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Attachment E: Hydrology and Water Quality Technical Report 

1.0 Introduction

DesertXpress Enterprises, LLC XpressWest High-Speed Train Project (Project) entails construction and 

operation of a high-speed passenger train system between Apple Valley, California, and Las Vegas, 

Nevada. The Project was originally evaluated in the following documents (collectively referenced as the 

DesertXpress Environmental Impact Statement [EIS]):

• March 2009 Draft Environmental Impact Statement and 4(f) Evaluation for the proposed 

DesertXpress High-Speed Passenger Train (DesertXpress DEIS)

• April 2010 Supplemental Draft Environmental Impact Statement and 4(f) Evaluation for the proposed 

DesertXpress High-Speed Passenger Train (DesertXpress SEIS)

• March 2011 Final Environmental Impact Statement and 4(f) Evaluation for the proposed 

DesertXpress High-Speed Passenger Train Victorville, California to Las Vegas, Nevada (DesertXpress 

FEIS)

The Federal Railroad Administration (FRA) issued the Record of Decision DesertXpress High-Speed 

Passenger Train (DesertXpress ROD) in July 2011.

This technical report describes the potential changes to water resource impacts resulting from the 

Project modifications. 

2.0 Methodology 

Hydrological resources within the Project area have not substantially changed since publication of the 

DesertXpress EIS; the Mojave River is the primary water resource in the Project area and most other 

hydrologic features are ephemeral washes and ditches. Modified alignment, stations, and ancillary 

facilities would intersect or travel adjacent to these features. As such, changes to the affected 

environment for most topics pertaining to hydrology and water quality were easily assessed using 

publicly available information. These resources required minimal quantitative analysis; most of the 

discussion included herein is provided in qualitative terms. 

Section 5.0 compares the quantity of aquatic features present in the modified Project footprint against 

the quantity of aquatic features identified in the DesertXpress EIS. Impacts are calculated in linear feet 

where water features would intersect temporary or permanent areas associated with the modified 

Project footprint. The following assumptions affected the quantification of aquatic features:

• Available Engineering for the Project Alignment and Ancillary Facilities. The DesertXpress EIS

considered the permanent impact area (impacts related to operations) to be 37.5 feet from 

centerline and temporary impact area (impacts related to construction) to be 200 feet from 

centerline of the Preferred Alterative rail alignment. The modified Project footprint includes a 

detailed footprint outlining temporary and permanent impact areas along the modified Project 

alignment and ancillary facilities. Therefore, this assessment reviews the modified Project features 

outside of the original footprint assessed in the DesertXpress EIS. 

• Available Engineering for the Station and Maintenance Facility Sites. Neither the DesertXpress EIS 

nor the Project modifications included detailed design of the Dale Evans Station and Operations, 

Maintenance, and Storage Facility (OMSF) site or the Warm Springs Station. Instead, the footprint

for these two sites is based on the parcels acquired for the station and maintenance facilities. The 
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parcel size is anticipated to be larger than the footprint necessary to build the station and OMSF 

facilities. Therefore, impacts to water resources at the station and OMSF sites are likely to be 

overestimated. Impacts associated with these facilities will be quantified and mitigated for through 

the Clean Water Act (CWA) 404 permitting process.

• Culverts and Drainage Design. The modified Project will conduct hydrological analysis as part of the 

final design. This process was detailed in the DesertXpress EIS and remains valid. In addition, 

consistent with the DesertXpress EIS, the modified Project will commit to the installation of culverts 

where the rail corridor deviates from the Interstate (I)-15 freeway and the restoration of ephemeral 

streams (as required by Mitigation Measure HYD-5 from the DesertXpress EIS). Where the modified

Project alignment travels within the I-15 freeway right-of-way (ROW), the Project’s drainage 

crossings will match the location and hydraulic capacity of existing drainage crossings along the I-15

freeway.

• Nationwide Permit Process. The Project analyzed in the DesertXpress EIS incorporated the 

constraints of USACE Nationwide Permit (NWP) requirements to avoid impacts to ephemeral 

drainages. Thus, the DesertXpress EIS aquatic resource impacts were calculated with the assumption 

that impacts to ephemeral drainages would be avoided with implementation of the NWP design 

requirements. The modified Project design does not incorporate these NWP requirements because, 

as discussed in Section 3.1and Section 5.7, the NWP process no longer applies to ephemeral 

drainages. 

3.0 Regulatory Updates

The regulatory environment for hydrology and water quality is described in detail in the DesertXpress 

DEIS and DesertXpress FEIS. Below are changes to the regulatory environment since the issuance of the 

DesertXpress ROD. 

3.1 CLEAN WATER ACT

Since publication of the DesertXpress FEIS, “Waters of the United States (U.S., WOTUS)” as defined by 

the CWA (33 CFR 328.3) have been redefined. In August 2015 (i.e., 2015 Rule) the Environmental 

Protection Agency (EPA) and USACE (together, the Agencies) redefined WOTUS under the CWA, 

replacing the 1986 definition of WOTUS and the Scalia Opinion, resulting from the 2006 Supreme Court 

case Rapanos v. United States. As a result of litigation over the 2015 Rule, the 2015 Rule currently 

applies in 22 states, including California, while the pre-existing regulations (i.e., 1986 Regulations) apply

in 28 states, including Nevada.

However, in response to Executive Order (EO) 13778, Restoring the Rule of Law, Federalism, and 

Economic Growth by Reviewing the Waters of the U.S. Rule (February 28, 2017) the Agencies published 

a final rule (Federal Register Vol. 84, No. 204) to repeal the 2015 Rule and recodify the regulatory text 

that existed prior to the 2015 Rule. With this final rule, the Agencies implemented the 1986 Regulations, 

including applicable agency guidance and Supreme Court cases, nationwide. The reversion to the 1986 

regulatory definition of WOTUS became effective on December 23, 2019 and changes the definitions of 

WOTUS back to the 1986 definition supplemented with the pre-2015 Supreme Court cases. This 

regulatory update does not affect the evaluation of impacts for the modified Project. 

