DESERTXPRESS ENTERPRISES, LLC/XPRESSWEST HIGH-SPEED TRAIN FEDERAL RAILROAD ADMINISTRATION

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Attachment I: Mitigation Measure Summary

1.0 Introduction

This summary lists the mitigation measures for the DesertXpress Enterprises, LLC XpressWest HighSpeed Train (DesertXpress) Project as provided in the Record of Decision for the DesertXpress HighSpeed Passenger Train (DesertXpress ROD). Updates and revisions to mitigation measures have been 

made to reflect the passage of time, Project modifications, updated regulations, and the current 

environmental conditions in the modified Project study area. Revisions to mitigation measures are 

included as strikeout underline following the applicable measure. Explanations of deleted mitigation 

measures are provided in bold. 

1.1 LAND USE, COMMUNITY, AND ENVIRONMENTAL JUSTICE

Mitigation Measure LU-1: Rail Alignment Design in One-Engine Inoperative Zones near McCarran Las 

Vegas International Airport 

During the design-build process of Project plans in the vicinity of McCarran International Airport (LAS), 

the Applicant shall coordinate with the Federal Aviation Administration (FAA) and the Clark County 

Department of Aviation (CCDOA), and airlines operating at the airport to avoid impacts to the oneengine inoperative zones and departure conditions under FAA standards. Consistent with Paragraph 6-3-

1.b of FAA Order 7400.2G, the Project shall not penetrate the 62.5:1 Obstruction Identification Surface 

(OIS) at LAS. The Applicant shall provide FRA with written verification of the agreement with the 

Manager of the FAA’s Flight Standards Division, Western-Pacific Region and the CCDOA prior to 

completion of Project designs for the affected portion of Segment 6B relevant portions of the Project. 

Mitigation Measure LU-2: Rail Alignment Design in Existing and Planned Runway Protection Zones

During the design-build process, the Applicant DesertXpress Enterprises, LLC shall coordinate with the 

FAA regarding any existing and planned airport uses and established Runway Protection Zones. The 

Applicant DesertXpress Enterprises, LLC shall obtain a Part 77 determination from the FAA to confirm 

that the Project does not present a hazard to air navigation.

Mitigation Measure LU-3: DRECP Land Use Plan Amendment Conservation and Management Action 

Compliance

DesertXpress Enterprises, LLC shall coordinate with BLM to identify if any portions of the modified 

Project would encounter lands regulated by BLM under the DRECP LUPA-designated plan area and 

determine if any CMAs outlined in the LUPA would apply to the Project in these areas. Applicable CMA 

requirements shall be incorporated into the final Project design prior to construction on all land under 

BLM management regulated by the DRECP LUPA.

1.2 GROWTH

Voluntary Mitigation Measure GRO-1: Voluntary Applicant Coordination with City of Barstow and San 

Bernardino County for Employment 

The Preferred Alternative includes Victorville OMSF 2 an OMSF site at the Dale Evans Station, which 

would be located less than 20 miles south of Barstow. The Preferred Alternative Victorville OMSF in 
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Apple Valley will require hundreds of skilled railroad labor. The Applicant DesertXpress Enterprises, LLC

will coordinate with the appropriate City of Barstow and San Bernardino County economic development 

departments to ensure job opportunities at the maintenance facility are made available to Barstow 

residents. 

In addition to permanent jobs during operations, preliminary planning has identified Barstow as a key 

location for staging and construction support services during the construction, testing, and commissions 

phases of the Preferred Alternative. The Applicant DesertXpress Enterprises, LLC will work with the City 

of Barstow to ensure its residents are informed of job opportunities both during construction and 

operation of the Preferred Alternative. The Applicant DesertXpress Enterprises, LLC will also work closely 

with the City of Barstow to identify appropriate and beneficial construction and staging activities to be 

located within the City. Additionally, the Applicant DesertXpress Enterprises, LLC will work with the City 

to identify and jointly develop programs for job training and technical skills training to support the 

Project in all phases of design, construction, testing, and commissioning, and operations.

Voluntary Mitigation Measure GRO-2: Voluntary Applicant Coordination for Land Use Planning

The Applicant DesertXpress Enterprises, LLC voluntarily commits to work with local land use planning 

authorities to encourage implementation of transit oriented and master planned development at the 

selected station site and surrounding areas; and will work with local transit providers to facilitate 

intermodal connections where practicable.

1.3 FARMLANDS AND GRAZING LANDS

Mitigation Measure FAR-1: Direct and Indirect Conversion of Protected Farmland 

Prior to beginning ground disturbance and construction that could indirectly affect farmlands in the 

vicinity of Newberry Springs the Applicant shall provide documentation of the acquisition of 

conservation easement(s) over agricultural lands of equal quality to mitigate for direct and indirect 

impacts related to the permanent conversion of protected agricultural lands (Prime Farmlands, Unique 

Farmlands, and Farmlands of Statewide and/or Local Importance). This conservation easement(s) shall 

provide for the conservation of agricultural uses in perpetuity, and be held in trust by a public agency or 

other appropriate entity. These easements shall be located within the limits of San Bernardino County. 

Lands to be placed under conservation easement shall be procured on a ratio of 1 acre for each 1 acre of 

protected farmland converted directly or indirectly to non-agricultural use.

• Mitigation Measure FAR-1 would no longer apply to the Project as the modified Project would not 

result in direct or indirect conversion of projected farmland.

Mitigation Measure FAR-2: Livestock Access to Water

Prior to ground disturbance and construction of the Victorville Dale Evans Station and OMSF site, and 

Segment 4C the Applicant DesertXpress Enterprises, LLC shall consult with the BLM’s range resource 

managers to determine if the Project will affect livestock access to water on grazing lands. If the BLM’s 

range resource managers determine that construction would block livestock access to critical water 

sources, the Applicant DesertXpress Enterprises, LLC shall provide alternative water sources as approved 

by the BLM. Alternatively, the Applicant shall implement Mitigation Measure FAR-6.

• Mitigation Measure FAR-6 was not included in the DesertXpress ROD, although the above text 

reference remained. This reference has been removed to avoid confusion.
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Mitigation Measure FAR-3: Fencing and Gate Modifications

Prior to ground disturbance and construction of the Victorville Dale Evans Station Site and OMSF site

and Segment 4C, the Applicant DesertXpress Enterprises, LLC shall coordinate with the BLM’s range 

resource managers and permittees to locate range improvements that might require special attention 

when fencing or gates are modified. Gates that do not require removal shall be closed directly after 

construction traffic has passed through them. The Applicant DesertXpress Enterprises, LLC shall replace 

all range improvements damaged or removed during construction activities as determined necessary by 

the BLM.

Mitigation Measure FAR-4: Provide Adequate Cattle Access in Areas of the Joint NPS/BLM Grazing 

Allotment

Prior to ground disturbance and construction associated with Segment 4C, the Applicant shall 

incorporate into design-build plans for this Segment adequate cattle undercrossings to allow movement 

of cattle within the joint BLM/NPS grazing allotment. The location, number and design of the crossings 

shall be reviewed and approved by the General Manager of the Mojave National Preserve. Alternatively, 

the Applicant shall implement Mitigation Measure FAR-6.

• Mitigation Measure FAR-4 would no longer apply to the Project as the modified Project does not 

carry forward Segment 4C and would not result in restrictions to grazing allotments. 

Mitigation Measure FAR-5: Purchase Grazing Allotment

Prior to construction, the Applicant DesertXpress Enterprises, LLC shall purchase the rights to the grazing 

allotment(s) directly affected by the Ivanpah Electrical Substation VV3, and the Dale Evans Station and

OMSF site 2, and Segment 4C and discontinue grazing activities if determined necessary, based on 

implementation of Mitigation Measure FAR-3 and Mitigation Measure FAR-5. The purchase of the rights 

and discontinuing of grazing activities shall be reviewed and approved by the BLM and the General 

Manager of the Mojave National Preserve, as appropriate.

1.4 UTILITIES/EMERGENCY SERVICES

Mitigation Measure UTIL-1: Payment of connection and or user/service/tipping fees 

The Applicant DesertXpress Enterprises, LLC shall bear the costs of any needed connections to utilities 

and service systems, as well as any usage fees, according to fee schedules as may be established by each 

utility/service system. Where such fees have not been established, the Applicant DesertXpress 

Enterprises, LLC shall enter in development agreements with the controlling utility/service system. This 

shall also include fees associated with any required annexations to utilities or service districts.

Mitigation Measure UTIL-2: Minimize water usage through the incorporation of water saving devices 

wherever required or feasible; require drought-tolerant landscaping at all facilities 

Regarding anticipated water usage in California, the Applicant DesertXpress Enterprises, LLC, in 

coordination with the Victorville Water Department, shall prepare a Water Supply Assessment.

Wherever feasible, the Applicant DesertXpress Enterprises, LLC shall ensure that design-build plans 

incorporate low water usage practices, including in restrooms and landscaping. Low water usage 

practices for landscaping shall feature drought-tolerant and/or xeriscape plantings that will minimize 

and/or avoid the need for any landscape watering.
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Mitigation Measure UTIL-3: Obtain a water commitment from the Las Vegas Valley Water District 

during the design phase 

Regarding anticipated water usage in Nevada, prior to construction of any facilities in Nevada, the 

Applicant DesertXpress Enterprises, LLC shall obtain a water commitment from the Las Vegas Valley 

Water District (LVVWD). The LVVWD has indicated that anticipated water demand associated with the 

proposed action would not exceed regional projections. However, LVVWD will not provide any Applicant 

with an assurance of water availability until the Applicant DesertXpress Enterprises, LLC obtains a “water 

commitment” from LVVWD to ensure that the proposed action would be served by enough water for 

usage and to meet fireflow requirements.

Mitigation Measure UTIL-4: Rail segments within freeway rights-of-way shall tie into existing freeway 

stormwater conveyance devices 

In developing and refining design-build plans for the Project, the Applicant DesertXpress Enterprises, LLC

shall coordinate with the state transportation agencies in California and Nevada to ensure that Project 

rail alignments connect to existing stormwater discharge facilities. Along the I-15 corridor, stormwater is 

discharged from roadways and median areas primarily through culverts or natural and/or manmade 

channels. New rail segments within the freeway corridor will have the potential to generate additional 

stormwater requiring discharge. Wherever the addition of Project-generated stormwater would exceed 

the capacity of existing discharge facilities, the Applicant DesertXpress Enterprises, LLC shall either fund 

the upsizing of existing facilities or create new facilities that comply with local stormwater regulations.

The Applicant DesertXpress Enterprises, LLC shall incorporate all such changes into design-build plans for 

the Project. 

Mitigation Measure UTIL-5: Develop appropriate stormwater conveyance structures/systems at 

station and maintenance facility sites, as well as points along railroad segments, where it is not 

possible to connect to existing systems 

Where it is not possible to connect to existing systems, the Applicant DesertXpress Enterprises, LLC shall 

coordinate with the local agencies to develop appropriate stormwater conveyance structures/systems in 

the areas of the proposed improvements. All of the components that comprise the Project have the 

potential to generate additional stormwater requiring discharge. The Applicant DesertXpress 

Enterprises, LLC shall fund the development of facilities for the Project that comply with local 

stormwater regulations.

Mitigation Measure UTIL-6: Payment of impact fees for police, fire, and emergency services 

The Applicant DesertXpress Enterprises, LLC shall pay any appropriate development impact fees 

established by the affected agencies at the time the Applicant DesertXpress Enterprises, LLC seeks a 

permit to construct to support the incremental demand for additional police, fire, and emergency 

services at proposed stations and maintenance facilities, as well as along rail alignments in times of 

emergencies, created by the Project. Where such fees have not been established, the Applicant

DesertXpress Enterprises, LLC shall enter in development agreements with the appropriate entities. 

Mitigation Measure UTIL-7: Develop a comprehensive emergency operations plan 

The Applicant DesertXpress Enterprises, LLC shall develop and implement an emergency preparedness 

plan that complies with the provisions set forth in FRA’s most current Guide to Developing a Passenger 
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Train Emergency Preparedness Plan. This plan shall set forth protocols in the event of train derailments 

and other catastrophic events. The Applicant DesertXpress Enterprises, LLC shall be responsible for 

conducting briefings and/or trainings on the plan with all appropriate employees, as well as with 

representatives of local first responders and transportation agencies. This may include a training of local 

first responders regarding proposed rail facilities, including train sets, any catenary structures, and other 

unique features. The plan shall set forth appropriate lines of communication in the event of emergency 

events. The plan shall specifically identify protocols in the event an emergency involving a train 

derailment and blockage of any freeway lanes, an emergency in the proposed tunnels within Segment 

4C, and emergencies involving loss of locomotive power.

The Applicant DesertXpress Enterprises, LLC shall file one copy of the proposed emergency 

preparedness plan with the FRA’s Associate Administrator for Railroad Safety/Chief Safety Officer not 

less than 45 days prior to commencing the passenger train service. The FRA will conduct a review of the 

proposed plan to determine whether the elements prescribed in 49 CFR 239 are sufficiently addressed 

and discussed in the proposed plan. The FRA must issue a final approval letter to the Applicant

DesertXpress Enterprises, LLC prior to opening services to the public.

Mitigation Measure UTIL-8: Avoid or minimize conflicts with existing utility infrastructure 

The Applicant DesertXpress Enterprises, LLC shall implement the measures listed below to avoid or 

minimize potential adverse effects to water, wastewater, communications, local gas pipelines, and other 

physical facilities that the proposed rail alignments and/or stations would cross. 

• Water utilities: Protect pipelines/canals in place; span any crossings of open canals. 

• Local natural gas distribution systems: Protect/encase pipelines in place; utilize alternating current 

since the EMU locomotive option was selected. 

• Fiber optic/communications lines: Protect line, as appropriate 

• If the adjustment or relocation of any existing utility or pipeline or any permitted encroachment is 

unavoidable, the Applicant DesertXpress Enterprises, LLC shall be responsible for all costs to the 

utility facility. 

• Additional mitigation for electrical transmission lines and major petroleum pipelines is provided 

below. 

• Electrical transmission lines: Throughout the design-build process, the Applicant DesertXpress 

Enterprises, LLC shall continue to coordinate closely with all electric utilities to ensure that designbuild Project plans incorporate requirements that may be set forth for development beneath 

electrical transmission lines. 

• When grading activity affects access roads associated with the Los Angeles Department of Water 

and Power (LADWP) transmission line, the Applicant DesertXpress Enterprises, LLC shall replace the 

affected sections of access roads using the LADWP's Access Road Design Criteria. 

