EIS Scoping Report
September 24, 2004
Forty-seven days after the Salinas Ramblers requested a copy of the Scoping Report for the EIS, the BLM finally produced one at the Coalinga meeting on September 14th. Read it here first because, as of 9/25/04, the BLM has yet to publish it on their web site.
________________________________________________________________________________________________
Scoping Report
for
Clear Creek Management Area Plan Amendment
&
Environmental Impact Statement
July 2004
Prepared by:
United States Department of the Interior
Bureau of Land Management
Hollister Field Office
20 Hamilton Court
Hollister, CA 95023
SCOPING REPORT
Table of Contents
Executive Summary 3
1.0 Introduction ...5
1.1 Background and Description of the Area ..5
1.2 Purpose and Need ..5
2.0 Description of the Scoping/Public Involvement Process ..6
2.1 Notices ..6
2.2 Public Meetings ...12
2.3 Tribal Coordination ..12
2.4 Cooperating Agencies and Elected Officials ...13
2.5 Written Comments ...13
3.0 Summary of Public Comments 13
3.1 Methodology 13
4.0 Results ..14
4.1 Public Comments .14
4.2 Key Themes and Priorities ...14
5.0 Planning Considerations ..15
5.1 Issues Not Addressed ...15
5.2 Multi-jurisdictional Issues ...15
5.2.1 Public Health Risks Related to Asbestos ...15
5.2.2 Wildlife Migration .16
5.3 Existing Management Decisions to be Carried Forward .16
5.3.1 Off-Highway Vehicle Management ..16
5.3.2 Threatened and Endangered Species .16
5.3.3 Special Designations (ACEC/RNA) ..17
6.0 Draft Planning Criteria .17
7.0 Summary of Future Planning Process ..18
Appendices
Appendix A: Federal Register NOI
Appendix B: Federal Register NOA
Executive Summary
Introduction
The Clear Creek Management Area (CCMA) is located in central California in the southern portion of San Benito County and the western portion of Fresno County. It encompasses approximately 75,000 acres of public land managed by the Bureau of Land Management (BLM) Hollister Field Office. CCMA has been used extensively for Off-Highway Vehicle (OHV) recreation for many years.
The San Benito evening-primrose (Camissonia benitensis) (CABE) is a federally listed threatened plant species which only occurs on public lands, and on nearby private lands, in the Clear Creek Management Area (CCMA). The Endangered Species Act requires that all Federal agencies ensure that management actions do not jeopardize the continued existence of any endangered or threatened species. The only known locations of the San Benito evening-primrose are limited to serpentine-derived alluvial deposits within the vicinity of the CCMA. The Bureau of Land Management (BLM) has, as a priority, the protection of existing populations of the San Benito evening-primrose and attempting to expand its range to areas of suitable habitat. The BLM is committed to managing the CCMA to ensure that sensitive species and communities maintain or enhance their condition. Protection of all CABE populations throughout the Clear Creek Management Area (CCMA) is in accordance to the Biological Opinion (USFWS, 1997) and the BLM CCMA Plan Amendment and FEIS (1995).
The Clear Creek Management Plan Amendment (1995) Record of Decision (ROD 1999) designated CCMA a Limited Use Area for Off-Highway Vehicle (OHV) use and documented approval of the proposed action in the modified Alternative 3. The purpose of a new Draft Plan Amendment would be to carry forward the Limited Use designation for the CCMA. The Limited Use designation requires that vehicle travel be restricted to designated open or limited routes and areas. The Interim designations established with the ROD (1999), allowing vehicle use on existing routes unless signed or physically closed, would be reviewed and finalized in the Draft RMP Amendment and DEIS. Therefore, it is necessary to evaluate routes and areas within the CCMA through a deliberative process involving evaluation criteria and designate routes and areas within the CCMA as Open, Closed or Limited.
Public Involvement Process
In compliance with the CCMA RMP Amendment and FEIS (1995), BLM posted a Notice of Intent to Prepare an Environmental Assessment on the Hollister Field Office webpage (http://www.ca.blm.gov/hollister/news) and in the Federal Register in April 2003.
During the development of the EA/Plan Amendment, BLM determined an emergency closure was necessary to protect sensitive species in the CCMA. In response to the emergency closure notice, BLM received a Notice of Intent to Sue from a network of trail access groups in May 2004. Previous to the NOI from trail access groups, the California Native Plant Society (CNPS) and the Center for Biological Diversity (CBD) also filed a Notice of Intent to Sue BLM that was published on the CNPS website in March 2004. Both NOIs charged BLM with violating the Endangered Species Act.
As a result of the on-going public involvement and high level of controversy involved with the proposed CCMA Plan Amendment, BLM determined that it would be necessary to conduct a complete environmental impact statement, instead of an environmental assessment as previously anticipated. (Notice of Availability, [Federal Register: July 19, 2004 (Volume 69, Number 137)]
Public Scoping Results
During the development of the 1995 Clear Creek Management Plan Amendment, three public scoping meetings were held to identify issues and concerns that would be incorporated into the Draft RMP Amendment and DEIS. Each meeting was well attended due to the strength of off-highway vehicle organizations in the local area and the perception that BLMs goal was to close the area to motorized access. These meetings became polarized from a lack of trust between individual community members and BLM staff. In preparation for the DRMP & DEIS, BLM determined that another round of open-house public meetings for route designation and expansion of the SBMRNA would result in the same scope of issues identified during the 1995 public scoping meetings. However, to foster open communication, a Technical Resources Team (TRT) first assembled in 1995, was re-instated in 2002 to ensure that all the issues and concerns from various internal and external publics would be represented in the Draft RMP Amendment and DEIS for route designation and SBMRNA expansion.
Planning Considerations
Based upon the purpose and need for OHV management in Clear Creek MA and the range of comments received during the initial planning phase for the CCMA environmental assessment, the TRT concluded that the issues to be addressed in the Draft Plan Amendment and Draft Environmental Impact Statement (DEIS) would be:
1.0 Introduction
1.1 Background and Description of Area
The Clear Creek Management Area (CCMA) is located in central California in the southern portion of San Benito County and the western portion of Fresno County. It encompasses approximately 75,000 acres of public land managed by the Bureau of Land Management (BLM) Hollister Field Office. CCMA has been used extensively for Off-Highway Vehicle (OHV) recreation for many years. A variety of other recreation activities also occur within CCMA including, hunting, rock-hounding, wildlife watching, and hiking.
