NEMO & Surprise Canyon (W&S River eligibility, anti-motorized) [Archive]

landusepbb

08-27-2002, 11:56 AM

Heck Ed, heres the whole text:

Appendix T: Surprise Canyon Wild and Scenic River Eligibility Report
T-1
Appendix T
Wild and Scenic Rivers Eligibility Report For Surprise
Canyon

Introduction
This report presents the results of an eligibility study on potential additions to the
National Wild and Scenic Rivers System for an identified riverine system in the Northern
and Eastern Mojave Desert Management Planning Area. This eligibility report evaluates
Surprise Canyon in the Panamint Mountains under the guidelines presented in the
National Wild and Scenic River Act and within BLM Manual 8351. This report
concludes with a discussion of management standards and guidelines applicable to rivers
designated under the auspices of the National Wild and Scenic River Act.

Background
Federal agencies such as the Bureau of Land Management (BLM) have been mandated to
evaluate potential additions to the National Wild and Scenic River System (NWSRS) per
Section 5(d) of the Wild and Scenic Rivers Act of 1968 (16 United States Code 1271-
1287, et seq). Title 36 of the Code of Federal Regulations (CFR), Subpart 297, addresses
management of Wild and Scenic Rivers. Title 43 CFR, Subpart 8350, specifically
addresses designation of management areas. NWSRS study guidelines have also been
published in Federal Register Volume 7, Number 173 (September 7, 1982), for public
lands managed by the U.S. Departments of Agriculture and Interior. Additional guidance
on wild and scenic rivers (WSR) is provided in BLM Manual 8351.

The NWSRS study process includes three regulatory steps:
1. Determination of what river(s) and/or river segment(s) are eligible for WSR
designation;

2. Determination of eligible river(s) and/or segment(s) potential classification with
respect to wild, scenic, recreational designation, or any combination thereof; and

3. Conducting a suitability study of eligible river(s) and/or segment(s) for inclusion
into the NWSRS, via legislative action. An environmental impact statement (EIS)
is commonly prepared to document the analysis needed for this suitability
determination/WSR designation.

Any river or river segment on public lands found eligible for inclusion in the NWSRS is
to be managed as if this river/segment were designated, until such time as a suitability
determination is made. This requires management of public lands within 0.25 mile of the

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Appendix T: Surprise Canyon Wild and Scenic River Eligibility Report
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subject river/segment, to conform to management standards and guidelines presented in
applicable Federal agency manuals for wild and scenic rivers until the suitability
determination is completed.
If a river or river segment is found suitable for inclusion to the NWSRS, the U.S.
Congress must then pass legislation so designating this river/segment, prior to its formal
addition to the NWSRS. In addition to Federal agencies, private individuals and/or
groups, as well as State governments, can nominate rivers and/or segments for inclusion.

Only the first two determinations, i.e., eligibility and classification, are documented in
this report and the impacts evaluated in the attached NEMO Environmental Impact
Statement. The remaining suitability determination would be completed in a separate
document, and analyzed in an EIS format. The results of the suitability determination
would amend the applicable land use plan, i.e., the California Desert Conservation Area
(CDCA) Plan (BLM 1980, as amended).

To meet eligibility criteria for wild and scenic river designation, a river or segment must
be free-flowing in nature and must possess one or more outstandingly remarkable
cultural, fish/wildlife, geologic, historic, recreational or scenic values within its
immediate proximity. Free-flowing, as defined in Section 16(b) of the WSRA, reflects
water flowing in a natural condition without impoundment, diversion, straightening, or
other modification of the waterway. However, the existence of low dams, diversion
works, and other minor structures at the time of designation, does not necessarily bar
consideration for inclusion on the NWSRS. Nor are there any minimum river or segment
lengths necessary for inclusion. Considerations in defining study rivers and/or study
river segments, should include land ownership patterns, physical changes in the
river/segments and their environs, as well as the type and amount of human modification
of lands bordering identified rivers/segments.

The term “outstandingly remarkable” is not clearly defined in the NWSRS, necessitating
professional judgement by submitting parties. In general, the term is defined as a
resource which is considered more than simply ordinary, in the context of the local
region. Examples include areas supporting an “A” Scenic Quality Rating (BLM Manual
8400); habitats for threatened and/or endangered plants/animals; exemplary
physiographical, ecological, geological or recreational type locations; and areas where
little human modification is evident or where terrain is rugged and physically-challenging
to traverse.

Description of River Under Consideration
Surprise Canyon is the longest perennial stream in the Panamint Mountains, a region
known for its extreme aridity. The upper basin for Surprise Canyon originates within
Death Valley National Park where the watercourse is an intermittent stream, appearing
and disappearing beneath the canyon surface. At Brewery Spring, just within the
National Park, the flow reappears and flows essentially as a perennial stream to the
mouth of the canyon below Chris Wicht Camp. The stream flow is often 100-150 cfs in
the canyon narrows, which is a substantial flow for a watercourse in the Mojave Desert.

