DOI-BLM-CA-D080-2019-0006-EA November 2018
Draft Plan Amendment to the 1980 California Desert Conservation Area Plan, as amended, and Environmental Assessment for the Proposed Sale of 70 Acres of Public Land to OMYA, Inc.
U.S. Department of Interior Bureau of Land Management California Desert District Barstow Field Office 2601 Barstow Road Barstow, CA 92311 Table of Contents CHAPTER 1. INTRODUCTION 1 1.1 PROPOSED ACTION OVERVIEW ...... 1 1.2 PURPOSE AND NEED ...... 5 1.3 DECISION TO BE MADE ...... 5 1.4 PLANNING AREA ...... 5 1.5 SCOPING/ISSUES ...... 6 1.6 PLANNING CRITERIA ...... 6 1.7 PLANNING AND IMPLEMENTATION PROCESS ...... 6 1.8 POLICY CONSISTENCY AND LAND-USE PLAN CONFORMANCE ...... 7 CHAPTER 2. PROPOSED ACTION AND ALTERNATIVES 9 2.1 INTRODUCTION ...... 9 2.2 ALTERNATIVE A: PROPOSED ACTION – 70-ACRE DIRECT LAND SALE ...... 11 2.3 ALTERNATIVE B: NO ACTION ...... 12 2.4 ALTERNATIVE C: 45-ACRE DIRECT LAND SALE ...... 12 2.5 ALTERNATIVES CONSIDERED BUT ELIMINATED FROM ANALYSIS ...... 14 2.6 BLM’S PREFERRED ALTERNATIVE: PROPOSED ACTION ...... 15 CHAPTER 3. AFFECTED ENVIRONMENT 16 3.1 AIR QUALITY ...... 16 3.2 CULTURAL RESOURCES ...... 18 3.3 PALEONTOLOGICAL RESOURCES ...... 19 3.4 BIOLOGICAL RESOURCES ...... 19 3.5 WATER RESOURCES/DRAINAGE/HYDROLOGY ...... 23 3.6 LOCAL PLANNING AND ECONOMIC DEVELOPMENT ...... 23 3.7 MINERAL RESOURCES ...... 24 3.8 VISUAL RESOURCES ...... 25 3.9 HAZARDOUS/SOLID WASTES ...... 25 CHAPTER 4. ENVIRONMENTAL CONSEQUENCES 25 4.1 AIR QUALITY ...... 27 4.2 CULTURAL RESOURCES ...... 28 4.3 PALEONTOLOGICAL RESOURCES ...... 28 4.4 BIOLOGICAL RESOURCES ...... 28 4.5 WATER RESOURCES/DRAINAGE/HYDROLOGY ...... 31 4.6 LOCAL PLANNING AND ECONOMIC DEVELOPMENT ...... 32 4.7 MINERAL RESOURCES ...... 33 4.8 VISUAL RESOURCES ...... 34 4.9 HAZARDOUS/SOLID WASTES ...... 37 CHAPTER 5. CONSULTATION & COORDINATION 37 CHAPTER 6. LIST OF PREPARERS 37 LIST OF PREPARERS (LILBURN CORPORATION) ...... 37 LIST OF PREPARERS (BLM) ...... 38 CHAPTER 7. LIST OF ACRONYMS 38 CHAPTER 8. REFERENCES 39
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FIGURES Figure 1 Regional Location Map…………………………………………………………..3 Figure 2 Project Location Map…………………………………………………………….4 Figure 3 Granite Mountain Wildlife Linkage ACEC ………..….…………………….….10 Figure 4 Proposed Action Area ……….………………………..………………..……….11 Figure 5a 70-Acre Direct Land Sale Area …………………………………...... 12 Figure 5b 45-Acre Direct Land Sale Area ………………………………………………....13 Figure 6 70-acre and 45-acre Alternatives Layered ………………………………………14 Figure 7 Habitat and Vegetation Map…………………………………………………...... 22 Figure 8 Biological Resources Indirect Impact Map………………….………………...... 31 Figure 9 VRM Before and After Reclamation…………………………………………….36
TABLES Table 1 Planned Waste Rock, Overburden, & Fines Storage Areas White Knob – White Ridge Quarries…………………………………………………………………….2 Table 2 State and Federal Air Quality Designations and Classifications…………………17 Table 3 White Knob – White Ridge Quarries Three Year Average and Amended Plan Proposed Throughputs Tons/Year………………………………………………..34
Appendix Appendix A Conservation Management Action Checklist
ii UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT BARSTOW FIELD OFFICE
ENVIRONMENTAL ASSESSMENT
PROJECT TITLE/TYPE OF ACTION: Proposed sale of 70 acres of public land to OMYA, Inc.
CASE FILE/SERIAL NO.: CACA-53705
CONTROL NO.: DOI-BLM-CA-D080-2013-0084–EA
LAND USE PLAN: 1980 California Desert Conservation Area Plan, as amended.
COUNTY: San Bernardino, California
APPLICANT: OMYA, Inc. 7225 Crystal Creek Road Lucerne Valley, CA 92356
BLM OFFICE: Barstow Field Office 2601 Barstow Road Barstow, CA 92311
CHAPTER 1. INTRODUCTION
1.1 PROPOSED ACTION OVERVIEW
This environmental assessment (EA) considers the proposed direct sale of 70 acres of public land to OMYA, Inc. (OMYA). A plan amendment to the 1980 California Desert Conservation Area (CDCA) Plan would allow the direct sale under 43 CFR 2711.3-3(5). Operations at the White Knob Quarry began in the 1950s. OMYA became the operator in 1976. OMYA mines and processes calcium carbonate from a quarry that is located on private land, on the north side of the San Bernardino Mountains approximately 6 miles southwest of the community of Lucerne Valley (junction of SR 18 and SR247) and 8 miles northwest of Big Bear Lake. The public lands proposed for sale are located immediately north of OMYA’s White Knob Quarry. Ore from the White Knob Quarry is transported by truck to OMYA’s Lucerne Valley processing plant, which is on Crystal Creek Road approximately four miles south of State Highway (SH) 18 (see Figure 1). Substantive mining operations began in 1986 at the White Knob Quarry, and continue to generate considerable amount of waste material, which consists mostly of overburden. The Bureau of Land Management (BLM) issued a Notice of Trespass on December 15, 2005 on 9.2 acres after determining that overburden had been placed on federal public lands. The presence of overburden on public lands was addressed in a 2011 Settlement Agreement between the BLM and OMYA. The purpose of the agreement was to resolve and otherwise settle disputes regarding
OMYA Direct Land Sale EA 1 Nov 2018 the BLM claims of trespass relating to OMYA’s activities at the White Knob Quarry, including those set forth in the BLM’s December 2005 Notice of Trespass. The agreement has six separate remediation components (PARTS A-F). Included in one of those components is the BLM’s agreement to consider a sale of public land on which overburden material was placed without authorization and was proposed to be placed in the future, as one possible mechanism for resolving the unauthorized use. Under the General Mining Law of 1872, OMYA located mill site claims in 2012 on the area subject to the 70-acre direct sale. The 2015 Amended Mine and Reclamation Plan assumes that portions of the public lands proposed for sale would be used for placement of overburden material and a sediment basin. The BLM has authority under Section 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) to sell public lands including surface and subsurface, but only where the BLM has determined through its land use plan that the lands or interests in lands meet the criteria for sale under Section 203(a) and 209(b)(1) of the FLPMA. In December 2017, the BLM certified an addendum to the 2014 mineral potential report. In 2015, San Bernardino County approved an Amended Mine and Reclamation Plan for the existing White Knob/White Ridge Limestone Quarries, in accordance with the Surface Mining Control and Reclamation Act (SMARA) of 1977. The 2015 Amended Mine and Reclamation Plan prepared by OMYA states that the 3-year average of overburden production between 2004 and 2006 was a minimum of 392,500 and a maximum of 1,150,000 tons, and these materials were placed in overburden stockpiles. During the 3-year of overburden stockpile data collection, between 242,500 (minimum) and 850,000 tons (maximum) were subtracted from those overburden stockpiles and sold as aggregate depending on demand. OMYA’s 2015 Amended Mine and Reclamation Plan proposes to place overburden stockpiles within the White Knob Quarry footprint to reduce the area of disturbance and visual impact outside the quarry (see Table 1). This level of production is planned to be consistent until the year 2055 when the existing permit expires.
Table 1 - Planned Waste Rock, Overburden, & Fines Storage Areas White Knob – White Ridge Quarries
OMYA Direct Land Sale EA 2 Nov 2018 Figure 1 – Regional Location Map
OMYA Direct Land Sale EA 3 Nov 2018 Figure 2 - Project Location Map
OMYA Direct Land Sale EA 4 Nov 2018 1.2 PURPOSE AND NEED
The need for this action is to address the unauthorized use of public lands by OMYA, as identified in the 2005 Notice of Trespass and the 2011 Settlement Agreement between OMYA and the BLM. The purpose is also to consider a direct sale to OMYA in order to resolve the unauthorized placement and presence of overburden on a 9.2 acre portion of BLM-managed public lands. The 70-acre parcel of BLM public lands that OMYA has filed an application to purchase would be utilized to place mine overburden material for its adjacent mining operation and to resolve the unauthorized placement and presence of overburden. Use of the public lands in question is needed to meet the requirements in the 2015 Amended Mine and Reclamation Plan for the existing White Knob/White Ridge Limestone Quarries, as approved by San Bernardino County in 2015. OMYA’s mining operations contribute over $800,000 in tax revenue and 50 jobs to San Bernardino County. The California Department of Conservation classifies limestone deposits in the mining operations surrounding the 70-acre proposed planning area as MRZ-2 (a significant mineral resource). The San Bernardino Mountains and the White Knob Quarry has been, and will continue to be one of the largest sources of high brightness, high purity calcium carbonate products in North America, and serves the public need as a strong source of these mineral deposits. Some of the products created from this mineral are used in healthcare, industry, agriculture and environmental mitigation.
1.3 DECISION TO BE MADE
The BLM will decide whether to amend the CDCA Plan, to modify the Granite Mountain Wildlife Linkage Area of Critical Environmental Concern (ACEC) and whether to allow for the direct sale of surface and subsurface public lands to OMYA under Section 203 and 209 of FLPMA.