In 1984, 31,000 acres within the CCMA boundary was designated the Serpentine Area of Critical Environmental Concern (ACEC). This designation was based on the health concerns associated with the naturally occurring asbestos within the serpentine soils, and because of the unique vegetation and forest types associated with serpentine soil. The boundaries of the ACEC were defined by mapping of asbestos soils derived from the New Idria serpentine formation. This ACEC is sometimes referred to as the Hazardous Asbestos Area (HAA). Human disturbance to the soils and plants in the Serpentine ACEC is a special management concern, because throughout the ACEC, soil formation tends to be slow and the topsoil shallow.
The San Benito Mountain Research Natural Area falls within the Serpentine ACEC. These areas require special management attention and monitoring, because most of the dispersed recreation occurs within the ACEC boundaries. The heart of the management area is Clear Creek Canyon, which is located approximately 25 miles northwest of the town of Coalinga. Clear Creek runs through Clear Creek Canyon as it descends west from San Benito Mountain, until its confluence with the San Benito River.
In 1972, BLM identified San Benito Mountain as an Outstanding Natural Area, which later became a Research Natural Area (RNA). RNAs are designated for the protection of public lands having natural characteristics that are unusual or that are of scientific or other interest. The SBMRNA was designated because of the unique vegetative communities associated with the serpentine soils. Its primary purpose is to provide research and educational opportunities while maintaining and protecting a unique assemblage of vegetation in as natural condition as possible.
1.2 Purpose and Need of the Clear Creek RMP Amendment
The 1995 Clear Creek RMP Amendment and associated Record of Decision (1999) expanded the SBMRNA from 1,880 acres to approximately 4,082 acres. Secretarial approval of the Clear Creek RMP Amendment and Final EIS (1995) requires BLM to conduct a thorough analysis of the HAA to delineate the boundaries of the expanded Research Natural Area in order to protect habitat for rare and sensitive species.
The San Benito evening-primrose (Camissonia benitensis) (CABE) is a federally listed threatened plant species which only occurs on public lands, and on nearby private lands, in the Clear Creek Management Area (CCMA). The Endangered Species Act requires that all Federal agencies ensure that management actions do not jeopardize the continued existence of any endangered or threatened species. The only known locations of the San Benito evening-primrose are limited to serpentine-derived alluvial deposits within the vicinity of the CCMA. The BLM has, as a priority, the protection of existing populations of the San Benito evening-primrose and attempting to expand its range to areas that have moderate and high potential for the species. The BLM is committed to managing the CCMA to ensure that sensitive species and communities maintain or enhance their condition. Protection of all CABE populations throughout the Clear Creek Management Area (CCMA) is in accordance to the Biological Opinion (USFWS, 1997) and the BLM CCMA Plan Amendment and FEIS (1995).
The Clear Creek Management Plan Amendment (1995) Record of Decision (ROD 1999) designated CCMA a Limited Use Area for Off-Highway Vehicle (OHV) use and documented approval of the proposed action in the modified Alternative 3. The purpose of a new Draft Plan Amendment would be to carry forward the Limited Use designation for the CCMA. The Limited Use designation requires that vehicle travel be restricted to designated open or limited routes and areas. The Interim designations established with the ROD (1999), allowing vehicle use on existing routes unless signed or physically closed, would be reviewed and finalized in the Draft RMP Amendment and DEIS. Therefore, it is necessary to evaluate routes and areas within the CCMA through a deliberative process involving evaluation criteria and designate routes and areas within the CCMA as Open, Closed or Limited.
2.0 Description of the Scoping/Public Involvement Process
BLM has a long history of managing resource conflicts at CCMA. In accordance with the Endangered Species Act and US Fish & Wildlife Service Biological Opinion (1997), BLM issued the following Notice of Proposed Implementation Policy for Emergency Closures on an As Needed Basis for Public Lands Administered by the Hollister Field Office, California in the Federal register in February 2000:
SUMMARY:
In order to facilitate emergency operations and protect resources in the event
of severe seasonal storms and/or natural disasters, the Hollister Field Officer
is hereby serving notice that it will be adopting an emergency closure policy to
be enacted on an as-needed basis when basic criteria are met. The closure will
be invoked or lifted in public media such as Information Hot Lines, Press
Releases, and on-the-ground postings. The lands covered by this emergency
closure policy include all public lands administered by the Hollister Field
Office. Public notices in the media and on recording information will specify
which public lands will be temporarily closed, and will reflect local
conditions. One of the following criteria shall be met: (1) State, County or
Federal road access to the area is closed or restricted to residents and
emergency personnel; (2) BLM or emergency response personnel cannot access
and/or perform their duties in a given location; (3) Roads or trails are
saturated with moisture to the point where vehicle traffic causes ruts or bogs
leading to increased erosion. See attached moisture criteria supplement sheet.
The above policy is intended to allow the BLM flexibility in implementing
emergency closure while also utilizing the most time-effective method of
notifying the public. This will also facilitate management to minimize threats
to public health and safety, as well as the potential for resource damage. Any
time the closure policy is enacted, the following persons will be exempt:
(1) Federal, State, or Local Law Enforcement Officers, while engaged in the
execution of their official duties.
(2) BLM personnel or their representatives while engaged in the execution of
their official duties.
(3) Any member of an organized rescue, fire-fighting force, Emergency
Medical Services organization while in the performance and execution of an
official duty.
(4) Any member of a federal, state, or local public works department while
in the performance of an official duty.
(5) Any person in receipt of a written authorization of exemption obtained
from the Hollister Field Office.
(6) Local landowners, persons with valid existing rights or lease
operations, or representatives thereof, who have a responsibility or need to
access their property or to continue their operations on public land.