• Petroleum pipelines: Throughout the design-build process, the Applicant DesertXpress Enterprises, 

LLC shall continue to coordinate with pipeline companies to ensure that design-build Project plans 

incorporate measures to encase/protect all pipelines as needed to minimize any possible conflict, 

including any possible concerns about stray electrical current. 
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1.5 TRAFFIC

Mitigation Measure TRAF-1: Victorville Station Site Option 3 Dale Evans Station and OMSF site

The Applicant DesertXpress Enterprises, LLC shall be responsible to contribute to in full for these 

mitigations equal to their fair share of the adverse effect as determined by the appropriate jurisdictional 

authority (the California Department of Transportation, District 8; and/or the City of Victorville, and/or 

San Bernardino County): 

• Intersection 1: I-15 Northbound Ramps/Dale Evans Parkway

o Opening Year: Add two northbound left turn lanes

o 2030: Add northbound left turn lane

• Intersection 2: I-15 Southbound Ramps/Dale Evans Parkway

o Opening Year: Add eastbound right turn lane; add second westbound through lane; add 

westbound left turn lane

o 2030: Add second eastbound right turn lane

• Intersection 3: Station Access #1/Dale Evans Parkway

o Opening Year: Signalize; add second westbound left turn lane

o 2030: N/A

• Intersection 5: Future Street/Dale Evans Parkway

o Opening Year: Signalize; add second westbound left turn lane

o 2030: Add third westbound left turn lane

• Intersection 7: Future Street/Station Access #4

o Opening Year: Signalize

o 2030: N/A

• Intersection 1: Dale Evans Parkway / I-15 Southbound Ramps

o Opening Year: Signalize

o Future Year (2042): Restripe westbound approach from 1-0-2-0-0 to 1-1-1-0-0; widen southbound 

departure (on-ramp) with second receiving lane, merging back into a single-lane on-ramp 

downstream of the intersection

• Intersection 2: Dale Evans Parkway / I-15 Northbound Ramps

o Opening Year: Signalize

o Future Year (2042): Widen and restripe northbound approach from 1-0-0-1-0 to 0-1-0-0-2 

• Intersection 3: Dale Evans Parkway / North Station Access Road

o Opening Year: Construct as new signalized intersection; design northbound (station access road) 

approach with 1-0-0-0-1 

o Future Year (2042): Widen and / or restripe northbound (station access road) approach to 2-0-0-0-

1; widen and restripe eastbound approach from 0-0-1-1-0 to 0-0-1-1-1 and restripe westbound 

approach as 1-0-2-0-0 

• Intersection 5: Dale Evans Parkway / Colusa Road

o Opening Year: Pave Colusa Road between Dale Evans Parkway and Willow Springs Road

o Future Year (2042): Signalize; widen southbound approach from 1-0-1-1-0 to 1-0-2-0-1; widen

eastbound and westbound approaches from 0-0-1*-0-0 to 1-0-0-1-0 

DesertXpress Enterprises, LLC shall also be responsible for contribution toward the widening of the 

southbound on-ramp to provide two on-ramp lanes at the merge junction with the mainline. This would 

be achieved by extending the second receiving lane from the intersection with Dale Evans Parkway all 
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the way downstream, removing the merge to a single-lane on-ramp south of the intersection. 

DesertXpress Enterprises, LLC’s contribution shall be equal to the Project’s “fair share” of the adverse 

effect as determined by the appropriate jurisdictional authority. 

Mitigation Measure TRAF-2: Las Vegas Southern Station Warm Springs Station 

The Applicant DesertXpress Enterprises, LLC shall be responsible in full for these mitigations:

Intersection 1: South Las Vegas Boulevard / Hidden Well Road

o Opening Year: Provide advance signage and lane markings to pre-position traffic making the 

northbound left turn movement for northbound I-15 freeway and westbound I-215 freeway

o Future Year (2042): N/A

• Intersection 5: South Las Vegas Boulevard / East Eldorado Lane

o Opening Year: Signalize; design eastbound (station access road) approach with 2-0-0-1-0; widen 

and restripe southbound approach from 1-0-3-0-0 to 2-0-3-0-1; widen and restripe northbound 

approach from U-0-2-1-0 to 2-0-2-1-0; restripe westbound approach from 1-0-0-0-1 to 1-0-0-1-0 

o Future Year (2042): N/A

• Intersection 7: South Las Vegas Boulevard / East Robindale Road

o Opening Year: Signalize; design eastbound (station access road) approach with 2-0-0-1-0; widen 

and restripe southbound approach from 1-0-3-0-0 to 2-0-3-0-1; widen and restripe northbound 

approach from 0-0-2-1-0 to 2-0-2-1-0; widen and restripe westbound approach from 1-0-0-0-1 to 

1-0-1-0-1 

o Future Year (2042): N/A

If the Las Vegas Southern Station is constructed, The Applicant DesertXpress Enterprises, LLC shall be 

responsible to contribute to these mitigations equal to their fair-share of the adverse effect as 

determined by the appropriate jurisdictional authority (the Nevada Department of Transportation 

and/or Clark County):

• Intersection 1: South Las Vegas Boulevard / Hidden Well Road (East Maule Avenue)

o Opening Year: N/A

o Future Year (2042): Add 1 westbound left-turn lane

• Intersection 2: South Las Vegas Boulevard / George Crockett Road

o Opening Year: Add 1 eastbound right-turn lane

o Future Year (2042): Add 1 southbound receiving lane for eastbound right-turn movement from 

George Crockett Rd.

• Intersection 3: South Las Vegas Boulevard / Warm Springs Road

o Opening Year: Prohibit northbound and southbound U-turn movements; provide permissive and 

overlap right-turn phasing for eastbound and westbound approaches

o Future Year (2042): Prohibit eastbound and westbound U-turn movements; provide permissive 

and overlap right-turn phasing for northbound and southbound approaches; add 1 southbound 

receiving lane for right-turn movement from Warm Springs Blvd., continuing up to Intersection #5 

(E. Eldorado Ln.)

• Intersection 4: South Las Vegas Boulevard / East Mardon Avenue

o Opening Year: Convert Premium Outlets driveway to right-in / right-out only; provide hard median 

and divert U-turn and left-turn movements to Intersection #5 (E. Eldorado Ln.)

o Future Year (2042): N/A

• Intersection 6: South Las Vegas Boulevard / East Maulding Avenue
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o Opening Year: Convert Premium Outlets driveway to right-in / right-out only; provide hard median 

and divert U-turn and left-turn movements to Intersection #5 (E. Eldorado Ln.)

o Future Year (2042): N/A

• Intersection 9: South Las Vegas Boulevard / East Windmill Lane / Blue Diamond Road

o Opening Year: Add 1 westbound receiving lane for right-turn movement from S. Las Vegas Blvd; 

provide permissive and overlap right-turn phasing for southbound approach

o Future Year (2042): Add 1 westbound right-turn lane; restrict all U-turn movements; elevate all 

crosswalks; provide free control for southbound right-turn movement; provide protected and 

overlap right-turn phasing for northbound, eastbound, and westbound approaches

• Intersection 10: Blue Diamond Road / I-15 Northbound Ramps

o Opening Year: N/A

o Future Year (2042): Restripe northbound approach from 1-1-0-0-1 to 1-0-1*-0-1 

• Intersection 1: Tropicana/ Valley View

o Opening Year: Add exclusive southbound free right turn lane.

o 2030: Add exclusive westbound right turn lane; add second southbound left turn lane.

• Intersection 2: Tropicana/Dean Martin Drive-Industrial

o Opening Year: Optimize signal offset along Tropicana

o 2030: Add fourth eastbound through lane; add fourth westbound through lane.

• Intersection 3: Tropicana/I-15 NB Ramps

o Opening Year: N/A

o 2030: Add second northbound right turn lane.

• Intersection 6: Hacienda/Polaris

o Opening Year: Signalize this intersection.

o 2030: N/A

• Intersection 7: Hacienda/Valley View

o Opening Year: N/A

o 2030: Add second eastbound left turn lane; add exclusive eastbound right turn lane; add third 

eastbound through lane; add exclusive westbound right turn lane; add third westbound through 

lane; add second northbound left turn lane; add third northbound through lane.

Mitigation Measure TRAF-3: Las Vegas Central Station B

If the Las Vegas Central Station B is constructed, the Applicant shall be responsible to contribute to 

these mitigations equal to their fair-share of the adverse effect as determined by the appropriate 

jurisdictional authority (the Nevada Department of Transportation and/or Clark County):

• Intersection 1: W. Flamingo Road/Hotel Rio Drive

• Opening Year: Add fourth eastbound through lane.

• Add second westbound left turn lane.

• Add fourth westbound through lane.

• Add second northbound right turn lane.

• 2030: Stripe existing northbound through lane as a share through/right turn lane.

• Intersection 3: W. Flamingo/I-15 NB ramps

• Opening Year: N/A

• 2030: Add fourth westbound through lane.

• Intersection 4: Hotel Rio Drive/Dean Martin Drive

• Opening Year: Modify eastbound right turn to have overlap phasing.

• 2030: Add second northbound left turn lane.

• Intersection 7: W. Tropicana Avenue/Dean Martin Drive
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• Opening Year: Add exclusive eastbound right turn lane.

• Add exclusive westbound right turn lane.

• Add exclusive northbound right turn lane.

• Add third southbound left turn lane.

• 2030: Add fourth eastbound through lane.

• Add fourth westbound through lane.

• Intersection 9: Tropicana Avenue/I-15 NB Ramp

• Opening Year: N/A

• 2030: Add second northbound right turn lane.

• Mitigation Measure TRAF-3 is no longer applicable because the Las Vegas Central Station B is no 

longer part of the Project. 

Mitigation Measure TRAF-4: Conduct a Design Review within the Parameters Defined in the Highway 

Interface Manual

The Applicant DesertXpress Enterprises, LLC shall coordinate with the State Departments of 

Transportation, FHWA division offices, and FRA for the design review and approval of specific Project 

components within the existing I-15 right-of-way. The design review shall be conducted within the 

parameters defined in the Highway Interface Manual (incorporated in the Final EIS as Appendix F-B). The 

procedures for the design review shall be agreed to by the Applicant DesertXpress Enterprises, LLC and 

transportation agencies in a separate agreement. 

The design review shall be used to determine the following:

• Permanent placement of visual barriers from a motorist perspective;

• Need for standard highway work area traffic control measures both within and beyond the clear 

zone; and

• Appropriate protocols for access to the railroad from I-15, for operations, maintenance, or 

operations, and to ensure the ability to meet codes.

Project components within the I-15 freeway right-of-way that require approval by the highway agencies 

for traffic safety, and to avoid vehicle intrusion into the railroad right-of-way, include the following: 

• Clear zone modifications

• Barriers

• Bridges and tunnels

• Vertical clearance

• Retaining walls

• Drainage

• Median crossings

• Sight distance

• Security plans

• Fencing

• Visual screening

• Locked-gate access

• Temporary construction access

• Freeway interchanges or ramps and modifications

• Signing and striping
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• Emergency preparedness plans

• Emergency crossovers

1.6 VISUAL RESOURCES

Mitigation Measure VIS-1: Rail Features

Per Mitigation Measure TRAF-4, DesertXpress Enterprises, LLC shall submit the design of rail features 

within the I-15 freeway right-of-way to the State Departments of Transportation, the FHWA division 

offices, and the FRA shall review the design of rail features within the I-15 freeway right-of-way. The 

Applicant DesertXpress Enterprises, LLC shall ensure that design-build Project plans include design rail 

features, including pillars, raised track, trains, catenary structures, crash barriers, and embankments to 

blend with or represent the surrounding desert environment consistent with State Departments of 

Transportation design guidelines and the Project and Aesthetic Master Plan Concept. The Applicant

DesertXpress Enterprises, LLC shall create the features in muted desert earth colors and avoid bright 

colors and highly reflective materials. The Applicant DesertXpress Enterprises, LLC shall design in the 

design-build process certain rail features to include visual treatments and/or elements that create a 

sense of place and a memorable experience for both motorists and pedestrians. Aesthetic treatment will 

be included on concrete median barriers, including color, texture, and patterns, that are consistent with 

the Nevada Department of Transportation (NDOT) Aesthetic Master Plan Concept in Nevada and the 

Project and Aesthetic Master Plan Concept in California. All visible concrete structures and surfaces will 

be designed to visually blend with the adjacent landscaping and natural plantings. Concrete shall be 

embossed with symbols or patterns, where appropriate, which create a visual link between rail features 

and the surrounding communities and/or the non-urbanized landscape. Rock slope protection will be 

designed to consist of aesthetically pleasing whole material with a variety of sizes. To deter graffiti, 

textures will be included on walls and surfaces and/or antigraffiti coatings on all walls, barriers, and 

bridges. Where feasible, vine plantings will be included on walls to also deter graffiti.

In coordination with the State Departments of Transportation, the FHWA division offices, and the FRA, 

design-build plans shall incorporate visual screening on the top of crash barriers along the entire rail 

corridor to mitigate any mitigation measures will be included in the rail corridor design, construction 

and/or the rolling stock to address potential visual distraction to motorists from the trains and oncoming

train lights. Coordination with the above agencies shall establish specific details regarding the type of 

screening mitigation and may also identify locations where such screening is not necessary and thus 

would not need to be included in design-build plans. for physical screening. 

Mitigation Measure VIS-2: Victorville Dale Evans Station Features

The Applicant DesertXpress Enterprises, LLC shall ensure that design build plans for the Victorville Dale 

Evans Station and its associated elements, such as the parking garages and pedestrian walkways, 

incorporate architecture, muted earth colors, and landscaping that reflect the surrounding nonurbanized aesthetic consistent with the Project and Aesthetic Master Plan Concept. The landscaping 

plan shall include the use of drought resistant desert plants, gravels, and stone boulders. Pedestrian 

elements such as pathways and portals in both the station building and the associated garages shall 

incorporate desert elements such as landscaping, muted earth colors, and the use of desert-related 

symbols and patterns. Signage shall be consistent with the scale and character of the site and 

surroundings and avoid the use of highly reflective materials or bright neon lights.
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Mitigation Measure VIS-3: Maintenance Facility Features

The Applicant DesertXpress Enterprises, LLC shall ensure that design build plans for the maintenance 

facilities in California and Nevada are aesthetically appropriate for the surrounding non-urbanized 

landscapes through the use of muted earth colors and desert landscaping. The use of highly reflective 

materials shall be avoided. Concrete may be embossed with desert symbols and patterns. Coordination 

with the District Landscape Architect and Caltrans Maintenance will occur to develop and implement 

plans that include Caltrans Maintenance access roads through the landscape so that these elements are 

integral to the overall design.

Mitigation Measure VIS-4: Contour Grading

Where feasible, the design-build Project plans shall employ contour grading techniques to reduce the 

visual appearance of cuts and fill slopes. Grades, When outside the median, grades, cuts, and fills shall 

be shaped so as to appear consistent and continuous with the natural landscape forms.

Infiltration/detention basins will be designed so that they appear to be a natural landscape feature, such 

as a dry streambed or a riparian pool. These elements will be shaped in an informal, curvilinear manner 

to the greatest extent possible.

Mitigation Measure VIS-5: Light and Glare Reduction

The Applicant DesertXpress Enterprises, LLC shall ensure that design-build Project plans for lighting at 

stations and maintenance facilities outside of the metropolitan Las Vegas area and cities in the California 

portion of the Project minimize disruption of the natural dark at night. The final lighting plan for these 

stations and maintenance facilities shall incorporate light and glare screening measures such as the use 

of plantings to screen well-lit areas, use of downward cast lighting, and the use of motion sensor lighting 

where appropriate, and soft lighting to coincide with muted finishes in the desert landscape. Plans will 

be developed and implemented that incorporated slope rounding, variable gradients, and similar 

techniques to the surrounding topography of any basin slope to de-emphasize the age. If a wall or hard 

feature is necessary, its design must appear integral to the overall design concept.

Mitigation Measure VIS-6: Educational Displays

Within California, the Applicant DesertXpress Enterprises, LLC shall provide interpretive displays and 

artwork in station pedestrian areas in order to create a coherent pedestrian landscape and sense of 

place. Such displays shall be consistent with pertinent guidelines of the Desert Managers Group (a 

consortium of federal and state agencies) and the Project and Aesthetic Master Plan Concept. 

Mitigation Measure VIS-7: Construction Site Management

The Applicant DesertXpress Enterprises, LLC shall maintain construction areas in an orderly manner, 

including proper containment and disposal of litter and debris to prevent dispersal onto adjacent 

properties or streets.

Mitigation Measure VIS-8: Construction Site Lighting

The Applicant DesertXpress Enterprises, LLC shall ensure construction crews working at night direct any 

artificial lighting onto the work area to minimize the spillover of light or glare onto adjacent areas. 

Where feasible, construction lighting shall be screened from viewer groups - such as motorists on the 
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freeway or residents in nearby towns and communities to prevent visible lighting overflow into the 

natural dark of the desert at night.