On April 21, 2020, the Agencies published the Navigable Waters Protection Rule (2020 Rule) to 

streamline the definition of WOTUS, fulfilling EO 13778. The final Navigable Waters Protection Rule 
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became effective on June 22, 2020 and replaced the previous rule. The four aquatic resource categories

defined as WOTUS under the 2020 Rule are as follows: 

• Territorial seas and traditional navigable waters,

• Perennial and intermittent tributaries of those waters,

• Certain lakes, ponds, and impoundments, and

• Wetlands adjacent to jurisdictional waters.

Notably, the 2020 rule does not define ephemeral features that flow only in direct response to 

precipitation as jurisdictional WOTUS. As discussed in Section 5.7, by removing the jurisdictional status 

of ephemeral features, this regulatory update eliminated the Project’s impact to WOTUS. 

3.2 STATE WATER RESOURCES CONTROL BOARD

On April 2 ,2019 the California State Water Resources Control Board (SWRCB) adopted the Water 

Quality Control Plans for Inland Surface Waters Enclosed Bays and Estuaries and Ocean Waters of 

California (Procedures). The adopted Procedures provide a state definition for wetlands, identify 

appropriate wetland delineation methodologies, and provide procedures for application submittal 

(including required information), and subsequent SWRCB review and approval of projects that would 

result in the discharge of dredge or fill material in Waters of the state. The Procedures become effective 

on May 28, 2020. Any application proposing to discharge fill or dredge material into Waters of the state 

that is received after the effective date must comply with the Procedures. This is applicable to the state 

of California 401 Certifications and Waste Discharge Requirements. 

The change is not anticipated to affect potential impacts resulting from implementation of the modified 

Project. As stated in the DesertXpress DEIS, under CWA Section 401, applicants for a Federal license or 

permit to conduct activities that may result in the discharge of a pollutant into WOTUS must obtain 

certification from the state in which the discharge would originate (Lahontan Regional Water Quality 

Control Board in California and the Nevada Division of Environmental Protection in Nevada). All projects 

that have a Federal component and may affect the quality of the state’s waters (including projects that 

require Federal agency approval, such as issuance of a CWA Section 404 permit) must also comply with 

CWA Section 401. This regulatory update does not affect the evaluation of impacts for the modified 

Project.

4.0 Affected Environment

The DesertXpress DEIS Section 3.8.3, DesertXpress SEIS Section 3.8.1, and DesertXpress FEIS Section 

3.8.1.1 describe the affected environment for water resources. The DesertXpress DEIS Section 3.8.4.2 

and DesertXpress SEIS Section 3.8.3 also describe the hydrological effects by individual Project 

component. The modified Project rail alignment follows the I-15 freeway corridor and generally 

encounters the same regions evaluated in the DesertXpress EIS. Therefore, the DesertXpress DEIS 

discussions of affected environment remain applicable to the modified Project footprint.

5.0 Effects Assessment

5.1 AQUATIC FEATURES WITHIN THE MODIFIED PROJECT FOOTPRINT

Overall, there is a higher quantity of water features recorded within the modified Project footprint

relative to the DesertXpress EIS. However, the new water resources recorded within the modified 
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Project footprint are similar in classification and quality to resources mapped along the original Project 

corridor. Using the modified approach to design and analysis as described in Section 1.0, the direct 

permanent impacts are reported in this Reevaluation as higher for the Project modifications. The higher 

reported impacts to aquatic features are primarily due to the following factors: 

• Impacts to aquatic features in the DesertXpress EIS were calculated based on a Project centerline, 

whereas the Project modifications include a detailed footprint outlining temporary and permanent 

impact areas. 

• Project design in the DesertXpress EIS incorporated NWP maximum impact thresholds on WOTUS, 

whereas the modified Project does not incorporate these NWP limits, but instead imposes them as 

mitigation. As discussed in Section3.1, the Project would no longer impact WOTUS and the NWP 

impact thresholds no longer apply.

Table 5.1-1 through Table 5.1-3 compare the aquatic resources within the modified Project footprint 

against the aquatic resources quantified in the DesertXpress EIS, separated by impact type and Project 

component. Five Project components—the rail alignment, Ivanpah Electrical Substation, Warm Springs 

Station, Dale Evans Station and OMSF site, and emergency crossovers—warrant further discussion 

because of the increase of reported water resources, as outlined below.

5.1.1 RAIL ALIGNMENT

The 2011 DesertXpress EIS Preferred Alternative included approximately 17,626 linear feet of 

permanent effects to water resources, whereas the 2020 modified Project footprint includes nearly 

33,400 linear feet of permanent effects. While the footprint has shifted throughout the entire 

alignment, the most notable changes occur in Segment 1 and 5 where the Project footprint previously 

occurred on the west side of the I-15 freeway and is now on the east side of I-15 freeway. Segment 1 of 

the Preferred Alternative included nearly 5,000 linear feet of permanent effects to water resources and 

Segment 5 included no permanent effects to water resources. Based on the 2020 modified Project 

footprint, Segment 1 includes over 11,400 linear feet and Segment 5 includes over 11,000 linear feet of 

permanent effects to water resources. The exact quantity of linear feet impacted and the location of 

such impacts within the larger footprint is dependent upon final design and the implementation of 

mitigation measures.

The drainage features within the rail alignment were classified as “Riverine Ephemeral”.1 While these 

specific features in Segments 1 and 5 were previously unevaluated in the DesertXpress DEIS, Riverine 

Ephemeral drainage features were evaluated for potential impacts resulting from implementation of the

Preferred Alternative in other Segments, including station sites, temporary construction areas, and the 

rail alignment. These drainage features have the same classification and are similar in quality to those 

features previously evaluated in the DesertXpress EIS. Therefore, impacts to these features are not 

considered a new type of impact resulting from the Project modifications. 