EFFECTIVE DATE: This policy will become effective March 6, 2000, and
shall remain in effect until rescinded or modified by the Authorized Officer.
SUPPLEMENTARY INFORMATION: These closures and restrictions are under the
authority of 43 CFR 8364.1 and 43 CFR 8341.2. Persons violating this closure
shall be subject to the penalties provided in 43 CFR 8360.0-7 and 8340.0-7,
including a fine not to exceed $100,000 and/or imprisonment not to exceed 12
months. Parties exempt from the closure action shall be responsible for
mitigating any resource damage caused by entering the closed area. Waivers can
be granted for emergency circumstances, however in the event an emergency is
caused by a negligent action, the responsible party would then be responsible
for the mitigation.
FOR FURTHER INFORMATION CONTACT: Area Manager, Hollister Field Office, 20
Hamilton Court, Hollister, CA 95024, (831) 630-5000.
Dated: January 19, 2000.
Robert E. Beehler, Hollister Field Manager.
Supplemental Soil Moisture Closure Criteria
Clear Creek Management Area
No action would be taken until the annual total precipitation exceeds 8
inches, the rain year would be the same as that used by the national weather
service and rainfall data would be from the California Water Resources Board,
nearest available rain gage. Once 8 inches of precipitation has been exceeded,
the following would apply. Additional rainfall exceeding \1/2\ inch within a 24
hour period, or 1 inch within a 72 hour period would result in a 3 day closure.
Once the area has been closed a field inspection will be completed prior to
reopening, and daily thereafter to determine suitability of road conditions.
When recorded field observations show that road and trail surfaces have not
dried sufficiently to allow traffic without damage to the surface, the area
shall remain closed. Closure criteria may be amended or refined as results of
area closures are evaluated. Specific criteria may be developed for other areas
as needed.
[FR Doc. 00-2513 Filed 2-3-00; 8:45 am]
The proceeding announcement was a precursor to a series of actions for OHV management taken by BLM that included emergency closures and fencing to protect the San Benito evening-primrose (Camissonia Bernetensis). In compliance with the National Environmental Policy Act (NEPA) and the CCMA RMP Amendment and FEIS (1995), BLM posted the following notice on the Hollister Field Office webpage (http://www.ca.blm.gov/hollister/news) in April 2003:
CLEAR CREEK MANAGEMENT AREA ENVIRONMENTAL ASSESSMENT
The Hollister Field Office is preparing an E.A./Plan Amendment that will revise the Hollister Resource Management Plan for the Clear Creek Management Area. Expected completion date of the E.A. is September, 2003. The primary purpose of the E.A./Plan Amendment is to implement the limited use designation within the CCMA. The E.A. will address route, trail and barren play area designation, and the boundary expansion of the San Benito Mountain Research Natural Area. The E.A./Plan Amendment will be posted on the Clear Creek Management Area web site for public review and comment.
A Notice of Intent also appeared in the Federal Register on April 29, 2003:
Notice of Intent To Prepare an Amendment to the Hollister Resource Management Plan for the Clear Creek Management Area in the Southern Portion of San Benito County and Western Fresno County, CA
ACTION: Notice of intent to prepare an amendment to the Hollister Resource Management Plan (RMP) for the Clear Creek Management Area in the southern portion of San Benito County and western Fresno County, CA.
SUMMARY: Pursuant to 43 CFR 1610.2(c), notice is hereby given that the Bureau of Land Management proposes to prepare an Environmental Assessment (EA) that will revise the Clear Creek Management Area Plan, and analyze the effects of amending the Hollister RMP for the Clear Creek Management Area, as amended, 1999. The proposed amendment will establish or revise designations of areas and trails for off-road vehicles (ORV) in accordance with 43 CFR subpart 8342, and delineate the boundaries of the expansion of the San Benito Mountain Research Natural Area. The proposals will pertain to public lands addressed by the Clear Creek Management Area RMP Amendment in the Clear Creek Management Area of southern San Benito County and western Fresno County, California. The plan amendment will fulfill the needs and obligations set forth by the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and BLM management policies. The BLM will work collaboratively with interested parties to identify the management decisions that are best suited to local, regional, and national needs and concerns. The public scoping process will identify planning issues and develop planning criteria, including an evaluation of the existing RMP in the context of the needs and interests of the public.
DATES: Comments on issues and planning criteria can be submitted in writing to the address listed below. All public meetings will be announced at least 15 days prior to the event.
ADDRESSES: Comments should be sent to Robert Beehler, Field Manager, Bureau of Land Management, Hollister Field Office, 20 Hamilton Court, Hollister, CA 95023. Documents pertinent to this proposal may be examined at the Hollister Field Office at the address listed above. Comments, including names and addresses of respondents, will be available for public review at the Hollister Field Office during normal
working hours (7:30 a.m. to 4 p.m., except holidays), and may be published as part of the EA or other related documents. Individuals may request confidentiality. If you wish to withhold your name or address
from public review or from disclosure under the Freedom of Information Act, you must state this promptly at the beginning of you comment. Such requests will be honored to the extent allowed by law. All submissions from organizations or businesses will be made available for public inspection in their entirety.
FOR FURTHER INFORMATION CONTACT: George E. Hill, Assistant Field Manager, at the above address, telephone number (831) 630-5036, or e-mail: George_Hill@ca.blm.gov.
SUPPLEMENTARY INFORMATION: Public input from previous public meetings and written comments in response to previous designations efforts will be used to define issues. Preliminary issues identified include:
Providing for off-highway vehicle use; providing vehicle access for other casual uses; visitor safety; providing protection for listed and sensitive species and habitats; protection and viability of the unique
forest and vegetation communities within the San Benito Mountain Research Natural Area. Planning criteria will include honoring valid existing rights. The amendments will be consistent with officially
approved resource related plans, policies and programs of other Federal agencies, and State and local governments, so long as the guidance and plans are consistent with the purposes, policies and programs of
Federal laws and regulations applicable to public lands. The proposed route of travel and barrens designation changes to the Hollister RMP for the Clear Creek Management Area, including designation of the boundaries of the San Benito Mountain Research Natural Area, requires a formal plan amendment before the designations can be implemented. The amendment process and ORV trail designations shall be conducted in compliance with the Federal Land Policy Management Act of 1976 (FLPMA), planning regulations (43 CFR 1600), ORV trail designation regulations (43 CFR 8340), BLM manual guidance, and all applicable Federal laws affecting BLM land use decisions and ORV designations. The Bureau intends to rely largely on route inventory data, soil loss surveys, information obtained from coordination with other
federal, state, and local agencies, consultation with the Technical Review Team, and public comments.