Mitigation Measure VIS-9: Visual Screening

The Applicant DesertXpress Enterprises, LLC shall erect visual screening along construction areas as 

appropriate to ensure safety and minimize visual intrusions.

Mitigation Measure VIS-10: Replacement of Impacted Freeway Landscaping

The Applicant DesertXpress Enterprises, LLC shall replace landscaping that will be removed during 

construction as directed by the pertinent State Department of Transportation. Landscaping in Nevada 

along the I-15 freeway shall follow NDOT’s I-15 Landscape and Aesthetics Corridor Plan, 2005. 

Landscaping in California along the I-15 shall design to be consistent with the Project and Aesthetic 

Master Plan Concept. Replacement landscaping shall occur in the median, along the shoulder, and in 

other right-of-way areas along the I-15 freeway, as appropriate, within six months of the completion of 

construction. In accordance with the NDOT’s Landscape and Aesthetics Master Plan, up to three percent 

of the total construction cost of Nevada portions of the Project may be allocated to landscape and 

aesthetic treatments, with NDOT funding the consultant cost for landscape and design. Replanting the 

corridor will not be delayed and will commence prior to the end of the construction period.

In consultation with the Caltrans District Landscape Architect, permanent irrigation system to all 

replacement plantings will be developed and implemented. All irrigation should follow the latest 

requirements for design and installation, including any requirements associated with drought, water 

restrictions, recycled water use, and water conservation as required by Caltrans. With approval of the 

District Landscape Architect, reclaimed/recycled water will be used as sources for all irrigation systems, 

where feasible, including any recycled/reclaimed water supply within 250 feet of the Project corridor. A 

three-year plant and irrigation establishment period or equivalent 1-year plant establishment plus 2-

year Establish Existing Planting period will be included as part of the construction period to provide a 

single source of maintenance through the establishment period. Plant material will be comprised of 

drought-tolerant and native species of trees and shrubs to the extent feasible. The District Landscape 

Architect will approve the location(s) and amount of plantings. Prior to the completion of construction, 

the Resident Engineer will require the Contractor to hydroseed or revegetate with container plants, 

temporarily impacted, earthen-bottom Waters of the U.S., Waters of the State, and other drainages 

with appropriate native plant species that are approved by the Caltrans District 8 Biologist. Plant species 

used in the seeding or plantings should be similar to what was present in each area prior to the impact. 

Specific revegetation criteria and plant establishment requirements may be required as part of the 

Project’s permit conditions.

1.7 CULTURAL RESOURCES AND PALEONTOLOGICAL RESOURCES

Since the 2011 PA expired, FRA re-initiated Section 106 consultation to identify potential cultural 

resource impacts associated with the modified Project. The consultation and resource identification and 

evaluation process will culminate in an agreement document that fulfills FRA’s responsibilities under 

Section 106. The mitigation measures below may be revised based on the outcome of the Section 106 

agreement document; however, this section provides standard mitigation measures that may be 

included in the Section 106 agreement document.
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Mitigation Measure CR-1: Avoidance of Archaeological Resources 

The Applicant DesertXpress Enterprises, LLC shall attempt to avoid archeological resources through 

Project design, as determined feasible in coordination with FRA and BLM. Prior to determining whether 

avoidance is feasible however, it may be necessary to conduct test excavations to determine the vertical 

and horizontal extent of resources. Once avoidance can be assured, resource location information would 

be placed on construction drawings in design build plans as locations to be monitored throughout 

construction. If during monitoring it was determined that avoidance was infeasible then the process

outlined below under Evaluation (Mitigation Measure CR-2) would be followed. 

Mitigation Measure CR-2: Evaluation 

Prior to the commencement of ground disturbing activities, the FRA shall, in consultation with the 

cooperating agencies and with the Consulting Tribes, evaluate all cultural resources located within the 

Area of Potential Effect for the Selected Alternative for eligibility for listing in the National Register of 

Historic Places. With the exception of the expedited procedures outlined within the Programmatic 

Agreement developed for the Project (as set forth in Final EIS Appendix F-H), tThe FRA and the 

cooperating agencies will follow the provisions of 36 CFR §800.4(c). Evaluation methods and criteria 

shall be consistent with the Secretary of the Interior's Standards and Guidelines for Evaluation (48 

Federal Register 44729-44738) (36 CFR Part 63). 

To the extent practicable, the FRA shall make eligibility determinations based on inventory information. 

If the information gathered in the inventory is inadequate to determine eligibility, the FRA, through its 

contractors and subcontractors, shall conduct limited subsurface testing or other evaluative techniques 

to determine eligibility. 

As needed, the FRA, in consultation with the signatories consulting parties and other cooperating 

agencies, shall develop testing plans and consolidate all testing plans into one submission per state for 

concurrence by the appropriate State Historic Preservation Officer. 

Consistent with term III.B.7 of the Programmatic Agreement for the Project, the Applicant DesertXpress 

Enterprises, LLC shall make all reasonable efforts to ensure that Native American monitor(s) designated 

by the Consulting Tribes are present during archaeological test excavation. 

Mitigation Measure CR-3: Treatment 

The FRA, in consultation with the cooperating agencies and the Consulting Tribes, shall develop one or 

more Historic Properties Treatment Plan(s) in accordance with the procedures outlined in Attachment D 

of the Programmatic Agreement for the Project (see Final EIS Appendix F-H). The FRA shall ensure 

mitigation for resources that are determined to be significant under National Register Criteria A, B, and 

C (36 CFR 60.4), such as the Historic American Buildings Survey/Historic American Engineering Record 

(HABS/HAER) program. The FRA shall follow the process outlined in the HPTP to conduct data recovery 

and any other appropriate mitigation. All archaeological work on National Register-eligible properties 

shall be conducted in accordance with “Treatment of Archaeological Properties: A Handbook” and 

“Archaeology and Historic Preservation: the Secretary of the Interior’s Standards and Guidelines.” 

Investigations shall be performed under the supervision of professionals whose education and 

experience meet or exceed the Secretary of the Interior’s “Professional Qualifications Standards.” 
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The FRA shall ensure that curation of records and other cultural materials resulting from identification 

and data recovery efforts on federal lands is handled in accordance with 36 CFR Part 79. All 

archaeological materials recovered from federal lands shall be curated in accordance with 36 CFR Part 

79 in the repository/repositories indicated in the original permit. 

No federal agency shall authorize access to lands or construction of any individual segment of the 

Project until receipt of concurrence from the appropriate State Historic Preservation Officer that the 

mitigation efforts have met the terms of the Historic Properties Treatment Plan(s) and the Section 106 

responsibilities as described in the PA have been fulfilled for that segment. 

Mitigation Measure CR-4: Monitoring 

Portions of the Area of Potential Effect for the Selected Alternative have been determined to have the 

potential for buried resources. During construction, and consistent with the terms of the PA, the 

Applicant DesertXpress Enterprises, LLC shall ensure Native American monitor(s) designated in 

consultation with the Consulting Tribes will be present within those sections identified in the Historic 

Properties Treatment Plan(s) as moderately to highly sensitive for prehistoric and historical 

archaeological deposits. The Historic Properties Treatment Plan(s) shall also outline the locations of 

monitoring, frequency and duration as well as the process to follow when monitoring results in an 

unanticipated discovery. Specifically, any unanticipated resources that are identified during monitoring 

shall be evaluated and treated in accordance with the requirements of the Historic Properties Treatment 

Plan(s) and the Programmatic Agreement for the Project (see Final EIS Appendix F-H). If human remains 

are discovered during monitoring, the regulatory requirements described above shall be followed.

Mitigation Measure CR-5: Preconstruction Meeting and Worker Awareness Training 

The Applicant DesertXpress Enterprises, LLC shall ensure that all persons meeting the Secretary of the 

Interior’s Professional Qualifications Standards who are supervising activities conducted as prescribed in 

the Programmatic Agreement for the Project (see Final EIS Appendix F-H) and all contracted field 

personnel, including construction workers, meet with one or more Consulting Tribes for a briefing on 

traditional customs and culturally sensitive protocols and procedures.

Mitigation Measure CR-6: Human Remains and Stop Work Requirement 

As described in Stipulation III.G and Attachment E of the Programmatic Agreement for the Project (see 

Final EIS Appendix F-H), tThe FRA, in consultation with the cooperating agencies, Consulting Tribes, and 

the Applicant DesertXpress Enterprises, LLC, shall develop a Native American Graves Protection and 

Repatriation Act Plan of Action (NAGPRA POA). 

The Applicant DesertXpress Enterprises, LLC shall ensure that if human remains are inadvertently 

discovered during archaeological investigation or construction activities, all ground disturbing activities 

will cease within 50 feet in all directions of human remains and the Applicant DesertXpress Enterprises, 

LLC shall immediately notify FRA. The FRA will notify the appropriate parties in accordance with the 

NAGPRA POA.

The Applicant DesertXpress Enterprises, LLC and the FRA shall treat human remains and grave goods in 

accordance with all appropriate state or federal laws. If the remains are found on state or private land 

within California, the FRA shall ensure the requirements of Public Resources Code (PRC) 5097 are met. If 
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human remains are identified on state or private land within Nevada, the FRA shall ensure the 

requirements of Nevada Revised Statutes (Section 383.160 and Section 383.170) are met.

Mitigation Measure CR-7: Annual Reporting 

Consistent with Administrative Stipulation IV.B of the Programmatic Agreement for the Project (PA; see 

Final EIS Appendix F-H), the Applicant If required by the Section 106 agreement document, DesertXpress 

Enterprises, LLC shall submit to the FRA an annual report documenting the completion status of the 

items outlined below: stipulations outlined in the PA. The Annual Report shall include, at a minimum:

• A list of all studies, reports, actions, evaluations, or monitoring reviewed or generated under the 

Stipulations of the PA. 

• Efforts to identify and/or evaluate potential historic properties, monitoring efforts, archaeological 

management assessments or research designs, and treatment of historic properties.

• Any recommendations to amend the or improve communications among the parties.

• A discussion of any inadvertent effects to historic properties occurring during the course of the year.

Consistent with the terms of the PA, tThe FRA shall ensure that the annual report is made available to 

the public and that members of the public are invited to provide comments to FRA, as well as to the 

Advisory Council on Historic Preservation and the State Historic Preservation Officers for California and 

Nevada.

Mitigation Measure CR-8: Quarterly Reporting 

The Applicant DesertXpress Enterprises, LLC shall prepare quarterly progress reports on the status of 

Project construction and submit all such reports to FRA. As lead agency, the FRA will be responsible for 

coordinating and submitting the report to Consulting Tribes (and, as necessary, cooperating agencies). 

The Quarterly report shall include, at a minimum, anticipated needs for Tribal representative monitors 

in the upcoming months.

Mitigation Measure CR-9: Further Evaluation of Geologic Units 

Before ground-disturbing activities begin, the Applicant DesertXpress Enterprises, LLC shall retain a 

qualified paleontologist as defined by the Society of Vertebrate Paleontology Conformable Impact 

Mitigation Guidelines Committee (1995) or other appropriate personnel (e.g., California licensed 

professional geologist with appropriate experience and expertise) to conduct further literature review 

and discussion with subject area experts in order to resolve the paleontological sensitivity of any 

geologic units identified in the Final EIS as “undetermined” and the areas with strata of Holocene age 

exposed at the surface. If site-specific engineering geologic or geotechnical studies for the Project 

identify additional units likely to be affected by Project construction, they shall also be evaluated for 

paleontological sensitivity under this measure. 

This information shall be used to guide mitigation requirements on a site-specific basis during 

construction and during maintenance activities that require ground disturbance, as follows.

• Mitigation Measures CR-10, CR-11, and CR-12 shall apply to all ground-disturbing construction and 

maintenance activities.

• Mitigation Measures CR-13 shall apply to all ground-disturbing construction activities that affect 

geologic units identified as highly sensitive for paleontological resources, and to all maintenance 

activities that would involve new or extended ground disturbance in highly sensitive units.
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Mitigation Measure CR-10: Preconstruction Meeting and Worker Awareness Training 

The Applicant DesertXpress Enterprises, LLC shall ensure that all construction and maintenance 

personnel receive paleontological resources awareness training that includes information on the 

possibility of encountering fossils during construction; the types of fossils likely to be seen, based on 

finds in the site vicinity; and proper procedures in the event fossils are encountered. 

Mitigation Measure CR-11: Paleontological Monitoring 

Full-time paleontological monitoring shall be conducted for all ground-disturbing activities in portions of 

the proposed rail alignment and facilities with substrate materials identified in the Final EIS as highly 

sensitive for paleontological resources. Full-time monitoring will also be required where Holocene 

materials overlie highly sensitive strata and site-specific investigations have identified the potential for 

Project activities to involve the underlying sensitive strata. 

A trained paleontological monitor shall oversee all ground-disturbing activities that affect highly 

sensitive substrate materials, as identified in the EIS, including vegetation removal, site preparation, 

construction grading and excavation, and any drilling for piers or pilings. Paleontological monitoring shall 

consist of observing operations and periodically inspecting disturbed, graded, and excavated surfaces.

The monitor shall have authority to divert grading or excavation away from exposed surfaces 

temporarily in order to examine disturbed areas more closely, and/or recover fossils. The responsible 

paleontologist shall coordinate with the construction manager to ensure that monitoring is thorough 

but does not result in unnecessary delays. 

If additional personnel are needed for effective monitoring, the responsible paleontologist may train 

other consultant or in-house staff in paleontological monitoring. Once training is complete, individuals 

trained by the qualified paleontologist may then monitor the proposed Project construction 

independently, and shall have the same responsibilities as described above.

Mitigation Measure CR-12: Stop Work Requirement 

If fossil materials are discovered during any Project-related activity, including but not limited to Project 

grading and excavation, all ground-disturbing work in the vicinity of the find shall stop immediately until 

the responsible paleontologist can assess the nature and importance of the find and recommend 

appropriate treatment. Assessment shall occur in a timely manner, and recommendations for treatment 

shall be consistent with practices of the Society of Vertebrate Paleontology Conformable Impact 

Mitigation Guidelines Committee (1995). Treatment may include preparation and recovery of fossil 

materials so that they can be housed in an appropriate museum or university collection, and may also

include preparation of a report for publication describing the finds. If no report is required, the Applicant

DesertXpress Enterprises, LLC will nonetheless ensure that information on the nature, location, and 

depth of all finds is readily available to the scientific community. The responsible paleontologist and all 

paleontological monitors shall be empowered to temporarily halt or redirect the excavation equipment 

away from fossils to be salvaged.

Mitigation Measure CR-13: Fossil Recovery and Curation 

If fossil materials are discovered during Project-related activities, the responsible paleontologist shall 

determine whether recovery and curation is warranted, and shall be empowered to confer with local 

area experts as needed to arrive at a determination. All materials warranting recovery shall be stabilized 
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on the site and then salvaged consistent with currently accepted procedures and the prevailing standard 

of care for paleontological excavations. The responsible paleontologist shall coordinate with the 

construction manager to ensure that specimen recovery proceeds in a timely manner. 

Recovered fossils shall be prepared for identification consistent with currently accepted procedures and 

the prevailing standard of care. They shall then be identified by competent specialists, potentially 

including, but not necessarily limited to, the responsible paleontologist. If possible, identification shall 

include genus, species, and, if applicable, subspecies. If species-level identification is not feasible, the 

maximum feasible level of specificity shall be provided. The fossil assemblage shall then be analyzed by 

stratigraphic occurrence and any other applicable parameters, such as size, taxa present, and/or 

taphonomic conditions. A faunal list shall be developed. 