1.4 PLANNING AREA
The planning area is the 70 acres of public land proposed for sale. This area is located in the Juniper Flats region of the Barstow Field Office and within the Granite Mountain Wildlife Linkage ACEC, as designated in the 2016 Desert Renewable Energy Conservation Plan (DRECP) amendment to the CDCA Plan. The ACEC is bounded on the south by San Bernardino National Forest and on the north by the Bendire’s Thrasher ACEC. This wildlife corridor linkage area is between Lucerne Valley and Apple Valley and includes Granite Mountain. Relevant biological resources include wildlife and plant assemblages. The Granite Mountain Wildlife Linkage ACEC is critical for bighorn sheep, golden eagles, desert tortoise, prairie falcons and several other species. Additionally, numerous rare and sensitive plants have major populations here, and Joshua tree woodland is present, making the area regionally significant. The area provides critical links for wildlife populations to the north and south of this linkage area. Previous inventories have not demonstrated the presence of these biological resources within the 70-acre proposed sale area. The Proposed Action is one of the first land use plan amendments since the 2016 DRECP amendment to the CDCA Plan. Moreover, the Granite Mountain Wildlife Linkage ACEC was identified in the DRECP for a potential 70 acre direct land sale for OMYA mining operations, which would be subject to additional environmental analysis at a later date. Cultural and historical resources have been determined not present through archaeological and paleontological research. The Conservation and Management Actions (CMA) worksheet included in the Appendix provides
OMYA Direct Land Sale EA 5 Nov 2018 more information on these sensitive areas and associated compliance actions that will be required for lands that the BLM retains.
1.5 SCOPING/ISSUES
The BLM published a Notice of Intent (NOI) to prepare a draft EA and a draft plan amendment to the 1980 CDCA Plan in the Federal Register on October 4, 2012. The Notice provided a 30-day public scoping period for the proposed action. The BLM did not receive any substantive public comments in response to the NOI identifying issues for the proposed action, which is considered for this draft plan amendment. The BLM has identified the following issues to be considered in the plan amendment process: (1) The ecological value/importance of the public land proposed for sale and the feasibility of managing the land for conservation purposes; (2) The importance of the public land proposed for sale to support mining and recovery of a unique calcium limestone resource on private lands; and (3) The importance of OMYA’s quarry operations to the regional economy.
1.6 PLANNING CRITERIA
The proposed project is located within the Granite Mountain Wildlife Linkage ACEC of the Pinto Lucerne Valley and Eastern Slope Subregion. The area is designated as an ACEC, because it met the relevance and importance criteria (see BLM Manual 1613 – Areas of Critical Environmental Concern). It is identified in Appendix B of the 2016 DRECP Land Use Plan Amendment (LUPA). Moreover, “The area provides critical links for wildlife populations to the north and south of this linkage area.” The goals of the designation are to, “Protect biological values, habitat quality, populations of sensitive species, sensitive vegetation communities, and landscape connectivity while providing for compatible public uses.” Additionally, Appendix B of the DRECP LUPA states “there is the potential for disposal of a small portion of the ACEC that may occur through direct sale, resulting from a trespass related to the operations of White Knob Quarry, and the sale will require additional analysis and a draft plan amendment.”
In the DRECP, this project area is identified as part of an ACEC. In order to meet the purpose and need, and comply with the CDCA as amended, for the action (direct land sale), the CDCA plan will be amended to designate this area as General Public Lands and identify the project area as available for disposal under Section 203(a) and Section 209(b)(1) of FLPMA for the surface and subsurface rights. This proposed amendment to the CDCA plan does not affect any lands outside of this specific project area.
1.7 PLANNING AND IMPLEMENTATION PROCESS
The draft EA and draft LUPA is available for a 60-day comment period as notified by the Notice of Availability (NOA) published in the Federal Register. After reviewing and considering all comments, the BLM will prepare a proposed LUPA and Final EA for a 30-day protest period, as well as a 60-day governor’s consistency review. After any protests or governor’s consistency reviews are resolved, the BLM will issue a Decision Record (DR). If the BLM selects an alternative authorizing the direct sale of public land to OMYA, the BLM will proceed with an appraisal. A Phase 1 Environmental Site Assessment must be completed which can be done
OMYA Direct Land Sale EA 6 Nov 2018 concurrently with the appraisal process. If the direct land sale occurs, a Notice of Realty Action (NORA) will be published in the Federal Register. The NORA will undergo a 45-day comment period. The final process is to patent the lands and note the sale in the Federal land records.
1.8 POLICY CONSISTENCY AND LAND-USE PLAN CONFORMANCE
The BLM’s land use plan for this area is the 1980 CDCA Plan, as amended. Under the CDCA Plan, as amended, a possible sale of the project area is noted for future consideration, but the public lands proposed for sale are not specifically identified for disposal. FLPMA Sec. 203 (a) [43 U.S.C. 1713(a)] requires that, for a tract of public land to be sold, the land use plan must show that the tract meets the following criteria:
(1) Such tract because of its location or other characteristics is difficult and uneconomic to manage as part of the public lands, and is not suitable for management by another Federal department or agency; or (2) Such tract was acquired for a specific purpose and the tract is no longer required for that or any other Federal purpose; or (3) Disposal of such tract will serve important public objectives, including but not limited to, expansion of communities and economic development, which cannot be achieved prudently or feasibly on land other than public land and which outweigh other public objectives and values, including, but not limited to, recreation and scenic values, which would be served by maintaining such tract in Federal ownership.
FLPMA Sec. 209 (b)(1) [43 U.S.C. 1719 (a)] states that, minerals may be conveyed together with the surface to the prospective surface owner as provided in subsection (b) if the following criteria are met:
(1) The Secretary, after consultation with the appropriate department or agency head, may convey mineral interests owned by the United States where the surface is or will be in non- Federal ownership, regardless of which Federal entity may have administered the surface, if he finds (1) that there are no known mineral values in the land, or (2) that the reservation of the mineral rights in the United States is interfering with or precluding appropriate non- mineral development of the land and that such development is a more beneficial use of the land than mineral development. (2) Conveyance of mineral interests pursuant to this section shall be made only to the existing or proposed record owner of the surface, upon payment of administrative costs and the fair market value of the interests being conveyed. (3) Before considering an application for conveyance of mineral interests pursuant to this section– (i) the Secretary shall require the deposit by the applicant of a sum of money which he deems sufficient to cover administrative costs including, but not limited to, costs of conducting an exploratory program to determine the character of the mineral deposits in the land, evaluating the data obtained under the exploratory program to determine the fair market value of the mineral interests to be conveyed, and preparing and issuing the documents of conveyance: Provided, That, if the administrative costs exceed the deposit,
OMYA Direct Land Sale EA 7 Nov 2018 the applicant shall pay the outstanding amount; and, if the deposit exceeds the administrative costs, the applicant shall be given a credit for or refund of the excess; or (ii) the applicant, with the consent of the Secretary, shall have conducted, and submitted to the Secretary the results of, such an exploratory program, in accordance with standards promulgated by the Secretary. (4) Moneys paid to the Secretary for administrative costs pursuant to this subsection shall be paid to the agency which rendered the service and deposited to the appropriation then current.
Furthermore, all actions approved or authorized by the BLM must conform to the existing land use plan. If the BLM determines that a Proposed Action does not conform to the current land use plan, but the BLM determines that the proposal warrants analysis, the Proposed Action must be considered through a draft plan amendment (BLM NEPA Handbook, H-1790-1, Section 1.5). Therefore, a plan amendment is required prior to a sale of these lands. A draft plan amendment is considered an adaptive management technique and can be amended through land use planning efforts as described in BLM regulations (43 CFR 1610), and is subject to the National Environmental Policy Act (NEPA) and includes opportunities for participation by the public and other federal, state and local agencies. The BLM has determined that OMYA’s proposal warrants further analysis, and that the BLM will consider a land use plan amendment, which includes a public process, as described in the land use planning regulations at 43 CFR 1610.2. The BLM has identified the following issues to be considered in analyzing a plan amendment that would allow for a direct sale under either Alternative A or C: (1) The ecological value/importance of the public land proposed for sale as the parcel is located in the Granite Mountain Wildlife Linkage ACEC (see figure 3); (2) The importance of the public land proposed for sale to support mining and recovery of a unique calcium carbonate resource on adjacent private lands where the minerals are being extracted; and (3) The importance of OMYA’s quarry operations to the regional economy.
Moreover, the 2016 DRECP LUPA states under LUPA-MIN-2, that existing authorized mineral/energy operation, including existing authorizations, modifications, extensions and amendments and their required terms and conditions, are designated as an allowable use within all BLM lands in the LUPA Decision Area, and unpatented mining claims are subject to valid existing rights. Valid existing rights are established under 30 U.S.C. § 29 of the General Mining Law of 1872 and FLPMA of 1976 recognizes those rights. A plan amendment to change the planning area from the Granite Mountain Wildlife Linkage ACEC to GPL under Alternatives A and C, would alter the implementation of the 2016 DRECP’s Conservation and Management Actions (CMAs) from LUPA-ACEC to LUPA-GPL, and allow for disposal of public land pursuant to FLPMA. If the lands remain in federal ownership (Alternative B), OMYA would be required to have an approved plan of operation to use the federal lands for overburden stockpiling by submitting a Plan of Operations (POO) under 43 CFR §3802.1.
• National Historic Preservation Act (NHPA) Section 106 Consultation. The BLM completed its NHPA Section 106 consultation process for the direct sale with interested Tribes and State Historic Preservation Office (SHPO) in 2011, which included a survey of the planning area considered for direct sale to OMYA.
• Endangered Species Act (ESA) Section 7 Consultation with United Fish and Wildlife Service (USFWS). The BLM, in an ESA Section 7 informal consultation process, consulted with
OMYA Direct Land Sale EA 8 Nov 2018 the USFWS for the planning area in which OMYA’s mining operations currently takes place. The USFWS stated in a follow-up correspondence with the BLM in March 2017, that if the conservation units remain unchanged for the direct sale area, and are not reduced, then no further consultation is required. Moreover, the USFWS offered to provide a brief addendum to their 2016 memo if the conservation units are adjusted. The BLM does not seek to change the number of conservation units. Since the conservation units will remain unchanged, a formal consultation is not required.