[FR Doc. 03-10438 Filed 4-28-03; 8:45 am]
Appendix A also contains a copy of the Federal Register Notice of Intent.
During the development of the EA/Plan Amendment, BLM determined an emergency closure was necessary to protect sensitive species in the Clear Creek MA and the Hollister Field Office published the following news release on November 26, 2003:
BLM Implements Emergency Closure to Protect Threatened Plant in the Clear Creek Management Area
The Bureau of Land Management (BLM) is implementing an emergency closure on five acres of public lands in what is known as the Larious Tributary Terrace in the Clear Creek Management Area in eastern San Benito County to protect the San Benito evening primrose, a plant species listed as threatened under the Endangered Species Act, and other sensitive habitat.
Vehicle travel is prohibited in the affected areas. Fire, emergency, or law enforcement personnel when engaged in emergency or patrol activities and persons or uses expressly authorized by BLM are exempt from the emergency closure.
Bob Beehler, BLM's Hollister Field Manager, said the emergency closure is necessary because of continued damage by OHV use of this area to the listed plants and riparian (streamside) habitats. The damage has exceeded thresholds identified by the BLM and the U.S. Fish and Wildlife Service as part of the required consultations under the Endangered Species Act.
Beehler said a fence is currently under construction surrounding the closure area and warning signs and notices are being posted in the area notifying the public that continued unauthorized OHV incursions into the sensitive habitat may result in further closures in the 50,000-acre Clear Creek Management Area to vehicular travel.
The closed area is about 30 miles northeast of King City. A map of the closure area is available on-line at http://www.ca.blm.gov/news/pdfs/2003other/lariousclosure.pdf (also from www.ca.blm.gov/hollister) and at the Hollister BLM Field Office, 20 Hamilton Court, Hollister, CA 95023.
Authority for this emergency closure is in 43 Code of Federal Regulations 8341.2 (a) which states: "where off-road vehicles are causing or will cause considerable adverse effects upon threatened or endangered species or other resources, the authorized officer shall immediately close the areas affected to the type(s) of vehicle causing the adverse effect until the adverse effects are eliminated and measures implemented to prevent recurrence." The closure will remain in effect until further notice or until the likelihood of further damage is reduced.
In response to the emergency closure notice, BLM received a Notice of Intent to Sue from a network of trail access groups that became public information through various articles on-line and in local newspapers throughout the western United States in May 2004:
TRAIL ACCESS GROUPS FILE NOTICE OF INTENT TO SUE AT BLM RECREATION SITE
POCATELLO, ID - Local, state, and national trail access groups filed a 60 day Notice of Intent (NOI) to Sue for violations of the Endangered Species Act at the 50,000 acre Clear Creek Management Area (CCMA). They charge the Bureau of Land Management (BLM) with failure to actively and adequately manage off-highway vehicle use at this popular site located about 3 hours south of San Jose, California.
Groups filing the charge include; Salinas Ramblers Motorcycle Club, American Motorcyclist Association District 36, California Association of 4 Wheel Drive Clubs, California Off-Road Vehicle Association, and the Blue Ribbon Coalition.
Bill Dart, executive director for the Blue Ribbon Coalition, said, "The notifying organizations support responsible recreational use of public lands, and believe that ongoing vehicle access and sensitive species protection need not be mutually exclusive management goals at the CCMA."
"Unfortunately, BLM has failed to actively or adequately implement its own management goals at the Area, unlawfully subjecting vehicle-based recreationists to further and unwarranted restrictions," Dart concludes.
Paul Turcke, counsel for the Blue Ribbon Legal Defense Fund, states, "I believe these groups have historically demonstrated they want to work with the BLM to better manage the site. This NOI hopefully will inspire the agency to immediate management activity that will fully implement the governing plans already in place."
# # #
The Blue Ribbon Coalition is a national non-profit recreation and trail-access group that champions stewardship and responsible use of public and private lands. It represents over 1,110 organizations and businesses with approximately 600,000 members.
Previous to the NOI from trail access groups, the California Native Plant Society (CNPS) and the Center for Biological Diversity (CBD) also filed a Notice of Intent to Sue BLM that was published on the CNPS website in March 2004:
The California Native Plant Society (CNPS) and the Center for Biological Diversity (CBD) today filed a Notice Of Intent to Sue the Bureau of Land Management (BLM) to seek compliance with federal laws governing management and conservation of the San Benito Evening Primrose and its habitat in the Clear Creek Management Area (CCMA) administered by the BLM. The CCMA is located at the border of San Benito and Fresno Counties in central California.
The San Benito Evening Primrose (Camissonia benitensis) was listed as a threatened species by the U.S. Fish and Wildlife Service (FWS) on February 12, 1985. The Primrose lives only on the asbestos-rich serpentine soils found in the CCMA. Seven other rare plants in the CCMA are also federally recognized as highly imperiled "special status" species. Because of the CCMA's diverse, rare and exceptional flora, the CNPS has been working to improve management of the area for over 15 years.
The FWS identified off road vehicle (ORV) use as the principle threat to the Primrose and its habitat when the plant was listed in 1985. However, the BLM proposed no measures to reduce ORV damage until 1998; and to date, few measures have actually been implemented. Instead, ORV use has greatly proliferated. Currently 900-1200 miles of ORV routes crisscross the CCMA, 3-4 times the 1998 level. ORV use of and damage to the CCMA's fragile serpentine barrens has also expanded exponentially.