Any specimens (fossils) of paleontological significance found during construction shall be temporarily 

housed in an appropriate museum or university collection. If curation is required, the responsible 

paleontologist shall develop appropriate curation agreements, consistent with applicable protocols and 

the prevailing standard of care. 

The responsible paleontologist shall prepare a final report that includes at least the following 

components:

• Information on site geology and stratigraphy, including a stratigraphic column;

• A description of field and laboratory methods;

• A faunal list, with stratigraphy ranges/occurrences for each taxon;

• A concise discussion of the significance of the site and its relationship to other nearby and/or similar 

fossil localities;

• A list of references consulted during the Project, including published geologic maps for the site and 

vicinity; and

• A complete set of field notes, field photographs, and any new geologic maps developed for or during 

the Project.

1.8 HYDROLOGY, WATER QUALITY, AND AQUATIC RESOURCES

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 
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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 

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

spilled contaminants to water channels and reduce construction related impacts.
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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, 

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, the Applicant

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 or applicable state standard 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 post-Project stormwater flow does not exceed pre-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 or applicable state standard so on site flooding can be avoided. Other 
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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. 

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

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

1.9 GEOLOGY AND SOILS

Mitigation Measure GEO-1: Surface Fault Rupture 

For Segments 1, 2C, and 3B, as well as all stations and facilities associated with these segments, the 

Applicant DesertXpress Enterprises, LLC shall conduct a site-specific, detailed evaluation, which includes 

surface reconnaissance and subsurface assessment, which shall be performed by a qualified geologist.

The Applicant DesertXpress Enterprises, LLC shall incorporate recommendations of this evaluation in 

design-build Project plans. This evaluation shall be performed prior to construction so that, in the event 

a fault-rupture hazard exists, the Applicant DesertXpress Enterprises, LLC can implement 

recommendations of the geologist in the design-build Project plans. 

Mitigation Measure GEO-2: Ground Shaking 

For all rail alignments and all facilities, the Applicant DesertXpress Enterprises, LLC shall conduct a sitespecific evaluation of the potential ground shaking hazard, which shall be performed by a qualified 

geologist. The evaluation shall be performed during design development and prior to construction so 

that appropriate structural design and mitigation techniques can be incorporated into the design-build 

Project plans. Evaluation techniques shall include drilling of exploratory borings, laboratory testing of 

soils, computer software analysis to develop seismic design parameters for use by the Project structural 

engineer. Recommendations of this evaluation that avoid or minimize impacts related to seismic ground 

shaking shall be incorporated into design-build Project plans. The Applicant DesertXpress Enterprises, 

LLC shall design structural elements of the rail system to resist or accommodate appropriate site-specific 

ground motions and to conform to the current seismic design standards. The Applicant DesertXpress 

Enterprises, LLC shall also implement an earthquake early warning system as part of the Project.

Mitigation Measure GEO-3: Liquefaction 

For all rail alignments and all facilities, the Applicant DesertXpress Enterprises, LLC shall conduct a sitespecific evaluation of the potential liquefaction hazard, which shall be performed by a qualified 

geotechnical engineer during design development and prior to construction. This evaluation shall assess 

the liquefaction and dynamic settlement characteristics of the on-site soils and shall include drilling of 

exploratory borings, evaluation of groundwater depths, and laboratory testing of soils. The Applicant

DesertXpress Enterprises, LLC shall incorporate recommendations of this evaluation that avoid or 

minimize impacts related to liquefaction into design-build Project plans. 

Mitigation Measure GEO-4: Dam-Inundation 

For Segments 1, 2C, and 3B, as well as all stations and facilities associated with these segments, the 

Applicant DesertXpress Enterprises, LLC shall prepare a detailed hydrologic evaluation during design 

development and prior to construction. The evaluation shall be prepared by a qualified hydrologist to 

assess the risks and potential 

effects of inundation on Project improvements. The hydrologic evaluation shall identify potential dam 

inundation hazards at site-specific locations and identify corresponding design recommendations to be 

incorporated into design-build Project plans. 
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Mitigation Measure GEO-5: Settlement 

For all rail alignments and all facilities, the Applicant DesertXpress Enterprises, LLC shall conduct sitespecific geotechnical evaluations, which shall be performed by a qualified geologist during the 

preliminary design phase of the Project to assess the settlement potential of the on-site natural soils and 

undocumented fill. Surface reconnaissance and subsurface evaluation shall be performed which 

addresses the potential settlement hazards. The evaluations shall include drilling of exploratory borings 

and laboratory testing of soils, in addition to surface reconnaissance to evaluate site conditions. Before 

construction commences, the Applicant DesertXpress Enterprises, LLC shall implement 

recommendations of the geotechnical evaluation into design-build Project plans. 

Mitigation Measure GEO-6: Corrosive Soils 

For all rail alignments and all facilities, the Applicant DesertXpress Enterprises, LLC shall conduct 

subsurface evaluation for corrosive soils. Evaluation of corrosive soil potential shall be accomplished by 

testing and analysis of soils at design depths. Laboratory tests shall be conducted on the soils prior to 

construction and the results shall be reviewed by a qualified corrosion engineer. The qualified corrosion 

engineer shall prepare an improvement plan which shall include corrosion protection measures suitable 

to the Project elements. 

The improvement plan shall include corrosivity tests to evaluate the corrosivity of the subsurface soils.

Before construction commences, the Applicant DesertXpress Enterprises, LLC shall implement 

recommendations of the improvement plan into design-build Project plans. 

Mitigation Measure GEO-7: Expansive Soils 

For all rail alignments and all facilities, the Applicant DesertXpress Enterprises, LLC shall conduct sitespecific subsurface evaluation(s), including laboratory testing to evaluate the extent of which expansive 

soils are present. The evaluations shall be performed by a qualified geologist where expansive soil 

conditions are found and would be detrimental to proposed improvements. Before construction 

commences, the Applicant DesertXpress Enterprises, LLC shall implement measures recommended by 

the geologist into design-build Project plans.

Mitigation Measure GEO-8: Landslides 

For all rail alignments and all facilities in California and the Segment 5 rail alignment in Nevada, the 

Applicant DesertXpress Enterprises, LLC shall further evaluate the potential for landslides and surficial 

slope failures along the proposed segments by conducting surface reconnaissance and subsurface 

evaluation, which shall be performed by a qualified geotechnical engineer during Project design. Surface 

reconnaissance shall include visual observation of the earth units and geomorphology and review of 

geologic maps to evaluate the condition of slopes relative to the alignment. Subsurface exploration shall 

be performed as recommended by the qualified geotechnical engineer to evaluate the potential for 

landslides and surficial slope failures. If necessary, subsurface evaluation shall include the excavation 

and detailed logging of exploratory trenches, test pits and/or borings as recommended by the qualified 

geotechnical engineer. Slope stability computer analyses shall be performed to address the stability of 

slopes where recommended by the qualified geotechnical engineer. Before construction commences, 

the Applicant DesertXpress Enterprises, LLC shall implement measures recommended in the evaluation 

into design-build Project plans. 
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Mitigation Measure GEO-9: Caliche/Hard Rock Excavation 

For all rail alignments and all facilities, the Applicant DesertXpress Enterprises, LLC shall conduct a 

surface reconnaissance and subsurface evaluation, which shall be performed by a qualified geotechnical 

engineer to assess soil excavatibility. This evaluation shall include drilling of exploratory borings and/or 

test pits to evaluate ground conditions for excavation capability where recommended by the qualified 

geotechnical engineer. Before construction commences, the Applicant DesertXpress Enterprises, LLC

shall implement measures recommended in the evaluation into design-build Project plans.

Mitigation Measure GEO-10: Shallow Groundwater 

For all rail alignments and all facilities, the Applicant DesertXpress Enterprises, LLC shall assess 

groundwater conditions in the Project area, which shall be performed by a qualified geotechnical 

engineer. Before construction commences, the Applicant DesertXpress Enterprises, LLC shall implement 

measures recommended in the evaluation into design-build Project plans, so that in the event shallow 

groundwater is detected or suspected, appropriate mitigation techniques would be implemented. 

Mitigation Measure GEO-11: Tunneling 

For Segment 4C, the Applicant shall perform excavations for underground structures (tunnels) with care 

to reduce the potential for lateral deflection of excavation sidewalls and/or shoring, which could also 

cause differential movement of structures located near the excavation. To reduce the potential for 

damage to improvements and structures resulting from dewatering operations, the Applicant shall 

monitor the ground surface and/or structures around the excavation for movement with a variety of 

instrumentation. If during the course of construction, the instrumentation detects ground movement 

that exceeds a pre-specified value, the Applicant shall stop work and the contractor’s methods shall be 

reviewed by a qualified geotechnical engineer and appropriate changes shall be made, if recommended 

by the geotechnical engineer. Typical monitoring methods include installation of ground survey points 

around the outside of the excavation to monitor settlement, placing monitoring points on nearby 

structures to monitor performance of the structures, and installation of inclinometers along the sides of 

the excavation to monitor lateral deflection of sidewalls. 

• Mitigation Measure GEO-11 would no longer apply to the Project as the modified Project would 

not require tunneling.

Mitigation Measure GEO-12: Ground Fissures 

For Segments 5B and 6B as well as all associated facilities, the Applicant DesertXpress Enterprises, LLC

shall engage a qualified geologist to conduct further evaluation for the potential for ground fissures. This 

evaluation shall include surface reconnaissance and visual observation of the earth units, manmade 

features and geomorphology, and review of geologic maps to evaluate the surface conditions relative to 

Project features. Before construction commences, the Applicant DesertXpress Enterprises, LLC shall 

incorporate recommendations of the evaluation into design-build Project plans. 

1.10 HAZARDOUS MATERIALS

Mitigation Measure HAZ-1: Structures Built Prior to 1980 

During the design-build process and prior to construction of Segment 6B and its related Project facilities, 

the Applicant DesertXpress Enterprises, LLC shall conduct an evaluation of all buildings to be demolished 
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to determine the presence of asbestos containing materials and lead based paint. Before demolition 

commences, the Applicant DesertXpress Enterprises, LLC shall incorporate remediation consistent with 

the recommendations of these evaluations into design-build Project plans.

Mitigation Measure HAZ-2: Contaminated Soil and/or Groundwater 

Prior to the start of demolition, grading, or construction, the Applicant DesertXpress Enterprises, LLC

shall prepare a soil monitoring plan and incorporate the recommendations of this plan into design-build 

Project plans for implementation during all phases of construction. Disturbed soils shall be monitored 

for visual evidence of contamination (e.g., staining or discoloration). If visual evidence of contamination 

is detected, the Applicant DesertXpress Enterprises, LLC shall monitor soil for the presence of volatile 

organic compounds (VOC) using appropriate field instruments such as organic vapor measurement with 

photoionization detectors (PIDs) or flame ionization detectors. If the monitoring procedures indicate the 

possible presence of contaminated soil, a contaminated soil contingency plan shall be implemented that 

shall include procedures for segregation, sampling, and chemical analysis of soil. The Applicant

DesertXpress Enterprises, LLC shall profile contaminated soil for disposal and transport with appropriate 

hazardous or non-hazardous waste manifests by a state-certified hazardous material hauler to a statecertified disposal or recycling facility licensed to accept and treat the type of waste indicated by the 

profiling process. Soils containing aerially deposited lead can be disposed of on-site with the preapproval of the Department of Toxic Substance Control and Caltrans. The Applicant DesertXpress 

Enterprises, LLC shall develop and implement a contaminated soil contingency plan during all 

construction activities. In the unlikely event that these processes generate any contaminated 

groundwater that must be disposed of outside of the dewatering/ National Pollutant Discharge 

Elimination System (NPDES) process, the Applicant DesertXpress Enterprises, LLC shall profile, manifest, 

haul, and dispose of groundwater in the same manner. 

Where conditions warrant a Phase II Environmental Site Assessment (ESA), the Applicant DesertXpress 

Enterprises, LLC shall include the following in the ESAs:

• A work plan that includes the numbers and locations of proposed soil borings/monitoring wells, 

sampling intervals, drilling and sampling methods, analytical methods, sampling rationale, site 

geohydrology, field screening methods, quality control/quality assurance, and reporting methods.

• A site-specific Health and Safety Plan (HSP) signed by a Certified Industrial Hygienist.

• Necessary permits for encroachment, boring completion, and well installation.

• A traffic safety plan.

• Sampling program (fieldwork) in accordance with the work plan and HSP. Fieldwork shall be 

completed under the supervision of a geologist registered in the State of California and/or Nevada, 

as appropriate.

• Hazardous materials testing through a laboratory certified by California and/or Nevada.

• Documentation to include field procedures, boring logs/well diagrams, tables of analytical results, 

cross-sections, an evaluation of the levels and extent of contaminants found, and conclusions and 

recommendations regarding the environmental condition of the site and the need for further 

assessment. Recommendations may include additional assessment or handling of the contaminants 

found though the contaminated soil contingency plan. If the contaminated soil contingency plan is 

inadequate for the contamination found, a remedial action plan shall be developed. Contaminated 

groundwater shall generally be handled though the NPDES/dewatering process.

• Disposal process including transport by a state-certified hazardous material hauler to a statecertified disposal /recycling facility licensed to accept/treat the identified waste.
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Where contaminated groundwater is encountered, the Applicant DesertXpress Enterprises, LLC shall 

obtain a NPDES permit prior to the issuance of a permit to construct. The NPDES permit shall specify 

site-specific testing and monitoring requirements and discharge limitations. 

Additionally, the Applicant DesertXpress Enterprises, LLC shall review available agency files for moderate 

and high risk properties as identified in Final EIS Appendix F-K.1 prior to the commencement of 

demolition, grading, or construction. If the file review indicates a low likelihood of contaminants being 

present beneath or adjacent to a Project feature (rail alignment, station, maintenance facility, etc.), 

additional assessment/mitigation may not be recommended and the property could be reclassified as 

low risk.

Mitigation Measure HAZ-3: Previously Unidentified Hazardous Materials 

Prior to the start of construction activities, the Applicant DesertXpress Enterprises, LLC shall prepare a 

hazardous materials contingency plan addressing the potential for discovery of unidentified 

underground storage tanks, hazardous materials, petroleum hydrocarbons, or hazardous or solid wastes 

during construction. This contingency plan shall address underground storage tank decommissioning, 

field screening, and materials testing methods, mitigation and contaminant management requirements, 

and health and safety requirements. The Applicant DesertXpress Enterprises, LLC shall incorporate the 

recommendations of this plan into design-build Project plans. 

Mitigation Measure HAZ-4: Hazardous Material Disposal 

The Applicant DesertXpress Enterprises, LLC shall dispose of all hazardous or solid wastes and debris 

encountered or generated during construction and demolition activities in accordance with all 

applicable federal regulations.

Mitigation Measure HAZ-5: Operational Generated Hazardous Materials 

The Applicant DesertXpress Enterprises, LLC shall prepare a Hazardous Materials Management Plan for 

all facilities that use, store, or dispose of hazardous materials. Facilities emitting toxic air emissions shall 

submit inventories and plans to the appropriate air quality management district and be subject to 

permitting and monitoring regulations of the district. The Applicant DesertXpress Enterprises, LLC shall 

obtain all necessary local, state and federal permits for the installation and operation of any above or 

below ground chemical or fuel storage tanks prior to installing such tanks.

1.11 AIR QUALITY AND GLOBAL CLIMATE CHANGE

Mitigation Measures AQ-2 and AQ-4 from the DesertXpress EIS are not applicable to the Project as 

currently proposed because these measures were specific to a diesel-multiple unit operating technology 

alternative that is no longer part of the proposed Project. These measures were also not provided in the 

DesertXpress ROD.

