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Mitigation Measure Summary

1.0 Introduction

This summary lists the mitigation measures for the DesertXpress Enterprises, LLC dba Brightline West, 

Brightline West Las Vegas to Victory Valley Project (Project) (formally XpressWest) as provided in the 

National Environmental Policy Act Reevaluation for the Brightline West Las Vegas to Victory Valley 

Project (2023 Reevaluation). 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 

During the design-build process of Project plans, Brightline West shall coordinate with the Federal 

Aviation Administration (FAA) and the Clark County Department of Aviation (CCDOA) to avoid impacts to 

the one-engine 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). Brightline West 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 relevant portions of the Project. 

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

During the design-build process, Brightline West shall coordinate with the FAA regarding any existing and 

planned airport uses and established Runway Protection Zones. Brightline West 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

Brightline West 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 Project includes the Victor Valley Station, which would be located less than 20 miles south of 

Barstow. Brightline West 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 Project. Brightline West will work with the City of Barstow to ensure its residents are 
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informed of job opportunities both during construction and operation of the Project. Brightline West 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, Brightline West 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

Brightline West 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 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 Victor Valley Station site, Brightline West 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, Brightline West shall provide alternative water sources as 

approved by the BLM. 

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.

Mitigation Measure FAR-3: Fencing and Gate Modifications

Prior to ground disturbance and construction of the Victor Valley Station site, Brightline West 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. Brightline West shall replace 

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

the BLM.

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, Brightline West shall purchase the rights to the grazing allotment(s) directly 

affected by the Ivanpah Electrical Substation and Victor Valey Station site 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.
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1.4 UTILITIES/EMERGENCY SERVICES

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

Brightline West 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, Brightline West 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, Brightline West, in coordination with the Victorville 

Water Department, shall prepare a Water Supply Assessment. Wherever feasible, Brightline West 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.

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, Brightline 

West 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 Brightline West 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, Brightline West 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, Brightline West shall either fund the upsizing of existing facilities or create new 

facilities that comply with local stormwater regulations. Brightline West 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, Brightline West 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 
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additional stormwater requiring discharge. Brightline West 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 

Brightline West shall pay any appropriate development impact fees established by the affected agencies 

at the time Brightline West 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, Brightline West shall enter in development agreements with the appropriate entities. 

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

Brightline West 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 Train Emergency 

Preparedness Plan. This plan shall set forth protocols in the event of train derailments and other 

catastrophic events. Brightline West 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, and 

emergencies involving loss of locomotive power.

Brightline West 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 Brightline West prior to opening services 

to the public.

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

Brightline West 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, Brightline West 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, Brightline West shall continue to 

coordinate closely with all electric utilities to ensure that design-build Project plans incorporate 

requirements that may be set forth for development beneath electrical transmission lines. 
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• When grading activity affects access roads associated with the Los Angeles Department of Water

and Power (LADWP) transmission line, Brightline West shall replace the affected sections of access

roads using the LADWP's Access Road Design Criteria.

• Petroleum pipelines: Throughout the design-build process, Brightline West 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.

1.5 TRAFFIC

Mitigation Measure TRAF-1: Victor Valley Station

Brightline West shall be responsible in full for these mitigations:

• 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

Brightline West shall also be responsible for contribution toward the widening of the southbound onramp 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 the way 

downstream, removing the merge to a single-lane on-ramp south of the intersection. Brightline West’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: Warm Springs Station 

Brightline West 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

•
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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

Brightline West 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

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

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

longer part of the Project. 
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Mitigation Measure TRAF-4: Conduct a Design Review within the Parameters Defined in the Highway 

Interface Manual

Brightline West 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 rightof-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 Brightline West 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

• Emergency preparedness plans

• Emergency crossovers

1.6 VISUAL RESOURCES

Mitigation Measure VIS-1: Rail Features

Per Mitigation Measure TRAF-4, Brightline West 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. Brightline West 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. Brightline West shall create the 

features in earth colors and avoid bright colors and highly reflective materials. Brightline West shall 

design in the design-build process certain rail features to include visual treatments and/or elements that 
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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 Aesthetic and Landscape Master (PALM) 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, 

mitigation measures will be included in the rail corridor design, construction and/or the rolling stock to 

address potential visual distraction to motorists from oncoming train lights. Coordination with the above 

agencies shall establish specific details regarding the type of mitigation and may also identify locations 

for physical screening. 