CHAPTER 2. PROPOSED ACTION AND ALTERNATIVES
2.1 INTRODUCTION
Three alternatives are examined in this EA:
The Proposed Action (Alternative A), which is the BLM’s preferred alternative, and would amend the CDCA Plan, to remove 70 acres from the Granite Mountain Wildlife Linkage ACEC (see Figure 3) in San Bernardino County, California, and implement a direct sale of those acres to OMYA. To accommodate a proposed land sale, a plan amendment is required to change the land use designation of the affected parcel of public land from ACEC to GPL, and allow for disposal of public land pursuant to FLPMA. The No Action Alternative (Alternative B) would not amend the current land use plan or dispose of any public land. OMYA would need to submit a mining POO to BLM for their proposed use of current mill site claims. Alternative C, which would amend the current land use plan to remove 45 acres from the Granite Mountain Wildlife Linkage ACEC and implement a direct sale of those acres to OMYA. OMYA would need to submit a mining POO to BLM for their proposed use of current mill site claims on the 25 acres retained in federal ownership. To accommodate a proposed land sale, a plan amendment is required to change the land use designation of the affected parcel of public land from ACEC to GPL, and allow for disposal of public land pursuant to FLPMA.
The project area is located within the Granite Mountain Wildlife Linkage ACEC. A land use plan amendment is required to change a 70-acre (Alternative A) or a 45-acre (Alternative C) parcel of Granite Mountain Wildlife Linkage ACEC to GPL, and allow for disposal of public land pursuant to FLPMA. A land use plan amendment will allow the BLM to authorize a direct sale and disposal of a 70 acres (Alternative A) or 45 acres (Alternative C) parcel of public land to OMYA under section 203 [43 U.S.C. 1713] (a) and Sec. 209 (b)(1) [43 U.S.C. 1719 (a)] of the FLPMA of 1976. The San Bernardino County Planning Commission approved the White Knob/White Ridge Limestone Mine Site Approval and Reclamation Plan in 1986 (RP# 86M-04) with an expiration date of December 31, 2031 (see Figure 4). RP# 86M-04 permits mining operations on 145 acres of the mine operator’s 357.5 total acres of land holdings with 70 acres of public land being considered for sale within the White Knob Quarry. The 2015 Amended Mine and Reclamation Plan (Amended Plan) was prepared to incorporate supplemental data and modifications to mining and reclamation plans since the original plan was approved in 1986. The 2015 Amended Plan proposes to disturb an additional 190 acres on a total fee area of 423.1 acres with quarry activities. Approximately 70 acres of unpatented mill site claims are on BLM federal lands within the
OMYA Direct Land Sale EA 9 Nov 2018 permitted lands. The potentially affected public lands are described from a BLM Cadastral Survey as follows:
70-acre Legal Description (See figure 5a and 6) San Bernardino Meridian, California T. 3 N., R. 1 W., sec. 5, SW¼SW¼, W½SE¼SW¼, and SE¼SE¼SW¼ The area described contains 70.00 acres
45-acre Legal Description (See figure 5b and 6) San Bernardino Meridian, California T. 3 N., R. 1 W., sec. 5, S½SW¼SW¼, W½SE¼SW¼, and W½SE¼SE¼SW¼ The area described contains 45.00 acres
Figure 3 – Granite Mountain Wildlife Linkage ACEC
Project Site
OMYA Direct Land Sale EA 10 Nov 2018 Figure 4 – Proposed Action Engineering Area
2.2 ALTERNATIVE A: PROPOSED ACTION – 70-ACRE DIRECT LAND SALE
Under the Proposed Action (Alternative A), the BLM would amend the CDCA Plan to remove 70 acres from the Granite Mountain ACEC, and change the allocation of that area to GPL and identify the area as suitable for sale under Section 203 and 209 of the FLPMA. The BLM would then implement a direct sale of the 70 acres to OMYA to resolve unauthorized use and to meet OMYA’s future needs for the disposal of mine overburden. All of OMYA’s unpatented mill site claims within the Granite Mountain Wildlife Linkage ACEC are included in these 70 acres (see Figure 4).1
This proposed action would expand the total existing and proposed quarry areas to approximately 335 acres on private land, and would satisfy the requirements of the San Bernardino County mining ordinance and the State Mining and Reclamation Act (SMARA) as overseen by the California Office of Mine Reclamation (OMR). This alternative would be sufficient to meet OMYA’s need for overburden, and additional overburden storage would not occur on adjacent public lands.
1 OMYA originally requested 80 acres be considered for a direct sale in the 2011 Settlement Agreement to maintain current and future operation, however this was reduced to 70 acres as part of the Amended Mine and Reclamation Plan approved by San Bernardino County (see Figure 4).
OMYA Direct Land Sale EA 11 Nov 2018 Figure 5a – 70-acre Direct Land Sale Area
2.3 ALTERNATIVE B: NO ACTION
The No Action alternative would not amend the CDCA Plan, and would not modify the boundaries of the Granite Mountain Wildlife Linkage ACEC. For the purposes of analysis, the BLM assumes that under this alternative, OMYA would not be able to implement the 2015 Amended Mine and Reclamation Plan, and would continue to operate under the 1986 Plan, which had an expiration date of December 31, 2031, as compared to the 2015 Amended Mine and Reclamation Plan, which expires in 2055. However, OMYA could submit a mining POO to BLM for all or a portion of the 70-acres of mill site mining claims located on public land consistent with the 1872 Mining Law. Also see Section 2.5.1 for a discussion of alternatives considered but eliminated from detailed study.
2.4 ALTERNATIVE C: 45-ACRE DIRECT LAND SALE
Under Alternative C, the BLM would amend the CDCA Plan to remove 45 acres from the Granite Mountain Wildlife Linkage ACEC, and change the land use allocation of that area to GPL and identify the area as suitable for sale under Section 203 and 209 of the FLPMA. The BLM would then implement a direct sale of the 45 acres to OMYA to resolve the unauthorized use and partially meet OMYA’s future needs for the disposal of mine overburden (see Figure 5b). Alternative C, if selected, would require OMYA to submit for approval to the BLM, a POO for its use of mill site
OMYA Direct Land Sale EA 12 Nov 2018 claims on the unsold 25-acres, as the 45-acres would not be sufficient to meet its overburden storage needs in accordance with the 2015 Amended Mine and Reclamation Plan. The pursuit of Alternative C by the BLM would result in the continued monitoring and management of 25 acres and the overburden waste associated with it for the foreseeable future.
Figure 5b - 45-acre Direct Land Sale Area
The 45-acre alternative would eliminate four 5-acre areas along the northwest side of the direct sale area (WK-MS 1, 3, 5, and 7) and one 5-acre area along the east side of the direct sale area (WK-MS 14) (see Figure 6). This alternative would be designed to retain federal ownership of a wetland and sensitive habitat in WK-MS-14, and two wetlands and sensitive habitat in WK-MS- 7. These parcels were excluded from this direct sale Alternative C in order to retain these resources in federal ownership and manage in accordance with the goals and objectives of the Granite Mountain Wildlife Linkage ACEC. WK-MS 1, WK-MS 3, and WK-MS 5 are considered for exclusion under this alternative, however, in accordance with the 2015 Amended Plan there is a potential line of disturbance (black dashed line) that goes through each of the WK-MS 1, WK-MS 3, WK-MS 5, WK-MS 7, and WK-MS 14 parcels.
Under this alternative, OMYA asserts that reduction of the sale area would result in impingement on the White Knob Quarry County-approved limits of potential disturbance in the southern portions of WK-MS 1, 3, 5, and 7, as well as the southern and western portions of WK-MS 14 that are currently approved under its current SMARA permit. This alternative would also eliminate the buffer for the county approved debris in Basin 13. In addition, the BLM would retain
OMYA Direct Land Sale EA 13 Nov 2018 ownership of 25 acres and would continue to manage these areas in accordance with law, regulation and policy.
Figure 6 – 70-acre (blue line) and 45-acre (yellow line) Alternatives Layered
2.5 ALTERNATIVES CONSIDERED BUT ELIMINATED FROM ANALYSIS
2.5.1 ALTERNATIVE D: AUTHORIZATION TO USE PUBLIC LANDS FOR WASTE MATERIAL STORAGE UNDER THE 1872 MINING LAW (30 U.S.C. 22 et seq)
Under this alternative, instead of purchasing public land, OMYA would submit a mining POO to the BLM to use their mill site claims WK MS 1 through WK MS 14 (on the public lands proposed for sale) for waste storage to support their mining operations under the 1872 Mining Law. Under its regulations and pursuant to 43 C.F.R. § 3809.411(d)(3)(iii), the BLM could authorize a mill site under a POO to OMYA. The POO would allow OMYA to dispose of mine waste on the public lands proposed for sale. This option would require OMYA to pay a bond to reclaim the land upon the expiration of their authorization. However, the BLM would be responsible for managing the waste in perpetuity under the alternative. These findings were agreed upon and included in a Memorandum signed by the BLM California State Director in 2012. Moreover, OMYA has deferred submitting a mining POO pending the BLM’s decision on the proposed land sale.
OMYA Direct Land Sale EA 14 Nov 2018 The BLM has decided not to fully analyze this alternative because its implementation is remote or speculative. Because OMYA has not submitted a plan of operation, the BLM cannot evaluate it to determine if it conforms with the CDCA Plan, or whether a land use plan amendment would be necessary. Moreover, the BLM cannot analyze alternative methods of avoidance, minimization, or mitigation without a mining plan of operation.
OMYA’s objectives for the use of the 70 acre area would remain the same, and it is likely that OMYA would propose a POO consistent with the 2015 Amended Mine and Reclamation Plan. If OMYA’s Plan of Operations is the same as the reclamation requirements included in the 2015 Amended Mine and Reclamation Plan, including methods, production amounts, and mitigation measures (albeit, without a direct sale), the impacts would be substantially similar to those analyzed in Alternative A. The primary difference is that the federal government would retain jurisdiction of the mining site including management of the mine waste in perpetuity.
If the BLM selects the No Action alternative (Alternative B), and OMYA files a plan of operation, the BLM will conduct the appropriate environmental review and public participation under NEPA prior to authorizing the plan. Under this alternative the BLM would retain management responsibility and financial liability for public lands that would be disturbed by substantial amounts of mine waste for the foreseeable future.