Mitigation Measure AQ-1: Fugitive Dust Control Plan during Construction to Meet MDAQMD Rule 

403.2 Requirements

Consistent with the MDAQMD Rule 403.2 (Fugitive Dust Control for the Mojave Desert Planning Area), 

the following control measures shall be implemented by the Applicant DesertXpress Enterprises, LLC: 
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• Use periodic watering for short-term stabilization of disturbed surface area to minimize visible 

fugitive dust emissions. Use of a water truck to maintain moist disturbed surfaces and actively 

spread water during visible dusting episodes shall be considered sufficient to maintain compliance;

• Take actions sufficient to prevent Project-related trackout onto paved surfaces;

• Cover loaded haul vehicles while operating on publicly maintained paved surfaces;

• Stabilize graded site surfaces upon completion of grading when subsequent development is delayed 

or expected to be delayed more than 30 days, except when such a delay is due to precipitation that 

dampens the disturbed surface sufficiently to eliminate visible fugitive dust emissions;

• Clean up Project-related trackout or spills on publicly maintained paved surfaces within 24 hours; 

and

• Reduce nonessential earth-moving activity under high wind conditions. A reduction in earth-moving 

activity when visible dusting occurs from moist and dry surfaces due to wind erosion shall be 

considered sufficient to maintain compliance.

Alternatively, DesertXpress Enterprises, LLC can elect to apply for and obtain an MDAQMD-approved 

Alternative PM10 Control Plan that incorporates emission reducing measures other than those defined 

above, as long as it generates equivalent emission reductions and is obtained pursuant to the 

requirements outlined in MDAQMD Rule 403.2.

Mitigation Measure AQ-3: Fugitive Dust Control Plan during Construction to Meet Clark County 

DAQEM DES Requirements

Consistent with Section 94 of Clark County Air Quality Guidelines, the Applicant DesertXpress 

Enterprises, LLC shall compile a Dust Mitigation Plan that is consistent with measures identified in the 

DAQEM DES Construction Activities Dust Control Handbook (included by reference in Section 94 of the 

Clark County Air Quality Regulations) and Desert Tortoise protective measures, and a Dust Control 

Permit shall be secured from the DAQEM DES. The Dust Control Plan may include the following 

measures, among other measures:

• Use periodic watering for short-term stabilization of disturbed surface area to minimize visible 

fugitive dust emissions;

• Take actions sufficient to prevent Project-related trackout onto paved surfaces;

• Cover loaded haul vehicles while operating on publicly maintained paved surfaces;

• Stabilize graded site surfaces upon completion of grading when subsequent development is delayed 

or expected to be delayed more than 30 days, except when such a delay is due to precipitation that 

dampens the disturbed surface sufficiently to eliminate visible fugitive dust emissions;

• Clean up Project-related trackout or spills on publicly maintained paved surfaces within 24 hours; 

and

• Reduce nonessential earth-moving activity under high wind conditions.

Mitigation Measure AQ-5: Utilize additional means to reduce construction period emissions of air 

pollutants.

The Applicant shall integrate the following control measures into approved design-build plans:

DesertXpress Enterprises, LLC shall ensure that construction-period emissions of criteria air pollutants 

will not exceed General Conformity de minimis thresholds by integrating control measures into 

approved design-build plans. Examples of control measures include the following: 

• All off-road internal-combustion engine construction equipment shall be EPA Tier-4 certified.

• All signal boards shall be solar-powered.
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• All architectural coatings products shall contain no more than 250 grams of VOC per liter of coating 

(2.08 pounds per gallon).

• For all work conducted within Clark County, only the following fuels shall be used to power off-road 

equipment:

o A composite fuel blend consisting of at least 20 percent biodiesel.

1.12 NOISE AND VIBRATION

Mitigation Measure NV-1: Noise Barriers 

The Applicant DesertXpress Enterprises, LLC shall install noise barriers at least four feet in height relative 

to the top of rail elevation along the at grade portions of the rail alignment and on the elevated 

structures to reduce severe noise impacts. The noise barriers shall be installed prior to the 

commencement of train operations along the rail alignment to reduce adverse noise effects. 

This is a common approach to reducing noise impacts from surface transportation sources. The primary 

requirements for an effective noise barrier are that (1) the barrier must be high enough and long enough 

to break the line-of-sight between the sound source and the receiver, (2) the barrier must be of an 

impervious material with a minimum surface density of four pounds per square foot and (3) the barrier 

must not have any gaps or holes between the panels or at the bottom. Because numerous materials 

meet these requirements, the selection of materials for noise barriers is usually dictated by aesthetics, 

durability, cost and maintenance considerations. 

The Applicant DesertXpress Enterprises, LLC shall install noise barriers meeting the above criteria at the 

locations identified in Table 6.1-1 and shown in Figure 6.1-1, Figure 6.1-2, Figure 6.1-3, and Figure 6.1-4. 

Table 6.1-1 includes the side of track, location, length and height of the proposed barriers. At other 

locations where impacts have been identified, noise barriers would not be effective and other mitigation 

options would need to be implemented. the Final EIS (A list of these locations was provided as Final EIS 

Table F-3.12-5; an illustration of the locations of these barriers was provided in Final EIS Figures F-3.12-1 

through F-3.12-3). 

Table F-3.12-5 Noise Barrier Locations

Location

Side of 

Track Civil Station Length (ft)

Relevant 

Figure

Preferred Alternative Terminating at Las Vegas Southern Station or Las Vegas Central Station B

Lenwood Road NB 1557 – 1563 600 F-3.12-1 

Lenwood Road SB 1580 – 1587 700 F-3.12-1 

L Street to H Street SB 1735 – 1743 3,000 F-3.12-1 

Grace Street NB 1791 – 1821 800 F-3.12-1 

Coolwater Lane SB 1882 – 1892 1,000 F-3.12-1 

Western Whip Court to Kelly Drive SB 1842 – 1886 4,400 F-3.12-1 

Elephant Mountain Road SB 2225 – 2235 1,000 F-3.12-1 

Ghost Town Road NB 2245 – 2255 1,000 F-3.12-1 

South of Blue Diamond Rd SB 9715 – 9732 1,700 F-3.12-3 

Preferred Alternative Terminating at Las Vegas Central Station B Only (In Addition to Mitigation Above)
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Location

Side of 

Track Civil Station Length (ft)

Relevant 

Figure

South of W Tropicana Ave SB 9926 – 9934 800 F-3.12-3 

Total Noise Mitigation Length

Total (terminating at Las Vegas Southern Station) 15,250

Total (terminating at Las Vegas Central Station B) 20,400

Source: HMMH, 2010.

Table 6.1-1 Noise Barrier Locations

Noise Barrier Location

Side of 

Track Civil Station Length (ft)

L St to H St, Barstow* NB 7916+00 to 7926+00 1,000

Elizabeth St to Main St, Barstow* NB 7766+50 to 77760+50 950

Elizabeth St to Main St, Barstow* SB 7773+50 to 7783+00 950

Main St to the Mojave River, Barstow* NB 7755+00 to 7763+00 800

Main St to the Mojave River, Barstow* SB 7754+00 to 7764+00 1,000

Meadow Grove Road to Ghost Town Road, Yermo* NB 7405+00 to 7430+00 2,200

Meadow Grove Road to Ghost Town Road, Yermo* SB 7415+00 to 7436+50 2,150

E Larson Lane to St Rose Parkway SB 445+00 to 456+50 1,150 

W Silverado Ranch Boulevard to E Pebble Road, Las Vegas* NB 238+50 to 246+50 800

W Silverado Ranch Boulevard to E Pebble Road, Las Vegas* NB 225+50 to 233+50 800

W Silverado Ranch Boulevard to E Pebble Road, Las Vegas** NB 197+00 to 211+50 1,450

E Pebble Road to Blue Diamond Road, Las Vegas*** NB 184+00 to 189+50 550

E Pebble Road to Blue Diamond Road, Las Vegas*** NB 140+00 to 166+00 2,600

Total Length: 16,750

Total Length from FEIS: 20,400

*4 ft barrier on elevated structure

**Extension of current barrier highway noise barrier

***Detailed analysis of existing barriers needed to determine barrier needs (additional height, etc.)

Mitigation Measure NV-2: Location of Crossovers or Special Trackwork at Crossovers 

To reduce severe noise impacts, the Applicant shall locate crossovers away from residential areas where 

feasible, or use spring-rail or moveable point frogs in place of standard rigid frogs at turnouts where 

relocation of crossovers is not feasible. Because the impacts of wheels over rail gaps at track crossover 

locations, or turn-outs for passing tracks, increases vibration by about 6 dBA, crossovers are a major 

source of vibration noise impact when they are located in sensitive areas. If crossovers cannot be 

relocated away from residential areas, another approach is to use spring-rail or moveable point frogs in 

place of standard rigid frogs at turnouts. These devices allow the flangeway gap to remain closed in the 

main traffic direction for revenue service trains. The Applicant shall incorporate these measures into 

design-build Project plans.
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• Crossovers were included in the vibration assessment conducted for the Project modifications, 

which determined that vibration impacts would not occur. Therefore, Mitigation Measure NV-2 no 

longer applies to the Project modifications.

Mitigation Measure NV-3: Building Sound Insulation 

Where sensitive receptors would be dispersed or limited in nature, and with the agreement and consent 

of property owners, the Applicant DesertXpress Enterprises, LLC may choose to install building sound 

insulation rather than implementing noise barriers defined under Mitigation Measure NV-1 to mitigate 

severe noise impacts. Sound insulation to improve the outdoor-to-indoor noise reduction has been 

widely applied around airports and has seen limited application for rail Projects. Although this approach 

has no effect on noise in exterior areas, it may be the best choice for sites where noise barriers are not 

feasible or desirable, and for buildings where indoor sensitivity is of most concern. Substantial 

improvements in building sound insulation (on the order of 5 to 10 dBA) can often be achieved by 

adding an extra layer of glazing to the windows, by sealing any holes in exterior surfaces that act as 

sound leaks, and by providing forced ventilation and air-conditioning so that windows do not need to be 

opened.

Mitigation Measure NV-4: Property Acquisitions or Easements 

Where sensitive receptors would be dispersed or limited in nature, the Applicant DesertXpress 

Enterprises, LLC may choose to implement property acquisitions or easements rather than Mitigation 

Measure NV-1 to mitigate severe noise impacts. The Applicant DesertXpress Enterprises, LLC may 

purchase residences likely to be impacted by train operations or to acquire easements for such 

residences by paying the homeowners to accept the future train noise conditions. These approaches are 

usually taken only in isolated cases where other mitigation options are infeasible, impractical, or too 

costly.

Mitigation Measure NV-10: Construction Noise and Vibration Measures

The Applicant DesertXpress Enterprises, LLC shall develop specific residential property line noise limits 

that comply with applicable local noise regulations to the extent feasible during the design-build 

process, include these noise limits in the construction specifications for the Project, and perform noise 

monitoring during construction to verify compliance with the limits. This approach allows the contractor 

flexibility to meet the noise limits in the most efficient and cost-effective manner. Noise control 

measures that would be applied as needed to meet the noise limits include the following:

• Avoiding nighttime construction in residential neighborhoods.

• Using specially quieted equipment with enclosed engines and/or high-performance mufflers.

• Locating stationary construction equipment as far as possible from noise-sensitive sites.

• Constructing noise barriers, such as temporary walls or piles of excavated material, between noisy 

activities and noise-sensitive receivers.

• Re-routing construction-related truck traffic along roadways that will cause the least disturbance to 

residents.

• Avoiding impact pile driving near noise-sensitive areas, where possible. Drilled piles or the use of a 

sonic or vibratory pile driver are quieter alternatives where the geological conditions permit their 

use. If impact pile drivers must be used near noise-sensitive receptors, their use will be limited to 

the periods between 8:00 AM and 5:00 PM on weekdays.
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With the incorporation of the appropriate noise mitigation measures, impacts from constructiongenerated noise should not be adverse. To provide added assurance, the Applicant DesertXpress 

Enterprises, LLC shall institute a complaint resolution procedure to rapidly address any noise problems 

that may develop during construction.
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Figure 6.1-1 Noise Mitigation Locations as Specified by MM NV-1 and NV-3 (1 of 4) 
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Figure 6.1-2 Noise Mitigation Locations as Specified by MM NV-1 and NV-3 (2 of 4) 
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Figure 6.1-3 Noise Mitigation Locations as Specified by MM NV-1 and NV-3 (3 of 4) 
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Figure 6.1-4 Noise Mitigation Locations as Specified by MM NV-1 and NV-3 (4 of 4)

1.13 ENERGY

No applicable mitigation measures.

1.14 BIOLOGICAL RESOURCES

The mitigation measures from the DesertXpress Record of Decision (ROD) are included below and have 

been separated into two sections based on where they originated: the United States Fish and Wildlife 

Service (USFWS) Biological Opinion (BO) or the DesertXpress EIS (General Mitigation Measures). 

DESERT TORTOISE-SPECIFIC MEASURES FROM THE BIOLOGICAL OPINION

FRA submitted a letter to the USFWS on July 20, 2020 seeking concurrence that the Project 

modifications do not require reinitiation of formal consultation under Section 7. This letter proposed 

revised BO mitigation measures based on the Project modifications; for example, by specifying that such 

mitigation measures would only apply on suitable desert tortoise habitat outside of the I-15 freeway 

ROW. These updated mitigation measures will be confirmed through consultation with the USFWS and 

documented in accordance with Section 7 of the Endangered Species Act. Revisions that may occur 

through this coordination process are discussed in bold following the applicable BO measures listed 

below. 
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Mitigation Measure DT-1 

Prior to the commencement of grading activities, the Applicant DesertXpress Enterprises, LLC shall 

ensure all personnel working within the Project area attend an environmental awareness training 

program. The program will be presented by biologists authorized by the United States Fish and Wildlife 

Service (hereafter “authorized biologists”) and include information on the life history of the desert 

tortoise, the legal protection it is afforded by the Endangered Species Act, the definition of take for 

listed species, measures to protect the desert tortoise, reporting requirements, specific measures that 

each worker will need to employ to avoid adverse impacts on desert tortoises, a detailed description of 

environmental Project commitments as described in the decision records (i.e., record of decision), rightof-way grants, and biological opinion, and penalties for violation of federal and state environmental 

laws.

Mitigation Measure DT-2 

The Applicant DesertXpress Enterprises, LLC shall ensure an authorized biologist will be on site during 

any construction activity within or near desert tortoise habitat to ensure the implementation and 

compliance of environmental commitments and avoidance measures.

Mitigation Measure DT-3 

The Applicant DesertXpress Enterprises, LLC shall ensure the authorized biologists have the authority to 

stop work if dangers to desert tortoises arise, and to allow work to proceed after the hazard has been 

removed. The Applicant DesertXpress Enterprises, LLC shall notify the Southern Nevada and Ventura 

USFWS Offices, BLM Offices, and the California Department of Fish and Game of any desert tortoise 

injury or death resulting from Project-related activities.

Mitigation Measure DT-4 

The Applicant DesertXpress Enterprises, LLC shall ensure, as part of the monitoring, that an authorized 

biologist checks construction areas immediately before construction activities each day to ensure that 

no desert tortoise has moved into the construction area. If desert tortoises are discovered within the 

construction area, the authorized biologist shall relocate the desert tortoises to adjacent habitat 

approximately 300 feet from the limit of disturbance (i.e., beyond the 162.5-foot temporary 

construction area).

Mitigation Measure DT-5 

The Applicant DesertXpress Enterprises, LLC will ensure the authorized biologists properly implement 

protective measures, records and reports desert tortoise and sign observations in accordance with 

approved protocol, reports incidents of noncompliance in accordance with the biological opinion and 

other relevant permits and authorizations, and moves desert tortoises from harm‘s way and place these 

animals in adjacent habitat approximately 300 feet of the limit of disturbance.

