HomeMy WebLinkAboutA5978 - BUREAU OF LAND MANAGEMENT°JfCity of Palm Springs
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} Department of Public Works and Engineering
3200 E. Tahquirc Canyon Way • Palm Springs, California 92262
C 4pORA1E0 P Tel: (760) 323-8253 • Pax: (760) 322-8360 • Web: www.ci.pal m-sprin8s,Ca. us
441F0Vt
MEMORANDUM
DATE: ,tune 28, 2010
To: Kathie Hart, Chief Deputy City Clerk
FROM: Marcus Fuller, Asst. Dir. Public Works/Asst. City Engineer U�
SUBJECT: Indian Canyon Drive Right of Way Acquisition U
U.S. Dept. of interior, Bureau of Land Management
Kathie,
This package is acquisition of one parcel of right-of-way in the amount of $0 and one temporary construction
easement in the amount of $0 with United States Department of the Interior, Bureau of Land Management
This Package contains the following documents:
(1) Cover letter dated June 22, 2010
(1) Right -of -Way Grant/Temporary Use Permit (including exhibits)
(1) Right -of -Way GrantlTemporary Use Permit
The City has applied for and received approval of a grant of right-of-way from the BLM for the Indian Canyon
Drive Widening (City Project 01-25). There is no fee for this acquisition. The mitigation measures identified
on Exhibit "C" of the document are taken from the City's environmental document for the project, previously
approved by the City Council.
Please coordinate signatures on the two Right -of -Way Grantdocuments and return to me forfurther processing
with the BLM.
j
Post Office Box 2743 • Palm Springs, California 92263-2743
T FUnited States Department of the Interior 1
BUREAU OF LAND MANAGEMENT
Palm Springs -South Coast Field Office
1201 Bird Center Drive
c Palm Springs, CA 92262-8001 TAKE PRIDE
(760) 833-7100 Fax (760) 833.7199 IMAM ER ICA
JUN 2 �in,n
�.• �A.f
Visit us an the Inwrmt at
www. blm gv v/ca/pabnsprh;p1
In Reply Refer To
2800
CACA-49078
660-68
City of Palm Springs
Marcus Fuller, P.E. P.L.S.
Dept. of Public Works
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92258-1260
Right of Way Grant Offered
Rental and Monitoring Fees Exempt
Enclosed are two copies of an unsigned right—of-way (ROW) grant, for your proposed
widening of Indian Canyon Road, casefile CACA- 49078. Please review the document
and if it meets with your approval, sign and date both copies and return to the address
shown above. Upon our receipt of the signed documents we will issue the ROW grant,
absent any other unresolved issues.
According g to Federal Regulations contained in 43 CFR 2804.16 and 2806.14, you are
exempt from paying cost recovery and rent fees.
Please be aware that you may are not legally carry out any proposed activities on public
lands managed by BLM's right-of-way regulations and cost recovery fees, refer to the
following website: ,1AP,r1vvvvvv.utrII--k4lv,iitlf ,yyna.uii14uJ/,ucmy,,uyvCI:
This decision may be appealed to the Interior Board of Land Appeals, Office of the
Secretary, in accordance with the regulations contained in 43 CFR, Part 4 and the
enclosed Form 1842-1. If an appeal is taken, your notice of appeal must be filed in this
office (at the above address) within 30 days from receipt of this decision. The appellant
has the burden of showing that the decision appealed form is in error.
If you wish to file a petition (request) pursuant to the regulation s 43 CFR 2801.10 or
2881.10 for a stay (suspension) of the effectiveness of this decision during the time that
your appeal is being reviewed by the Board, the petition for a stay must accompany
your notice of appeal. A petition for a stay is required to show sufficient justification
based on the standards listed below. Copies of the notice of appeal and petition for a
stay must also be submitted to each party named in this decision and to the Interior
Board of Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413)
at the same time the original documents are filed with this office. If you request a stay,
you have the burden of proof to demonstrate that a stay should be granted.
If you wish to file a petition (request) pursuant to regulation re CFR 2801.10 or 43 CFR
2881.10 for a stay (suspension) of the effectiveness of this decision during the time that
your appeal is being received by the Board, the petition for a stay must accompany your
notice of appeal. A petition for a stay is required to show sufficient justification based on
the standards listed below. Copies of the notice of appeal and petition for a stay must
also be submitted to each party named in this decision and to the Interior Board of Land
Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same
time the original documents are filed with this office. If you request a stay, you have the
burden of proof to demonstrate that a stay should be granted.