1 Riverine Ephemeral features are defined in the following document: Cowardin, L.M., V. Carter, F.C. Golet & E.T. LaRoe. 

1979. Classification of wetlands and deepwater habitats of the United States. USDI Fish & Wildlife Service, Biological Services 

Program. FWS/OBS-79/31. 103 pp
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5.1.2 IVANPAH ELECTRICAL SUBSTATION AND UTILITY CORRIDOR

The Ivanpah Electrical Substation would include the construction of approximately eight miles of utility 

corridors located along existing roads. For the purposes of this analysis, a 25-foot wide area along the 

entire utility corridor was assumed to be subject to permanent impacts and a 175-foot wide area was 

assumed to be subject to temporary impacts. Based on these footprint widths, the Ivanpah Electrical 

Substation would have approximately 4,345 linear feet of permanent effects and nearly 24,700 linear 

feet of temporary effects to aquatic resources. 

The size of the utility corridor is an overestimate of what would likely be constructed because these 

impacts were based on a linear footprint along the entire corridor. Permanent impacts would occur only 

in locations where the utility poles would be placed, which is a small footprint overall (less than one 

acre). The transmission lines would be elevated between the utility poles and would avoid physical 

effects. The exact number of linear feet impacted and the location of such impacts within the larger 

footprint is dependent upon final design and the implementation of mitigation measures.

The drainage features within this utility corridor were classified as Riverine Ephemeral. While these 

specific features were previously unevaluated in the DesertXpress EIS, Riverine Ephemeral drainage 

features were evaluated for potential impacts resulting from implementation of the Preferred 

Alternative in other Segments, including station sites, temporary construction areas, and rail alignment. 

These drainage features have the same classification and are similar in quality to those features 

previously evaluated in the DesertXpress EIS. Therefore, impacts to this feature are not considered a 

new type of impact resulting from the Project modifications. 

5.1.3 WARM SPRINGS STATION

The Warm Springs Station area is approximately 109 acres and is bisected by an approximately 2,800-

linear-foot drainage feature. The exact location of lead track, loop track, platforms, station, and 

maintenance facility within the station sites are not known at this time. The footprint total is a 

conservative estimate to allow for flexibility in final design and permitting. Based on a review of the 

conceptual design for the stations, FRA has concluded that the amount of permanent impacts to water 

resources will be less than estimated in this report. However, the exact number of linear feet impacted

and the location of such impacts within the larger footprint is dependent upon final design and the 

implementation of mitigation measures. 

The drainage feature that bisects the Warm Springs Station footprint is classified as Riverine Ephemeral 

that is greater than four feet in width with a desert wash scrub vegetation type. While this specific 

feature was previously unevaluated in the DesertXpress EIS, the type of feature (Riverine Ephemeral 

drainage greater than four feet in width) was evaluated in other portions of the DesertXpress EIS

Preferred Alternative, including station sites, temporary construction areas, and rail alignment. This 

drainage feature is similar in classification and quality to those features previously evaluated and 

impacted in the DesertXpress EIS. Therefore, impacts to this feature are not considered a new type of 

impact resulting from the Project modifications. 

5.1.4 DALE EVANS STATION AND OMSF SITE

The new Dale Evans Station and OMSF site is a combined facility adjacent to, and on the east side of, the 

I-15 freeway (directly across the I-15 freeway from Victorville Station 3B and OMSF 2). The Dale Evans 

Station and OMSF site is approximately 310 acres and could potential permanently impact 
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approximately 18,700 linear feet of water features. Similar to the Warm Springs Station, the exact 

location of lead track, loop track, platforms, and structures within the station sites are not known at this 

time. The 310-acre footprint is composed of the total parcel size where the station features (i.e., station 

platforms, loop tracks, associated buildings) could be located. It does not reflect the final footprint of 

permanent impacts that would result once the placement of those features is established during final 

design and avoidance and mitigation measures are applied. Based on a review of the conceptual design 

for the stations, FRA has concluded that amount of permanent impacts to water resources will be 

significantly less than estimated in this report. However, the exact number of linear feet impacted and 

the location of such impacts within the larger footprint is dependent upon final design and the 

implementation of mitigation measures. 

The water features within the Dale Evans Station and OMSF site include a combination of Riverine 

Ephemeral drainages ranging in width and consisting of creosote bush scrub, which is consistent with 

the Victorville Station 3B and OMSF 2 facilities. These water features are within the same hydrographic 

basin as the water features evaluated in the DesertXpress DEIS for the Victorville Station 3B and OMSF 

2, but are on the opposite side of I-15 freeway. These features all drain to the Bell Mountain Wash and 

then the Mojave River to the south. 

When comparing the original and modified Dale Evans station locations, the modified Project footprint 

would have fewer impacts to Riverine Ephemeral water features possessing creosote bush scrub. The 

Dale Evans Station and OMSF site would impact water features types that were previously evaluated in 

the DesertXpress EIS and the type of features impacted occur throughout the Preferred Alternative 

alignment evaluated in the DesertXpress EIS. Because these drainage features are similar in classification 

and quality to those features previously evaluated in the DesertXpress EIS, impacts to these features are 

not considered a new type of impact resulting from the Project modifications. 

5.1.5 EMERGENCY CROSSOVERS

The DesertXpress EIS assumed that emergency crossovers would be necessary to facilitate emergency 

vehicle access across the Project alignment, especially for median-running alignments. However, the 

DesertXpress EIS did not identify crossover locations. These locations have now been determined and 

the modified Project would include nine emergency crossovers located along the alignment: eight in 

California and one in Nevada. Collectively, these emergency crossovers account for 2,935 linear feet of 

permanent effects to water resources. These emergency crossovers range from one to eight acres in size 

and occur on both sides of I-15 freeway. 