Mitigation Measure DT-6 

The Applicant DesertXpress Enterprises, LLC shall confine all construction activities to the designated 

work areas. Grubbing of vegetation will only be done to the extent necessary for construction and will 

be limited to areas designated for that. Overnight parking and storage of equipment and materials will 

be limited to previously disturbed areas or areas identified in the BLM right-of-way grant.
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Mitigation Measure DT-7 

The Applicant DesertXpress Enterprises, LLC shall restrict all vehicle traffic to existing paved roads and 

the Project alignment within the permanent or temporary construction area. Disturbance beyond the 

construction area would be prohibited except in emergency situations.

Mitigation Measure DT-8 

The Applicant DesertXpress Enterprises, LLC shall not allow speeds in excess of 15 miles per hour for 

construction vehicles within sensitive species habitat.

Mitigation Measure DT-9 

The Applicant DesertXpress Enterprises, LLC shall implement a litter-control program during 

construction. The program will include the use of covered, common raven-proof trash receptacles, daily 

removal of trash from work areas to the trash receptacles, and proper disposal of trash in a designated 

solid waste disposal facility. Precautions will also be taken to prevent trash from blowing out of 

construction vehicles.

Mitigation Measure DT-10

The Applicant DesertXpress Enterprises, LLC will promptly remove all road-killed animals within the 

Project construction area and the permanent rail alignment to reduce the adverse effects associated 

with predation of desert tortoise by common ravens (Corvus corax).

Mitigation Measure DT-11

The Applicant DesertXpress Enterprises, LLC will not permit pets or firearms in the work area.

Mitigation Measure DT-12

The Applicant DesertXpress Enterprises, LLC shall take both pre- and post-construction photographs to 

document sensitive habitat conditions within the limits of Project disturbance.

Mitigation Measure DT-13

During construction, the Applicant DesertXpress Enterprises, LLC will perform weekly inspections and 

weed removal/control during the growing season of all construction areas, rail alignment, and facilities. 

Following the completion of construction activities, from March through August, the Applicant

DesertXpress Enterprises, LLC will continue monitoring and removal monthly during the first 2 years of 

operation and quarterly for the life of the facility. Weed removal and control will consist of physical 

control methods (e.g., hand pulling, hoeing, etc.) or herbicide application. A provision of this measure 

requires preparation of an invasive weed monitoring and treatment plan that would be applicable to all 

lands affected by the proposed action. This weed control plan will be developed in cooperation with FRA 

and BLM to ensure that weed control and removal activities do not affect desert tortoises. The use of 

herbicides to control weeds within the Project construction and operation area will be coordinated with 

biologists of the BLM, the California Department of Fish and Game, and the Nevada Department of 

Wildlife (NDOW) to ensure the application does not affect desert tortoises. In instances where desert 

tortoises may come into contact with herbicide, the plan will require manual removal of individual 

plants. The FRA will ensure the same methods and caution will occur on lands within the action area 

that are outside of those managed by the BLM.
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Mitigation Measure DT-14

The Applicant DesertXpress Enterprises, LLC shall develop and implement a vegetation and topsoil 

removal and restoration plan to reduce impacts on biological resources. The plan shall include a 

requirement for the Applicant DesertXpress Enterprises, LLC to remove and stockpile construction area 

topsoil prior to initiating construction and replaced within areas of temporary disturbance once 

construction is complete. Any permanent topsoil stabilization measures will be constructed and 

maintained within the permanent right-of-way. These measures may include, but are not limited to, the 

use of geo-textile mats or rip-rap to in areas of high erosion potential.

Mitigation Measure DT-15

The Applicant DesertXpress Enterprises, LLC shall install and maintain rice wattles, straw wattles, and silt 

fencing along all construction areas to prevent sediment from being transported off of the right-of-way 

during construction. The Applicant DesertXpress Enterprises, LLC shall employ permanent stabilization 

measures upon completion of construction along washes and in other areas of potential erosion.

Mitigation Measure DT-16

To minimize adverse effects to the desert tortoise, the Applicant DesertXpress Enterprises, LLC will fence 

the boundary of the Victorville Passenger Station and the Victorville Dale Evans Station and OMSF site

with permanent desert tortoise exclusion fencing. The Applicant DesertXpress Enterprises, LLC shall 

install desert tortoise guards at gated entries to prevent desert tortoises from gaining entry to the 

Project sites. The Applicant DesertXpress Enterprises, LLC shall also fence the TCAs, the Baker MOW 

facility, autotransformers paralleling sites and substations, the construction areas for the utility 

corridors, and the rail alignment‘s temporary construction area, with temporary desert tortoise fencing 

prior to clearance surveys and ground disturbance. Proposed construction sites along the alignment that 

are not located in desert tortoise habitat (i.e., within Barstow, Baker, and Las Vegas) will not be fenced.

• The locations requiring permanent or temporary desert tortoise fencing will be updated during 

reinitiation of Section 7 consultation with the USFWS. Most of the modified Project footprint is 

within the I-15 freeway median, which the USFWS considers unsuitable desert tortoise habitat. 

Mitigation Measure DT-17

To ensure the clearance of all desert tortoises from all potential habitat areas, the Applicant

DesertXpress Enterprises, LLC shall conduct clearance surveys using service-authorized desert tortoise 

biologists as required by the Service.

• The locations requiring preconstruction clearance surveys will be defined during reinitiation of 

Section 7 consultation with the USFWS. Most of the modified Project footprint is within the I-15

freeway median, which the USFWS considers unsuitable desert tortoise habitat. 

Mitigation Measure DT-18

The Applicant DesertXpress Enterprises, LLC shall include the installation of temporary desert tortoise 

fencing around the perimeter prior to the commencement of on-site construction as part of desert 

tortoise relocation from the Project area. Installation of the fencing will be monitored by an authorized 

biologist to ensure that desert tortoises are not killed or injured during this activity. Temporary desert 

tortoise fencing will be installed in areas of construction that are beyond the perimeter of the right-ofway or in areas where construction staging will occur. Desert tortoise guards will be installed at 
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construction area entry points and permanent rail alignment maintenance access points. After 

installation, the fence will be regularly inspected to ensure its integrity. The Applicant DesertXpress 

Enterprises, LLC will ensure that cross-country travel for construction purposes outside of the areas of 

desert tortoise fencing is prohibited.

Mitigation Measure DT-19

In areas where high vehicular construction traffic is expected (such as TCAs), desert tortoise exclusionary 

fencing may require the supplemental use of a desert tortoise guard. Locations of such guards will be 

determined by an authorized biologist. This device resembles a cattle guard and is positioned at ground 

level and connected to the exclusionary fencing to prohibit desert tortoise from crossing into the 

construction area but allowing the passage of construction vehicles. The guard would be maintained 

throughout its use during the construction process by the Applicant DesertXpress Enterprises, LLC. Such 

maintenance would require the presence of an authorized desert tortoise biologist. The guard would 

have a clear escape route away from construction activity for any desert tortoise that should fall into the 

guard. The guard would be inspected daily for desert tortoise and to ensure the escape route is free of 

obstruction. The guard would also be cleared of debris that may allow desert tortoise passage across the 

guard and into a construction area.

Mitigation Measure DT-20

The Applicant DesertXpress Enterprises, LLC shall ensure only biologists authorized by the USFWS will 

handle desert tortoises and follow the guidelines within the Desert Tortoise Field Manual. Desert 

tortoises found within the Project area will be removed and relocated to undisturbed suitable habitat 

beyond the construction site and within their own territory, where they may be familiar with alternate 

burrows. If no burrows are available, the Applicant DesertXpress Enterprises, LLC shall create artificial 

burrows following the guidelines within the Desert Tortoise Field Manual.

Mitigation Measure DT-21

After installation of the temporary fencing, the Applicant DesertXpress Enterprises, LLC shall survey the 

entire Project area for desert tortoises. The survey shall be conducted by an authorized biologist. 

Following the procedures and precautions outlined in the Desert Tortoise Field Manual, all desert 

tortoise pallets and burrows within the survey areas will be examined and excavated by hand, either by 

or under the direct supervision of an authorized biologist, and collapsed to prevent re-entry.

Mitigation Measure DT-22

The Applicant DesertXpress Enterprises, LLC shall ensure an authorized biologist will be present during 

all initial top soil removal, blading, or grading activities within the Project area. During Project 

implementation, the Applicant DesertXpress Enterprises, LLC shall ensure all workers will inform the 

authorized biologist if a desert tortoise is found within or near Project areas. All work in the vicinity of 

the desert tortoise, which could injure or kill the animal, will cease and it will be observed until it is 

moved from harm‘s way by the authorized biologist.

Mitigation Measure DT-23

The authorized biologist or wWorkers will inspect for desert tortoises under vehicles and equipment 

before such equipment is moved. If a desert tortoise is present, the worker will wait for it to move out 

from underneath the vehicle or the authorized biologist will be contacted to remove it.
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Mitigation Measure DT-24

The Applicant DesertXpress Enterprises, LLC will replace any previously installed permanent desert 

tortoise exclusionary fencing along Interstate 15 that is removed during Project construction.

Mitigation Measure DT-25

The Applicant shall implement minimization measures for potential impacts to downstream habitat from 

Segment 4C (if constructed), which may include the use of tunnels, aerial crossing structures, at-grade 

overcrossing structures, and culverts. At a minimum, the Applicant shall avoid all ephemeral drainages 

equal to or greater than 4 feet wide with these types of structures. Where tunnels and aerial crossing 

structures would be used, drainages less than 4 feet in width would also be avoided. If support piles or 

piers are necessary to support over crossing structures these structures would be located outside of the 

drainage being over crossed. Authorized biologists would be present during construction to ensure 

impacts to drainages are avoided or, where an impact is unavoidable, ensure the impact is minimized 

and the natural substrate of the drainage that has been disturbed is re-established to original grade and 

with natural substrate materials within the drainage channel. In addition to the ephemeral drainages 

over crossed, drainages established (created) or re-established as part of the Project‘s compensatory 

mitigation for replacement of affected waters of the United States or State of California would be

monitored by an agency-approved biologist for a minimum of 5 years to ensure that agency-approved 

performance standards are met.

• Mitigation Measure DT-25 no longer applies to the Project as the modified Project does not carry 

forward Segment 4C and would follow the I-15 freeway median through Mountain Pass. 

Mitigation Measure DT-26

In addition to habitat restoration, the Applicant DesertXpress Enterprises, LLC will compensate for 

habitat disturbance through payment of a per-acre fee for disturbance of desert tortoise habitat in 

California and Nevada. These funds will be paid to the BLM and used for management actions expected 

to provide a benefit to the desert tortoise over time. Actions may involve habitat acquisition, population 

or habitat enhancement, increasing knowledge of the species’ biological requirements, reducing loss of 

individual animals, documenting the species’ current status and trends, and preserving distinct 

population attributes. Specific actions to be funded will be determined during annual meetings between 

the BLM and the USFWS to identify and prioritize management actions, which may include 

implementation of range wide monitoring of desert tortoises.

TERMS AND CONDITIONS OF THE BIOLOGICAL OPINION SPECIFIC TO DESERT TORTOISE

Mitigation Measure DT-27

To ensure that the measures proposed by the FRA and the Applicant DesertXpress Enterprises, LLC are 

effective and are being properly implemented, the FRA or the Applicant DesertXpress Enterprises, LLC

must contact USFWS immediately if it becomes aware that a desert tortoise has been killed or injured by 

Project activities. At that time, the Applicant DesertXpress Enterprises, LLC, in coordination with the 

FRA, must review the circumstances surrounding the incident with the USFWS to determine whether 

additional protective measures are required. Project activities may continue during the review, provided 

that the proposed protective measures in the Project description and any appropriate terms and 

conditions of this biological opinion have been and continue to be fully implemented.
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If five desert tortoises are injured or killed as a result of construction of the Project, the FRA shall reinitiate consultation on the Project, pursuant to the implementing regulations for section 7(a)(2) of the 

Endangered Species Act at 50 Code of Federal Regulations 402.16.

• The amount of take may be modified based on Section 7 consultation.

Mitigation Measure DT-28

If two desert tortoises are injured or killed as a result of operation and maintenance of the Project in any 

calendar year, the FRA shall re-initiate consultation on the Project, pursuant to the implementing 

regulations for section 7(a)(2) of the Endangered Species Act at 50 Code of Federal Regulations 402.16.

• The amount of take may be modified based on Section 7 consultation.

Mitigation Measure DT-29

The Applicant DesertXpress Enterprises, LLC shall monitor, during construction and operation, the 

integrity of all desert tortoise exclusion fencing on a regular basis and following any rain events that 

result in surface flow of water in washes within the action area.

Mitigation Measure DT-30

The Applicant DesertXpress Enterprises, LLC shall use culverts that allow effective passage of desert 

tortoises but are large enough that desert tortoises are unlikely to use the culverts as burrows. The 

USFWS has estimated that any box culvert must be 3 feet on a side and pipe culverts 3 feet in diameter 

and recommends that box culverts be used because desert tortoises are less likely to use them as 

burrows. At a minimum, culverts would need to be large enough. The Applicant DesertXpress 

Enterprises, LLC shall ensure regular maintenance of the culverts so desert tortoises do not use 

accumulated debris to construct burrows. If a culvert under the rail line is tied to an existing culvert 

under Interstate 15 or the Union Pacific Railroad, the Applicant DesertXpress Enterprises, LLC, with 

approval from the FRA, may forego these specifications if they are incompatible with the existing 

culverts.

Mitigation Measure DT-31

The Applicant DesertXpress Enterprises, LLC shall use culverts that will not entrap desert tortoises or 

block their passage. Specifically, all erosion control devices must be constructed and maintained in a 

manner that allows desert tortoises to enter and leave them freely.

Mitigation Measure DT-32

The Applicant shall install a sufficient number of culverts in Segment 2C where it deviates from 

Interstate 15 (excluding on the dry lake bed), to ensure any desert tortoise whose home range occurs 

across the action area could continue to access both sides easily. In general, the distance between 

culverts must be no greater than 0.25 mile unless topography is an obstacle.

• Mitigation Measure DT-32 is no longer applicable because Segment 2C is no longer a part of the 

modified Project. 

Mitigation Measure DT-33

The Applicant DesertXpress Enterprises, LLC shall ensure authorized biologists survey areas that could 

become isolated from the main body of habitat where the alignment deviates slightly from the freeway 
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(e.g., at off-ramps). If desert tortoises are present and construction of the Project may disrupt their 

behavior or if a culvert or other access to the main body of habitat does not exist or will not be 

provided, the authorized biologist must relocate them to the side of the rail line that is adjacent to the 

main body of habitat. In any event of uncertainty, the authorized biologist must contact the Service for 

guidance prior to moving the desert tortoise; during this time, the authorized biologist may install 

fencing around the area of the desert tortoise‘s burrow so he or she may find it again.

Mitigation Measure DT-34

The Applicant DesertXpress Enterprises, LLC shall design all new utility lines and ancillary structures 

associated with the Project in a manner that will reduce the likelihood of nesting by common ravens. 

The Applicant DesertXpress Enterprises, LLC, as appropriate, must monitor these utility lines and 

ancillary structures to ensure the effectiveness of their measures and implement adaptive management, 

in coordination with the Service, if the initial measures are unsuccessful. The Applicant DesertXpress 

Enterprises, LLC must ensure that any common ravens nests established on new utility lines and 

ancillary structures are removed within one year at a time when they are inactive.

Mitigation Measure DT-35

During construction of the Segment 4C rail line (if constructed), if desert tortoises that have been 

translocated from the Ivanpah solar plant site need to be moved from harm‘s way, the Applicant shall 

coordinate their capture and movement with the BLM to ensure that the health and welfare of these 

animals is not compromised. Prior to the onset of construction, the Applicant must contact the BLM to 

establish appropriate protocols to follow in the event these animals are encountered.

