Appendix E Regulatory Framework and Regional Background Information West Mojave (Wemo) Route Network Project Supplemental Environmental Impact Statement
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APPENDIX E REGULATORY FRAMEWORK AND REGIONAL BACKGROUND INFORMATION WEST MOJAVE (WEMO) ROUTE NETWORK PROJECT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT Appendix E Regulatory Framework and Regional Background Information E.1 Introduction This appendix summarizes the regulatory framework and regional background information relevant to each resource evaluated in the West Mojave Route Network Project (WMRNP) Supplemental Environmental Impact Statement (SEIS). Resource data that are more location- specific and are used directly in the impact analysis are presented in Chapter 3 of the SEIS. For the comparison of route network alternatives to resources for the impact analysis in Chapter 4 of the SEIS, primary data were collected and compiled into GIS layers. GIS layers used in the analyses and impact evaluations, along with their sources, are listed below. Most of these data are readily available from the source listed. Abandoned Mines (Source: BLM) Active Golden Eagle Nest Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Air Quality (MDAQMD) Alkali Mariposa Lily Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Areas of Critical Environmental Concern (Source: BLM) Bakersfield Cactus Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Barstow Woolly Sunflower Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Bendire’s Thrasher Habitat (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Burrowing Owl Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) California Desert National Conservation Lands (Source: BLM) Charlottes Phacelia Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Clokeys Cryptantha Occurrences (Source: CNDDB) Cultural Resources Information (Source: BLM, generated from County records) Cushenbury Buckwheat Critical Habitat (Source: US Fish and Wildlife Service) Cushenbury Buckwheat Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Cushenbury Milkvetch Critical Habitat (Source: US Fish and Wildlife Service) APPENDIX E-1 WEST MOJAVE (WEMO) ROUTE NETWORK PROJECT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT Cushenbury Milkvetch Occurrences (Source: CNDDB) Cushenbury Oxytheca Critical Habitat (Source: US Fish and Wildlife Service) Dedeckers Clover Occurrences (Source: CNDDB) Desert Bighorn Sheep Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Desert Cymopterus Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Desert Linkages (Source: SC Wildlands) Desert Tortoise Critical Habitat (Source: US Fish and Wildlife Service) Desert Tortoise ACECs (Source: BLM) Fringed Myotis Occurrences (Source: CNDDB) Gray Vireo Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Grazing Allotments (Source: BLM) Guzzlers (Source: Society for Bighorn Sheep) Halls Daisy Occurrences (Source: CNDDB) Kelso Creek Monkeyflower Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Kern Buckwheat Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Lane Mountain Milkvetch Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Lands Managed for Wilderness Characteristics (Source: BLM) Lakes (Source: BLM) Little San Bernardino Mountains Linanthus Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Route Densities (Generated by BLM (Margosian) for this project) Special Recreation Management Areas Boundaries (Source: BLM) Wilderness Areas (Source: BLM) Wilderness Study Areas (Source: BLM) Least Bells Vireo Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: DRECP) LeConte's Thrasher Habitat (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) APPENDIX E-2 WEST MOJAVE (WEMO) ROUTE NETWORK PROJECT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT Mojave Fringe-toed Lizard Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Northern Sagebrush Lizard Occurrences (Source: CNDDB) Pallid Bat Occurrences (Source: CNDDB) Spotted Bat Occurrences (Source: CNDDB) Southwestern Willow Flycatcher Critical Habitat (Source: US Fish and Wildlife Service) Southwestern Willow Flycatcher Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Southwestern Pond Turtle (Source: BLM) Swainson's Hawk Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Western Smallfooted Myotis Occurrences (Source: CNDDB) Western Mastiff Bat Occurrences (Source: CNDDB) Yellowbilled Cuckoo Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Mohave