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Appendix T: Surprise Canyon Wild and Scenic River Eligibility Report
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The 5.0 miles of stream evaluated in this report, runs from the National Park boundary
west to the mouth of Surprise Canyon.

The stream is within Inyo County and the California Desert Conservation Area and is
entirely on lands managed by the BLM, Ridgecrest Field Office. The nearest rural
community is Trona, approximately 25 miles to the southwest.

Description of Segment(s) Under Consideration
Considerations for NWSRS eligibility are based on resource values, land ownership
patterns, shoreline development, proximity of roads and previous river modifications.

As a consequence of the analysis documented herein, an eligibility determination for
two segments of Surprise Canyon have been made. These segments cover a total
distance of 5.0 miles and are entirely within the State of California. The required
suitability study on these segments will be deferred until completion of the NEMO Plan
amendment to the CDCA Plan.

Recommended NWSRS Segment Classification and Land Ownership
Once determined eligible, river segments are tentatively classified for study as either
wild, scenic, or recreational, based on the degree of access and amount of development
along the river area. If a river or segment is designated by Congress, the enabling
legislation generally specifies the classification.

Accessibility, primitive nature, number and type of land developments, structures, water
resource developments, and water quality were all considered in assigning classifications.
The primary criteria for the three classifications are outlined below [from A
Compendium of Questions & Answers Relating to Wild & Scenic Rivers (Technical
Report of the Interagency Wild and Scenic Rivers Coordinating Council 1999)]:

Wild River Areas: Those rivers, or sections of rivers, that are free from impoundments,
generally inaccessible except by trail (no roads), with watersheds or shorelines essentially
primitive, and having unpolluted waters.

Scenic River Areas: Those rivers, or sections of rivers, that are free from impoundments,
having shorelines or watersheds largely primitive and undeveloped, but accessible in
places by roads (i.e., roads may cross but generally not parallel [in close proximity to] the
river. These rivers or segments of rivers are usually more developed than wild and less
developed than recreational. This classification may or may not include scenery as a
Outstandingly Remarkable Value (ORV).

Recreational River Areas: Those rivers or sections of rivers that are readily accessible
by road or railroad, may have had some development of the shoreline, and may have had
some impoundment or diversion in the past. This classification, does not, however,
imply that recreation is an Outstandingly Remarkable Value (ORV).

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Appendix T: Surprise Canyon Wild and Scenic River Eligibility Report
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With these criteria in mind, as well as ORV data related to differing segments of Surprise
Canyon, the following classifications have been recommended for that portion of the
river determined eligible for inclusion to the NWSRS:

Riverine Segment Classification Public Land Miles Private Land Miles

Death Valley National Park Scenic 4.0 0.00
Boundary to Chris Wicht
Camp

Chris Wicht Camp to Recreational 1.0 0.00
Surprise Canyon ACEC
West Boundary

Reasons for Consideration: Surprise Canyon was considered eligible for inclusion in
the NWSRS because of values identified by the BLM in the completed CDCA Plan and
during development of the ongoing NEMO Plan.

Outstandlying Remarkable Values: ORVs for this portion of the Surprise Canyon
include the following:

Animals and Plants : The Canyon was designated as an Area of Critical Environmental
Concern in the California Desert Conservation Area Plan in recognition of the area’s
significant natural and cultural resources. The area is also within the larger West
Panamint Mountains Wildlife Habitat Management Area identified in the CDCA Plan.

Surprise Canyon supports an extensive Cottonwood/Willow Streamside Woodland,
considered an Unusual Plant Assemblage in the CDCA Plan. This multistoried woodland
covers approx. 2.0 miles of the total stream reach and is the most extensive riparian
system in the Panamint Mountains. The remaining three miles of the stream reach is
composed of other riparian/wetland dependant vegetation.

The Canyon also supports a Basic Saxicole Plant Assemblage, another Unusual Plant
Assemblage identified in the CDCA Plan. The component species of this UPA are
calciphytes, plants found almost exclusively on calcareous substrates, usually dolomites
or limestones. Several Federal sensitive species have been located in Surprise Canyon in
these limestone outcrops including Panamint dudleya (Dudleya saxosa ssp. saxosa) and
Death Valley round- leaved phacelia (Phacelia mustelina ).