2.5.2 ALTERNATIVE E: A 60-ACRE DIRECT SALE
On April 7, 2017, the BLM met with OMYA to discuss the BLM’s proposal for a smaller 45-acre alternative. OMYA responded with a 62.5-acre direct sale alternative. This 62.5-acre alternative was established as the minimum amount of acres necessary to meet the current and future needs of OMYA’s mining operation at White Knob Quarry without the need to submit a plan of operation to BLM. This alternative would allow the BLM to retain 7.5 acres of the Silver Creek Placer #4 claim (WK-MS 1, 3, 5). During the April 7, 2017 meeting, OMYA reduced the 62.5-acre to 60 acres to allow the BLM to retain an additional 2.5 acres in the northern portion of WK-MS 7, which contains a sensitive habitat and wetland area, but would sell WK-MS-14, which has been determined to also be a sensitive habitat and wetland. The sensitive habitat and wetland area would not be within BLM oversight, but would still be mitigated and managed for in the 2015 Amended Mine and Reclamation Plan. The BLM eliminated the 60-acre alternative from consideration, because it was not reasonably different than the Proposed Action alternative.
2.6 BLM’s PREFERRED ALTERNATIVE: PROPOSED ACTION
The BLM’s preferred alternative is the Proposed Action (Alternative A). The Granite Mountain Wildlife Linkage ACEC Special Unit Management Plan identified the potential for disposal through a direct sale as identified in the 2011 Settlement Agreement to resolve a trespass. The Proposed Action is also supported by San Bernardino County’s findings for the mining operations management and mitigation strategies employed at the White Knob/Ridge Quarry as detailed in the 2015 Amended Mine and Reclamation Plan and Final Environmental Impact Report (FEIR). The Proposed Action allows BLM to eliminate the land trespass while still meeting the relevance and importance values of the remainder of the Granite Mountain Wildlife Linkage ACEC.
OMYA Direct Land Sale EA 15 Nov 2018 CHAPTER 3. AFFECTED ENVIRONMENT
Information on the affected environment is summarized here from San Bernardino County’s October 2014 Draft Environmental Impact Report (DEIR) for the White Knob/White Ridge Limestone Quarry Expansion and from site specific reports of the public lands proposed for sale. The 2014 DEIR is available at: http://cms.sbcounty.gov/lus/Mining/MiningEnvironmental.aspx, and is hereby incorporated by reference. The 2015 FEIR has not been provided at the link above, but is available on the BLM server. The DEIR will be referenced throughout Chapters 3 and 4, unless the FEIR provides more current resources information, in which case it will be referenced. The FEIR only contains resource updates to the DEIR. A Phase I Environmental Site Assessment (ESA) will be conducted by a third party in 2018. Findings from that assessment will be included in the final version of this EA, and compared with previous survey data.
General description. The public land proposed for sale is located adjacent to and immediately north of the White Knob Quarry, a long-standing, operating carbonate mine. Approximately 10 acres of the public lands proposed for sale are already heavily disturbed by the existing authorized haul road (4 acres) and unauthorized mine waste (6 acres). The remaining acres considered for a land sale are entirely on BLM lands and fall within the Granite Mountain Wildlife Linkage ACEC.
The haul road to move crushed ore from the White Knob Quarry to the processing plant is approximately 5.1 miles long and the first 4.4 miles are on public lands managed by the BLM. The haul road on public land is authorized under a FLPMA right-of-way (ROW) approved by the BLM in 1988. The haul road originates on private land controlled by OMYA, so the general public does not have access to the haul road.
Elements of the human environment not present on or near the public lands. Farmlands (Prime or Unique), Fish Habitat, Floodplains, Livestock Grazing, Minority or Low Income Communities or Indian Tribes as defined in the Council on Environmental Quality’s guidance in ENVIRONMENTAL JUSTICE Guidance Under the National Environmental Policy Acts, December 1997, National Historic Trails, Wild Horses and Burros, and Lands with Wilderness Characteristics.
Elements of the human environment, which would not be materially affected by the proposed action. Fuels or fire management, energy production, noise, recreation and traffic.
The proposed action has the potential to affect air quality and greenhouse gas emissions, cultural resources, paleontological resources, biological resources, an ACEC designated in the 2016 DRECP LUPA, water resources, local planning and economic development, mineral resources, visual resources, and hazardous or solid wastes.
3.1 AIR QUALITY
The following information is summarized from the Air Quality section 3.2-1 – 3.2-28 of the DEIR.
OMYA Direct Land Sale EA 16 Nov 2018 Air pollutants from stationary and mobile sources are regulated by federal and state law. Regulated air pollutants are known as “criteria air pollutants” and are categorized into primary and secondary pollutants. Primary air pollutants are those that are emitted directly from sources. Carbon monoxide (CO), reactive organic gases (ROG), Nitrogen oxides (NOX), sulfur dioxide (SO2), most particulate matter (PM10 and PM2.5), lead, and fugitive dust are primary air pollutants. CO, SO2, PM10, and PM2.5 are criteria pollutants. ROG and NOX are pollutant precursors which form secondary criteria pollutants through reactions in the atmosphere. Ozone (O3) and nitrogen dioxide (NO2) are the principal secondary pollutants.
The White Knob Quarry is in the Mojave Desert Air Basin (MDAB) under the jurisdiction of the Mojave Desert Air Quality Management District (MDAQMD). Air quality throughout the Air Basin and in the vicinity of quarry and the public land proposed for sale is generally good. There are, however, times that the area does not meet federal and state air quality standards due to locally generated and/or wind transported pollutants. The area around the public lands proposed for sale is currently classified as a federal non-attainment area for ozone and PM10 under national standards. The air quality standards and status, in terms of attainment/compliance with the standards are listed below in Table 2.
3.1.1 Existing Baseline Emissions
OMYA’s Lucerne Valley processing plant currently receives ore from the Butterfield, Sentinel and White Knob Quarries. The quarries and processing plant consist of operations and equipment that emit dust and diesel exhaust. Detailed baseline emissions (created from modeling) from vehicles, dust from equipment travel over dirt roads, dust generated during mining and processing activities, and combustion during mining and processing are shown in Tables 11 through 15 on pages 26-28 of Appendix C to the DEIR. Table 2 State and Federal Air Quality Designations and Classifications
Ambient Air Quality Standard Status Non-attainment, classified Moderate (portion of Eight-hour Ozone (Federal) MDAQMD in Riverside County is attainment) Ozone (State) Non-attainment; classified Moderate Non-attainment; classified Moderate (portion of PM (Federal) 10 MDAQMD in Riverside County is attainment)
PM2.5 (Federal) Unclassified/attainment Non-attainment (portion of MDAQMD outside of PM (State) 2.5 Western Mojave Desert Ozone)
PM10 (State) Non-attainment Carbon Monoxide (State and Federal) Attainment Nitrogen Dioxide (State and Federal) Attainment/unclassified Sulfur Dioxide (State and Federal) Attainment/unclassified Lead (State and Federal) Attainment Particulate Sulfate (State) Attainment
OMYA Direct Land Sale EA 17 Nov 2018 Unclassified (Searles Valley Planning Area is non- Hydrogen Sulfide (State) attainment) Visibility Reducing Particles (State) Unclassified Source: MDAQMD CEQA and Federal Conformity Guidelines, August 2011
The following information is summarized from the Greenhouse Gas (GHG) section 3.6 of the DEIR. Currently, operations at the White Knob Quarry generate approximately 13,183 million gross metric tons of carbon dioxide (MTCO2e) equivalents annually. The GHG emissions come from vehicles and/or equipment used in the excavation, crushing and transportation of ore. The closest residential community is approximately 3 miles from the site and 1.25 miles from the off- site haul road.
3.2 CULTURAL RESOURCES
The following information is summarized from the Cultural Resources section 3.4 of the DEIR.
The archaeological records search, historical background research, and intensive-level field surveys did not identify any significant archaeological or historical resources within the area of potential effect of the Amended Mine and Reclamation Plan for the White Knob/White Ridge Limestone Quarries. The Area of Potential Effect (APE) was delineated to include all public and private land which would be disturbed by mining operations.
Separately, McKenna et al. (2012) completed a Class III cultural resources survey of the public land proposed for sale in collaboration with James Shearer, BLM Archaeologist, Barstow Field Office. The survey included a buffer around the property, where accessible, to ensure total coverage. The survey was completed by traversing paralleling transects at 10-15 meter intervals in areas where terrain permitted the systematic approach and discretionary coverage in the remaining areas.
Where the systematic survey was not possible, McKenna et al. (2012) conducted a subjective and/or reconnaissance level of investigation, following the terrain, working around vegetation and slopes, and avoiding slopes exceeding 40 degrees. Previous research identified one prehistoric archaeological site within the project area (36-005556), a lithic scatter just northeast of the APE, but within the buffer zone. This site was previously impacted by the development of the White Knob Haul Road and little evidence of the site remains. In addition, in 2012, McKenna et al. recorded a historic period resource, 36-024514 (CA-SBR-15565H; the Fife Mining Claim Road). The Fife Mining Claim Road (36-024514) is not a significant resource. It has been impacted by prior construction and no artifacts or other features were found in association with the segment of the road running through the current project area. Therefore, McKenna et al. completed updated archaeological site records and is not recommending any additional studies with respect these resources.
To complete this evaluation in compliance with the data requirements defined by the BLM permit application and in support of the NHPA Section 106 resource evaluation, McKenna et al. (2012) completed the following tasks:
OMYA Direct Land Sale EA 18 Nov 2018 Archaeological Records Search: McKenna et al. completed an archaeological records search through the San Bernardino County Museum, Archaeological Information Center, Redlands, California (on-file at the BLM offices). The research was designed to compile data on previously completed studies within one-mile of the project area APE. This level of investigation required a review of four USGS quadrangles. McKenna et al. obtained copies of all recorded site forms and the historic maps covering the area. In addition, the listing of properties in the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest were reviewed. Locally recognized resources were also investigated. The locations of the earlier studies were mapped and compared to the data presented in the available technical report(s).
Sacred Lands Search: The Native American Heritage Commission was contacted on April 16, 2012, for information on the presence or absence of known religious or sacred Native American sites within or near the APE. The Native American Heritage Commission reported that no known sites or resources were known or recorded within the specific project area, but noted that resources were known and recorded for the general area. In addition, a listing of local Native American representatives wishing to consult with respect to projects in the area of southern Lucerne Valley was obtained and letters were mailed to all listed persons on April 24, 2012. As of this writing, no responses have been received.
Historic Background Research: Background research and land use history was researched through the Bureau of Land Management General Land Office files; the San Bernardino County Archives, Redlands; the San Bernardino County Recorder’s Office, San Bernardino; the San Bernardino County Museum; and the in-house library at McKenna et al. Local histories were perused and articles relating to the area were researched on-line.