Ground Squirrel Population Centers (Source: California Department of Fish and Wildlife) Mojave Monkeyflower Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Mojave Tarplant Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Ninemile Canyon Phacelia Occurrences (Source: CNDDB) Ninemile Canyon Phacelia Occurrences (Source: BLM) Owens Peak Lomatium Occurrences (Source: CNDDB) Parish’s Daisy Critical Habitat (Source: US Fish and Wildlife Service) Parish’s Daisy Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Parish’s Phacelia Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Red Rock Poppy Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source :2016 DRECP LUPA) Robison Monardella Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Shortjoint Beavertail Cactus Occurrences (Source: CNDDB) APPENDIX E-3 WEST MOJAVE (WEMO) ROUTE NETWORK PROJECT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT Spanish Needle Onion Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) White Margined Beardtongue Occurrences (Source: CNDDB) and Modeled Suitable Habitat (Source: 2016 DRECP LUPA) Unusual Plant Assemblages (Source: BLM) Vegetation (Source: California Department of Fish and Wildlife/2006 DRECP LUPA) National Trails (Recreational and Historical) (Source: BLM) OHV Areas (Source: BLM and DOD) Parking Locations (Source: BLM) Recreation Destinations/Points of Interest (Source: BLM) Rock Collecting Areas (Source: BLM) SRP Routes (Source: BLM) Visual Resources Inventory (Source: Contract to BLM) Range Improvements (Source: BLM) Residences (Source: Vegetation Layer) Sensitive Receptors/Colleges (Source: ESRI) Sensitive Receptors/Health Facilities (Source: ESRI) Sensitive Receptors/Public Schools (Source: ESRI) Sensitive Receptors/Private Schools (Source: ESRI) Slopes (Source: Generated from BLM Contour Lines Data) Soil Wind Erodibility Group (Source: USDA SSURGO) Soil Hydrologic Group (Source: USDA SSURGO) Springs (Source: US Geological Survey) Washes (Source: BLM) In addition to route data, additional field data was collected on the condition of riparian waters and springs, on cultural resources sites, wilderness characteristics, recreational destinations, and MFTL. E.2 Air Resources E.2.1 Air Quality E.2.1.1 Regulatory Framework The following regulatory framework identifies the federal and state agencies in charge of monitoring and controlling mobile and stationary sources of air pollutants and describes measures APPENDIX E-4 WEST MOJAVE (WEMO) ROUTE NETWORK PROJECT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT taken to achieve and maintain healthful air quality in the WEMO planning area. This section summarizes the applicable regulations related to the Proposed Project. Rules and regulations promulgated by the federal, state or local agencies impose limits on emissions from sources of air pollutants. These agencies manage mobile sources of air pollutants and exhaust from off-road vehicles (OHVs) through emission performance standards and fuel formulations requirements. Federal The Environmental Protection Agency (EPA) implements and enforces the requirements of most federal environmental laws. EPA Region 9 administers federal air programs in California. The federal Clean Air Act (CAA) provides the EPA with the legal authority to regulate air pollution from stationary and mobile sources. The EPA has authority over conformity issues with the CAA in areas that do not meet national ambient air quality standards (NAAQS). The EPA has delegated the authority to review to the California Air Resources Board (ARB). The ARB has further delegated this authority to Air Quality Management Districts (AQMDs) and Air Pollution Control Districts (APCDs) established throughout the state. Federal land management agencies also are responsible for conformity issues related to federal activities and projects that federal land managers authorize in conjunction with the AQMDs and APCDs. Federal Clean Air Act (CAA) The CAA, enacted in 1970 and amended in 1977 and 1990 (42 United States Code [U.S.C.] 7401 et seq.), protects and enhances the quality of the nation’s air resources to benefit public health, welfare, and productivity. The CAA regulates certain forms of air pollution under three main categories: criteria pollutants, air toxics, and global warming and ozone-depleting gases. Regulation also covers a more general category of emissions that reduce visibility: regional haze, prevention of significant deterioration (PSD),