Except as otherwise provided by law or other pertinent regulation, a petition for a stay of
a decision pending appeal shall show sufficient justification based on the following
standards:
(1) The relative hard to the parties if the stay is granted or denied,
(2) The likelihood of the appellant's success on the merits,
(3) The likelihood of immediate and irreparable harm if the stay is not granted,
and
(4) Whether the public interest favors granting the stay.
If you have any questions regarding this ROW grant, please call Della Asuagbor, of my
staff at 760-833-7148.
Sincerely,
6�L- -c:,> ! 1
-5:z,
John R. Kalish
Field Manager
REl'IJQN TO:
CITY
CITY OF PALM SPRINGS
BOX 2743
PALM SPRINGS, CA 92263
Form2800.14 UNITED STATES
(August 1985) DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Issuing Office
Palm Springs Field Office
Serial Number
RIGHT-OF-WAY GRANTITEMPORARY USE PERMIT I Exhibit "C"
L A (nght-of-way) (permit) is hereby granted pursuant to
a. J❑ Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat 2776,
43 U S.C. 1761);
b. ❑ Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185):
c. ❑ Other (describe)
2. Nature of interest
a. By this instrument, the holder City of Palm Springs _—___— receives a
right to construct, operate, maintain, and terminate a public roadway and appurtenances, Including shoulder and drainage structures
on public lands (or Federal land for MLA Rights -of -Way) described as follows
San Bernardino Base Meridian, Riverside County, CA
Township 3 South, Range 4 East, NE1 4 Section 34, as depicted on attached maps (Exhibit A, B and C) and as described in the right of
way application, dated 01/2812010.
An additional temporary rigbt of way for a staging area Is located in section 34 on the southern end of the project, to the west of the
roadway, length is 2635.06' by 21' width. The staging area width increases to 377.79' near Tramview Road. Temporary use
terminates December 31, 2012.
b. The right-of-way or permit area granted herein is see above feet wide, 2635.06 feet long and contains 1.089 acres, more or
less. If a site type facility, the facility contains acres.
This instrument shall terminate on perpetuity years from its effective date unless, prior thereto, it is relinquished,
abandoned, terminated, or modified pursuant to the terms and,conditions of this instrument or of any applicable Federal law or regulation.
This instrument ✓ m not be renewed If renewed, the right-of-wayer ❑ ay ❑may -or permit shall be subject to the regulations existing at the time of renewal and
any other terms and conditions that the authorized officer deems assary-to protect the public interest.
Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandoment, or termination, the provisions of this instrument.
to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations
and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant.
(Continued on page 2)
3. Rental:
For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized
officer unless specifically exempted from such payment by regulation. Provided, however, that the rental maybe adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable
and feasible, in accordance with comparable commercial practices.
4. Terms and Conditions:
a. This grant orpermit is issued subjectto the holder's eomphancewith all applicable regulations contained in Title 43 Code of Federal Regulations parts 2800 and 2880
b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 120 days, or otherwise
disposed of as provided in paragraph (4xd) or as directed by the authorized officer.
c. Each grant issued pursuant to the authority of paragraph (I xa) for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at
dte end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be
reviewed at any time deemed necessary by the authorized officer
d. The stipulations, plans, maps, or designs set forth in Exhibit(s) A - B and C , dated May 13 2010
attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety-
e. Failure of the holder to comply with applicable law or any provision of this right-of-way grantor permit shall constitute grounds for suspension or termination thereof.
f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public.