• Mitigation Measure DT-35 is no longer applicable because Segment 4C is no longer part of the 

modified Project. 

Mitigation Measure DT-36

By January 31 of any year the proposed action is under construction and during its operation, the FRA 

must provide a report to USFWS that provides details on the effects of the action on the desert tortoise. 

Within 60 days of the completion of the proposed action, the FRA must provide a summary report that 

provides, in addition to the following information, a complete overview of the amount of habitat 

disturbed and the number of desert tortoises that were taken. The Applicant DesertXpress Enterprises, 

LLC shall furnish all of these reports to the FRA no less than 15 days prior to the required USFWS 

submittal. These reports shall include information on any instances when desert tortoises were killed, 

injured, or handled, the circumstances of such incidents, and any actions undertaken to prevent similar 

instances from re-occurring. In addition, the reports should include any recommendations that would 

facilitate the implementation of the protective measures while maintaining protection of the desert 

tortoise and the names of any monitors who assisted the authorized biologist and an evaluation of the 

experience they gained on the Project.

Mitigation Measure DT-37

Within 3 days of locating any dead or injured desert tortoises, the Applicant DesertXpress Enterprises, 

LLC, in coordination with the FRA, shall notify the Ventura Office of USFWS by telephone (805 644-1766) 

and by facsimile (805 644-3958) or electronic mail. The report must include the date, time, and location 

of the carcass, a photograph, cause of death, if known, and any other pertinent information.
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Mitigation Measure DT-38

The Applicant DesertXpress Enterprises, LLC shall take care in handling dead desert tortoises to preserve 

biological material in the best possible state for later analysis. If desert tortoises are killed by Project 

activities, USFWS will instruct the Applicant DesertXpress Enterprises, LLC regarding the final disposition 

of the carcass.

GENERAL MITIGATION MEASURES

Revisions to these General Mitigation Measures provided in the DesertXpress EIS are included as 

strikeout underline following the applicable measure. 

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

Prior to the commencement of Project-related activities, The Applicant DesertXpress Enterprises, LLC

shall ensure all personnel working within the Project area attend an environmental awareness training 

program. The program shall be presented by authorized biologists and include information on the life 

history of special-status species that may be encountered during construction activities, the legal 

protection for each species, the definition of “take” for listed species, measures to protect special-status 

species, reporting requirements, specific measures that each worker shall need to employ to avoid 

adverse effects to individual sensitive species, a detailed description of environmental Project 

commitments as described in the decision records (i.e. Record of Decision), right-of-way grants, and 

Biological Opinion, and penalties for violation of federal and state environmental laws. The program will 

be prepared by biologists approved by the USFWS and/or the “authorized biologist” and can be 

presented in-person or digitally (i.e. Microsoft PowerPoint or similar means). Temporary personnel 

(including delivery drivers, concrete truck drivers, mechanics/refueling trucks, port-a-toilet pump trucks, 

etc.) will not be required to attend the training program such that they are instructed by trained Project 

personnel not to operate or enter into areas designated as desert tortoise habitat, defined below. Each 

person attending the training will be required to sign a training sheet, which will be kept on file in the 

Project trailer. The program will include information on the life history of the desert tortoise, the legal 

protection it is afforded by the Endangered Species Act, the definition of take for listed species, 

measures to protect the desert tortoise, reporting requirements, specific measures that each worker will 

need to employ to avoid adverse impacts on desert tortoises, a detailed description of environmental 

Project commitments as described in the decision records (i.e., Record Of Decision), ROW grants, and 

biological opinion, and penalties for violation of federal and state environmental laws.

Mitigation Measure BIO-2: Conduct Preconstruction Surveys and Install Environmental Fencing

The Applicant DesertXpress Enterprises, LLC shall undertake preconstruction surveys for special-status 

species; these surveys shall be conducted by qualified biologists (i.e., one or more third party 

contractor(s) approved by the USFWS) prior to the start of construction. Preconstruction surveys shall 

be tailored for specific species based on the species biology, natural history, suitable habitat, and 

regulatory requirements. The locations for any individual or population of sensitive species within the 

limit of disturbance shall be documented with a GPS unit and reported to the state and federal 

regulatory agencies.

Mohave ground squirrel surveys are only valid for 12 months. Therefore, they shall be done no more 

than 12 months prior to the start of construction within suitable habitat in a particular area. If no 

Mohave ground squirrels are found during the surveys, no additional mitigation would be required.
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Mojave fringe-toed lizard surveys shall occur no more than 24 hours prior to the start of construction.

Surveys shall be conducted within suitable habitat within the work area and a 100-foot buffer. Any 

Mojave fringe-toed lizards observed in the work area shall be allowed to move out of the work area. 

Those that become trapped in the work area shall be captured and moved to nearby suitable habitat 

outside of the work area.

Qualified biologists shall conduct preconstruction surveys for banded Gila monsters no more than 24 

hours prior to the start of construction within all suitable habitat in Segments 3 and 4. Surveys shall be 

conducted within suitable habitat within the work area and a 100-foot buffer. Any Gila monsters 

observed within the work areas shall be allowed to move out of the work area and those that become 

trapped within the work area shall be carefully moved to nearby suitable habitat by a qualified biologist.

The handler shall have the applicable and necessary permit to handle and move lizards.

Qualified biologists shall conduct preconstruction surveys for BLM-sensitive and Clark County multiplespecies habitat conservation plan (MSHCP) covered reptile species no more than 48 hours prior to the 

start of construction in areas of suitable habitat. Surveys shall be conducted within the work area and 

include a 100-foot buffer. Any sensitive reptile species observed within the work areas shall be allowed 

to move out of the work area and those that become trapped within the work area shall be very 

carefully moved to nearby suitable habitat by a qualified biologist. 

The Applicant DesertXpress Enterprises, LLC shall implement the following measures, to avoid 

disturbance of tree, shrub- or ground-nesting special-status and migratory birds and raptors:

• If construction activities are scheduled to occur during the breeding season (generally between 

February 15March 1 and September 1 August 15), a qualified wildlife biologist shall conduct focused 

nesting surveys within the appropriate habitat and an appropriate buffer distance up to 0.25 mile 

from the limit of Project disturbance for nesting raptors.

• The focused surveys shall include tree- and shrub-nesting birds, ground-nesting birds, and cliffnesting birds. The surveys shall be conducted within the two-week period before initiation of 

construction activities in a particular area between FebruaryMarch 15 and September 1 August 15. If 

no active nests are detected, then no additional mitigation would be required. 

• Follow-up surveys shall be required on a monthly basis during the breeding season. If surveys 

indicate that active nests are present in any areas that would be directly affected by construction 

activities, a no-disturbance buffer would be established around the site to avoid disturbance or 

destruction of the nest site until after a wildlife biologist determines that the young have fledged 

(usually late June to mid-July). The extent of these buffers shall be determined by a wildlife biologist 

in consultation with the CDFW in California and the NDOW in Nevada and will depend on the level of 

noise or construction disturbance, line of sight between the nest and the disturbance, ambient 

levels of noise and other disturbances, and other topographical or artificial barriers. These factors 

shall be analyzed to make an appropriate decision on buffer distances.

A qualified biologist shall conduct preconstruction surveys for active burrows according to the CDFW 

Staff Report on Burrowing Owl Mitigation (CDFW 2012). guidelines for burrowing owl (1993 and 1995).

The preconstruction surveys shall be conducted by a qualified biologist 14 days and 24 hours before 

initiation of construction activities to locate active burrowing owl burrows within the work area and 

include a 250-foot buffer and within the 2-week period before initiation of construction activities to 

locate active burrowing owl burrows. The preconstruction surveys shall include a nesting season survey 
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and a wintering season survey the season immediately preceding construction. If no burrowing owls are 

detected, no further mitigation would be required. 

Focused surveys for the presence of sensitive bat species shall be conducted in areas that provide 

suitable roosting or nursery habitat including trees, rock outcrops, and bridges. If a roosting site is active 

and cannot be avoided, the Applicant DesertXpress Enterprises, LLC shall consult with a bat expert in 

conjunction with the CDFW in California and the NDOW in Nevada to develop appropriate exclusion 

methods. If it is determined that a nursery sites is active and cannot be avoided, construction activities 

that would disturb the nursing bats shall be delayed until the breeding cycles for the bats are 

completed. The Applicant DesertXpress Enterprises, LLC shall consult with a bat specialist in order to 

determine the breeding cycle for bats. The Applicant DesertXpress Enterprises, LLC shall document the 

results of any exclusion or avoidance of roosting/nursery sites for bats.

Qualified biologists shall conduct preconstruction surveys for American badger no more than 48 hours 

prior to the start of construction. Surveys shall be conducted within the work area and a 100-foot buffer. 

Any American badgers observed in the work area shall be allowed to leave the work area.

Construction activities conducted within suitable desert bighorn sheep habitat outside the I-15 right of 

way in the Mountain Pass area of the Project shall not occur during the period of the year when desert 

bighorn sheep are lambing (from January 1 to April 30). If construction activities must occur during the 

desert bighorn sheep lambing period, pre-construction surveys for lambing desert bighorn sheep shall 

be conducted prior to construction. If lambing desert bighorn sheep are found, then the Applicant

DesertXpress Enterprises, LLC shall consult with the BLM and the CDFW to identify appropriate 

avoidance measures.

Qualified botanists shall conduct preconstruction surveys for sensitive botanical species and invasive, 

non-native weed species prior to initiating construction of the Project. If sensitive botanical species are 

observed within the temporary construction area of effect, avoidance and minimization measures shall 

be applied by the Applicant DesertXpress Enterprises, LLC. 

Temporary environmental fencing shall be installed around sensitive biological and botanical resources 

prior to the commencement of on-site Project construction in order to avoid unnecessary adverse 

effects to the resource. These areas shall be signed for avoidance by construction equipment and 

personnel. USFWS- and BLM-approved desert tortoise exclusionary fencing shall be erected under 

supervision by an authorized biologist within portions of the Project that occur in desert tortoise habitat. 

Temporary desert tortoise fencing shall be installed in areas of construction that are beyond the 

perimeter of the right-of-way or in areas where construction staging would occur. This includes fencing 

all work areas, temporary equipment and vehicle yards, and material staging and storage areas, as 

defined in the biological opinion. Desert tortoise exclusionary fencing and clearance surveys shall be 

undertaken no more than 10 days prior to initiating construction activities. After installation of the 

temporary fencing, the entire Project area shall be surveyed for desert tortoises by an authorized 

biologist. Following the procedures and precautions outlined in the Desert Tortoise Council’s guidelines, 

all desert tortoise pallets and burrows within the survey areas shall be examined and excavated by hand, 

either by or under the direct supervision of an authorized biologist, and unoccupied features collapsed 

to prevent re-entry. After installation, the fence shall be regularly inspected to ensure its integrity. 

Desert tortoise encountered during preconstruction surveys shall be relocated off the Project based on a 

USFWS and BLM approved Project-specific Desert Tortoise Relocation Plan. At a minimum, the Desert 

Tortoise Relocation Plan shall require the desert tortoises found within the Project area be removed to 
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undisturbed areas beyond the construction site and relocated within their own territory where they may 

be familiar with alternate burrows. If no natural burrows are available, artificial burrows shall be created 

following the Desert Tortoise Council’s guidelines. Only biologists authorized by the USFWS shall handle 

desert tortoises and shall follow the guidelines established by the Desert Tortoise Council.

The Applicant DesertXpress Enterprises, LLC shall install and maintain permanent exclusionary fencing 

along the open portion of the rail alignment in areas of suitable bighorn sheep habitat. The fencing shall 

be constructed to ensure that bighorn sheep cannot access the rails rail corridor. or any

culverts/tunnels. In addition, prior to initiating construction, temporary exclusionary fencing shall be 

placed around all sensitive botanical species that occur within the temporary construction areas. These 

areas shall be signed for avoidance by construction equipment and personnel.

Mitigation Measure BIO-3: Conduct Construction Monitoring

The Applicant DesertXpress Enterprises, LLC shall implement the following measures during Project 

construction:

• Qualified biologists shall be on site during any construction activity within or near special-status 

species habitat to ensure the implementation and compliance of environmental commitments and 

avoidance measures.

• The qualified biologist shall have the authority to stop work if dangers to desert tortoises or other 

special-status wildlife species arise and allow work to proceed after the hazard has been removed. 

The USFWS Southern Nevada and Ventura Ecological Services Offices and BLM Field must be notified 

of any desert tortoise injury or death resulting from Project-related activities. In addition, the 

USFWS Division of Law Enforcement shall also be notified in accordance with reporting 

requirements. As part of the monitoring, the biologists shall check construction areas immediately 

before construction activities each day to ensure that no special-status wildlife species have moved 

into the construction area. If tortoises are discovered within the construction area they shall be 

relocated by an authorized biologist based on the Desert Tortoise Relocation Plan.

• All construction activities shall be confined to the designated work areas. Grubbing of vegetation 

shall only be to the extent necessary for construction and shall be limited to areas designated for 

that. An authorized qualified biologist(s) shall be present during all initial brushing or grading 

activities within the Project area. Overnight parking and storage of equipment and materials would 

be limited to previously disturbed areas or areas identified in the BLM right-of-way grant.

• All vehicle traffic shall be restricted to existing roads or land management agency approved newly 

constructed roads. The Applicant DesertXpress Enterprises, LLC shall ensure that cross-country 

travel for construction purposes outside of the areas of desert tortoise fencing is prohibited.

• Construction vehicles within sensitive species habitat shall not exceed 15 miles per hour.

• A litter-control program shall be implemented during construction. The program shall include the 

use of covered, raven-proof trash receptacles, daily removal of trash from work areas to the trash 

receptacles, and proper disposal of trash in a designated solid waste disposal facility. Precautions 

shall also be taken to prevent trash from blowing out of construction vehicles.

• No pets or firearms shall be permitted in the work area.

• Both pre- and post-construction photographs shall be taken to document sensitive habitat 

conditions within the limits of Project disturbance.

• Trenches and holes shall be completely and securely covered by end of the workday. If the hole or 

trench is too large to be covered, then wildlife escape ramps shall be built such that any entrapped 

wildlife can escape on their own. Prior to the start of work on the next day, the approved biologist 

shall inspect any holes and trenches that have been covered or ramped to determine if wildlife have 
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fallen in overnight. If non-listed wildlife is discovered within the hole or trench, the approved 

biologist will remove and relocate the individual out of the Project limits. If a listed species is 

discovered within a hole or trench, DesertXpress Enterprises, LLC will allow the animal to escape out 

of harm’s way. If the animal is not able to escape in its own, DesertXpress Enterprises, LLC shall stop 

work within the immediate vicinity and notify the appropriate resources agency before construction 

proceeds.

Mitigation Measure BIO-4: Avoid the Dispersal of Invasive, Non-Native Weed Species into Uninfested 

Areas

To avoid the introduction or spread of invasive, non-native weed species into uninfested areas, the 

Applicant DesertXpress Enterprises, LLC shall incorporate the following measures into the Project plans 

and specifications: 

• Use only certified, weed-free, imported erosion-control materials (or rice straw in upland areas).

• Coordinate with BLM field offices and the NPS to ensure that the appropriate best management 

practices (BMPs) are implemented.

• Educate construction supervisors and managers on weed identification and the importance of 

controlling and preventing the spread of invasive, non-native weed species.

• Clean equipment at designated wash stations before and after entering the Project construction 

area. Equipment shall be cleaned prior to entry to the Project site and upon demobilization.

• An invasive, non-native weed species survey of the Project right-of-way, including temporary work 

areas, shall be completed prior to initiating Project construction. All areas disturbed by the Project 

shall be surveyed using approximately 30-foot meandering transects. Populations of invasive, nonnative weed species shall be identified and mapped using global positioning systems (GPS).