Mitigation Measure VIS-2: Victor Valley Station Features

Brightline West shall ensure that design build plans for the Victor Valley Station and its associated 

elements, such as the parking garages and pedestrian walkways, incorporate architecture, earth colors, 

and landscaping that reflect the surrounding non-urbanized aesthetic consistent with the PALM Plan 

Concept. The landscaping plan shall include the use of drought resistant desert plants, gravels, and 

boulders. Pedestrian elements such as pathways and portals in both the station building and the 

associated garages shall incorporate desert elements such as landscaping, 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.

Additionally, Brightline West shall coordinate with stakeholder agencies to create a unified aesthetic 

theme that supports the goals of the community. All corridor stakeholders shall continue to collaborate 

on decisions regarding specific design elements as part of the Aesthetic and Landscape Task Force (ALTF). 

The aesthetic treatment of the structures shall involve color, texture, and patterns that tie into the 

Brightline West Project's PALM. The objective will be to create a visual link between the structures and 

other Project elements along the corridor while also tying in with the overall unified corridor concept.

Mitigation Measure VIS-3: Maintenance Facility Features

Brightline West 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 

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.

Additionally, Brightline West, shall coordinate with stakeholder agencies to create a unified aesthetic 

theme that supports the goals of the community. All corridor stakeholders shall continue to collaborate 

on decisions regarding specific design elements as part of the ALTF. The aesthetic treatment of the 
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structures shall involve color, texture, and patterns that tie into the Brightline West Project's PALM. The 

objective will be to create a visual link between the structures and other Project elements along the 

corridor while also tying in with the overall unified corridor concept.

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. 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

Brightline West 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, 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, Brightline West 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 PALM Plan Concept. 

Mitigation Measure VIS-7: Construction Site Management

Brightline West 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

Brightline West 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 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

Brightline West shall erect visual screening along construction areas as appropriate to ensure safety and 

minimize visual intrusions.
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Mitigation Measure VIS-10: Replacement of Impacted Freeway Landscaping

Brightline West 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 PALM 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 droughttolerant 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 has culminated in an new PA that was executed in August 2023 fulfilling FRA’s 

responsibilities under Section 106. 

Mitigation Measure CR-1: Avoidance of Archaeological Resources 

Brightline West 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. 
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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. The 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 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. 

Brightline West 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). 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.” 

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 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, Brightline West 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 
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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). 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 

Brightline West shall ensure that all persons meeting the Secretary of the Interior’s Professional 

Qualifications Standards who are supervising activities conducted 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

. 

Brightline West 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 Brightline West shall immediately notify FRA. 

Brightline West 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 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. If the discovery is located on federal 

lands, the federal land agency may develop their own Native American Graves Protection and 

Repatriation Act (NAGPRA) Plan of Action (POA) to guide treatment and disposition.

Mitigation Measure CR-7: Annual Reporting 

If required by the Section 106 agreement document, Brightline West shall submit to the FRA an annual 

report documenting the completion status of the items outlined below: 

• A list of all studies, reports, actions, evaluations, or monitoring. 

• 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.

The 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 

Brightline West 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.
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Mitigation Measure CR-9: Further Evaluation of Geologic Units 

Before ground-disturbing activities begin, Brightline West 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.

Mitigation Measure CR-10: Preconstruction Meeting and Worker Awareness Training 

Brightline West 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.
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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, Brightline 

West 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 

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.
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1.8 HYDROLOGY, WATER QUALITY, AND AQUATIC RESOURCES

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

To protect water quality Brightline West 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

Brightline West shall initiate construction activities with the installation of erosion control BMPs. Within 

design-build plans, Brightline West shall identify specifications of BMPs for grading and erosion control 

that are necessary to reduce erosion and sedimentation. These BMPs shall be selected to achieve 

maximum sediment removal and represent the best available technology that is economically 

achievable. Standard erosion control measures, such as management, structural, and vegetative 

controls, shall be implemented for all construction activities that expose soil. BMPs to be implemented 

as part of this mitigation measure may include, but are not limited to, the following measures:

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

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

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

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

on the construction site as soon as possible after disturbance. To avoid the spread or introduction of 

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;

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

Construction General Permit

Brightline West 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. Brightline West 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. 

Brightline West shall implement the SWPPP. The implementation of the SWPPP in Project design plans 

will reduce the likelihood that stormwater will carry any spilled contaminants to water channels and 

reduce construction related impacts.

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

Prior to beginning any construction activity, Brightline West 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.

Brightline West shall implement appropriate hazardous material management practices identified in the 

SPCCP to reduce the potential for chemical spills or releases of contaminants, including any nonstormwater discharge to drainage channels. If a spill occurs, cleanup, containment, and response 

measures in the SPCCP shall be implemented by Brightlinw West. 