Exhibit "C" Mitigation Measures
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit
(rtue)
:Signature of Authorized Officer)
(Title)
(Daft) (Effective Date of Grant)
i AS TO FORM, (Form 2800-14, page 2)
ty erk APPROVED BY CITY MANAGER
C!ty�Attor'ey
EXHIBIT "A"
INDIAN CANYON DRIVE
RIGHT-OF-WAY ACQUISITION
APN'S 669-330-015 & 669-330-029
THAT PORTION OF SECTION 34, TOWNSHIP 3 SOUTH. RANGE 4 EAST, SAN BERNARDINO
MERIDIAN. IN THE CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS -
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION;
THENCE ALONG THE EASTERLY LINE OF SAID SECTION S.00019'41"W., 2634.79 FEET TO
THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF TRAMVIEW ROAD, 30.00
FEET HALF WIDTH; THENCE ALONG SAID EASTERLY PROLONGATION NORTH 89°21132'
WEST 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF, SAID
EASTERLY LINE AND THE TRUE POINT OF BEGINNING:
THENCE ALONG SAID NORTHERLY LINE N.89"21'32"W., 59.29 FEET;
THENCE LEAVING SAID NORTHERLY LINE N.45031'19"E., 49.73 FEET TO A LINE THAT IS
PARALLEL WITH. AND 54.00 FEET WESTERLY OF. SAID EASTERLY LINE;
THENCE ALONG SAID PARALLEL LINE N.00� 19'41"E.. 278.74 FEET TO THE BEGINNING OF
A TANGENT 314.00-FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE LEAVING SAID PARALLEL LINE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 11 025'41" AN ARC LENGTH OF 62.63 FEET TO THE
BEGINNING OF A 292.00-FOOT RADIUS REVERSE CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 11"59'57" AN ARC LENGTH OF 61.15 FEET;
THENCE N.00014'35"W., 802.71 FEET TO A LINE PARALLEL WITH, AND 50.00 FEET
WESTERLY OF, SAID EASTERLY LINE;
THENCE ALONG SAID PARALLEL LINE N.00019'41"E., 352.59 FEET;
THENCE LEAVING SAID PARALLEL LINE N.01 °16'59"E., 240.03 FEET TO A LINE THAT IS
PARALLEL WITH, AND 46.00 FEET WESTERLY OF, SAID EASTERLY LINE,
THENCE ALONG SAID PARALLEL LINE N.00°19'41 "E., 802.94 FEET TO THE NORTHERLY
LINE OF SAID SECTION;
THENCE LEAVING SAID PARALLEL LINE ALONG SAID NORTHERLY LINE S.88°49'55"E.,
16.00 FEET TO A LINE THAT IS PARALLEL WITH, AND 30.00 FEET WESTERLY OF SAID
EASTERLY LINE;
THENCE ALONG SAID PARALLEL LINE S.00°19'41"W., 2635.06 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 47,423 SQUARE FEET, 1,089 ACRES, MORE OR LESS
SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
Page 1 of 2
EXHIBIT "A"
INDIAN CANYON DRIVE
RIGHT-OF-WAY ACQUISITION
APN'S 669-330-016 & 669-330-029
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON
THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES
SHOWN BY 1.00002570 TO OBTAIN GROUND LEVEL DISTANCES
MICHAEL A. HAVENER, PLS 7354 DATE
EXP . 12-31-09
Page 2 of 2
EXHIBIT "B"
RIGHT-OF-WAY ACQUISITION
7
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APN 669-330-029
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CAL SUNRISE PKWY.
1 1 NIS 4 4/491-73
EXP. 31 DEC 0Y
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CA1.!
LEGEND
INDICATES RIGHT-OF-WAY TO BE ACQUIRED
AREA = 47,423 SO. FT. (1.089 ACRES)
P.O.C. POINT OF COMMENCEMENT
CA CENTERLINE
CITY OF PALM SPRINGS
PROJECT: INDIAN CANYON DRIVE
APN'S 669-330-029 AND 669-330-015
PREPARED BY: KA
REVIEWED BY: MH
SCALE: NOT TO SCALE
DATE: 7-24-09 ISHEET 1 OF 2
Eo oR. MATCH LINE 50,
S 88'49'55" E SEC. 34 DETAIL A
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Lt"a o i �J7 \ R/W VARIES
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DETAIL B N 45.31'19" E z
49.73'
DETAIL "A"
LEGEND NOT TO SCALE TRAMMEW RD. �'
q-30.00'
INDICATES RIGHT-OF-WAY TO BE ACQUIRED C/L V 59.29' N 89'21'32" W
AREA = 47,423 SO. FT. (1.089 ACRES) N 89 21'32" W
P.O.C. POINT OF COMMENCEMENT DETAIL "B"
T.P.O.B. TRUE POINT OF BEGINNING NOT TO SCALE
CA CENTERLINE CITY OF PALM SPRINGS PREPARED BY: KA
R/W RIGHT-OF-WAY REVIEWED BY: MH
PROJECT: INDIAN CANYON DRIVE SCALE: NOT TO SCALE
APN'S 669-330-029 AND 669-330-015
DATE: 7-24-09 SHEET 2 OF 2
TABULATED CURVE DATA
CURVE
DELTA
RADIUS
LENGTH
Cl
1125'41"
314.00'
62.63'
C2
1 f'59'57"
292.00'
61.15'
EXHIBITS "C" May 12, 2010
Miti ation Measures
Air Quality
AQ 1— Compliance with Regulation XIII under the SCAQMD for all construction sites will
constitute sufficient measures to reduce PM10 impacts to a level that will not substantially
impact air quality.