3.3 PALEONTOLOGICAL RESOURCES
A paleontological overview for the area was obtained through the Natural History Museum of Los Angeles County (NHMLAC). The NHMLAC found no known paleontological localities within the APE or nearby from similar sediment lithologies to that occurring within the APE. This overview was designed to place the project area in a context for the preliminary assessment of the relative sensitivity for the area to yield evidence of fossil specimens.
McKenna et al. completed a pedestrian survey of the public lands proposed for sale on May 21 and 22, 2012, in conjunction with the archaeological survey. No physical evidence of fossil specimens or fossil bearing deposits was noted during this investigation. Given the negative findings, no further studies are warranted with respect to paleontological issues.
3.4 BIOLOGICAL RESOURCES
Granite Mountains Wildlife Linkage ACEC
The public lands proposed for disposal through direct sale are within the Granite Mountain Wildlife Linkage ACEC, designated in the 2016 DRECP LUPA. The primary purpose of this ACEC is to preserve a north to south wildlife linkage connecting the existing Bendire’s Thrasher
OMYA Direct Land Sale EA 19 Nov 2018 ACEC to the north with the San Bernardino National Forest to the south. A description of the ACEC is contained in Appendix B to the DRECP LUPA at: http://drecp.org/finaldrecp/.
The Granite Mountain Wildlife Linkage ACEC contains 39,291 acres of public land.
Information on biological resources is summarized here from the Biological Resources section 3.3 of the DEIR and from site specific surveys of the public lands proposed for sale conducted by Lilburn Corporation in May 2012. The DEIR describes existing biological resources within a Project Study Area (PSA), which encompasses the entire haul road, the White Knob Quarry, the processing plant and a buffer area, to identify all resources that might be affected by the Amended Mine and Reclamation Plan for the White Knob/White Ridge Limestone Quarries.
The PSA contains a diverse mix of barren/disturbed lands and natural vegetative communities consisting of desert scrub, juniper, mixed chaparral, montane chaparral, pinyon-juniper, desert wash, and desert riparian community types. The Biological Resources section of the DEIR contains a comprehensive list of Special-Status plant and animal species which are either known to be present or have the potential to be present in the PSA based on past surveys and habitat considered suitable for the species.
The PSA and the public land proposed for sale does not include any area which has been designated as critical habitat by the USFWS. There is designated critical habitat for Cushenbury oxytheca and Cushenbury buckwheat at a distance of approximately one mile from the public lands proposed for sale.
The PSA is within the Carbonate Habitat Management Area (CHMA). The CHMA covers approximately 160,000 acres and is managed in accordance with the Carbonate Habitat Management Strategy (CHMS) as provided in a Memorandum of Understanding and Agreement signed by OMYA, the U.S. Forest Service, the BLM, San Bernardino County, Specialty Minerals, Mitsubishi Cement Company, the California Native Plant Society (CNPS), and the Cushenbury Mine Trust. The proposed action operational standards under OMYA’s guidance are consistent with the CHMS as adhered to in the Project Objectives section of the DEIR. A copy of the agreement is in Appendix D to the DEIR.
The CHMS was developed to facilitate limestone mining activity while conserving four federally listed plant species that occur almost exclusively on carbonate soils in the northeastern San Bernardino Mountains. The plants covered under the CHMS include Cushenbury buckwheat, Cushenbury milk-vetch, Cushenbury oxytheca, and Parish’s daisy.
Biological Resources Specific to the Public Land
The following information on biological resources is based primarily on site specific surveys of the public lands proposed for sale conducted by Lilburn Corporation in May 2012.
California Juniper Series: The public land proposed for sale contains approximately 56 acres of California Juniper series, the prevalent habitat onsite (see Figure 7). California Juniper series is identified as a vegetation series in the California Native Plant Society’s Manual of California
OMYA Direct Land Sale EA 20 Nov 2018 Vegetation. The series is described to occur in upland ridges, slopes, and valleys on soils bedrock or alluvium-derived. The series is found at elevations ranging from 1,000 to 2,450 meters above sea level. Species observed to occur in portions of the project area identified as California juniper series include: California juniper (Juniperus californica), Joshua tree (Yucca brevifolia), chaparral yucca (Hesperoyucca whipplei), cactus (Opuntia sp.), cholla (Cylindropuntia sp.), Cooper’s goldenbush (Ericameria cooperi), Davidson’s buckwheat (Eriogonum davidsonii), California buckwheat (Eriogonum fasciculatum), creosote bush (Larrea tridentata), Anderson’s thornbush (Lycium andersonii), desert almond (Prunus fasciculata), camel thorn (Alhagi maurorum), blackbrush (Coleogyne ramosissima), matchweed (Gutierrezia microcephala), and antelope bush (Purshia tridentate).
Disturbed Habitat: The public land proposed for sale contains approximately 10 acres of disturbed habitat. Disturbed habitat is described as habitat disturbed by the existing road, turn-outs, catchment basins, road berms, and other ancillary development.
Ephemeral Stream Habitat: The public land proposed for sale contains approximately 3.4 acres of ephemeral stream habitat. Drainages in the project area are characterized by sandy bottoms of varying widths and depths. Vegetation in the drainages are similar to the upland California juniper series vegetation, with higher concentrations of sweetbush (Bebbia juncea), saltbush, saltceder, rubber rabbitbush (Chrysothamnus nauseosus), and desert olive (Forestiera pubescens).
Wetland Habitat: The public land proposed for sale contains three wetland areas around groundwater springs totaling approximately 0.75 acres. The wetland areas are all outside the areas which would be disturbed under the 2015 Amended Mine and Reclamation Plan. Two wetland areas are located on the west side of the haul road and north of the proposed overburden stockpile; and one larger wetland area is located on the east side of the haul road.
Plant species found in the wetlands include canyon live oak (Quercus chrysolepis), willow herb (Epilobium ciliatum), red willow (Salix laevigata), arroyo willow (Salix lasiolepis), Baltic rush (Juncus balticus ssp. ater) iris-leaved rush (Juncus xiphoides), desert olive (Forestiera pubescens), and Elymus sp.
OMYA Direct Land Sale EA 21 Nov 2018 Figure 7 Habitat and Vegetation Map
Federal and State Listed Plants
The public land proposed for sale contains soils favorable for the occurrence of four listed limestone endemic plants as follows: Cushenbury oxytheca (Acanthoscyphus parishii goodmaniana), Cushenbury milk-vetch (Astragalus albens), Cushenbury Buckwheat (Eriogonum ovalifolium var. vineum), and Parish’s Daisy (Erigeron parishii). Of these species, the Cushenbury buckwheat and Parish’s daisy were found in the southeast portion of the public land outside the areas which would be disturbed under the 2015 Amended Mine and Reclamation Plan. Oxytheca and milk-vetch were not found during the surveys of public land proposed for sale.
Other listed plants surveyed for included the Ash-gray Paintbrush (Castilleja cinerea), Big Bear Valley Sandwort (Eremogone ursina), Southern Mountain Buckwheat (Eriogonum kennedyi var. austromontanum), San Bernardino Blue Grass (Poa atropurpurea), Bird-foot Checkerbloom (Sidalcea pedata), California Dandelion (Taraxacum californicum), and Slender-petaled Thelypodium (Thelypodium stenopetalum). None of these federally and/or state-listed flora species were found to occur during the surveys.
Federal and State Listed Animals
Habitat presence/absence surveys were conducted for species that were determined to have the potential to occur in the vicinity of the public land proposed for sale. Six species were identified that are under the protection of the State and Federal Endangered Species Acts or that require special permits or consultation with State and Federal agencies as potentially occurring within the project vicinity. The species listed on the California Natural Diversity Data Base and/or the
OMYA Direct Land Sale EA 22 Nov 2018 USFWS San Bernardino County Species List include: Southern Rubber Boa (Charina umbratica), Unarmored Threespine Stickleback (Gasterosteus aculeatus williamsoni), Desert Tortoise (Gopherus agassizii), Bald Eagle (Haliaeetus leucocephalus), Sierra Madre Yellow Legged Frog (Rana muscosa), and Mohave Ground Squirrel (Xerospermophilus mohavensis).
None of these species were found during surveys of the public land proposed for sale and the area is outside known Mojave Ground Squirrel habitat. On June 12-13, 2012, Lilburn Corporation conducted desert tortoise presence/absence surveys within portions of the 70 acres of public land identified as potentially suitable habitat for the species. These surveys were reviewed by the BLM for consistency and accuracy. No desert tortoise or signs of desert tortoise were recorded as a result of the survey. Although no desert tortoise or desert tortoise sign were recorded, a low probability for the species presence remains.
3.5 WATER RESOURCES/DRAINAGE/HYDROLOGY
The following information is summarized from the Hydrology and Water Quality section 3.7 of the DEIR.
The White Knob/White Ridge Limestone Quarries utilize approximately 2.75 acre-feet of water annually for dust suppression in the quarries, overburden placement areas, haul/access roads, and at the crusher. Water is obtained from two permitted wells, a well located at OMYA’s processing plant in Lucerne Valley and a well located in Crystal Creek Canyon near Turnout 5 on the Crystal Creek haul road, both of which are within the Mojave River Groundwater Basin. These water sources would be used to meet water demands under the 2015 Amended Mine and Reclamation Plan for the White Knob/White Ridge Limestone Quarries.
Under the Mojave River adjudication, OMYA has an annual production allocation of 23 acre-feet per year for its two wells. Water usage over the past six years (2007 through 2012) has been 19, 14, 14, 14, 14, and 14 acre-feet per year, respectively.
There are no annual or perennial streams in the immediate vicinity of the project area for the Amended Mine and Reclamation Plan White Knob/White Ridge Limestone Quarries. Four intermittent/ephemeral drainages flow generally from south to north through the public land proposed for sale. Three of the four drainages have been impacted by existing overburden fill and/or the haul road or upstream by existing operations on the White Knob Quarry.
Three groundwater springs and associated wetlands are on the public land proposed for sale.
