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United States Department of the Interior Bureau of Land Management : • UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT FIELD OFFICE • HOLLISTER ENVIRONMENTAL ASSESSMENT I BIOLOGICAL ASSESSMENT DOI-B LM-CA-0900-2009-048-EA Staging Area Restoration DATE INITIATED: June 09, 2009 CONTROL NUMBER: DOI-BLM-CA-0900-2009-048-EA CASE FILEISERIAL NUMBER: NA PROPONENT: BLM PROJECT: Staging Area Restoration LOCATION: Clear Creek Management Area (CCMA) Staging area or Project size campground (acres) Upperiade Mill 2.09 • Loweriade Mill 1.03 SAl 041 ( ) SA 2 0.22 SA3 0.31 SA4 0.75 SA5 0.25 AFFECTED ACREAGE: 5.06 acres total TOTAL 5.06 7.5’ QUADRANGLE: Hepsedam, San Benito Mountain, and Idria LAND STATUS: Public SPECIAL DESIGNATION AREA: Serpentine Area of Critical Environmental Concern (ACEC) AUTHORITY: Federal Land Policy and Management Act of 1976 (FLPMA) LAND USE PLAN CONFORMANCE: The proposed action is subject to and in conformance with the 1984 Record of Decision (ROD) for the Hollister Resource Management Plan (RMP), as amended, and the 2006 ROD for COMA RMP Amendment and Route Designation. Conformance of the proposed action with specific resources condition objectives and management actions approved within these RODs are discussed in Section I (Introduction) of this environmental assessment. DOt-B LM-CA-0900-2009-048-EA 1 ‘1 RELATIONSHIP TO OTHER POLICIES, PLANS, and PROGRAMS The proposed action is in conformance with Executive Order 11644: Executive Order 11644 (Use of Off-Road Vehicles on the Public Lands), February 9, 1972 (87 F.R. 2877), to establish policies and provide for procedures to control and direct the use of Off-Highway Vehicles on Federal lands so as to (1) protect the resources of those lands, (2) promote the safety of all users of those lands, and (3) minimize conflicts among the various uses of those lands. The proposed action also complies with 43 CFR 8342.1, which establishes criteria to consider when the BLM makes route and area designations. The BLM bases designations on the protection of resources of the public lands, the promotion of safety of the users of the public lands, and strives to minimize conflicts among the various users of the public lands. Designations must be in accordance with the following criteria: • Areas and trails shall be located to minimize the damage to soil, watershed, vegetation, air, or other resources of the public lands, and to prevent impairment of wilderness suitability. • Areas and trails shall be located to minimize harassment of wildlife or significant disruption of wildlife habitats, and for the protection of vernal pools, riparian areas, and known and newly discovered occurrences of sensitive and rare plants and communities and related moderate to high potential habitat. Special attention would be given to protect endangered or threatened species and their habitats • Areas and trails shall be located to minimize conflict between OHV use and other existing or proposed recreational uses of the same or neighboring public lands, and to ensure the compatibility of such uses with existing conditions in the area, taking into account noise and other factors. The US Fish and Wildlife Service’s Recovery Plan for Camissonia benitensis (2006) provides guidance and outlines activities that would contribute to recovery of the species. In particular, the recovery action narrative recommends that BLM: 1. Protect known occurrences and suitable habitat for Camissonia benitensis throughout its range in the CCMA. 1.1.3 Close selected terrace sites to camping and OHV use. Stream terrace sites comprise the principal habitat for Camissonia benitensis. In situations where camping and staging activities conflict with species protection, the Bureau should consider available alternatives including site closures. The Bureau should accompany any closures of camping or staging areas with interim signage and construction of vehicle barriers at the closed areas, as needed. Staging areas 1 and 5 in Clear Creek Canyon are a high priority for species protection and should have a high priority for closure because Camissonia benitensis recently colonized those sites. DOI-BLM-CA-0900-2009-048-EA 2 The proposed action is also in conformance with the 1990 Clean Air Act Amendments, and the Comirehensive Environmental ResDonsibilitv & Clean-un Liability Act (CERCLA): Federal regulations under the Clean Air Act specify best management practices to reduce emissions of hazardous air pollutants and toxic air contaminants. Section 112 (b) of the 1990 Clean Air Act Amendments identifies “asbestos” among 189 substances subject to these regulations. CERCLA requires federal agencies to assess alternatives “to determine whether they can adequately protect human health and the environment, in both the short- and long-term, from unacceptable