The following measures from the Coachella Valley SIP Emissions Control Measures are
also required at all construction sites and are incorporated here as minimization measures:
AQ 2 -- All disturbed areas, including storage piles, which are not being actively utilized for
construction purposes, shall be effectively stabilized of dust emissions using water,
SCAQMD approved chemical stab ilizerlsuppressant, covered with a tarp or other suitable
cover or vegetative ground cover.
AQ 3 — All on -site unpaved roads and off -site unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizerlsuppressant.
AQ 4 — All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill,
and demolition activities shall be effectively controlled of fugitive dust emissions utilizing
application of water or by presoaking.
AQ 5 — When materials are transported off -site, all material shall be covered, or effectively
wetted to limit visible dust emissions, and at least six inches of freeboard space from the
top of the container shall be maintained.
AQ 6 — All operations shall limit or expeditiously remove the accumulation of mud or dirt
from adjacent public streets at the end of each workday. The use of dry rotary brushes is
expressly prohibited except where preceded or accompanied by sufficient wetting to limit
the visible dust emissions. Use of blower devices is expressly forbidden.
AQ 7 — Following the addition of materials to, or the removal of materials from, the surface
of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions
utilizing sufficient water or chemical stabilizerlsuppressant.
AQ 8 — Within urban areas, track out shall be immediately removed when it extends 50 or
more feet from the site and at the end of each workday.
Floodplains
No adverse impacts to existing hydrology or the floodplain would occur as a result of the
Build Alternative; therefore no mitigation is proposed.
Threatened and Endangered Animals
The Coachella Valley fringe -toed lizard, burrowing owl, and Palm Springs ground squirrel
are covered species in the Conservation Plan and PBO and appended PBOs, dated
November 7, 2005, and June 22, 2006 (revised July 11, 2006). The PBO includes a
commitment by Caltrans and the USFWS to purchase 726.57 hectares (1,795.4 acres) for
direct and indirect effects for the five interchange and associated arterial projects.
Currently, CVAG has purchased 551.99 hectares (1,364 acres) of mitigation lands. The
551.99 hectares (1,364 acres) purchased to date includes 101.51 hectares (250.84 acres)
of land associated with offsetting direct and indirect effects to the Indian Avenue/1-10
Interchange project and associated arterials, which include the indirect effects area of the
proposed Indian Canyon Drive Widening Project. In addition, CVAG will purchase 37.41
hectares (92.44 acres) within the CVMSHCP Whitewater Floodplain Conservation area
prior to the start of construction for the proposed project. These conservation efforts will
also offset impacts to habitat that could support special status animal species associated
with the Build Alternative.
Minimization measures shall include the following provisions outlined in the Programmatic
Biological Opinion for Five Interchanges and Associated Arterial Improvement Projects
along Interstate 10 and the Tiered Biological Opinion for the Palm Drive/Gene Autry Trail —
Interstate 10 Interchange Improvement Project in Eastern Riverside County California (1-6-
04-F-3282.4; EA: 08-455800) (USFWS 2004):
1. All areas outside of the project footprint will be delineated as Environmentally
Sensitive Areas (ESAs). All parties in conjunction with this operation will strictly avoid
these areas. No construction activities, materials, or equipment will be permitted in
the ESAs. These areas must be placed on the design plans and included in the
construction contract.
ESAs will be designated by erecting protective fencing delineating the project impact
boundary and sensitive habitats. This barrier fencing will be constructed in such a
way as to restrict the movement of reptiles into impacted areas. Fencing material can
vary; however, it should consist of a cloth -like material that can withstand high winds,
sun and heat. This fence should be buried 24-inches below the surface, to prevent
terrestrial species from burrowing underneath, and extend above ground at least 24-
inches.
2. An employee education program will be developed. Each employee (including
temporary, contractors, and subcontractors) will receive a training/awareness
program within two weeks of working on the proposed project. They will be advised
of the potential impact to the listed species and the potential penalties for taking such
species. At a minimum, the program will include the following topics: occurrence of
the listed and sensitive species in the area, their general ecology, sensitivity of the
species to human activities, legal protection afforded these species, penalties for
violations of Federal and State laws, reporting requirements, and project features
designed to reduce the impacts to these species and promote continued successful
occupation of the project area environs. Included in this program will be color photos
of the listed species, which will be shown to the employees. Following the education
program, the photos will be posted in the contractor and resident engineer's office,
where they will remain throughout the duration of the project. The contractor,
Resident Engineer, and Service -approved biological monitor will be responsible for
ensuring that employees are aware of the listed species.