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, Brightline West

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 design features deviate from the I-15 freeway and existing drainage facilities, 

Brightline West shall install culverts at natural drainage features.
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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 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 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.

In addition to all the above mitigation measures, Brightline West 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 modified Project features are located within the 100-year floodplain, Brightline West shall elevate 

the base elevation of rail and stations, including maintenance facilities or relocate them within the 

facility footprint to avoid any impact. Portions of the rail alignment may utilize track support columns 

that are located within 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. Brightline West 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 

Brightline West shall not store construction equipment or materials within the limits of influence that 

are located in areas of the 100-year floodplain 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 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 on Water Resources 

During the design-build process for Segment 3, Brightline West 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.
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Mitigation Measure HYD-10: Minimize Impacts on Water Availability

Brightline West shall obtain water from existing commercially available water sources during 

construction. Brightline West shall not develop new groundwater wells or surface water impoundments 

without 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, 2, and 3, as well as all stations and facilities associated with these segments, Brightline 

West shall conduct a site-specific, detailed evaluation, which includes surface reconnaissance and 

subsurface assessment, which shall be performed by a qualified geologist. Brightline West 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, Brightline West 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, Brightline West shall conduct a site-specific 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. Brightline West 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. Brightline West 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, Brightline West shall conduct a site-specific 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. Brightline West shall incorporate 

recommendations of this evaluation that avoid or minimize impacts related to liquefaction into designbuild Project plans. 

Mitigation Measure GEO-4: Dam-Inundation 

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

West 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, Brightline West shall conduct site-specific 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, 

Brightline West 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, Brightline West 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, Brightline West 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, Brightline West shall conduct site-specific 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, Brightline West

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, 

Brightline West 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, Brightline West

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

Mitigation Measure GEO-9: Caliche/Hard Rock Excavation 

For all rail alignments and all facilities, Brightline West shall conduct a surface reconnaissance and 

subsurface evaluation, which shall be performed by a qualified geotechnical engineer to assess soil 
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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, Brightline West 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, Brightline West shall assess groundwater conditions in the Project 

area, which shall be performed by a qualified geotechnical engineer. Before construction commences, 

Brightline West 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 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, Brightline West 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, Brightline West 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 Project facilities, Brightline West shall 

conduct an evaluation of all buildings to be demolished to determine the presence of asbestos 

containing materials and lead based paint. Before demolition commences, Brightline West 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, Brightline West 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, 

Brightline West 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. Brightline West 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 state-certified 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 pre-approval of the Department of Toxic Substance 
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Control and Caltrans. Brightline West 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, Brightline West shall profile, manifest, haul, and dispose of 

groundwater in the same manner. 

Where conditions warrant a Phase II Environmental Site Assessment (ESA), Brightline West 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.

Where contaminated groundwater is encountered, Brightline West 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, Brightline West 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, Brightline West 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. Brightline West shall incorporate the recommendations of this plan into designbuild Project plans. 
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Mitigation Measure HAZ-4: Hazardous Material Disposal 

Brightline West 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 

Brightline West 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. Brightline West 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 Brightline West: 

• 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, Brightline West 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 DES

Requirements

Consistent with Section 94 of Clark County Air Quality Guidelines, Brightline West shall compile a Dust 

Mitigation Plan that is consistent with measures identified in the DES Construction Activities Dust 
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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 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.

Brightline West 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.

• 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 

Brightline West 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. 

Brightline West 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 
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been identified, noise barriers would not be effective and other mitigation options would need to be 

implemented. 

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.) 

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, Brightline West 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.
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Mitigation Measure NV-4: Property Acquisitions or Easements 

Where sensitive receptors would be dispersed or limited in nature, Brightline West may choose to 

implement property acquisitions or easements rather than Mitigation Measure NV-1 to mitigate severe 

noise impacts. Brightline West 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

Brightline West 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.

With the incorporation of the appropriate noise mitigation measures, impacts from constructiongenerated noise should not be adverse. To provide added assurance, Brightline West 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. FRA 

received USFWS concurrence on the revised mitigation measures on May 6, 2021. 
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In order to incorporate modifications to the proposed action since the September 2020 Reevaluation, 

specifically for the Sloan Vehicle Maintenance Facility (VMF), revisions to the mitigation measures 

initially described in the Project’s Biological Opinion (BO; USFWS 2021) are also proposed. 