3.6 LOCAL PLANNING AND ECONOMIC DEVELOPMENT
The Project Area is located in the high desert region of San Bernardino County, about six miles southwest of the town of Lucerne Valley and approximately 12 miles southeast of Apple Valley and the fast growing High Desert or Victor Valley area in southern California. San Bernardino County is located in the southern portion of California, just east of Los Angeles County, and encompasses approximately 20,105 square miles. It is the largest county in the United States. Approximately 81 percent of the land in the County is managed by the state or federal government
OMYA Direct Land Sale EA 23 Nov 2018 with approximately 6 million acres under the jurisdiction of the BLM. A direct sale of public land to OMYA would help maintain the 50 local jobs and $800,000 in tax revenue in San Bernardino County from the mining operations. In accordance with FLPMA Section 103(c), public lands are to be managed for multiple uses, taking into account the long-term needs of future generations for renewable and non-renewable resources.
According to the United States Census Bureau, the estimated population of the County was 2.081 million, a 22 percent increase from 2000 (approximately 1.709 million) (U.S. Census Bureau 2010). The majority of the County’s residents (1.6 million) live in the urbanized areas south of the San Bernardino Mountains. The major developed area in the High Desert is along I-15 and includes four incorporated cities with a population of over 300,000. This area provides lower cost residential development, commercial, industrial, education, government, health and education job opportunities and services, and a variety of retail, restaurant, and lodging services.
The approximate median household income in the High Desert in 2010 was $45,000 to $50,000 annually (U.S. Census Bureau 2010). The majority of job-related income is derived from service- related industries including education, medical, retail, professional, and hospitality. The unemployment rate in the area ranged from 12 to 15% in 2012.
The Lucerne Valley area has a population of 5,811 (U.S. Census Bureau 2010). It is a mix of rural residential with long-time residents, retirees, and second homes. The area has been the center for the long-term mining of construction aggregates and limestone for cement and commercial and industrial products. The three limestone mining and production companies are the major employers in the area.
3.7 MINERAL RESOURCES
The following information is summarized from Project Description in section 2 of the DEIR.
The public land proposed for sale has no known mineral value for development as found in the December 2017 Addendum to the mineral potential report. Moreover, since the project area being proposed for direct sale under Alternatives A and C does not have known mineral value, then subsequently there would be no adverse effects to subsurface minerals. The project area is immediately north of operating limestone quarries on private lands, but a sediment basin and catchment would eliminate any adverse effects to those mineral deposits. In addition, the White Knob Quarry, on private land immediately north of the public lands proposed for sale, is within the larger San Bernardino Mountains-Lucerne Valley Mining District and contains a number of other large-scale limestone mines that would be unaffected due to proximity from the proposed project area.
The White Knob Quarry produces high purity limestone (calcium carbonate) suitable for pharmaceutical and food additives, as well as many other uses. The quarry operates year-round, excavating material which consists of ore and overburden. Quarry operation produce approximately 324,000 tons of ore per year (which is sent to an on-site crusher) and 188,000 tons per year of overburden. Of the crushed ore, 275,400 tons per year are transported by truck to OMYA’s processing plant for production. 48,600 tons per year of crusher fines are sent to overburden stockpiles, which is the only planned use for the proposed project area.
OMYA Direct Land Sale EA 24 Nov 2018
3.8 VISUAL RESOURCES
The following information is summarized from Aesthetics section 3.1 of the DEIR:
The proposed sale of 70 acres of public land to OMYA are entirely located in Visual Resource Management (VRM) Class IV, under its current ACEC designation. A direct sale would remove public lands from any VRM class, since the land would go into private ownership. A direct sale of 45-acres would reduce the amount of VRM Class IV acreage in the planning area due to the disposal of federal lands for private use, but would retain 25-acres in VRM Class IV.
3.9 HAZARDOUS/SOLID WASTES
Existing mining operations involve the transport, storage, and use of fuels, lubricants, and explosives. Waste oil generated at the mine site is collected and transported for off-site disposal by approved methods and by properly trained and licensed personnel. No processing chemicals are used and no wastewater is produced from the mining and crushing operations according to the 2014 DEIR (pg. 31).
CHAPTER 4. ENVIRONMENTAL CONSEQUENCES
The potential for direct and indirect impacts of the proposed action were analyzed in the 2015 Amended Mine and Reclamation Plan and FEIR. Conveying public lands out of federal ownership may result in the occurrence of indirect environmental effects. The direct impacts of mining operations that are not within close proximity of human residential and recreational communities would be mitigated under the regulations of the SMARA. For purposes of considering the impacts of the proposed action, the BLM has assumed that if the public lands are sold to OMYA, they would be used and/or developed consistent with the Amended Mine and Reclamation Plan for the White Knob/White Ridge Limestone Quarries approved by San Bernardino County in 2015. Furthermore, the DEIR analyzes a “no project” alternative that would revert OMYA’s operations back to the 1986 plan, and is not similar to the “no action” alternative contained in this EA, which would require restoration of the trespass area. Additionally, the DEIR analyzes a smaller acreage alternative, which would eliminate overburden site #2, but it does not have significant similarities to Alternative C, the 45-acre alternative, which does not require the removal of overburden site #2. Thus, the reduced effects on parcels removed from the Proposed Action in Alternative C are analyzed from findings in the DEIR connected to the sensitive habitats and environments that are affected by OMYA’s mining operation.
A direct sale of public lands to OMYA and a land use plan amendment to the CDCA Plan, to change the planning area designation from Granite Mountain Wildlife Linkage ACEC to GPL, subsequently allowing the sale, would remove the sale lands from federal land use objectives, allowable uses and management actions under the DRECP LUPA Appendix B pages 518 - 520, for the ACEC. However, local, county and state mining statutes and regulations would still be applicable under the proposed action.
OMYA Direct Land Sale EA 25 Nov 2018 Conservation and Management Actions that would no longer be applicable with respect to natural resources are: Survey for BLM sensitive species Identify current occupied and potential habitat Identify and implement actions to conserve and improve habitat conditions Seasonal restrictions Soil considerations for toxicity, emergency remediation and erosion control
Conservation and Management Actions that would no longer be applicable with respect to trails and travel management are: Designated routes will be signed and managed in accordance to the local Travel Management Plan, as funding allows Unauthorized routes will be rehabilitated/restored as funding allows Install signs and use barriers to direct vehicle traffic away from sensitive cultural resources Prohibit establishment of new routes near sensitive cultural resources Increase compliance with routes of travel and/or the travel management plan
Conservation and Management Actions that would no longer be applicable with respect to land tenure is: Acquire inholdings, edge holdings and other interests from willing sellers
Conservation and Management Actions that would no longer be applicable with respect to rights of way is: Land use authorization proposals (new, renewal, and amendment) that are analyzed on a case‐by‐case basis to assess whether they are compatible with the ACEC and its management goals
Moreover, BLM will assume that all mitigating measures required by San Bernardino County and the State of California, which seek to protect resources under SMARA and CEQA guidance would be fully implemented. The San Bernardino County staff report to the Planning Commission identified the following key issues that required mitigation:
Aesthetics: To reduce views of mining activities, material shall be kept back from the north facing slopes as much as possible, darker material or colorant shall be used on north-facing slopes, and revegetation shall be implemented as soon as an area is completed.
Air Quality: Dust control measures were included for operations and reclamation activities.
Biological Resources: Mitigation will be included in the Lead Agency-adopted program under the authority of CEQA and SMARA, as stated in the 2015 Amended Mine and Reclamation Plan. This conclusion is a result of the consideration of a complete disposal of BLM lands. If a decision does not offer the entire 70 acres for disposal, a POO with applicable mitigation strategies will be required to manage the lands for current and future mining operation. Mitigation actions for carbonate plant species, desert tortoise, raptors, burrowing owls, pallid San Diego pocket mouse, coast horned lizard, bats, and riparian habitats including oak woodlands will need to be included
OMYA Direct Land Sale EA 26 Nov 2018 in OMYA’s POO for operations on BLM lands, if a complete disposal of public lands does not occur.
Cultural Resources: If any resources are found during activities, a qualified archaeologist shall examine the find and determine the course of action. If fossil-bearing limestone is encountered, a qualified paleontologist shall examine the find and curate any specimens.
Geologic/Soils: Monitoring of the Ruby Springs drainage shall be performed and reported to the permitting agencies. If remedial work is necessary, all applicable permits shall be obtained first.
Hydrology and Water Quality: The sediment control basins shall be improved per the 2011 technical report and shall be inspected regularly and maintained.
A detailed description of the 2015 Amended Mine and Reclamation Plan and all required mitigation is contained in the Project Description section of San Bernardino County’s October 2014 DEIR for the White Knob/White Ridge Limestone Quarry Expansion. The DEIR is available at: http://cms.sbcounty.gov/lus/Mining/MiningEnvironmental.aspx
The proposed planning area contains 70-acres of public lands that are an integral part of the 2015 Amended Mine and Reclamation Plan. The environmental consequences of the expanded quarry operations are summarized below from the DEIR, with additional site specific information on the impacts to the public land proposed for sale. The environmental consequences of the proposed action are generally presented as differences between the Amended Mine and Reclamation Plan approved in 2015, and the no action alternative, which would limit OMYA’s quarry operation to their prior 1986 mining approval from San Bernardino County.
4.1 AIR QUALITY
Alternative A (Proposed Action) Under this alternative, impacts to air quality would be consistent with those described in the Air Quality Section of the DEIR. The emissions from operations under the 2015 Amended Mine and Reclamation Plan (after mitigation) are shown in TABLE 3.2-10 on page 21 of the Air Quality section of the DEIR.
The following information is summarized from the Greenhouse Gas section of the DEIR. Operations under the 2015 Amended Mine and Reclamation Plan would result in a maximum increase of 1,893 MTCO2e per year from operations under the 1986 Plan and would extend for an additional 24 years. Because this increase is below the threshold of 3,000 MTCO2e per year adopted by San Bernardino County, no specific mitigation for GHG emissions is required under the Amended Mine and Reclamation Plan. The OMYA mining operations represents 0.023% of the NOx emissions and 0.085% of the PM10 emissions in the San Bernardino portion of the Mojave Desert Air Basin.
Alternative B (No Action) The DEIR utilized a “No Project” alternative, which would maintain existing approval and have similar air quality impacts to the Proposed Action. This differs from the BLM’s No Action
OMYA Direct Land Sale EA 27 Nov 2018 alternative presented above, which requires remediation of the trespass site. Air quality would not be significantly impacted by the remediation of the trespass site. Moreover, it would be less impactful than continuing to use the site until 2055, which are the current conditions of the 2015 Amended Mine and Reclamation Plan. Nevertheless, the haul road, which creates the majority of air pollution, according to the DEIR, in the form of increased PM10 levels, would continue to be used under Alternative B for existing operations in other project areas. Thus, the environmental effects to air quality would be similar to the effects from Alternative A and C.