risks posed by hazardous substances, pollutants, or contaminants present at the site by eliminating, reducing, or controlling exposures to levels established during development of remediation goals consistent with Sec. 300.430(e)(2)(i).” Sec. 300.430(e)(2)(i) states, “For known or suspected carcinogens, acceptable exposure levels are generally concentration levels that represent an excess upper bound lifetime cancer risk to an individual of between 10-4 and 10-6 using information on the relationship between dose and response. The 10-6 risk level shall be used as the point of departure for determining remediation goals for alternatives when applicable, relevant and appropriate requirements (ARAR) are not available or are not sufficiently protective because of the presence of multiple contaminants at a site or multiple pathways of exposure.” I. INTRODUCTION The Hollister Resource Management Plan (RMP), adopted in 1984, provides management guidance for the Clear Creek Management Area. The RMP outlined management goals and resource management decisions, and established the 31,000 acre Clear Creek Serpentine Area of Critical Environmental Concern within the 75,000 acre CCMA. The Hollister RMP also called for the preparation of watershed management guidelines or Best Management Practices (BMP5). These measures outlined management practices to control erosion and reduce sediment transport. In 1986, a more detailed activity plan was prepared for the CCMA, to implement decisions adopted in the Hollister RMP and to incorporate the BMPs from the watershed management guidelines. This was the first CCMA Plan Amendment developed to manage a complex ecosystem comprised of sensitive and unique plant communities, a highly erosion-prone watershed, and unique serpentine soils containing naturally occurring asbestos. Other key land management concerns in the development of the 1986 Plan included human health risks from asbestos exposure and recreation use management. From 1986 to 1991, the area was managed for dispersed recreation and rare species and vegetative community protection. Staging and camping areas were constructed, hardened crossings along the Clear Creek road were built, signs and kiosks were installed to inform visitors, and fences and pipe barriers were constructed to protect sensitive resources. However, botanical studies during these years revealed that the status of the federally threatened San Benito evening primrose was continuing to decline. A report on the watersheds of the area showed that non-maintained roads and wet season road use were causing significant erosion problems and were potentially impacting biological resources. Additionally, DOI-BLM-CA-0900-2009-048-EA 3 on-going risk assessments continued to list asbestos as a significant health risk, calling in to question the policy of continuing public recreational use of the area. In 1990, the BLM re- ‘N initiated formal public planning efforts to resolve these issues. In 1995, BLM prepared a Proposed RMP Amendment and Final Environmental Impact Statement (EIS) to re-evaluate CCMA land use decisions within the Hollister RMP (as amended) that existed at the time. The Proposed RMP Amendment and Final EIS incorporated new information about asbestos related health risks which became available in 1992. The Proposed RMP Amendment responded to these new issues and addressed existing public uses within both the CCMA and the Serpentine ACEC. The following issues were identified and addressed in the 1995 CCMA RMP Amendment and Final EIS: 1. airborne asbestos emissions, 2. public health risks associated with asbestos exposure, 3. asbestos sediment production and transport, 4. San Benito evening primrose recovery, 5. watershed and riparian zone management, and 6. existing multiple uses. The 1995 Proposed RMP Amendment was not adopted by BLM until the 1999 Record of Decision (ROD) for the CCMA RMP Amendment was approved. The 1999 ROD identifies the following actions to meet resource conditions objectives: 1. Reduce asbestos exposure and asbestos emissions while still providing opportunities for OHV use. Minimize dust emissions from main roads. Ensure that BLM employees meet all OSHA requirements. 2. Protect existing populations of the San Benito evening primrose and attempt to expand its range to areas that have moderate and high potential habitat for the species. Manage to ensure that sensitive species and communities maintain or enhance their condition. The 1999 ROD lists the following approved management actions to meet resource conditions objectives: To meet Resource Condition Objective (RCO) # 1 (Minimize asbestos exposure): 3. ... BLM will work with interested groups to develop a plan to relocate off-highway-vehicle (OHV) staging areas outside of the ACEC as appropriate, and to encourage
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