These updated mitigation measures have been confirmed through consultation with the USFWS and 

documented in accordance with Section 7 of the Endangered Species Act. FRA sent a concurrence letter 

to USFWS on July 31, 2023, and received USFWS concurrence on the revised mitigation measures on 

September 1, 2023. Mitigation Measure DT-30 has been added based on recent consultation with the 

USFWS, and is presented in bold following the applicable BO measures listed below. The measures 

below are a combination of both Biological Opinions that have been approved by the USFWS. The 

measures marked with an * remain unchanged from the May 6, 2021 Biological Opinion. 

Many of the original BO protective measures apply to desert tortoise ‘suitable habitat’. The FRA 

proposes the following definition for suitable habitat within the action area:

 The I-15 median is considered unsuitable habitat, except Mountain Pass.

 We will refer to portions of the action area within existing exclusion fences that contain tortoise

habitat as unsuitable habitat. The premise here is that desert tortoises are no longer present in these 

areas because of earlier actions that have previously undergone section 7(a)(2) consultation.

 Portions of the action area that do not contain tortoise exclusion fencing are likely to be degraded

habitat. These will be treated on a case-by-case basis during application of protective measures.

 We will refer to portions of the action area outside of existing exclusion fences that contain tortoise

habitat as suitable habitat.

 An area will no longer be treated as suitable habitat after exclusion fencing has been installed, 

tortoise clearance survey has been conducted, and the transition of suitable habitat areas to

unsuitable habitat has been determined by the authorized biologist.

For the purposes of defining biologist roles and responsibilities herein, an “authorized biologist” must be 

approved by the consulting federal agencies and USFWS and possess the skills and qualifications to 

implement the minimization measures pertaining to the desert tortoise. The authorized biologist has the 

authority to designate “desert tortoise monitors” for the Project, for the tasks that the authorized 

biologist deems they have sufficient training and experience.

Mitigation Measure DT-1 

Prior to the commencement of Project-related construction activities, Brightline West shall ensure all 

personnel working within the Project area attend an environmental awareness training program. The 

program will be prepared by biologists approved by the consulting federal agencies and USFWS and/or 

the “authorized biologist” and can be presented in-person or digitally (e.g. 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 suitable desert tortoise habitat, defined above. 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 (including 
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those for the desert tortoise, as described in this document) 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. All awareness presentations and materials will be in the first language of all 

workers.

Mitigation Measure DT-2 

Brightline West 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.

To account for subsidies provided to ravens during the operational phase (food wastes, roosting and 

nesting sites, etc.), Brightline West shall pay into the Common Raven Management Fund, which is 

managed by the National Fish and Wildlife Foundation. This one-time payment of $105 per acre for the 

Victor Valley Station and the Sloan VMF permanent footprint will fund measures to control common 

ravens and their subsidies. The deposit form required by the National Fish and Wildlife Foundation is 

attached; the FRA must submit this form upon its approval of the proposed action.

Mitigation Measure DT-3*

Brightline West 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 areas of 

unsuitable habitat. 

Mitigation Measure DT-4*

Brightline West shall restrict all vehicle traffic to existing paved roads and the Project alignment within 

the permanent or temporary construction areas. Disturbance beyond the construction area would be 

prohibited except in emergency situations.

Mitigation Measure DT-5*

Brightline West shall not allow speeds in excess of 15 miles per hour for Project-related vehicles on 

unpaved roads within suitable habitat. Project-related vehicles shall obey all posted speed limits while 

on paved roads.

Mitigation Measure DT-6*

Brightline West will promptly remove all dead animals larger than desert cottontails (Sylvilagus 

audubonii) within the Project construction area and within the operational train ROW to reduce the 

adverse effects associated with predation of desert tortoise by common ravens (Corvus corax). The 

removal area does not include the I-15 freeway automobile travel lanes.

Mitigation Measure DT-7*

Brightline West will not allow construction personnel to bring pets or firearms into the work area.

Mitigation Measure DT-8 

Brightline West shall ensure an authorized biologist will be on site during any Project activity (e.g.,

construction, restoration, maintenance, etc.) within or near suitable desert tortoise habitat to ensure the 
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implementation and compliance of protective measures. Coordination of the location of desert tortoise 

monitors will be up to the discretion of the authorized biologist. Desert tortoises found within the 

Project area will be relocated to undisturbed suitable habitat either beyond and adjacent to the 

construction site (within 300 meters) or translocated to an approved receiver site as identified in the 

Project’s Desert Tortoise Translocation Strategy or Translocation Plan/Translocation Review Package. The 

Translocation Strategy would apply to desert tortoises that can be relocated within 300 meters of the 

ROW (USFWS 2020). The Translocation Plan/Translocation-Review Package would apply to desert 

tortoises found within the Sloan VMF translocation area or in the Nevada portions of the action area 

where relocation out of harm’s way within 300 meters is not approved or is not possible.