Alternative C This alternative would not eliminate any of the three overburden sites within the Proposed Action project area. It would also not remove the haul road, which was found to create the majority of air quality impacts. The environmental effects to air quality would be similar to the effects from Alternative A.
4.2 CULTURAL RESOURCES
Since no historic properties are known to be present either on the public lands proposed for sale, or within the area of potential effect of the 2015 Amended Mine and Reclamation Plan for the White Knob/White Ridge Limestone Quarries, the proposed action and alternatives, would not have direct or indirect impacts to historic resources. Moreover, if historic or prehistoric resources are found, the 2015 Amended Mine and Reclamation Plan provides mitigation for dealing with these discoveries.
4.3 PALEONTOLOGICAL RESOURCES
Since no paleontological resources are known to be present either on the public lands proposed for sale, or within the APE of the 2015 Amended Mine and Reclamation Plan for the White Knob/White Ridge Limestone Quarries, the proposed action and alternatives would not directly or indirectly affect paleontological resources. Furthermore, if paleontological resources are found, the 2015 Amended Mine and Reclamation Plan provides mitigation for dealing with these discoveries. 4.4 BIOLOGICAL RESOURCES
Alternative A (Proposed Action) The proposed sale of public land would remove 70 acres from the 39,291 acre Granite Mountains Wildlife Linkage ACEC. This wildlife linkage ACEC was designated specifically for wildlife habitat connectivity. In addition, this ACEC has a .25% disturbance cap restriction, and this restriction would be removed by a plan amendment taking the project area out of this land use allocation. Approximately 40 acres of the public lands proposed for sale would be directly disturbed under the 2015 Amended Mine and Reclamation Plan for the White Knob/White Ridge Limestone Quarries. Although the 2015 Amended Mine and Reclamation Plan is designed to make the lands suitable for future open space uses and wildlife habitat after termination of quarry operations in 2055, the habitat value for wildlife would be diminished, but would not notably effect the habitat connectivity in this ACEC.
OMYA Direct Land Sale EA 28 Nov 2018
Alternative B (No Action) The No Action alternative would have the least biological resource impacts on this land allocation, because it would require the restoration of the trespass area. The impacts from the haul road right- of-way would still persist under this alternative. Reclamation Phase 1 and Phase 2 activities of five phases have been completed, and according to page 44 in Section 2.3 “Vegetation” of the 2015 Amended Mine and Reclamation Plan there are 300% more plants than were planted 20 years ago with 2 years initial assisted irrigation, and have become self-sustaining. This indicates that impacts to biological plant species have the ability to be restored in the project area, which over time has the potential to attract wildlife back to the reclaimed area.
Alternative C Alternative C would remove 45-acres from the 39,291 acre Granite Mountains Wildlife Linkage ACEC and retains 25-acres in federal ownership to be managed consistent with the management goals and objectives of the ACEC. OMYA would need to submit a mining POO to the BLM for their proposed use of current mill site claims on the 25 acres retained in federal ownership. The SMARA and Amended Mine and Reclamation Plan provide extensive monitoring and mitigation support for the affected acres. A sensitive habitat and desert riparian spring in parcels WK-MS-7 and WK-MS-14, respectively, are affected by the locations of sedimentation basins, toe-ditches and boulder roll-down. There is no indication that the BLM’s management will be more efficacious than OMYA’s current operational strategies. A mining POO is needed to make a more definite conclusion. The DEIR and 2015 Amended Mine and Reclamation Plan state that operation plans provide for ongoing monitoring and maintenance throughout the duration of the project per SMARA and CEQA mining regulations, and Carbonate Habitat Management Strategies.
Proposed Granite Mountain Wildlife Linkage ACEC
As part of the land use amendment, the project site would change land use designations from ACEC (Conservation) to GPL and provide for disposal under FLPMA. This will allow the BLM to eliminate the land trespass while meeting the relevance and importance values of the remainder of the ACEC. Amending the ACEC boundaries and selling these lands to OMYA will likely result in different management as private land under the jurisdiction of San Bernardino County and the State of California. The current management of biological resources in this ACEC is outlined in the CMA Worksheet Appendix to this EA, and those CMAs would not be applicable if the BLM sold this land.
Nevertheless, the most recent biological resources assessment concludes that the OMYA operation at White Knob would not have significant or cumulative impacts, thus the change of area designation from ACEC to GPL would be irrelevant. This section of the Granite Mountain Wildlife Linkage ACEC represents .17% of the total ACEC area. Moreover, the land management actions implemented by the county and state are rigorous and contain many of the best management practices that the BLM also employs. Moreover, the DEIR concludes on page 301, that mining operations have the potential to adversely affect special-status species undisturbed habitat through mortality and habitat loss, but that the perimeter and off-site areas could facilitate wildlife movement, and the areas affected by the project’s operational zones are not located in or near the Deep Creek wildlife corridor, Bear Creek corridor, or Grapevine Creek corridor.
OMYA Direct Land Sale EA 29 Nov 2018
Overall Impacts to plant and animal species
Mining operations under the 2015 Amended Mine and Reclamation Plan would disturb a total of approximately 335.1 acres. This represents an increase of 190.1 acres of expected or allowed disturbance compared to the 1987 White Knob/White Ridge Limestone Mine Site Approval and Reclamation Plan which had an approved quarry area of 145 acres. The direct impacts from the planned mine expansion activities within the Project Area would result in permanent impacts from placement of overburden to approximately 40 acres of habitat (see Figure 8). Impacts to carbonate plant species would be mitigated in accordance with the Carbonate Habitat Management Strategy (CHMS).
Impacts specific to the public lands
Although the Cushenbury Buckwheat (Eriogonum ovalifolium var. vineum), and Parish’s Daisy (Erigeron parishii) were found on the public lands proposed for sale, the BLM has concluded the proposed action may affect, but is not likely to adversely affect these species because they were found outside the areas which would be disturbed under the 2015 Amended Mine and Reclamation Plan (see Figure 7). Moreover, boulder roll-down resulting from mining operations has the potential to adversely affect these and other plant species. OMYA has addressed these issues in the mitigation strategies in the 2015 Amended Mine and Reclamation Plan.
OMYA Direct Land Sale EA 30 Nov 2018 Figure 8 - Biological Resources Indirect Impact Map
Because mining operations under the 2015 Amended Mine and Reclamation Plan would proceed incrementally and continue to 2055, specific future adverse effects to plant and animal species cannot be precisely quantified at this time. According to the 2015 Amended Mine and Reclamation Plan section 2.0 – 2.15, phased, concurrent and final reclamation will colorize and revegetate the roll down slopes, overburden areas, and quarry benches to blend with the natural colored slopes for existing and future disturbance. OMYA intends to begin backfilling of White Knob Quarry and Central Area in 2035.
The 2015 Amended Mine and Reclamation Plan was written as if the public lands had already been sold to OMYA, and as such, many of the mitigation techniques were not designed to be in conformance with CDCA Plan, as amended. In the event that a direct land sale does not occur, OMYA would need to submit a POO that satisfies the applicable federal mining law and CDCA Plan, as amended.
4.5 WATER RESOURCES/DRAINAGE/HYDROLOGY
The environmental consequences of the 2015 Amended Mine and Reclamation Plan for the White Knob/White Ridge Limestone Quarries is summarized here from the Hydrology and Water Quality section 3.7 of the DEIR.
OMYA Direct Land Sale EA 31 Nov 2018 Alternative A (Proposed Action)
The environmental effects under Alternative A for water resources would be mitigated to less than potentially significant as found in the DEIR. The public land proposed for sale contains approximately 3.4 acres of ephemeral stream habitat, as well as three wetland areas around groundwater springs totaling approximately 0.75 acres. The wetland areas are all outside the areas which would be disturbed under the 2015 Amended Mine and Reclamation Plan.
Alternative B (No Action) The No Action Alternative requires remediation of the trespass site which includes a portion of an ephemeral stream (WK-MS-14). The three wetland areas would remain in federal ownership and undisturbed.
Alternative C This alternative retains federal ownership of 25-acres including two wetland areas and portions of ephemeral streams. The 45-acres of public land proposed for sale contains one wetland area. The wetland area is outside the area that would be disturbed under the 2015 Amended Mine and Reclamation Plan.
Under the 2015 Amended Mine and Reclamation Plan annual water use is expected to increase from approximately 2.75 acre-feet to approximately 5 acre-feet.
Future mining under the 2015 Amended Mine and Reclamation Plan would create and/or deepen the pit floors at each quarry. During quarry operations, storm water runoff and sediment would be directed into the mined-out portion of the quarries or into sediment basins located below the quarries.
After reclamation, eight permanent sediment basins would be left in place to continue to trap sediment. Following reclamation, the volume of sedimentation from the mined lands should be near the pre-mining condition because the three quarries and sediment basins would trap runoff and associated sediment and revegetation would slowly bring the mined lands outside of the quarries back to a native condition.
Specifically on the public lands proposed for sale, the planned mine activities would impact approximately 40 undisturbed acres as a result of future overburden stockpile expansion and development and maintenance of sediment control facilities.
4.6 LOCAL PLANNING AND ECONOMIC DEVELOPMENT
The proposed land sale would facilitate the long term operation of the White Knob Quarry through 2055 and would assure that OMYA’s Lucerne Valley processing plant would have the raw limestone resources needed to continue producing existing products, and to respond to future product demand.
OMYA’s operations have added to San Bernardino’s County’s economy for decades including federal, state and local tax payments, property taxes, excise, fuel and other taxes and jobs. OMYA
OMYA Direct Land Sale EA 32 Nov 2018 supports local economies through direct purchases of equipment, materials, supplies, and services, and indirect turnover of these expenditures in the economy.
The limestone mining industry provides stable high paying jobs and professional careers for many people and supports the southern California manufacturing industry. The proposed action would benefit economic development in San Bernardino County.
Alternative A The Proposed Action would continue to support 50+ jobs and $800,000 in annual tax revenues. There are currently no recreational or other activities that generate revenue in the project area, and thus there would be no effects to this type of economic stimulus.