Comparison of Direct Permanent Effects to Water Resources 

Project Component Linear Feet of 

Permanent Effect (2011)

Linear Feet of Permanent 

Effect (2020)* 

Rail Alignment 17,626.5 33,388.5

Victorville Station (VV3) 2,075.0 N/A

Victorville OMSF (OMSF 2) 825.0 N/A

Dale Evans Station and OMSF Site N/A 18,706.5

Las Vegas Station (southern Station) 0.0 N/A

Las Vegas MSF (Wigwam Ave MSF) 0.0 N/A

Warm Springs Station N/A 2,838.9

Frias Substation** 50.0 515.3

Barstow Electrical Substation N/A 1,046.1
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Project Component Linear Feet of 

Permanent Effect (2011)

Linear Feet of Permanent 

Effect (2020)* 

Ivanpah Electrical Substation N/A 4,344.5

Utility Corridor (Baker) 50.6 N/A

Southern California Edison Utility Corridor (Victorville) 223.4 N/A

California Maintenance of Way Facility N/A 244.8

Paralleling Sites N/A 351.0

Roadway Modifications N/A 945.7

Emergency Crossovers N/A 2,935.2

Total*** 20,850.5 65,316.5

Notes:

‘N/A’ identifies Project components that were not proposed in either 2011 or 2020.

* 2020 permanent effects listed in the table are the total linear feet of water resources and is not representative of the permanent 

impacts once the final design and mitigation measures are applied. 

** The Frias Substation Preferred Alternative footprint was rotated by 90 degrees as part of the modified Project footprint. The 465 

linear feet of drainages that were once adjacent to the Frias Substation (and not subject to impacts) are now within the modified 

Project footprint. 

***Totals generated prior to rounding and therefore may not add precisely.

Comparison of Direct Temporary Effects to Water Resources 

Project Component Linear Feet of Temporary Effect 

(2011)

Linear Feet of Temporary Effect 

(2020)* 

Rail Alignment 49,200.0 28,522.5

Southern California Edison Utility 

Corridor (Victorville) 233.8 N/A

Ivanpah Electrical Substation N/A 24,684.6**

Utility Corridor (Baker) 52.5 N/A

Frias Substation*** 0.0 77.9

Barstow Electrical Substation N/A 83.8

Temporary Construction Areas 188.0 17,207.8

Total**** 49,674.3 70,576.7

Notes:

‘N/A’ identifies Project components that were not proposed in either 2011 or 2020.

* 2020 temporary effects listed in the table are the total linear feet of water resources and is not representative of the temporary 

impacts once the final design and mitigation measures are applied. 

**This total assumes eight miles of the utility corridor would be at ground level and that none of the water resources would be 

avoided through design. Based on the modified Project, the utility corridor would be adjacent to existing access roads. Temporary 

impacts associated with the Ivanpah Electrical Substation are expected to include staging areas, temporary construction areas, and 

wire pulling sites.

*** The Frias Substation Preferred Alternative footprint was rotated by 90 degrees as part of the modified Project footprint. The 78 

linear feet of drainages that were once adjacent to the Frias Substation (and not subject to impacts) are now within the modified 

Project footprint. 

**** Totals generated prior to rounding and therefore may not add precisely.

Comparison of Direct Impacts to Water Resources by Project Segment

Alternative by Project Element Linear Feet of Impacts to Water 

Resources (Permanent) (2011)

Linear Feet of Impacts to Water 

Resources (Permanent) (2020)* 

Segment 1

Alignment connecting to 2a/2b 2,491 N/A

Alignment connecting to 2C 2,259 N/A

Victorville Station Site 1 0 N/A
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Alternative by Project Element Linear Feet of Impacts to Water 

Resources (Permanent) (2011)

Linear Feet of Impacts to Water 

Resources (Permanent) (2020)* 

Victorville Station Site 2 0 N/A

Victorville Station Site 3A 2,275 N/A

Victorville Station Site 3B 2,075 N/A

Victorville OMSF 1 12 N/A

Victorville OMSF 2 825 N/A

Alignment N/A 11,421.6

Dale Evans Station and OMSF Site N/A 18,706.5

Total for Segment 1 9,937 30,128.2

Segment 2

Alignment 2A 1,157 N/A

Alignment 2B 11,064 N/A

Alignment 2C 2,344 N/A

Alignment N/A 2,681.3

Barstow Electrical Substation N/A 1,046.1

Total for Segment 2 14,565 3,727.3

Segment 3

Alignment 3A 4,059 N/A

Alignment 3B 7,608 N/A

Baker Maintenance of Way Facility 0 N/A

Alignment N/A 6,467.7

115 kV 274 N/A

Paralleling Sites N/A 351.0

Emergency Crossovers N/A 2,821.2

Total for Segment 3 11,941 9,639.7

Segment 4

Alignment 4A 734 N/A

Alignment 4B 319 N/A

Alignment 4C 1,485 N/A

Alignment N/A 1,635.4

Ivanpah Electrical Substation N/A 4,344.5

California Maintenance of Way 

Facility N/A 244.8

Roadway Modifications N/A 877.9

Total for Segment 4 2,538 7,102.7

Segment 5

Alignment 5A 0 N/A

Alignment 5B 0 N/A

Alignment N/A 11,039.9

Emergency Crossover N/A 114.1

Roadway Modifications N/A 67.8

Total for Segment 5 0 11,221.7
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Alternative by Project Element Linear Feet of Impacts to Water 

Resources (Permanent) (2011)