• Develop an approved Invasive Weed Species Monitoring and Treatment Plan to detect and treat any 

noxious invasive, non-native weed species in the construction area. The plan shall include methods 

for monitoring, treating and reporting invasive, non-native weed species infestations within the 

construction area. The Invasive Weed Species Monitoring and Treatment Plan shall be drafted and 

submitted to the BLM prior to initiating construction as part of the BLM ROW grant requirements.

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

Access Roads) at Each Project Site

The Applicant DesertXpress Enterprises, LLC shall clearly stake and flag the work zone prior to 

construction within areas of suitable habitat. During the environmental training program, construction 

personnel shall be informed about the importance of avoiding ground-disturbing activities outside the 

designated work area. During construction, the construction monitors and resource monitors shall 

ensure that construction equipment and associated activities avoid any disturbance of native vegetation 

and sensitive resources outside the designated work zones. Contaminant run-off shall be contained 

within the temporary construction boundaries and clean-up efforts shall be initiated immediately. Cleanup procedures shall be coordinated with the responsible agency to ensure additional resource damage 

does not occur.

Mitigation Measure BIO-6: Reestablish Preconstruction Site Conditions to Allow Revegetation

The Applicant DesertXpress Enterprises, LLC shall restore disturbed areas of native vegetation to 

preconstruction site conditions. To ensure that effects on native plant species and communities are not 

long-term, the Applicant DesertXpress Enterprises, LLC shall stockpile and immediately replace native 
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topsoil within the Project right-of-way, and reestablish natural site topography (including necessary 

amendments to soil structure) to allow natural colonization of plant species.

In both California and Nevada, the Applicant DesertXpress Enterprises, LLC shall relocate all succulents 

within the limits of disturbance to undeveloped BLM-administered public lands or maintain them within 

a temporary nursery (located within the right-of-way) and replant within the ROW as part of site 

restoration activities.

In areas that require immediate stabilization, non-vegetative techniques that allow native species to 

reestablish can be used, including use of weed- and disease-free mulch, erosion blankets, or rolled 

organic fiber material.

Erosion control seed mixes may be necessary on selected sites. If sites need to be stabilized through 

seeding, the seed mix would be composed entirely of native and locally occurring species appropriate 

for stabilizing local site conditions. All seed mixes shall be approved by the BLM, Caltrans, and NDOT 

prior to initiating restoration activities. Special attention shall be given to erosion control near 

ephemeral drainages and within playas. The Applicant DesertXpress Enterprises, LLC shall determine 

site-specific erosion control measures (non-vegetation or mechanical techniques) in consultation with a 

vegetation specialist and Project engineer.

Mitigation Measure BIO-7: Retain and Stockpile Topsoil

The Applicant DesertXpress Enterprises, LLC shall remove native topsoil from areas of permanent 

disturbance outside of the Interstate 15 freeway ROW and stockpile within the Interstate 15 freeway

ROWright-of-way. To avoid altering local hydrologic conditions or flood flows, spoils materials shall not 

be placed in sensitive habitat areas or within or adjacent to ephemeral drainages. Prior to disturbance, 

native topsoil shall be excavated and stockpiled for later reapplication in native vegetation areas. 

Separate stockpiling areas shall be identified and clearly marked for each different vegetation type as 

appropriate. The exact depths shall be determined for each native vegetation type and depend upon the 

stratigraphy and soil profiles (estimated to be 6-12 inches in depth). The excavated soil depths shall 

exceed the restored soil depths to allow for soil compaction during placement. The stockpiled soil shall 

not be covered to minimize damage to propagation material from heated soil conditions but it shall be 

protected from construction activity and signed to identify it as a protected resource.

Mitigation Measure BIO-8: Restore Natural Site Topography

The Applicant DesertXpress Enterprises, LLC shall be responsible for restoring the natural site 

topography of temporarily disturbed areas to pre-Project contours. The restored topography shall mimic 

the pre-Project condition to the greatest extent possible. Minor modifications may be required to 

conform with post-Project site condition. Construction area soil compaction shall be treated using 

grubbing, raking, and other BLM-approved soil decompaction techniques as part of the Project 

restoration. Proper compaction of the subsurface material and plow furrows is necessary to help 

prevent surface and subsurface migration of water along the plow or trench furrow, and to prevent 

trench settlement. The reapplied topsoil in the right-of-way temporary disturbance areas outside of the 

ROW shall be left in roughened condition to facilitate the establishment of vegetation and reduce the 

potential for erosion. Excessive passes of finish grading equipment that would compact topsoil shall be 

avoided. Upon completion of the grading operations, no further vehicular traffic shall be allowed, other 

than necessary mitigation planting equipment.
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Mitigation Measure BIO-9: Implement Erosion Control Measures as Appropriate

The Applicant DesertXpress Enterprises, LLC shall prepare and implement an erosion control and 

restoration plan to control short-term and long-term erosion and sedimentation effects and to restore 

soils and native vegetation in areas temporarily affected by construction activities. The plan shall include 

requirements of applicable erosion control ordinances and grading permits and shall implement BMPs 

for erosion and sediment control as necessary. The erosion control plan shall be drafted and submitted 

to the BLM prior to initiating construction as part of the BLM ROW grant requirements.

In areas that require immediate stabilization, non-vegetative techniques that allow native species to 

reestablish can be used, including use of weed- and disease-free mulch, erosion blankets, or rolled 

organic fiber material. The use of such measures shall be identified in the Stormwater Pollution and 

Prevention Plan (SWPPP) for the Project or recommended by a soil or civil engineer based on slope, soil 

type, or other site factors as necessary and may be required later in the design phase.

Mitigation Measure BIO-10: Obtain a Tree or Plant Removal Permit from San Bernardino County and 

the Nevada Division of Forestry

The Applicant shall obtain a Tree or Plant Removal Permit from San Bernardino County and the Nevada 

Division of Forestry. This permit is issued in compliance with San Bernardino County Development Code 

Subsection 88.01.050 for removal of regulated plants. The Applicant DesertXpress Enterprises, LLC shall 

comply with all provisions of the Permit. A permit shall be required from the Nevada Division of Forestry 

and/or the BLM in order to relocate succulents within the Project alignment. The Applicant DesertXpress

Enterprises, LLC shall also comply with the California Desert Native Desert Plants Act, consistent with 

pertinent BLM regulations.

Mitigation Measure BIO-11: Compensate for the Loss of Sensitive Vegetation Communities

The Applicant DesertXpress Enterprises, LLC shall compensate for the loss of Sensitive Vegetation 

Communities prior to initiating construction. Compensation ratios shall be based on site-specific 

information and determined through coordination with state and federal agencies (Caltrans, NDOT, the 

United States Army Corps of Engineers (USACE) and the BLM). This site-specific information will 

supplement the executed studies for the Project, including the 2010 botanical survey in California near 

Mountain Pass investigating the area where Segment 4C, if constructed, would be located. 

Compensation should be provided at a minimum 1:1 ratio (1 acre restored or created for every 1 acre 

removed/disturbed) and may be a combination of onsite restoration/creation, offsite restoration, or 

mitigation credits. The Applicant DesertXpress Enterprises, LLC shall develop and implement a 

restoration and monitoring plan that describes enhancement of sensitive communities, creation, and 

monitoring over a select time period.

Mitigation Measure BIO-12: Conduct Preconstruction Surveys and Identify Sensitive Areas

The Applicant DesertXpress Enterprises, LLC shall mark specific areas of important riparian vegetation 

with orange fencing and the limits of disturbance narrowed to reduce effects to sensitive vegetation 

where the rail alignment crosses the Mojave Riverin the Mountain Pass area.

Mitigation Measure BIO-13: Avoid Known Special-Status Plant Populations during Project Design

To the extent possible, the Applicant DesertXpress Enterprises, LLC shall design the Project to avoid 

special-status plant populations, updating design-build Project plans accordingly. The Applicant
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DesertXpress Enterprises, LLC shall comply with the minimum survey and mitigation standards as 

required by BLM Manual 6840-1. Where avoidance is infeasible, the Applicant DesertXpress Enterprises, 

LLC shall focus on minimizing the width of construction work areas in and around special-status plant 

populations. Before construction, special-status plant populations shall be demarcated with temporary 

orange construction fencing and posted as a restricted area. Depending on the proximity of the 

populations to the construction work area, populations shall be monitored to ensure adverse effects on 

special-status plant populations are avoided. If effects on special-status plant populations are 

unavoidable, the Applicant DesertXpress Enterprises, LLC shall implement Mitigation Measure BIO-14.

Mitigation Measure BIO-14: Compensate for Adverse Effects on Special-Status Plant Populations

If effects on a special-status plant population are unavoidable, the Applicant DesertXpress Enterprises, 

LLC shall coordinate with the USFWS to determine the appropriate mitigation strategy. If affected plants 

are listed under the federal ESA, the appropriate take permits would be obtained from USFWS. 

Currently accepted mitigation of effects on special-status plants includes acquisition and preservation of 

nearby occupied habitat, or habitat creation at a ratio determined by the regulatory agency.

Transplantation of affected populations is not considered a viable mitigation option. Creation of habitats 

with high levels of endemism, such as vernal pools, is effective only with stringent agency management 

guidelines. The Applicant DesertXpress Enterprises LLC shall coordinate with the USFWS to develop an 

effective mitigation and monitoring plan for specific vernal pool plants in conjunction with the 

construction of compensatory vernal pool habitat. Alternatively, the Applicant DesertXpress Enterprises 

LLC could acquire and preserve nearby high-quality occupied habitat, with the Applicant DesertXpress 

Enterprises LLC responsible for the long-term habitat management.

Mitigation Measure BIO-15: Prepare a Desert Tortoise Relocation Plan

The Applicant DesertXpress Enterprises LLC shall develop a Desert Tortoise Relocation Plan in 

conjunction with the USFWS Southern Nevada and Ventura Ecological Services Offices and the BLM, the 

NPS,. The relocation plan shall outline procedures and protocols to follow when tortoises need to be 

relocated out of the areas of disturbance. The relocation plans shall include:

• Clearance procedures for construction areas;

• Relocation procedures;

• Procedures for determining the health of tortoises;

• Relocation areas;

• Methods that shall be used to manage and protect relocation areas;

• Monitoring for short and long term success of the plan; and

• Permitted activities.

Mitigation Measure BIO-16: Prepare Final Mitigation Monitoring Report

The Applicant DesertXpress Enterprises, LLC shall ensure that no more than 90 days after the completion 

of construction, the monitoring biologists prepare a report for the USFWS, the BLM, and appropriate 

state agencies. The report shall include the effectiveness of mitigation measures, the results of 

preconstruction and construction monitoring including the number of desert tortoises excavated and 

moved.
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Mitigation Measure BIO-17: Implement Mitigation Measures Outlined by the Regional USFWS 

Ecological Services Office to Protect Desert Tortoises

The Applicant DesertXpress Enterprises, LLC, in accordance with the USFWS guidance, shall pay 

mitigation fees for disturbance to desert tortoise habitat on BLM administered public lands in Nevada.

Mitigation Measure BIO-18: Compensate for the Permanent Loss of Desert Tortoise Habitat

The Applicant DesertXpress Enterprises, LLC shall provide compensation for the permanent loss of 

desert tortoise habitat. Compensation for loss of habitat in California shall be provided by the Applicant

DesertXpress Enterprises, LLC according to requirements of the BLM and the USFWS. Current 

requirements for loss of desert tortoise habitat are based on a formula of 5:1 inside Desert Wildlife 

Management Areas (DWMAs) inside desert tortoise designated critical habitat and 1:1 outside of desert 

tortoise DWMAs designated critical habitat. For the purposes of the Project, changes to the 

compensation formula must be reviewed and approved by the USFWS, the NPS, and BLM. 

For Project-related loss of habitat in Nevada, the Applicant DesertXpress Enterprises, LLC shall follow the 

mitigation measures outlined by the Regional USFWS Ecological Office for the protection of desert 

tortoises.

Mitigation Measure BIO-19: Construct Exclusion Fencing, Culverts, and Wildlife Crossings

The Applicant DesertXpress Enterprises, LLC shall install culverts under the proposed railroad line that 

match existing I-15 or Union Pacific Railroad (UPRR) culverts. Where the Project deviates from existing 

transportation facilities, the Applicant shall install culverts adequately designed to serve as wildlife 

crossings at natural drainage features and at appropriate intervals to allow for wildlife passage, 

including, but not limited to, desert tortoises and other wildlife to pass under the proposed rail 

alignment. The Project design shall mimic existing conditions (in-line piers, height, and width) to ensure 

flow for natural drainages equal to or greater than four feet in width (as measured by the distance 

between the ordinary high water mark on each side of the drainage) during Project construction or 

operation in order to reduce potential effects to wildlife movement, including, but not limited to, desert 

tortoise and desert bighorn sheep. The bridges, culverts and fencing would be designed and spacing 

determined through coordination with the USFWS, BLM, Caltrans, and NDOT the NPS, the BLM, the 

California Department of Fish and Game (CDFG), the Nevada Department of Wildlife (NDOW), and the 

United States Environmental Protection Agency (EPA to ensure they meet agency wildlife standards. 

Where Eexclusion fencing is installed, it would be designed in such a way to would be constructed 

parallel to the rail line and would direct tortoises and other wildlife species to the culverts.

Recommendations for wildlife crossings can be found in Wildlife Crossing Structure Handbook Design 

and Evaluation in North America,1 California Essential Habitat Connectivity Project2, and Areas of 

Conservation Emphasis3.

1 Wildlife Crossing Structure Handbook Design and Evaluation in North America: Chapter 4. Designs, Toolboxes, Guidelines, and 

Practical Applications. Prepared by Western Transportation Institute for Federal Highway Administration Planning. 224 pages. 

Available at: https://www.fhwa.dot.gov/clas/ctip/wildlife_crossing_structures/ch_4.aspx

2 Spencer, W.D., P. Beier, K. Penrod, K. Winters, C. Paulman, H. Rustigian-Romsos, J. Strittholt, M. Parisi, and A. Pettler. 2010. 

California Essential Habitat Connectivity Project: A Strategy for Conserving a Connected California. Prepared for California 

Department of Transportation, California Department of Fish and Game, and Federal Highways Administration.

3 California Department of Fish and Wildlife (CDFW). 2018. Areas of Conservation Emphasis (ACE) Version 3.0 Model. Website 

https://map.dfg.ca.gov/ace/
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Mitigation Measure BIO-20: Compensate for the Permanent Loss of Mohave Ground Squirrel Habitat

If Mohave ground squirrels are determined to be present in the Project area outside of the I-15 right-ofway, the Applicant DesertXpress Enterprises, LLC shall mitigate for the permanent loss of suitable 

habitat. Acreage of suitable habitats outside of the I-15 right-of-way that could be permanently affected

by the project. 

Mitigation Measure BIO-21: Avoid Active Burrows or Passively Relocate Owls

If burrowing owls are detected within 250 feet of proposed construction within the Project area, the 

Applicant DesertXpress Enterprises, LLC shall implement the following measures:

• Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31).

• If avoidance is the preferred method of dealing with potential effects, no disturbance shall occur 

within 160 feet of occupied burrows during the non-breeding season or within 250 feet during the 

breeding season.

• If destruction of occupied burrows is unavoidable during the non-nesting season (September 1–

January 31), passive relocation techniques (e.g., installing one-way doors at burrow entrances) shall 

be used instead of trapping and active relocation. At least one week will be necessary to accomplish 

passive relocation and allow owls to acclimate to alternate burrows. Unsuitable burrows that will 

not be destroyed in the vicinity of the Project shall be enhanced (enlarged or cleared of debris).
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