"ORV use is out of control on the CCMA, as it is on millions of acres of BLM lands in California.", said Daniel R. Patterson, Ecologist with the Center for Biological Diversity. "Under the Bush Administration, the BLM has aggressively expanded ORV use on public lands in the U.S. In the CCMA, the BLM does not even know how many miles of routes or acres of barrens are being used. We only know that use is intense, escalating, and destructive."
"We have done everything BLM and the ORV riders have asked - commented on management plans, participated in public oversight committees, and met extensively with ORV rider groups. Meanwhile, damage to the area - the only place in the world where this Primrose lives- has only escalated." said Brian LeNeve, Vice President of the Monterey Chapter of CNPS. "After almost 2 decades of waiting, we have been forced to take action to ensure protection of this unique habitat and the species that depend on it."
LeNeve continued, "This March, the BLM allowed motorcycle races whose routes went right through areas the BLM itself has scheduled for closure to protect the Primrose. If this kind of destructive activity is still allowed, almost 20 years after the plant was listed, we have no choice but to ask the courts to enforce the law."
CNPS and CBD also noted that the CCMA includes a wilderness study area (WSA) and a Research Natural Area (RNA), established to study and conserve the area's asbestos-rich serpentine soils and the special plants that depend on them. Both WSAs and RNA's require protection under BLM rules. Serpentine soils are chemically unusual. Only a few types of plants have adapted to them. Because serpentine areas are so rich in rare plants and animals, scientists, agencies, and environmentalists all identify them as high priority conservation areas.
"This area is special for many reasons," said Emily Roberson, CNPS Senior Policy Analyst, "and the scale of the damage caused by the basically unregulated ORV use defies description. This activity harms fragile serpentine habitats, destroys rare plants, creates noise and sediment, and generates clouds of potentially toxic asbestos dust, dramatically lessening the area's value for our members and other hikers, hunters, and wildflower watchers. These are public lands and the ORV users need to share them with the rest of the public."
The groups stressed that the Notice of Intent to Sue does not oblige the parties to actually file a lawsuit. The Notice simply allows a lawsuit to be filed after 60 days, if management of the area does not improve. "We still hope to avoid litigation", said Roberson", but we have to make sure that damage to this area stops."
As a result of the on-going public involvement and high level of controversy involved with the proposed CCMA route designation and SBMRNA expanded boundaries, BLM determined that it would be necessary to conduct a complete environmental impact statement, instead of an environmental assessment as previously anticipated. BLM issued a Notice of Availability (NOA) on July 19, 2004 that contained a correction to the original Notice of Intent (NOI) to formalize this decision. Appendix B contains a copy of the NOA.
2.2 Public Meetings
During the development of the 1995 Clear Creek Management Plan Amendment, three public scoping meetings were held to identify issues and concerns that would be incorporated into the Draft RMP Amendment and DEIS. The 1995 scoping meetings were held in San Jose, Salinas, and Hollister. Each meeting was well attended due to the strength of off-highway vehicle organizations in the local area and the perception that BLMs goal was to close the area to motorized access. These meetings became polarized from a lack of trust between individual community members and BLM staff. Most of the comments received were in favor of maximizing vehicular access and reflected general dissatisfaction with implementation strategies to protect sensitive habitats and the lack of public involvement in the BLM decision-making process.
In preparation for the DRMP & DEIS, BLM determined that another round of open-house public meetings for route designation and expansion of the SBMRNA would result in the same scope of issues identified during the 1995 public scoping meetings. However, to foster open communication, a Technical Resources Team (TRT) assembled in 1995 continued to meet through September of 2003, to ensure that all the issues and concerns from various internal and external publics would be represented in the Draft RMP Amendment and DEIS. The TRT met quarterly to discuss OHV Grants and the development of the Draft RMP Amendment & DEIS. TRT members and attendance varied over time, but generally was comprised of representatives from BLM, the Central California Resource Advisory Council (RAC), US Fish & Wildlife Service, California State Parks, the Regional Water Quality Control Board, the Air Pollution Control Board, the Department of Toxic Substances Control, California Department of Fish & Game, OHV organizations (American Motorcyclists Association, Blue Ribbon Coalition, Salinas Ramblers, etc.), environmental organizations (CNPS, Sierra Club, Ventana Wilderness Alliance), and remained open to the public.
2.3 Tribal Coordination
BLM is required to coordinate with federally recognized Native American tribes for any actions that may affect culturally sensitive artifacts or sites. The Santa Rosa Rancheria is the only federally recognized tribe in the Hollister Resource Area. Representatives from the Santa Rosa Rancheria were contacted by BLM on actions in CCMA and met with approval, citing the provisions in the 1995 CCMA Plan Amendment that would require BLM to take immediate protective measures if cultural artifacts are discovered in CCMA in the future.
2.4 Cooperating Agencies and Elected Officials
BLM notified several agencies in the early stages of development for Clear Creek route designation and SBMRNA expansion. These include, California State Parks (OHV Commission), Department of Fish and Game (DFG), Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (RWQCB), Air Pollution Control District (APCD), and US Fish and Wildlife Service (FWS). BLM received comments from DTSC in regard to the ROD (1999), which required BLM to implement strategies to minimize human health risks related to asbestos. The US Environmental Protection Agency (EPA) will be contracting for a new Clear Creek Asbestos Risk Assessment in 2004. This project will be very similar to BLM's 1992 PTI report, with the exception of using a higher resolution magnification to identify the smaller asbestos fibers, and determine which fibers are either chrysotile or tremolite. In addition, EPA will be determining the risk to children from asbestos exposure in the Clear Creek Management Area.
BLM also notified elected officials in regard to CCMA route designation and SBMRNA expansion through personal briefings, phone calls, and letters describing the management situation. These included US Senators Barbara Boxer and Diane Feinstein, and US Congressman Sam Farr. County officials were also notified of the planning process, but no comments were received to be incorporated into this Report.
2.5 Written Comments
Following the release of the Notice of Intent to prepare an environmental assessment for route designation and SBMRNA expansion in the Federal Register in April 2003, BLM sent a letter inviting public input to CCMA stakeholders and members of the TRT. An official comment period of thirty (30) days followed the release of the NOI from April 29, 2003 to May 28, 2003. Language included in the NOI also stated that the comment period would remain open throughout the development of the CCMA route designation and SBMRNA expansion alternatives. This language became increasingly important due to the projects change from an environmental assessment (EA) to an environmental impact statement (EIS).