Linear Feet of Impacts to Water 

Resources (Permanent) (2020)* 

Segment 6

Alignment 6A-Southern Station 0 N/A

Alignment 6A-Central Station B 0 N/A

Alignment 6B-Southern Station 3,931 N/A

Alignment 6B-Central Station B 3,931 N/A

Alignment 6C 77 N/A

Las Vegas Southern Station 0 N/A

Las Vegas Central Station A 0 N/A

Las Vegas Central Station B 0 N/A

Las Vegas Downtown Station 0 N/A

Sloan Road MSF 0 N/A

Relocated Sloan Road MSF 0 N/A

Wigwam Avenue MSF 0 N/A

Robindale Avenue MSF 0 N/A

Frias Substation** 50 515.3

Alignment N/A 142.6

Warm Springs Station N/A 2,838.9

Total for Segment 6 7,989 3,496.8

Segment 7 0 N/A

Total  20,850** * 65,316.5

Notes:

‘N/A’ identifies Project components that were not proposed in either 2011 or 2020. 

* 2020 permanent impacts listed in the table are the total linear feet of water resources and is not representative of the permanent 

impacts once the final design and mitigation measures are applied. 

** The Frias Substation Preferred Alternative footprint was rotated by 90 degrees as part of the modified Project footprint. The 465 

linear feet of drainages that were once adjacent to the Frias Substation (and not subject to impacts) are now within the modified 

Project footprint. 

*** Total represents Preferred Alternative impacts from DesertXpress DEIS, not the sum of the column. 

**** Totals generated prior to rounding and therefore may not add precisely.

5.2 WATER QUALITY

The DesertXpress EIS identified the following potential construction-period and operational water 

quality effects:

• Construction-period water quality effects would result from increased erosion and sedimentation 

during grading and excavation, as well as from accidental spills or improper storage of hazardous 

materials. 

• Operational water quality effects would result from polluted stormwater runoff generated at the 

stations and maintenance facilities.

The modified Project would not change the DesertXpress EIS conclusions regarding water quality effects

because it would not require new or substantially larger facilities and construction activities would occur 

within a similar area and scope. The DesertXpress EIS concluded that Mitigation Measures HYD-1 

through HYD-4 would minimize adverse effects to hydrological resources during construction and 
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operation. These mitigation measures would still apply to the modified Project, which would not result

in substantial changes in the evaluation of water quality impacts of the DesertXpress EIS. 

5.3 ALTERATION OF EXISTING DRAINAGE PATTERNS 

5.3.1 CONSTRUCTION

The DesertXpress EIS determined that Project construction would potentially alter drainage patterns 

through the exposure of soils susceptible to erosion during earthmoving activities. The Project 

modifications would require a slightly shorter construction period and less earthmoving activity since 

the overall Project footprint would be reduced. The reduction of the earthmoving activity would reduce 

the potential for construction activities to impact drainage patterns. Mitigation Measure HYD-2 would 

still be applied to reduce impacts on existing drainage patterns during construction. The reduced 

potential to impact to drainage patterns are considered a beneficial effect of the Project modifications.

5.3.2 OPERATION

ALIGNMENT AND ANCILLARY FEATURES

The DesertXpress EIS determined that the alignment would cross numerous ephemeral hydrological 

features between Apple Valley and Las Vegas. To avoid permanently altering water bodies along the 

alignment, the DesertXpress EIS developed Mitigation Measure HYD-5 to direct stormwater runoff from 

the trackway into existing drainage facilities along the I-15 freeway. The DesertXpress EIS also identified 

specific autotransformers locations that could alter drainage patterns in the area, and developed 

Mitigation Measure HYD-9 minimize these impacts.

Mitigation Measure HYD-5 would still apply to avoid altering water bodies along the modified alignment. 

The modified Project would no longer utilize autotransformers but would use the autotransformer sites 

identified in the DesertXpress EIS as temporary construction areas; Mitigation Measure HYD-9 would 

still be applied to reduce temporary impacts from these sites. Therefore, the modified Project would not 

change the DesertXpress EIS conclusions regarding effects on drainage patterns.

STATION SITES

The Las Vegas Central Station B and Wigwam Avenue MSF, considered as part of the Preferred 

Alternative in the DesertXpress EIS, were approximately 50 acres and did not impact aquatic features. 

The modified Project footprint eliminates these facilities and now includes the Warm Springs Station in 

Las Vegas.

The original Victorville Station 3B and OMSF 2 facilities were adjacent to, and on the west side of, the I15 freeway. These two facilities were approximately 300 acres, and the DesertXpress DEIS reported that 

they would permanently impact approximately 2,900 linear feet of water resources previously defined 

as WOTUS. Notably, the Victorville Station 3B and OMSF 2 footprints encompassed approximately 

83,000 linear feet of drainages. However, as described above, the 2011 Project incorporated design 

features that would limit permanent impacts to the NWP maximum impact thresholds.

The DesertXpress EIS determined the Las Vegas Station sites would avoid drainage impacts, although the 

VV3 and OMSF2 sites in Victorville would affect drainages contributing to nearby washes. The Warm 

Springs Station site contains an ephemeral wash and would thus potentially impact local drainage 
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patterns.2 The Dale Evans Station and OMSF site would cross the same two washes impacted by the 

previous VV3 and OMSF2 sites evaluated in the DesertXpress EIS. Mitigation Measure HYD-5 would 

apply to minimize drainage impacts at the Warm Springs Station site, and Mitigation Measure HYD-5 

would continue to apply to minimize drainage impacts at the Dale Evans Station and OMSF site. 

Therefore, the Project modifications would not change the DesertXpress EIS conclusions regarding 

drainage patterns.

5.4 FLOOD FLOW IMPEDEMENT

The DesertXpress EIS determined that portions of alignment and ancillary facilities would traverse areas 

with a one percent annual chance of experiencing flooding, which could impede or redirect flood flows. 

