Appendix E. Mitigation Measures E-1 Mitigation Measures The following measures should be taken when implementing or performing survey work related to weed management projects. Additional measures for the protection of listed federal and tribal species of concern are available below. General Measures Project Planning Surveys and clearance for cultural resources are required before all surface disturbing activities as outlined in the Programmatic Agreement with the Navajo Nation Historic Preservation Department for this plan. Surveys and clearance for paleontological resources are required before all surface disturbing activities. Ethnographic studies are required for non-ground disturbing treatments that use chemicals to document traditional cultural properties, such as culturally important plants or sites within the treatment area as outlined in the Programmatic Agreement with the Navajo Nation Historic Preservation Department for this plan. Complete all necessary permits and authorizations prior to implementing a project. All project participants will receive training on the use of Personal Protection Equipment (PPE), equipment handling, and safety protocols. Participants will be required to use PPE during herbicide and mechanical (chainsaw, control burn, etc.) applications. If potential habitat for endangered species is present, conduct a habitat assessment by a qualified biologist. If potential habitat is found, the protection measures, including buffers (See Figure E-1 below) established for that species will be applied or additional surveys for the presence of the species will be conducted by a qualified biologist. If the species is present at the site the appropriate species based protection measures will be employed. For all ground-disturbing treatments, as defined by the Programmatic Agreement for this plan, archaeological surveys and ethnographic studies will be conducted by a qualified cultural resource specialist based on the guidelines set forth by the Navajo Nation Historic Preservation Department (See Appendix F). Results of the surveys and studies will be used to properly document and preserve cultural resources and to develop appropriate buffer zones to avoid damage, harm, or loss of culturally important plant communities. Prior to Project Implementation Designate staging areas for projects for cleaning and prep work before and after treatments. These sites will be used for mixing herbicides, refueling equipment and E-2 vehicles, and storage for the duration of the treatment. They will be located in upland sites at least 300ft away from surface water or wellheads. Before treatments adjacent landowners, authorized land users, local authorities, and/or the general public will be notified of treatments, treatment duration, and post-treatment measures to prevent exposure and limit re-infestations. This will be done through posted public notices, radio announcements, and/or chapter meeting announcements. Any combination of these methods may be used to help notify the public. Clearly mark boundaries of treatment sites (such as posting visible flags or signage) before and during treatments. For linear treatments, such as along roads or rights-of-way, signs may be posted at either end of the treatment corridor, or on large vehicles performing the treatments. Sites will be inspected and potential hazards will be removed to ensure safety prior to treatments. If treatment areas are in suspected abandoned uranium mining regions, contact the NNEPA Superfund Program for consultation. No treatments will take place within identified abandoned uranium mining areas. If treatment areas are in suspected abandoned uranium mine areas, contact the Navajo EPA Superfund Program for consultation. Treatments shall not take place in areas with active, reclaimed, or abandoned oil, gas, or construction material mines. During Project Implementation All treatments near drinking water wells will implement a ½ mile buffer to prevent contamination. All other wells (i.e. livestock, abandoned, etc.) shall utilize a 100 ft buffer. Vehicles will use only established roads for accessing project sites. Vehicles will be parked at designed parking areas when treating. Parking areas will be near established roadways. When driving on unpaved roads, vehicles should drive at or below 25 mph to reduce dust. If camping at a site is necessary, project participants will use only identified designated and established campsites, where NNHPD or a qualified archeologist has reviewed and approved. On-site safety briefings will be given prior to any treatments to review required PPE, safety and emergency response measures, and what to do in the case of an injury or emergency. To increase treatment effectiveness and limit the spread of invasive weeds at project sites, treatments will start from the perimeter of the infestation and move inward toward the core, unless specific conditions preclude this approach. E-3 Post Project Implementation Equipment, heavy machinery, and clothing will be inspected and cleaned after treatments for mud, dirt, and plant parts to prevent spread to and from other project sites by the field crew. Cleaning can be through use of water to wash equipment or through the use of compressed air or a gravel track pad to remove plant parts from items. Post-treatment monitoring of project sites will be done to evaluate treatment effectiveness, potential re-infestations or new introductions, and potential impacts to resources. Limit the number of people and trips to sensitive areas for follow-up treatments and/or monitoring. Chemical Treatments Project Planning The Certified Pesticide Applicator on site will develop a Spill Contingency Plan that meets the minimum requirements specified by the BIA to eliminate contamination of water or soil resources in the case of accidental spills. For chemical treatments that do not require the use of dyes, an ethnographic survey of project areas, including a 50ft buffer around the main project area, will be conducted to identify the locations and coverage of culturally important plants. Results of the survey will be reviewed by the Navajo Nation Historic Preservation Department. Prior to Project Implementation All herbicides must be USEPA approved and must be mixed and applied according to label instructions. Water for mixing herbicide and cleaning herbicide equipment will be potable water obtained off-site. For remote sites, a Water Use Permit must be obtained through the local water code to allow use of nearby surface water. An anti-siphon and back-flow preventer device is required to prevent contamination of the water source. Access to treatment sites should be limited based on the -re-entry time outlined on the herbicide label to limit exposure to humans, livestock, and pets. Sites such as rangelands, fenced sites within Community Development Areas, riparian sites, and farmlands may be closed. Do not directly apply herbicides to open water and use only EPA aquatic-approved herbicides in areas adjacent to open water. Each agency shall be responsible for submitting an eNOI for coverage under the EPA’s Regional Pesticide General Permit permit for all herbicide treatments that may impact water quality. The agency will be responsible for submiting all required reports, plans, notifications, and records related to pesticide use. Navajo Nation EPA Pesticide Program and Water Quality Program shall be notified of all updates and modifications eNOI for E-4 each project using pesticide. To determine if coverage under the Pesticide General Permit is needed, use the U.S. EPA’s Permitting Decision Tool here https://www.epa.gov/npdes/pesticide-applications. Store equipment and materials away from riparian areas in upland sites. No herbicide applications shall be conducted within 24 hours of an expected rain event. Absolutely no applications during periods where water flow is within intermittent streams and/or washes. During Project Implementation All herbicides will be used according to the U.S. EPA approved label. Certified Pesticide Applicators must be on site to supervise projects during herbicide treatments. Pesticide Applicators must hold a valid U.S. EPA Certified Pesticide Applicator in Navajo Indian Country card when using U.S. EPA Restricted Use Pesticides. A current list of Restricted Use Pesticides can be found at https://www.epa.gov/pesticide-worker-safety/restricted-use-products-rup-report An emergency spill kit must be present at project sites where herbicide is used to allow for containment, absorption, and disposal of spill materials. Safety Data Sheets (SDS) for herbicides and adjuvants must be accessible at project sites in the event of accidental exposure or spill. Avoid using glyphosate formulations that include R-11®, and either avoid using any formulations with POEA or seek to use the formulation with the lowest amount of POEA available to reduce risks to amphibians. Avoid applying chemicals during times of high wind speeds, high temperature, and low humidity to prevent chemical drift to areas off site. Read the herbicide label for exact conditions. For treatments proposed near open water, the following buffers will be used (Figure E-1): o For aquatic approved herbicides – from daily OHWM to 25 ft. o For non-toxic herbicides – 25 ft from the OHWM o For moderately to highly toxic herbicides – 300ft buffer E-5 Figure E-1. Diagram showing buffers required for herbicides used under the Proposed Alternative. For treatments around culturally important plants, appropriate