3.0 Summary of Public Comments
3.1 Methodology
This report summarizes the comments received in response to the Notice of Intent to prepare an environmental assessment for route designation and SBMRNA expansion, as well as the comments gathered during Technical Resource Team meetings. In the following pages, comments or points refer to a discrete statement or portion of a letter, email, or discussion pertaining to a specific issue. Generally, each letter, email, or discussion contained many different points; each one is considered in its entirety, but comments were then broken down into categories for presentation in this report.
The intent of this report is to provide a view of the range of comments received during the scoping process. In the case where the numbers of comments received are listed, these numbers were not used to constitute a vote. BLM considers all comments in the planning process, even if only made by a few people or one individual, provided the comment is relevant (i.e., substantive and within the scope of issues BLM can address in the Draft RMP Amendment and DEIS).
4.0 Results
4.1 Public Comments
BLM received approximately 179 letters from various members of the public and other agencies. One-hundred and sixty-three (163) of these letters were form letters distributed by the Blue Ribbon Coalition stating their concerns of illegal closure of existing trails and open play areas, lack of public participation in analysis and decisions to close available routes, and potentially significant changes to Clear Creek Management Plan that would require a new EIS rather than an EA.
The remaining sixteen (16) letters represented a variety of issues and concerns from local residents, Clear Creek MA visitors, state agencies, and environmental and OHV groups. These concerns were categorized by key themes and are presented in Section 4.2.
4.2 Key Themes and Priorities
(Note: All comments will receive equal consideration in preparing the DRMP & DEIS.)
5.0 Planning Considerations
5.1 Issues Not Addressed
The Draft Plan Amendment and DEIS will be tiered to the environmental analysis conducted in the Clear Creek Management Area Plan Amendment and Final Environmental Impact Statement (1995). Other planning issues for CCMA such as camping, hunting, hobby gem/mineral collection, hiking, backpacking, camping, hang gliding, geocaching, nature study, and wildlife viewing will not be part of this Plan Amendment and will be addressed in a separate planning effort that will update the Hollister Resource Management Plan and is expected to begin Fall 2004.
5.2 Multi-Jurisdictional Issues
The issues identified below are beyond the BLMs management authority to fully implement, but will be incorporated into the Clear Creek Management Plan once studies are complete and/or information becomes available on the affected resource programs. If changes are necessary, they will also be included in the Hollister RMP Amendment, expected to begin Fall 2004.
5.2.1 Public Health Risks Related to Asbestos Exposure
As noted in a June 20, 2003 letter from the California Department of Toxic Substances Control, EPA issued a Record of Decision (ROD) for the Atlas Asbestos Operable Unit of the Atlas Asbestos Mine Superfund Site on February 14, 1991. This document included four distinct geographical areas including the Clear Creek Management Area (CCMA). As the BLM was actively involved in the management of CCMA, EPA postponed any decision on further action under the Comprehensive Environmental Response and Compensation Liability Act (CERCLA). According to the EPA ROD, BLM was to revise its land use plan for CCMA to minimize airborne asbestos emissions and the threat of exposure to public health.
EPA will be contracting for a new Clear Creek Asbestos Risk Assessment in 2004. This project will be very similar to BLM's 1992 PTI report, with the exception of using a higher resolution magnification to identify the smaller asbestos fibers, and determine which fibers are either chrysotile or tremolite. In addition, EPA will be determining the risk to children from asbestos exposure in the Clear Creek Management Area. The anticipated time-frame for this project is late Summer/Fall 2004.
5.2.2 Wildlife Migration (California Condor)
The California Department of Fish & Game and the US Fish & Wildlife Service have jurisdiction over wildlife in CCMA, while BLM manages habitat. BLM will work with these agencies to determine if suitable habitat exists and/or if it is discovered that species of special interest inhabit CCMA. In the event that nesting of California Condors should occur, BLM will notify the appropriate agency personnel and implement best management practices for the protection of sensitive species.
5.3 Existing Management Decisions to be Carried Forward
5.3.1 Off-Highway Vehicle Management
The Clear Creek Management Plan Amendment (1995) Record of Decision (1999) designated CCMA a Limited Use Area for Off-Highway Vehicle (OHV) use and documented approval of the proposed action in the modified Alternative 3. The purpose of a Draft Plan Amendment would be to carry forward the Limited Use designation for the CCMA. The Limited Use designation requires that vehicle travel be restricted to designated open or limited routes and areas.
5.3.2 Threatened and Endangered Species
In accordance with the Endangered Species Act, BLM has, as a priority, the protection of existing populations of the San Benito evening-primrose and attempting to expand its range to areas that have moderate and high potential for the species. The BLM is committed to managing the CCMA to ensure that sensitive species and communities maintain or enhance their condition. Protection of all CABE populations throughout the Clear Creek Management Area (CCMA) is in accordance to the Biological Opinion (USFWS, 1997) and the BLM CCMA Plan Amendment and FEIS (1996).
5.3.3 Special Designations (ACEC/RNA)
The 1995 Clear Creek RMP Amendment and its associated Record of Decision (1999) expanded the SBMRNA from 1,880 acres to approximately 4,082 acres. Secretarial approval of the Clear Creek RMP Amendment and Final EIS Record of Decision (1999) requires BLM to conduct a thorough analysis of the HAA to delineate the boundaries of the expanded Research Natural Area in order to protect the associated values of the SBMRNA.
6.0 Draft Planning Criteria
The following draft planning criteria are intended to help guide the evaluation of alternatives and decisions in the Clear Creek RMP Amendment and DEIS. These criteria are based on input from BLM specialists, the Technical Review Team, and public input.
7.0 Summary of Future Steps in the Planning Process
Although BLM welcomes input at any time during the planning process, the next official public comment period will be open upon publication of the Clear Creek Draft RMP and Draft EIS, which is anticipated to be in Summer 2004. The draft document will be distributed to elected officials, regulatory agencies, members of the public, and will be available on-line at the Hollister Field Office website: http://www.ca.blm.gov/hollister.