Most of the one percent annual chance floodplain boundaries have not changed since publication of the 

DesertXpress EIS; however, alignment and ancillary facilities in Segment 6 would encounter modified 

floodplains that have been reduced since publication of the DesertXpress EIS.3,4 The Dale Evans Station 

and OMSF site would not encounter designated one percent annual chance floodplains, but the Warm 

Springs Station would overlap with a one percent annual chance floodplain that was not previously 

evaluated. 

The modified Project would not substantially change the DesertXpress EIS conclusions regarding flood 

flows because potential floodplain effects associated with these facilities would not substantially differ 

from the type of impacts evaluated in the DesertXpress EIS. Additionally, Mitigation Measures HYD-6 

and HYD-7 would still be required to minimize impacts. The Project modifications would not change the 

DesertXpress EIS conclusions regarding flood flow impediment. 

5.5 ADDITIONAL SOURCES OF STORMWATER RUNOFF

5.5.1 CONSTRUCTION

The DesertXpress EIS determined that Project construction could introduce new sources of polluted 

stormwater runoff through the release of construction-related chemicals, especially from temporary 

construction areas. The reduction of the overall Project footprint would allow for a slightly shorter 

construction period and a reduction in the use of construction-related chemicals. Reduction of the 

intensity of the construction activities during the period would reduce the potential for chemical 

releases by shortening the amount and time chemicals would be stored and used within the 

construction footprint. Mitigation Measures HYD-2, HYD-3, and HYD-4 would still be applied to reduce 

impacts from chemical releases during construction. The reduced risk of construction-period chemical 

releases is considered a beneficial impact of the Project modifications.

5.5.2 OPERATION

The DesertXpress EIS determined that new impervious surfaces at the station and maintenance facilities 

could produce increased stormwater runoff. The alignment trackway itself would not produce a 

2 Clark County Planning Commission. 2019. Enterprise Land Use Plan – Map 3 Surface Hydrology. May 13, 2019. 

https://www.clarkcountynv.gov/comprehensive-planning/land-use/Documents/EC-03-SurfaceH2o-17x11.pdf 3 California Department of Water Resources. 2019. Best Available Maps: 100-Year Floodplains, FEMA Effective.

http://gis.bam.water.ca.gov/bam/

4 Legal Services Corporation. 2019. Flood Zone Lookup. https://www.lsc.gov/flood-zone-lookup 
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considerable amount of runoff due to the track ballast permeability. The DesertXpress EIS also stated 

that the Project would not result in considerable losses of groundwater recharge area since there are 

numerous other locations in the watersheds for groundwater recharge to occur that would not be 

affected by the Project. The modified Project would not change the DesertXpress EIS conclusions 

regarding polluted runoff because the quantity of impervious surface areas included in the modified 

Project would not substantially differ from the surface areas evaluated in the DesertXpress EIS. 

Therefore, the Project modifications would not result in substantial changes in the evaluation 

stormwater runoff as identified in the DesertXpress EIS. 

5.6 REDUCTION IN GROUNDWATER AVAILABILITY

As stated in the DesertXpress EIS, implementation of Mitigation Measure HYD-10 would require water 

supply for construction, operation, and maintenance activities be obtained from existing water 

purveyors instead of surface or groundwater resources. The modified Project would still implement 

Mitigation Measure HYD-10 to reduce impacts to groundwater availability. Therefore, the Project 

modifications would not result in substantial changes in the evaluation of groundwater availability as 

identified in the DesertXpress EIS. 

5.7 WATERS OF THE UNITED STATES

This section assesses impacts to WOTUS (including wetlands). As part of the CWA Section 404 permitting 

process for the original Project, six formal jurisdictional delineation reports were prepared for the Death 

Valley area, the Cuddeback Lakes watershed, the Ivanpah Valley area, the Jean Dry Lake area, the Las 

Vegas watershed, and the Roach Dry Lake area. These reports were submitted to the USACE in July 2010

and included as appendices to the DesertXpress FEIS. The delineation reports investigated the presence 

of wetlands and other waters potentially subject to USACE regulation under CWA Section 404. 

The DesertXpress DEIS determined that the alignment would cross numerous ephemeral hydrological 

features between Apple Valley and Las Vegas. Table 5.7-1 compares the construction-period 

(temporary) and operational (permanent) effects to WOTUS between the Preferred Alternative and 

2020 modified Project footprint. However, as described in Section3.1, the Navigable Waters Protection 

Rule decategorized ephemeral drainages as WOTUS. Because the Project corridor only contains 

ephemeral drainages, the modified Project would no longer result in WOTUS impacts. Mitigation 

Measure HYD-5 would still apply to reduce hydraulic impacts where the modified Project alignment and 

ancillary facilities encounter ephemeral drainages. 

Comparison of 2011 and 2020 Impacts to WOTUS Resources 

Permanent Impacts to 

ephemeral drainages

Temporary Impacts to 

ephemeral drainages

# of Water

Features

Wetland

Impacts (acres)

Preferred 

Alternative (2011) 5.96 acres 0.20 acres 300 0 

Modified Project 

Footprint (2020)* 9.99 acres 3.68 acres 589 0 

*Impact totals may be refined based upon further Project design and coordination with the USACE through the CWA 404 permitting 

process. 
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6.0 Mitigation Measures

The following mitigation measures established in the DesertXpress DEIS would avoid adverse effects to 

water resources. Revisions to the original MMs (General Mitigation Measures) are included as strikeout

underline following the applicable measure. 