When lands managed by the BLM, non-governmental organizations, or other conservation organizations 

are available, the tortoise would be relocated the shortest possible distance (up to 300 meters from the 

ROW). Given the low likelihood of encountering a desert tortoise within the construction area and 

overall linear distance of action, a desert tortoise translocation plan was determined to not be practical 

under this BO for the components parallel to I-15. Rather, a strategy for translocation.

Mitigation Measure DT-9 

Brightline West 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 performs translocations/relocations according to the Project’s Desert Tortoise 

Translocation Plan/Translocation-Review Package (Sloan VMF) or Translocation Strategy. 

Mitigation Measure DT-10

To minimize adverse effects to the desert tortoise during the construction and operational phases, 

Brightline West shall install permanent or temporary desert tortoise exclusion fencing around project 

features, where appropriate. The locations where exclusion fencing will be installed will be done in 

coordination between the authorized biologist, the USFWS, Caltrans, NDOT, BLM, and Brightline West. 

Long-term fence maintenance will be addressed in Brightline West’s ROW agreements with both Caltrans 

and NDOT. The various ROW agreements will be provided to the USFWS. For the Sloan VMF facility, 

desert tortoise exclusionary fence is required to exclude tortoise from all Brightline facilities and 

identified areas of environmental concern. Fencing design and location for the Sloan VMF will be 

approved through coordination with USFWS and BLM prior to installation.

Mitigation Measure DT-11*

Installation of the fencing will be monitored by an authorized biologist to ensure that desert tortoises 

are not killed or injured during this activity. After installation, the fencing will be inspected at the

onset of each active season and after any rain that results in any kind of surface flow to ensure its 

integrity. Brightline West will ensure that cross-country travel for construction purposes outside of the

areas of desert tortoise fencing is prohibited.

Mitigation Measure DT-12*

In areas where high vehicular construction traffic is expected (such as yards or stations), desert tortoise 

exclusionary fencing may require the supplemental use of a desert tortoise (cattle) 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 
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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 Brightline West. Such maintenance 

would require the presence of an authorized 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 at the onset of each active season and after any rain that results in any kind of surface flow 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-13

After installation of permanent and temporary exclusionary desert tortoise fencing, the entire fenced 

area will be surveyed for desert tortoises by authorized biologists. Following the procedures and 

precautions outlined in the Translocation of Mojave Desert Tortoises from Project Sites; Plan 

Development Guidance (USFWS 2020), which includes Clearance Survey Protocols as Attachment 1, 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-14*

Brightline West shall ensure an authorized biologist will be present during all initial topsoil removal, 

blading, or grading activities within suitable habitat in the Project area. During Project implementation, 

Brightline West shall ensure all workers will inform the authorized biologist or desert tortoise monitor if a 

desert tortoise is found within or near Project areas. All work in the vicinity of the desert tortoise will 

cease and it will be observed until it is moved from harm’s way by the authorized biologist.

Mitigation Measure DT-15

Brightline West shall ensure only biologists authorized by the USFWS will handle desert tortoises and 

follow the guidelines within the Translocation of Mojave Desert Tortoises from Project Sites: Plan 

Development Guidance (USFWS 2020). Desert tortoises found within the Project area will be relocated 

to undisturbed suitable habitat either beyond and adjacent to the construction site (within 300 meters), 

or translocated to an approved receiver site as identified in the Project’s Desert Tortoise Translocation 

Strategy or Translocation Plan/Translocation Review Package. At a minimum, the plan will include 

methods for performing a full health assessment, requirements for holding tortoises in captivity such as 

a secure climate-controlled location when necessary, and the location of and procedure for translocating 

tortoises to adjacent areas/receiver sites.

The Desert Tortoise Translocation Plan/Translocation Review Package or Translocation Strategy will be 

developed and agreed upon by the Applicant, USFWS, and BLM prior to beginning construction in each 

of the Project’s six segments. The BLM would be responsible for performing any requirements to ensure 

NEPA compliance associated with the translocation of desert tortoises to its lands.