A Notice of Availability (NOA) will be published in the Federal Register and a ninety (90) day public comment period will follow. Public comment meetings will be held during the 90-day period.
At the conclusion of the public comment period, the Draft RMP Amendment and DEIS will be revised accordingly. BLM will then prepare a Proposed RMP and Final EIS. The availability of the Proposed RMP and Final EIS will be announced in the Federal Register, and a thirty (30) day public protest period will follow.
At the conclusion of the public protest period, the Proposed RMP will again be revised and the Final Management Plan Amendment and Record of Decision (ROD) will be published. A NOA for the ROD will be announced in the Federal Register.
APPENDIX A
[Federal Register: April 29, 2003 (Volume 68, Number 82)]
[Notices]
[Page 22733]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap03-117]
[[Page 22733]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Notice of Intent To Prepare an Amendment to the Hollister
Resource Management Plan for the Clear Creek Management Area in the
Southern Portion of San Benito County and Western Fresno County, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent to prepare an amendment to the Hollister
Resource Management Plan (RMP) for the Clear Creek Management Area in
the southern portion of San Benito County and western Fresno County,
CA.
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SUMMARY: Pursuant to 43 CFR 1610.2(c), notice is hereby given that the
Bureau of Land Management proposes to prepare an Environmental
Assessment (EA) that will revise the Clear Creek Management Area Plan,
and analyze the effects of amending the Hollister RMP for the Clear
Creek Management Area, as amended, 1999. The proposed amendment will
establish or revise designations of areas and trails for off-road
vehicles (ORV) in accordance with 43 CFR subpart 8342, and delineate
the boundaries of the expansion of the San Benito Mountain Research
Natural Area. The proposals will pertain to public lands addressed by
the Clear Creek Management Area RMP Amendment in the Clear Creek
Management Area of southern San Benito County and western Fresno
County, California. The plan amendment will fulfill the needs and
obligations set forth by the National Environmental Policy Act (NEPA),
the Federal Land Policy and Management Act (FLPMA), and BLM management
policies. The BLM will work collaboratively with interested parties to
identify the management decisions that are best suited to local,
regional, and national needs and concerns. The public scoping process
will identify planning issues and develop planning criteria, including
an evaluation of the existing RMP in the context of the needs and
interests of the public.
DATES: Comments on issues and planning criteria can be submitted in
writing to the address listed below. All public meetings will be
announced at least 15 days prior to the event.
ADDRESSES: Comments should be sent to Robert Beehler, Field Manager,
Bureau of Land Management, Hollister Field Office, 20 Hamilton Court,
Hollister, CA 95023. Documents pertinent to this proposal may be
examined at the Hollister Field Office at the address listed above.
Comments, including names and addresses of respondents, will be
available for public review at the Hollister Field Office during normal
working hours (7:30 a.m. to 4 p.m., except holidays), and may be
published as part of the EA or other related documents. Individuals may
request confidentiality. If you wish to withhold your name or address
from public review or from disclosure under the Freedom of Information
Act, you must state this promptly at the beginning of you comment. Such
requests will be honored to the extent allowed by law. All submissions
from organizations or businesses will be made available for public
inspection in their entirety.
FOR FURTHER INFORMATION CONTACT: George E. Hill, Assistant Field
Manager, at the above address, telephone number (831) 630-5036, or e-
mail: George_Hill@ca.blm.gov.
SUPPLEMENTARY INFORMATION: Public input from previous public meetings
and written comments in response to previous designations efforts will
be used to define issues. Preliminary issues identified include:
Providing for off-highway vehicle use; providing vehicle access for
other casual uses; visitor safety; providing protection for listed and
sensitive species and habitats; protection and viability of the unique
forest and vegetation communities within the San Benito Mountain
Research Natural Area. Planning criteria will include honoring valid
existing rights. The amendments will be consistent with officially
approved resource related plans, policies and programs of other Federal
agencies, and State and local governments, so long as the guidance and
plans are consistent with the purposes, policies and programs of
Federal laws and regulations applicable to public lands. The proposed
route of travel and barrens designation changes to the Hollister RMP
for the Clear Creek Management Area, including designation of the
boundaries of the San Benito Mountain Research Natural Area, requires a
formal plan amendment before the designations can be implemented. The
amendment process and ORV trail designations shall be conducted in
compliance with the Federal Land Policy Management Act of 1976 (FLPMA),
planning regulations (43 CFR 1600), ORV trail designation regulations
(43 CFR 8340), BLM manual guidance, and all applicable Federal laws
affecting BLM land use decisions and ORV designations.
The Bureau intends to rely largely on route inventory data, soil
loss surveys, information obtained from coordination with other
federal, state, and local agencies, consultation with the Technical
Review Team, and public comments.
Dated: February 6, 2003.
Robert E. Beehler,
Field Manager.
[FR Doc. 03-10438 Filed 4-28-03; 8:45 am]
BILLING CODE 4310-40-P
APPENDIX B
[Federal Register: July 19, 2004 (Volume 69, Number 137)]
[Notices]
[Page 43011-43012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy04-91]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-190-04-1610-DS]
Notice of Availability of a Draft Resource Management Plan
Amendment and Draft Environmental Impact Statement for the Clear Creek
Management Area; Correction to April 2003 Notice of Intent (68 FR
22733)
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Availability of a Draft Resource Management Plan
Amendment and Draft Environmental Impact Statement (Draft RMP/Draft
EIS) for the Clear Creek Management Area, Hollister Field Office, in
the southern portion of San Benito County and western Fresno County,
California; Correction to April 2003 Notice of Intent (68 FR 22733).
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SUMMARY: In accordance with the National Environmental Policy Act of
1969, and the Federal Land Policy and Management Act of 1976, a Draft
RMP/Draft EIS has been prepared for the Clear Creek Management Area.