3. The project proponent will designate a Service -approved qualified biologist who will
be responsible for overseeing compliance with protective measures for the listed
species. The biologist will have the authority to halt all associated project activities
that may be in violation of this biological opinion. In such an event, the biologist will
contact the Service within 24 hours.
4. Construction work areas will be delineated and marked clearly in the field prior to
habitat removal, and the marked boundaries maintained and clearly visible to
personnel on foot and by heavy equipment operators. Employees will strictly limit
their activities and vehicles to the proposed project areas, staging areas, and routes
of travel. The project proponent and/or the biological monitor will contact the Service
to verify that the limits of construction have been properly staked and are readily
identifiable.
5. A biologist will monitor construction to ensure that vegetation removal, Best
Management Practices (BMPs), ESA fencing, and all avoidance and minimization
measures are properly constructed and .followed.
6. All equipment maintenance, staging, and dispensing of fuel, oil, or any other such
activities, will occur in designated upland areas. The designated upland areas will be
located in such a manner as to prevent any runoff from entering waters of the United
States, including wetlands.
7. Typical erosion control measures, BMPs, in the vicinity of streams will be employed
in accordance with the conditions in the 401 Water Quality Certification requirements
of the Regional Water Quality Control Board.
8. Use of invasive exotic plant species in landscaped areas adjacent to or near
sensitive vegetation communities will be restricted. In compliance with Executive
Order 13112, impacted areas will be revegetated with plant species native to desert
habitat types and the Coachella Valley, and will avoid the use of species listed in
Lists A & B of the California Exotic Pest Plant Council's list of Exotic Pest Plants of
Greatest Ecological Concern in California as of October 1999.
9. The seed of Coachella Valley milk -vetch will be collected off of plants from within the
boundaries of permanent and temporary impacts from project construction. Seed
collection will occur when the seed is past soft dough and prior to being naturally
dispersed. The top four inches of soil surrounding the milk -vetch plants to be
impacted will be collected and placed in plastic bags. This seed and soil will be
distributed at an area consisting of aeolian habitat immediately following collection.
The location where seed will be dispersed will be coordinated with the Service prior
to collection.
10. All construction equipment will be inspected and cleaned prior to use in the
proposed project footprint to minimize the importation of non-native plant material. All
mulch, topsoil and seed mixes used during post construction landscaping activities
and erosion control BMPs will be free of invasive plant species propagules. A weed
abatement program will be implemented should invasive plant species colonize the
area within the project footprint post -construction.
11. No off -road vehicle activity from construction personnel or other persons affiliated
with the project will occur outside of the project footprint.
12. To reduce attraction of ravens and crows, which may eat fringe -toed lizards, all
trash will be placed in raven -proof containers and promptly removed from the site.
13. No pets or firearms will be permitted inside the project's construction boundaries or
other associated work areas.
14. All sand removal and storage activities will be restricted to the project footprint. No
maintenance activities will be authorized that extend beyond the boundaries of the
project footprint.
15. To the extent possible, no sand removal activities will take place from 1 November -
30 March (to avoid winter dormancy periods for the lizards) or if ambient air
temperature exceeds 102 degrees Fahrenheit (the temperature at which lizard
activity tends to be reduced).
16. Vehicle speeds on unpaved access roads will be restricted to a maximum of 25
MPH.
17. All culverts, bridges, and associated water passage structures will be maintained
such that water and sediment may pass between upstream and downstream
locations and so as not to block the passage of wildlife.
18. Impacts resulting from this project will be offset by implementing the agreements
established in the Conservation Bank Plan Addressing the Direct, Indirect, and
Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects (Plan).
The Plan assesses potential effects and offsetting measures for the proposed
projects. The Plan establishes mitigation ratios at 2:1 for direct impacts of the
interchange and associated arterial improvements covered under this Opinion and
1:1 for indirect impacts. Required offsetting measures will be provided through the
acquisition of land and the final conservation bank agreement. Caltrans and/or
Coachella Valley Association of Governments (CVAG) will set up an endowment
fund for the purpose of managing the proposed conservation bank in perpetuity.