Alternative B The No Action alternative would reduce the number of mining operational jobs and tax revenue for San Bernardino County, and would not allow the implementation of the 2015 Amended Mine and Reclamation Plan. If overburden material was unable to be stored at another location, then this could impact the amount of calcium carbonate that OMYA is able to extract and subsequently would reduce the amount of tax revenue for the county and profits for the company. However, Alternative B would increase a limited number of restoration jobs for the duration of restoration projects to reclaim the area.
Alternative C This alternative would not notably reduce the amount of calcium carbonate being extracted, and thus would have similar economic environmental effects as Alternative A, the Proposed Action. Alternative C would also require revision to the 2015 Amended Mine and Reclamation Plan in the interim until OMYA submitted and BLM processed a mining POO for use of all or a portion of the 25-acres of mill site claims.
4.7 MINERAL RESOURCES
The proposed land sale would facilitate current and expanded mining operations at the White Knob Quarry through 2055 by providing an overburden placement site. Under the Revised Mining Condition Use Permit (CUP) and Reclamation Plan for expansion of the existing White Knob/White Ridge Limestone Quarries, average production of crushed ore sent to the processing plant is expected to be approximately 222,500 tons per year, but could increase to a maximum of 680,000 ton per year, if necessary (see Table 3).
This compares to past production of approximately 275,400 tons per year under the 1986 Plan. The California Department of Conservation classifies the limestone deposits being extracted as MRZ-2 (a significant mineral resource).
The environmental effects would be similar under Alternative A and C for mineral resources, because OMYA would continue to extract calcium carbonate for each action alternative. However, under Alternative B, No Action, OMYA would not be able to implement the 2015 Amended Mine and Reclamation Plan, and would continue to operate under the 1986 Plan, which had an expiration
OMYA Direct Land Sale EA 33 Nov 2018 date of December 31, 2031, as compared to the 2015 Amended Mine and Reclamation Plan, which expires in 2055, assuming there are overburden sites available on non-federal land.
Table 3
4.8 VISUAL RESOURCES
The Lucerne Valley has a long history of mining activity, with numerous mining operations on the north face of the San Bernardino Mountains. Although reclamation in the form of revegetation, covering of exposed areas with darker material, erosion control, and rock staining is required of most mining operations, mining on the north face of the San Bernardino Mountains has resulted in extensive surface disturbance that is highly visible from Lucerne Valley. Additionally, when the White Knob Quarry was originally permitted in 1986, it was recognized that there would be significant visual impacts from the quarry development. Furthermore, a Statement of Overriding Considerations regarding this and the other environmental effects of the White Knob Quarry that could not be mitigated to a level below significance was prepared and accepted by the San Bernardino County Planning Commission.
Impacts to visual resources of the expanded mining operations from three viewpoints are graphically depicted in the aesthetics section of the DEIR. The impacts are shown in a series of photographs comparing current conditions to simulated projections of future changes.
After viewing the figures in aesthetics section within the DEIR, the changes to the scenic landscape caused by expanded mining operations onto the 70 acres proposed for sale to OMYA are unlikely to be discernible to the general public. BLM policy for activities/actions in VRM IV designated public land allows major modification of the existing character of the landscape. The VRM system includes Contrast Rating Worksheet to analyze the effects to the visual resources. Class IV concludes that the objective of this class is to provide for management activities which require major modifications of the existing character of the landscape. These major modifications are
OMYA Direct Land Sale EA 34 Nov 2018 explained in detail in the 2015 Amended Mine and Reclamation Plan, and a full scale reclamation of visual resources would begin in 2055.
Alternative A The Proposed Action (Alternative A) entails the direct land sale of 70 acres of public land to OMYA, which would remove the planning area from VRM Class IV to GPL for disposal, and subsequently the area would become privately owned removing all VRM Class. After a direct sale the VRM objectives would no longer be applicable since the 70-acre parcel is transferred to private ownership.
Alternative B Under the No Action alternative BLM does not authorize a direct sale of public land and requires the restoration of the trespass area consistent with Stipulation #32 of the 2011 Settlement Agreement. This would allow 70-acres of the planning area to remain in VRM Class IV. Over time, a successful reclamation has the potential to improve the visual quality of the area affected by the White Knob Quarry. The broader area would remain heavily impacted by ongoing and expanding mining activities (See Figure 10).
Alternative C Alternative C would keep 25-acres as federal public lands and would remain in VRM Class IV. The remaining 45-acres would go into GPL land allocation, and subsequently no VRM classification once the parcel is transferred to private ownership; therefore, resulting in a loss of all VRM assigned characteristics.
OMYA Direct Land Sale EA 35 Nov 2018 Figure 9 - VRM Before and After Reclamation
OMYA Direct Land Sale EA 36 Nov 2018 4.9 HAZARDOUS/SOLID WASTES
The DEIR concluded the transport, storage, and use of fuels, lubricants, and explosives during mining operations is unlikely to adversely affect public safety. This conclusion includes the planned activities on the public lands.
CHAPTER 5. CONSULTATION & COORDINATION
The BLM published a NOI to prepare an EA and an amendment to the CDCA Plan in the Federal Register on October 4, 2012. The NOI provided for a 30-day public scoping period. No substantive public comments were received.
In 2005, the USFWS issued a Programmatic Biological Opinion (BO) for the CHMS concluding that compliance with the terms of the CHMS would not result in jeopardy to the continued existence of plant species covered under the Carbonate Habitat Management Strategy and would promote the recovery of the species. In July 2016, the BLM received a response concurrence letter from the USFWS, which satisfies Section 7 of the ESA for informal consultation. The haul road was stated to be in conformance with the CHMS and Biological Opinion and that the direct land sale is also in conformance if conservation units remain the same, thus not requiring further consultation.
Tribal consultation actions were taken. There are no tribal lands associated with the proposed action and no tribal concerns have been expressed. The Native American Heritage Commission was contacted on April 16, 2012 for information on the presence or absence of known religious or sacred Native American sites within or near the APE. The Native American Heritage Commission reported that no known sites or resources were known or recorded within the specific project area, but noted that resources were known and recorded for the general area. In addition, a listing of local Native American representatives wishing to consult with respect to projects in the area of southern Lucerne Valley was obtained and letters were mailed to all listed persons on April 24, 2012. At this time, no responses have been received.
Tribes will be contacted again prior to the release of the draft EA and draft LUPA.
This project is within California’s 8th Congressional District, represented by Congressman Paul Cook. Congressman Cook has expressed concern about loss of jobs and revenue in the 8th District if the 70-acre direct land sale is not approved.
CHAPTER 6. LIST OF PREPARERS
List of Preparers (Lilburn Corporation)
Martin Derus Michael Perry Cheryl Tubbs Juan Hernandez Frank Amendola
OMYA Direct Land Sale EA 37 Nov 2018 Lorraine Bueno
List of Preparers (BLM)
Matthew Toedtli, Planning and Environmental Coordinator Julie McGrew, Realty Specialist Thomas Gey, Realty Specialist Jeffery Childers, Assistant Field Manager – Resources Branch Chief Noel Ludwig, Hydrologist Peter Godfrey, Hydrologist Lorenzo Encinas, Natural Resource Specialist James Shearer, Archaeologist Remijio Chavez, Air, Water, Soil, Weed, Range Specialist Birgit Hoover, Realty Specialist Katrina Symons, Field Manager
CHAPTER 7. LIST OF ACRONYMS
Acronyms
ACEC Area of Critical Environmental Concern ACOE Army Corps of Engineers amsl above mean sea level AQMP Air Quality Management Plan BLM Bureau of Land Management BMPs Best Management Practices CAAQS California Ambient Air Quality Standards CARB California Air Resources Board CDCA Plan California Desert Conservation Area Plan of 1980 CDFW California Department of Fish and Wildlife (changed on January 1, 2013) CEQA California Environmental Quality Act CESA California Endangered Species Act CFR Code of Federal Regulations CHMS Carbonate Habitat Management Strategy CNDDB California Natural Diversity Database CNPS California Native Plant Society CO2 carbon dioxide CO2(e) carbon dioxide equivalent County San Bernardino County CRHP California Register of Historic Places DRECP Desert Renewable Energy Conservation Plan EA Environmental Assessment EPA United States Environmental Protection Agency ESA Endangered Species Act of 1973, as amended FLPMA Federal Land Policy and Management Act of 1976 GHG greenhouse gas
OMYA Direct Land Sale EA 38 Nov 2018 HCP Habitat Conservation Plan MBTA Migratory Bird Treaty Act of 1981 MDAQMD Mojave Desert Air Quality Management District NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NHPA National Historic Preservation Act of 1966 NPDES National Pollutant Discharge Elimination System OB-1 Overburden Stockpile - 1 OMR Office of Mine Reclamation POO Plan of Operation PM10 particulate matter with aerodynamic diameter less than 10 microns PM2.5 particulate matter with aerodynamic diameter less than 2.5 microns RACM reasonable available control measures RACT reasonable available control technology ROW right-of-way RWQCB Regional Water Quality Control Board SAA Streambed Alteration Agreement (Section 1602) SHPO State Historic Preservation Office SMARA Surface Mining and Reclamation Act of 1975 (State of California) SWPPP Storm Water Pollution Prevention Plan USFWS United States Fish and Wildlife Service
CHAPTER 8. REFERENCES
“Amended Mine and Reclamation Plan for White Knob Quarry,” OMYA California and Lilburn Corporation, November 2015.
“Carbonate Habitat Management Strategy”, U.S. Forest Service, U.S. Bureau of Land Management, San Bernardino County, Specialty Minerals, OMYA, Mitsubishi Cement Company, California Native Plant Society, and Cushenbury Mine Trust, 2003.
“CEQA and Federal Conformity Guidelines”, MDAQMD, August 2011.
“County of San Bernardino 2007 General Plan as amended”, County of San Bernardino and URS. Corporation, May 2012.
“County of San Bernardino Greenhouse Gas Emissions Reduction Plan”, County of San Bernardino and URS Corporation, September 2011.
“Desert Renewable Energy Conservation Plan”, U.S. Bureau of Land Management, September 2016.
“Draft Environmental Impact Report as amended”, County of San Bernardino and PMC, October 2014.
OMYA Direct Land Sale EA 39 Nov 2018 “Final Environmental Impact Report as amended”, County of San Bernardino and PMC, May 2015.
“Federal Land Management and Policy Act as amended,” U.S. Bureau of Land Management, October 1976.
“Mojave Desert Air Quality Management District Rules and Regulations as amended,” (http://www.mdaqmd.ca.gov/).
OMYA Direct Land Sale EA 40 Nov 2018