The Draft RMP/Draft EIS considers designations of areas and trails for
off-road vehicles (ORV) in accordance with 43 CFR Subpart 8342, and the
delineation of boundaries of the expansion of the San Benito Mountain
Research Natural Area. This notice and the Draft RMP/Draft EIS also
fulfill the planning requirements in 43 CFR 1610. The Draft RMP/Draft
EIS is tiered to the Clear Creek Management Area RMP Amendment/EIS
(1995).
This notice will also correct the Notice of Intent (NOI) of April
29, 2003 (68 FR 22733): BLM will prepare an Environmental Impact
Statement instead of an Environmental Assessment as previously
anticipated.
DATES: The comment period will end 90 days after the Environmental
Protection Agency's Notice of Availability is published in the Federal
Register announcing the availability of this Draft RMP/Draft EIS.
Comments on the Draft RMP/Draft EIS must be submitted on or before the
end of the comment period at the address listed below. Public meetings
will be held during the comment period. Public meetings and any other
public involvement activities will be announced at least 15 days in
advance through public notices, media news releases, newsletter
mailings, and the BLM Web site: http://www.ca.blm.gov.
ADDRESSES: Written comments should be sent to CCMA RMP Team, Bureau of
Land Management, Hollister Field Office, 20 Hamilton Court, Hollister,
CA 95023. Comments may also be sent by e-mail to
Lesly_Smith@ca.blm.gov. Documents pertinent to this proposal may be examined
at the Hollister Field Office. Comments, including names and street
addresses of respondents, will be available for public review at the
Hollister Field Office during regular business hours, 7:30 a.m. to 4
p.m., Monday through Friday, except holidays, and may be published as
part of the RMP/EIS. Responses to the comments will be published as
part of the Proposed Resource Management Plan Amendment/Final
Environmental Impact Statement. Individuals may request
confidentiality. If you wish to withhold your name or address from
public review or from disclosure under the Freedom of Information Act,
you must state this promptly at the beginning of you comment. Such
requests will be honored to the extent allowed by law. BLM will not
consider anonymous comments. All submissions from organizations or
businesses will be made available for public inspection in their
entirety.
Copies of the Draft RMP/Draft EIS have been sent to affected
Federal, Tribal, State and local Government agencies, and to interested
publics and are available at the Hollister Field Office. The planning
documents and direct supporting record for the analysis for the Draft
RMP/Draft EIS will be available for inspection at the Hollister Field
Office during normal business hours (7:30 a.m. to 4 p.m.) Monday
through Friday, except holidays). The Draft RMP/Draft EIS and other
associated documents may be viewed and downloaded in PDF format at the
BLM Web site at http://www.ca.blm.gov.
FOR FURTHER INFORMATION CONTACT: George E. Hill, Assistant Field
Manager, at the above address, telephone number (831) 630-5036, or e-
mail: George_Hill@ca.blm.gov.
SUPPLEMENTARY INFORMATION: The Clear Creek Management Area (CCMA) is
managed for Off-Highway Vehicle recreation and natural values. CCMA
consists of approximately 75,000 acres of public lands and resources in
the southern portion of San Benito County and western Fresno County,
California. Approximately 30,000 acres are within the Serpentine Area
of Critical Environmental Concern (ACEC). The serpentine soils within
the ACEC contain high concentrations of naturally occurring asbestos,
and comprise an environment with a unique assemblage of plant and
animal species.
The CCMA is currently managed under a Record of Decision (ROD)
approved in 1999. The ROD designated the CCMA a Limited Use Area for
Off-Highway Vehicle (OHV) use and also provided for a subsequent land
use planning effort to further analyze and designate specific areas and
trails for OHV use. BLM initiated the more subsequent planning in 2003
with publication of a NOI and preparation of an EA. After considering
scoping comments from the public requesting that an EIS be prepared,
and further analysis of impacts of possible area and route designations
in the management
[[Page 43012]]
area, however, BLM concluded that an EIS was warranted. The scope of
the plan amendment is unchanged. All scoping comments submitted under
the April 2003 NOI have been considered by BLM in preparing the Draft
Amendment and Draft EIS. Additional scoping comments are not requested.
Issues addressed in the EIS include: access for off-highway vehicle
use; vehicle access for other casual uses; visitor safety; air quality
and public health, watershed impacts, providing protection for listed
and sensitive species and habitats; and, protection and viability of
the unique forest and vegetation communities within the San Benito
Mountain Research Natural Area.
The proposed route of travel and barrens designation changes to the
Hollister RMP for the Clear Creek Management Area, including
designation of the boundaries of the San Benito Mountain Research
Natural Area, requires a formal plan amendment before the designations
can be implemented. The amendment process and ORV trail designations
were conducted in compliance with the Federal Land Policy Management
Act of 1976 (FLPMA), planning regulations (43 CFR 1600), ORV trail
designation regulations (43 CFR 8340), BLM manual guidance, and all
applicable Federal laws affecting BLM land use decisions and ORV
designations.
Criteria were developed to determine whether areas and routes
should be designated opened or closed, based on: proximity to sensitive
resources (stream crossings, special designations/Research Natural
Area, biological and cultural resources, mine sites), private land,
erosion hazards and maintenance concerns, motorized and non-motorized
recreation opportunities, and administrative and local access. This
Draft Amendment and Draft EIS refines the screening criteria and
procedures for implementing route and area designation as open,
limited, or closed to provide sustainable recreation opportunities and
to establish a clear and understandable network of routes and areas
available for public use that conforms identified resource condition
objectives.
The Draft RMP/Draft EIS considers and analyzes four (4)
alternatives A) the Proposed Action, B) Enhanced Recreation
Opportunities, C) Enhanced Environmental Protection, and D, the No
Action, or Continuation of Current Management alternative. The Bureau
considered route inventory data, soil loss surveys, monitoring reports,
field evaluations, watershed studies, information obtained from
coordination with other federal, state, and local agencies,
consultation with the Technical Review Team, and public comments in the
development of the resource management plan amendment.
Dated: July 12, 2004
George E. Hill,
Acting Field Manager.
[FR Doc. 04-16437 Filed 7-16-04; 8:45 am]
BILLING CODE 4310-40-P