19. Prior to beginning construction, CVAG, Caltrans, and FHWA will purchase and
establish a conservation bank (Bank), as per the Plan; finalize a conservation bank
agreement with the Service and CDFG, and set up the endowment fund for managing
the property in perpetuity. Sufficient land will be purchased for the bank prior to start of
construction for any given project. CVAG, Caltrans, and FHWA will coordinate with the
Service and CDFG to locate and acquire Bank lands. All Bank lands will be approved
by the Service and CDFG prior to purchase to ensure that these conservation lands
benefit the fringetoed lizard and milk -vetch. In addition, CVAG or its designee will be
the manager of all Bank lands.
20. Geotechnical borings in areas with aeolian sand deposits will include the following
measures:
a. No cross country -travel and geotechnical borings will take place from 1 November
- 30 March (to avoid winter dormancy periods for the lizards) or if ambient air
temperature exceeds 102 degrees Fahrenheit (the temperature at which lizard
activity tends to be reduced).
b. When traveling cross-country, a route will be established and followed that
avoids, to the maximum extent practicable, all sand hummocks and dunes.
c. The surface area will be returned to the pre -disturbance state. If sand dunes or
hummocks were impacted, then the surface sand will be placed in a separate pile
and replaced as a dune or hummock.
21. Archaeological surveys in areas with aeolian sand deposits will include the following
measures:
a. The outer perimeter of all survey areas will be delineated and the area within this
perimeter will be calculated and deducted from the Conservation Bank.
b. All work including staging, depositing excavated materials, storing equipment,
etc, will be conducted within the perimeter of the survey area.
Threatened and Endangered Plants
The Coachella Valley milkvetch is a covered species in the Conservation Plan and PBO
and appended PBOs, dated November 7, 2005, and June 22, 2006 (revised July 11,
2006). The PBO includes a commitment by Caltrans and the USFWS to purchase 726.57
hectares (1,795.4 acres) for direct and indirect effects for the five interchange and
associated arterial projects. Currently, CVAG has purchased 551.99 hectares (1,364 acres)
of mitigation lands. The 551.99 hectares (1,364 acres) purchased to date includes 101.51
hectares (250.84 acres) of land associated with offsetting direct and indirect effects to the
Indian Avenue/1-10 Interchange project and associated arterials, which include the indirect
effects area of the proposed Indian Canyon Drive Widening Project. In addition, CVAG will
purchase 37.41 hectares (92.44 acres) within the CVMSHCP Whitewater Floodplain
Conservation area prior to the start of construction for the proposed project. These
conservation efforts will also offset impacts to habitat that could support special status
plant species associated with the Build Alternative.
Minimization measures shall include the provisions outlined in the Programmatic Biological
Opinion for Five Interchanges and Associated Arterial Improvement Projects along
Interstate 10 and the Tiered Biological Opinion for the Palm Drive/Gene Autry Trail —
Interstate 10 Interchange Improvement Project in Eastem Riverside County Califomia (1-6-
04-F-3282.4; EA: 08-455800) (USFWS 2004) as they appear in the Threatened and
Endangered Animals Section above.
Water quality
Under the General Construction Activity National Pollutant Discharge Elimination System
(NPDES) Permit No. CAS000002 Order No. 99-08-DWQ and the Whitewater River
Watershed Storm Water Management Plan (SWMP), the project will be required to prepare
a Storm Water Pollution Prevention Plan (SWPPP) and implement erosion and sediment
control BMPs detailed in the SWPPP during construction activities. If construction BMPs
are properly designed, implemented, and maintained, then adverse water quality impacts
would not occur.
Standard erosion control practices would be implemented to minimize soil erosion during
construction activities. Typical measures utilized during construction include applications
of water or dust palliatives during earthwork activities, fiber rolls for slope stability and
sediment control, temporary construction entrances to prevent sediment tracking on paved
surfaces, gravel bags, temporary concrete washouts for concrete spoils, contour grading,
no work during high wind days, and haul road sealing.
WQ 1 - Prior to and during construction, the City shall comply with the provisions of the
General Construction Activity NPDES Permit, Order No. 99-08-DWQ, the Whitewater River
Watershed SWMP, and the Municipal Code as they relate to construction activities for the
project. This shall include preparation and implementation of an SWPPP. The City shall
follow the procedures outlined in the SWPPP for implementing BMPs for the project. After
completion of construction, all exposed disturbed soil areas will be stabilized prior to
acceptance of the project.
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