Mitigation Measure DT-16*

While working in suitable habitat, workers 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-17*

Brightline West shall ensure the authorized biologists and desert tortoise monitors have the authority to 

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

tortoise has been removed. Brightline West shall notify the Southern Nevada and Palm Springs Fish and 

Wildlife Offices and BLM Offices of any desert tortoise injury or death. The authorized biologist will 

attempt to ascertain the cause of death or injury and note whether it resulted from Project-related 

activities. Only Project-related activities apply against the incidental take statement.

Mitigation Measure DT-18*

Brightline West will replace any previously installed permanent desert tortoise exclusionary fencing 

along Interstate 15 that is removed during Project construction. There may be instances where the

fencing is no longer necessary based on changed conditions since the fencing was installed. These 

circumstances will be determined on a case-by-case basis.

Habitat Restoration and Erosion Control

Brightline West shall implement all appropriate protective measures for the desert tortoise during 

restoration work. Brightline West shall restore temporarily impacted areas appropriately with regard to 

land ownership and designated land management. 

• Brightline West shall restore all BLM lands according to specifications provided by the BLM. 

• For non-BLM lands, Brightline West will restore lands as requested by the landowner. 

• For non-BLM lands within conservation areas where the landowner does not specify restoration 

goals, Brightline West will restore lands to the same specification provide by the BLM for its 

adjacent lands.

• For non-BLM lands outside of conservation areas where the landowner does not specify 

restoration goals, Brightline West will restore lands to stabilize substrates to the appropriate 

standards. 

Mitigation Measure DT-19*

Brightline West shall install and maintain rice wattles, straw wattles, and silt fencing according to the 

Project’s Stormwater Pollution Prevention Plan (SWPPP) to prevent sediment from being transported off 

of the ROW during construction. The Applicant shall employ permanent stabilization measures upon 

completion of construction along washes and in other areas of potential erosion according to the SWPPP. 

These measures may include, but are not limited to, the use of geo-textile mats or rip-rap in areas of 

high erosion potential (erosion control devices). The rip-rap shall be designed to be compatible for use 

within desert tortoise habitat. That is, the Applicant shall install riprap that does not have gaps that can 

trap desert tortoises of any size. To minimize the extent to which a desert tortoise individual can become 

heat-stressed as a result of fence walking, the installation of silt fencing along desert tortoise exclusion 

fencing should only be used when necessary. If desert tortoises are later observed traveling along the silt 

fence, Brightline West shall install shade structures every 1,000 feet along the silt fencing.

Mitigation Measure DT-20

Brightline West 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. The exception to this measure will be at the Sloan VMF in the area(s) 
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identified as 100% excluded based on the culvert assessment (Measure DT-30) and the Translocation 

Plan/Translocation Review Package which will be prepared in coordination with USFWS and BLM.

Desert Tortoise Habitat Compensation

Mitigation Measure DT-21*

In addition to habitat restoration, in Nevada, Brightline West will compensate for habitat disturbance 

through payment of a per-acre fee for disturbance of desert tortoise habitat. For disturbance on BLM 

lands in Nevada, land remuneration fees will be used for management actions expected to promote 

recovery of the desert tortoise over time, including management and recovery of desert tortoise in 

Nevada. Actions may involve habitat acquisition, population or habitat enhancement, increasing 

knowledge of the species’ biological requirements, reducing loss of individual animals, documenting the 

species status and trends, and preserving distinct population attributes. Fees will be used to fund the 

highest priority recovery actions for desert tortoises in Nevada. The current rate is $936 per acre of 

disturbance, as indexed for inflation, effective March 1, 2021. The next adjustment will become effective 

March 1, 2022. The fee rate will be indexed for inflation based on the Bureau of Labor Statistics 

Consumer Price Index for All Urban Consumers (CPI-U) on January 31st of each year, becoming effective 

March 1st. Fees assessed or collected for projects covered under the biological opinion and 

consultation for southern Nevada will be adjusted based on the current CPI-U for the year they are 

collected. 

Information on the CPI-U can be found on the internet at: http://stats.bls.gov/news.release/cpi.nr0.htm.

For disturbance on lands in Nevada not managed by BLM, the Applicant will submit fees as described

in the attached Southern Nevada Mitigation and Conservation Account, Mojave Desert Tortoise SubAccount Deposit Document. See attached.