The following mitigation measures established in the DesertXpress EIS would avoid adverse effects 

hydrology and water quality: 

• Mitigation Measure HYD-1: Incorporate Site-Specific Permanent Water Quality Treatment Devices

• Mitigation Measure HYD-2: Implement Construction-Related Best Management Practices

• Mitigation Measure HYD-3: Comply with the National Pollutant Discharge Elimination System 

Construction General Permit

• Mitigation Measure HYD-4: Implement Spill Prevention, Control, and Countermeasure Plan

• Mitigation Measure HYD-5: Proper Design of Drainage Systems

• Mitigation Measure HYD-6: Reduce Encroachment into the 100-Year Floodplain

• Mitigation Measure HYD-7: No Storage of Construction Equipment or Materials within the 100-Year 

Floodplain

• Mitigation Measure HYD-8: Minimize Impact of OMSF 2 on Water Resources 

• Mitigation Measure HYD-9: Minimize Impacts of Temporary Construction Areas Autotransformers 7 

and 11 on Water Resources

• Mitigation Measure HYD-10: Minimize Impacts on Water Availability

Mitigation Measure HYD-1: Incorporate Site-Specific Permanent Water Quality Treatment Devices

To protect water quality the Applicant DesertXpress Enterprises, LLC shall install permanent water 

quality treatment devices that comply with state and local requirements, as applicable, to meet water 

quality objectives. Examples of water quality best management practices (BMPs) may include a 

vegetated swale, traction sand traps, or settling basin to help remove sediments and nutrients. Such 

BMPs shall be sized properly and designed by a registered professional engineer and shall not allow 

untreated stormwater runoff to reach the Mojave River or any washes along the alignment, including 

those washes in the urbanized area of Las Vegas.

Mitigation Measure HYD-2: Implement Construction-Related Best Management Practices (BMPs)

the Applicant DesertXpress Enterprises, LLC shall initiate construction activities with the installation of 

erosion control BMPs. Within design-build plans, the Applicant DesertXpress Enterprises, LLC shall 

identify specifications of BMPs for grading and erosion control that are necessary to reduce erosion and 

sedimentation. These BMPs shall be selected to achieve maximum sediment removal and represent the 

best available technology that is economically achievable. Standard erosion control measures, such as 

management, structural, and vegetative controls, shall be implemented for all construction activities 

that expose soil. BMPs to be implemented as part of this mitigation measure may include, but are not 

limited to, the following measures:

Temporary erosion control measures that would apply to construction of the stations, maintenance 

facilities and the rail (such as silt fences, staked straw bales/wattles, silt/sediment basins and traps, 

check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) shall be 

employed to control erosion from disturbed areas. Grass or other vegetative cover shall be established 

on the construction site as soon as possible after disturbance. To avoid the spread or introduction of 
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invasive species, non-native seeds or vegetation will not be used. Erosion in disturbed areas shall be 

controlled by grading so that direct routes for conveying runoff to drainage channels are eliminated.

The general contractors and subcontractors conducting the work shall construct or implement, regularly 

inspect, and maintain the BMPs in design-build Project plans. Some methods of Construction BMPs for 

rail installation that shall be included in the Project are:

• Install erosion control material consisting of silt fences along the outside limits of construction on 

both sides of the disturbance corridor for track construction;

• Clear the construction area of brush and vegetation;

• Strip any topsoil and transport it to stockpile for use in the restoration of temporary Project 

disturbances; 

• Excavate material as required to extend any culverts using good quality material as fill and transport 

poor quality material to stockpile;

• Place quality fill material to establish the subgrade;

• Install the sub-ballast on the subgrade, composed of crushed rock that has sufficient strength to 

withstand settling from loads;

• Place standard rail ties, made of wood or concrete, on the sub-ballast, then place the rail on the ties, 

and anchor the rail to the ties; Bring in ballast and dump ballast rock between and along the sides of 

the track; and

• Use a tamper to raise the track and tamp the ballast beneath the ties.

Mitigation Measure HYD-3: Comply with the National Pollutant Discharge Elimination System (NPDES) 

Construction General Permit

the Applicant DesertXpress Enterprises, LLC shall obtain coverage under the NPDES Construction 

General Permit. Most construction projects that disturb one acre of land or more are required to obtain 

coverage under the NPDES Construction General Permit, which require the property owner to file a 

Notice of Intent to discharge stormwater and to prepare and implement a stormwater pollution 

prevention plan (SWPPP). Implementing the requirements in the NPDES Construction General Permit 

will reduce or eliminate construction-related water quality effects. the Applicant DesertXpress 

Enterprises, LLC shall ensure that construction activities comply with the conditions in this permit, which 

will require preparation of a stormwater pollution prevention plan (SWPPP), implementation of BMPs 

identified in the SWPPP, and monitoring to ensure that effects on water quality are minimized. 

the Applicant DesertXpress Enterprises, LLC shall implement the SWPPP. The implementation of the 

SWPPP in the design-build Project design plans will reduce the likelihood that stormwater will carry any 

spilled contaminants to water channels and reduce construction related impacts.

Mitigation Measure HYD-4: Implement Spill Prevention, Control, and Countermeasure Plan

Prior to beginning any construction activity, the Applicant DesertXpress Enterprises, LLC shall develop a 

spill prevention, control, and countermeasure plan (SPCCP) to prevent accidental releases of chemicals 

that are stored on site and measures to use in the case of a spill. The BMPs described in this plan shall 

apply to construction activities and operation activities.

the Applicant DesertXpress Enterprises, LLC shall implement appropriate hazardous material 

management practices identified in the SPCCP to reduce the potential for chemical spills or releases of 

contaminants, including any non-stormwater discharge to drainage channels. If a spill occurs, cleanup, 
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containment, and response measures in the SPCCP shall be implemented by the Applicant DesertXpress 

Enterprises, LLC. 

The Federal reportable spill quantity for petroleum products, as defined at 40 CFR 110, is any oil spill 

that (1) violates applicable water quality standards, (2) causes a film or sheen upon or discoloration of 

the water surface or adjoining shoreline, or (3) causes a sludge or emulsion to be deposited beneath the 

surface of the water or adjoining shorelines.