In California, for disturbance of BLM lands, the applicant will compensate in accordance with the Desert 

Renewable Energy Conservation Plan. LUPA-BIO-Comp 1 of the Desert Renewable Energy Conservation 

Plan states that:

Impacts to biological resources, identified and analyzed in the activity specific environmental

document, from activities in the LUPA Decision Area will be compensated using the standard biological 

resources compensation ratio, except for the biological resources and specific geographic locations 

listed as compensation ratio exceptions, specifics in CMAs LUPA-BIO-COMP-2 through -4, and 

previously listed CMAs. Compensation acreage requirements may be fulfilled through non-acquisition 

(i.e., restoration and enhancement), land acquisition (i.e., preserve), or a combination of these 

options, depending on the activity specifics and BLM approval/authorization. Compensation for the 

impacts to designated desert tortoise critical habitat will be in the same critical habitat unit as the 

impact. Compensation for impacts to desert tortoise will be in the same recovery unit as the impact.

BLM will determine the appropriate amount of compensation in its rights-of-way grant to Brightline West. 

Brightline West will compensate for impacts to desert tortoise habitat on non-BLM lands in California 

by installing desert tortoise exclusion fencing along unfenced portions of Interstate 15 within desert 

tortoise critical habitat. Specifically, Brightline West will install exclusion fencing along the north side 

of Interstate 15 from approximately post mile 77.9 to post mile 78.9 (between Old Highway 58 and Ft.
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Irwin Road) and from approximately post mile 111.6 to post mile 115.3 (north of Afton Canyon Road). 

This fencing would connect with the exclusion fencing that Brightline West would install to the east and 

west of these post miles where construction work would occur outside of the median.

TERMS AND CONDITIONS OF THE BIOLOGICAL OPINION SPECIFIC TO DESERT TORTOISE

Mitigation Measure DT-22*

To ensure that the measures proposed by the FRA are effective and are being properly implemented, 

Brightline West must contact USFWS immediately if it becomes aware that a desert tortoise has been 

killed or injured by Project activities. At that time, Brightline West 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.

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.

Mitigation Measure DT-23*

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.

Mitigation Measure DT-24*

During construction, Brightline West shall monitor the integrity of all desert tortoise exclusion fencing 

installed by Brightline West and/or where it is their responsibility to do so, at the onset of each active 

season and after any rain that results in any kind of surface flow. The frequency of inspections during the

operational phase will be defined in the ROW agreements between Brightline West and responsible 

agency (Caltrans, NDOT, BLM, etc.). The various ROW agreements will be provided to the USFWS in order 

for them to be aware of the responsible parties for long-term maintenance and inspections.

Mitigation Measure DT-25

Brightline West shall ensure authorized biologists survey areas that could become isolated from the main 

body of habitat such as areas where the alignment deviates slightly from the freeway (e.g., at off-ramps) 

or where fencing along Project facilities may prevent dispersal into adjacent suitable habitat (e.g., Sloan 

VMF). 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 they can find it again.

Mitigation Measure DT-26*

Brightline West shall design all new structures associated with the Project in a manner that will reduce 

the likelihood of nesting and perching by common ravens. Brightline West, as appropriate, must monitor 
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these structures to ensure the effectiveness of their measures and implement adaptive management, in 

coordination with the USFWS, if the initial measures are unsuccessful. Brightline West must ensure that 

any common ravens nests established on new structures are removed within one year at a time when 

they are inactive.

Mitigation Measure DT-27*

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. 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-28*

Within 24 hours of locating any dead or injured desert tortoises, Brightline West shall notify the USFWS 

by telephone and by electronic mail. For desert tortoises in Nevada, call (720) 515-5230; for California, 

call (760) 322-2070.The report must include the date, time, and location of the carcass, a photograph, 

presumed cause of death, if known, and any other pertinent information. If an injured desert tortoise is

discovered in the Project area, the authorized biologist will immediately take it to the nearest wildlife 

rehabilitation or veterinary clinic approved by the USFWS. Prior to beginning construction in each of the 

Project’s six segments, a list of approved veterinary clinics will be developed. Following phone 

notification, as required above, USFWS representatives will determine the final disposition of the injured 

tortoise.

Mitigation Measure DT-29*

Brightline West 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 

Brightline West regarding the final disposition of the carcass.

Mitigation Measure DT-30

Brightline West shall conduct a desert tortoise connectivity assessment of any existing culverts located 

south of Sloan Road and areas between the existing Union Pacific Railroad (UPRR) and I-15 

approximately 4 miles south to where the UPRR tracks cross under the I-15. The assessment will 

include identification and mapping of all culvert locations within this area and an analysis of each 

culvert’s effectiveness in providing a travel corridor for desert tortoise movement/dispersal as well as 

any recommended maintenance or additional culvert installations.

GENERAL MITIGATION MEASURES
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Mitigation Measure BIO-1: Conduct Mandatory Environmental Awareness Training Program

Prior to the commencement of Project-related activities, Brightline West shall ensure all personnel 

working within the Project area attend an environmental awareness training program. 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

Brightline West 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.

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. 
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Brightline West shall implement the following measures, to avoid disturbance of tree, shrub- or groundnesting special-status and migratory birds and raptors:

• If construction activities are scheduled to occur during the breeding season (generally between 

February 15 and September 1), 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 February 15 and September 1. 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). 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. 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, Brightline West 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. Brightline West shall consult with a 

bat specialist in order to determine the breeding cycle for bats. Brightline West 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 Brightline West 

shall consult with the BLM and the CDFW to identify appropriate avoidance measures.
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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 Brightline West. 

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 

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.

Brightline West 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 rail corridor. 

Mitigation Measure BIO-3: Conduct Construction Monitoring

Brightline West 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.
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• 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. A 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. Brightline West 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 

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, Brightline West will allow the animal to escape out of harm’s 

way. If the animal is not able to escape in its own, Brightline West 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, Brightline 

West 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 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.

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

Access Roads) at Each Project Site

Brightline West 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. Clean-up 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

Brightline West 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, Brightline West shall 

stockpile and immediately replace native 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, Brightline West 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. Brightline West shall determine site-specific erosion control measures (nonvegetation or mechanical techniques) in consultation with a vegetation specialist and Project engineer.

Mitigation Measure BIO-7: Retain and Stockpile Topsoil

Brightline West shall remove native topsoil from areas of permanent disturbance outside of the 

Interstate 15 freeway ROW and stockpile within the Interstate 15 freeway ROW. 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.
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Mitigation Measure BIO-8: Restore Natural Site Topography

Brightline West 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 BLMapproved 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 

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.

Mitigation Measure BIO-9: Implement Erosion Control Measures as Appropriate

Brightline West shall prepare and implement an erosion control and restoration plan to control shortterm 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

Brightline West 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. Brightline West 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. Brightline West 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

Brightline West 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. 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. Brightline West shall develop and implement a restoration and monitoring plan that 

describes enhancement of sensitive communities, creation, and monitoring over a select time period.
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Mitigation Measure BIO-12: Conduct Preconstruction Surveys and Identify Sensitive Areas

Brightline West shall mark specific areas of important riparian vegetation with orange fencing and the 

limits of disturbance narrowed to reduce effects to sensitive vegetation in the Mountain Pass area.

Mitigation Measure BIO-13: Avoid Known Special-Status Plant Populations during Project Design

To the extent possible, Brightline West shall design the Project to avoid special-status plant populations, 

updating design-build Project plans accordingly. Brightline West shall comply with the minimum survey 

and mitigation standards as required by BLM Manual 6840-1. Where avoidance is infeasible, Brightline 

West 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, Brightline West 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, Brightline West 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. Brightline West shall 

coordinate with the USFWS to develop an effective mitigation and monitoring plan for specific plants in 

conjunction with the construction of compensatory habitat. Alternatively, Brightline West could acquire 

and preserve nearby high-quality occupied habitat, with Brightline West responsible for the long-term 

habitat management.

Mitigation Measure BIO-15: Prepare a Desert Tortoise Relocation Plan

Brightline West shall develop a Desert Tortoise Relocation Plan in conjunction with the USFWS Southern 

Nevada and Ventura Ecological Services Offices and the BLM. 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

Brightline West 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 
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report shall include the effectiveness of mitigation measures, the results of preconstruction and 

construction monitoring including the number of desert tortoises excavated and moved.

Mitigation Measure BIO-17: Implement Mitigation Measures Outlined by the Regional USFWS 

Ecological Services Office to Protect Desert Tortoises

Brightline West, 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

Brightline West shall provide compensation for the permanent loss of desert tortoise habitat. 

Compensation for loss of habitat in California shall be provided by Brightline West 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 tortoise designated critical habitat and 1:1 outside of desert 

tortoise designated critical habitat. For the purposes of the Project, changes to the compensation 

formula must be reviewed and approved by the USFWS and BLM. 

For Project-related loss of habitat in Nevada, Brightline West 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

Brightline West shall install culverts under the proposed railroad line that match existing I-15 or UPRR 

culverts. 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 through 

coordination with the USFWS, BLM, Caltrans, and NDOT to ensure they meet agency wildlife standards. 

Where exclusion fencing is installed, it would be designed in such a way to 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: htps://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. Stritholt, 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 

htps://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, Brightline West 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, 

Brightline West 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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