If a spill is reportable, a superintendent shall notify appropriate agencies and the contractor will need to 

take action to contact any other appropriate safety and clean-up crews to ensure the SPCCP is followed. 

A written description of reportable releases shall be submitted to the appropriate agency. This submittal 

shall include a description of the release, including the type of material and an estimate of the amount 

spilled, the date of the release, an explanation of why the spill occurred, and a description of the steps 

taken to prevent and control future releases. The release shall be documented on a spill report form.

Mitigation Measure HYD-5: Proper Design of Drainage Systems

Most of the rail segments would not result in a large amount of impervious surface that could 

concentrate and redirect stormwater flow causing onsite erosion. Runoff from the rail alignment would 

be captured and directed to existing designated drainage features. Where necessary, DesertXpress 

Enterprises, LLC shall redesign and resize the existing drainage facilities to accommodate the potential 

increase in runoff along the rail alignment. The rail alignment shall connect with and mirror the existing 

culverts along the I-15 freeway. Where the rail alignment deviates design features deviate from the I-15 

freeway and existing drainage facilities, the Applicant DesertXpress Enterprises, LLC shall install culverts 

at natural drainage features.

However, the stations and maintenance facilities would have parking lots that could concentrate and 

redirect stormwater flows. In order to determine the adequate size of drainage facilities, the total 

increase in impervious surface of the design of the facilities shall be included in a Rational Method 

calculation (a way of calculating flow intensity) to determine the increase in peak storm discharges 

resulting from the Project. The 100-year, 24-hour storm event shall be used to determine the 

appropriate size of drainage facilities needed for the Project. Drainage facilities shall retain flows and 

not contribute to additional flows in the Mojave River or other streams and washes such that postProject stormwater flow does not exceed per-Project flow rates. This could be achieved with several 

detention basins.

Drainage facilities for both the rail alignment and station and maintenance facilities will need to be sized 

accordingly to handle adequate flow. It is important to note that when a culvert is used, the footprint of 

the rail will need to be reinforced with rip-rap, and the culvert will need to be large enough to handle 

the 100-year 24-hour storm flow so on-site flooding can be avoided. Other drainage features such as 

bridge crossings will need to be designed to avoid increases to the size of the floodplain or obstruct 

waterways during flood events. 

Virgin Trains USA shall create either a new ephemeral drainage or restore, where feasible, through the 

reestablishment of former ephemeral drainages to compensate for temporary construction impacts to 

Waters of the U.S.

In addition to all the above mitigation measures, the Applicant DesertXpress Enterprises, LLC shall also 

be required to comply with all applicable conditions and mitigation requirements that result from the 

CWA Section 404 permit and Section 401 Certification.
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Mitigation Measure HYD-6: Reduce Encroachment into the 100-Year Floodplain

When Preferred Alternative modified Project features are located within the 100-year floodplain, the 

Applicant DesertXpress Enterprises, LLC shall elevate the base elevation of rail and stations, including 

maintenance facilities or relocate them within the facility footprint or APE to avoid any impact. Portions 

of the rail alignment may utilize track support columns that are located within in the 100-year 

floodplain. Specific engineering plans and modeling, using Hydraulic Engineering Centers-River Analysis 

System (HEC-RAS), or similar, shall be completed by a registered professional engineer during the 

design-build process. Design-build Project plans shall incorporate all feasible recommendations of the 

HEC-RAS analysis. the Applicant DesertXpress Enterprises, LLC shall not increase surface water 

elevations within the 100-year floodplain.

Mitigation Measure HYD-7: No Storage of Construction Equipment or Materials within the 100-Year 

Floodplain

The Applicant DesertXpress Enterprises, LLC shall not store construction equipment or materials within 

the limits of influence that are located in areas of the 100-year floodplain so as to avoid redirecting in a 

manner that would redirect 100-year flood flows that could cause structural damage or pose a safety 

risk to workers.

Mitigation Measure HYD-8: Minimize Impact of OMSF 2 on Water Resources

During the design-build process for Segment 1, the Victorville OMSF tracks and facilities shall be 

designed by the Applicant to avoid or bridge over the two small washes that feed into the Bell Mountain 

Wash.

• Mitigation Measure HYD-8 was specific to the Victorville Station 3B and OMSF 2 tracks and 

facilities, which are no longer under consideration. 

Mitigation Measure HYD-9: Minimize Impacts of Temporary Construction Areas Autotransformers 7 

and 11 on Water Resources 

During the design-build process for Segment 3, the Applicant DesertXpress Enterprises, LLC shall locate

temporary construction areas at the locations of autotransformers 7 and 11 analyzed in the 

DesertXpress EIS within the limits of influence to avoid Telephone Wash and Kali Ditch, respectively, and 

to avoid other water resources.

Mitigation Measure HYD-10: Minimize Impacts on Water Availability

The Applicant DesertXpress Enterprises, LLC shall obtain water from existing commercially available 

water sources during construction. The Applicant DesertXpress Enterprises, LLC shall not develop new 

groundwater wells or surface water impoundments without subsequent environmental review as well 

as Federal, state and local permits as appropriate and legally required.

6.1.1 ADDITIONAL MITIGATION MEASURES

In addition to the mitigation measures described in this section, the biological resources mitigation 

measures listed below would result in the protection of water resources. Refer to the Biological 

Resources Technical Report for the full text of these mitigation measures. 

• Mitigation Measure BIO-1: Conduct Mandatory Environmental Awareness Training Program

• Mitigation Measure BIO-3: Conduct Construction Monitoring
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• Mitigation Measure BIO-5: Confine Construction Equipment to a Designated Work Zone (Including 

Access Roads) at Each Project Site

• Mitigation Measure BIO-19: Construct Exclusion Fencing, Culverts to Sustain Hydrologic Function, 

and Provide Wildlife Crossings
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