The talus slopes in the canyon also support another Federal sensitive species endemic to
the Panamint Mountains, the Panamint daisy (Enceliopsis covillei).
The diversity of vegetative communities in Surprise Canyon contribute to providing
niches for a diverse wildlife community, “perhaps one of the most diverse and significant
in the California Desert Conservation Area” (Surprise Canyon ACEC Plan pg. 20).
Important species of wildlife include:

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Appendix T: Surprise Canyon Wild and Scenic River Eligibility Report
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Reptiles: The Panamint alligator lizard (Gerrhonatus panamintinus) inhabits the rocky
canyon bottom near permanent water overgrown with riparian vegetation. This lizard is a
California BLM sensitive species and a California Department of Fish & Game special
concern and protected species. The Panamint alligator lizard population in Surprise
Canyon is a relict population, having been isolated here since the Pleistocene epoch.

Birds: Bird species inventories conducted in 1978 and 2000 have reported a rich
assemblage of species for this five mile long canyon bottom. Over 70 species have been
reported in the Surprise Canyon riparian area including several California BLM sensitive
species - yellow warbler and prairie falcon. The canyon is also potentially suitable
habitat for the Southwestern willow flycatcher, a Federal endangered species.

Mammals: The desert bighorn sheep, a California BLM sensitive species and California
Department of Fish & Game fully protected species, inhabits the region surrounding the
canyon. The water sources in Surprise Canyon are an essential resource for the desert
bighorn sheep population in the Panamints.

The canyon also provides excellent foraging and roosting habitat for a variety of bat
species which are California BLM and California D.F.G. sensitive species. These include
the spotted bat, western mastiff bat, Townsend’s big-eared bat, pallid bat, fringed myotis,
Western small-footed myotis and Long-eared myotis. A rarely-seen mammal, the ringtail
cat - a CDFG protected species, occurs in the rocky portions of the canyon.

Recreational: Surprise Canyon provides for an exceptional semi-primitive recreation
opportunity. The canyon bottom forms a corridor thru the rugged 29,180 acre Surprise
Canyon Wilderness. The eligible segments of Surprise Canyon offer outstanding hiking,
birdwatching, botanizing, photography and backpacking opportunities. The hike from
Chris Wicht Camp along this perennial stream and thru the narrow slot canyon to the
abandoned ghost town of Panamint City, is one of the most outstanding treks in the
California Desert.

Scenic: Using the Bureau’s Visual Resource Management System, Surprise Canyon
received the highest Scenic Quality Rating available (Class A). This was a reflection of
the continued stream flow and riparian vegetation and the narrow slot canyon and
waterfalls. At the far eastern edge of this eligible segment, along the north wall of the
canyon, is a remarkable seep formation known as Limekiln Spring. This spring has a
shaded grotto that is covered with thick growths of maidenhair fern and moss and is fed
by a steady dripping curtain of water - a spectacular verdant feature set against the rough
and parched canyon wall.

Interim Protection: The WSR Act and Federal guidelines require Federal agencies,
upon determination of WSR eligibility, to provide interim protection and management for
a river’s free-flowing character and any identified outstandingly remarkable values,
subject to valid existing rights, until such time as a suitability study is completed. Upon
study completion, the Federal agency (BLM in this instance) then makes a
recommendation to Congress, and Congress then acts on that recommendation.

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Appendix T: Surprise Canyon Wild and Scenic River Eligibility Report
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Management Standards and Guidelines for National Wild and Scenic Rivers
The Wild and Scenic Rivers Act (Public Law 90-542, as amended) established a method
of providing Federal protection for certain of our remaining free-flowing rivers, and
preserving these locales for the use and enjoyment of present and future generations.
Such designated rivers benefit from the protective management which the act provides.

Section 10(a) of the WSR Act states:
“Each component of the NWSRS shall be administered in such a manner as to
protect and enhance the values which caused it to be included in said system
without, insofar as is consistent therewith, limiting other uses that do not
substantially interfere with public use and enjoyment of these values. In such
administration, primary emphasis shall be given to protecting its esthetic, scenic,
historic, archeologic, and scientific features. Management plans for any such
component may establish varying degrees of intensity for its protection and
development, based on the special attributes of the area.” This section is generally
interpreted by the Secretary of the Interior as a stated non-degradation and enhancement
policy for all designated river areas, regardless of classification.

The following National Standards and Guidelines are summarized from BLM Manual
8351 [Wild and Scenic Rivers-Policy and Program Direction for Identification,
Evaluation and Management (1992)]. These standards/guidelines are intended to apply to
formally-designated rivers through incorporation into, or amendment of, resource or land
use management plans. Incorporation or amendment efforts are typically completed
within three years of formal WSR designation. However, these guidelines also apply, on
an interim basis, as described above. For the sake of clarity, guidelines are presented for
each separate river classification (wild, scenic and recreational).

Wild River Areas
- are defined by the WSR Act to include “those rivers or sections of rivers that are free
of impoundments and generally inaccessible except by trail, with watersheds and
shorelines essentially primitive and waters unpolluted. These represent vestiges of
primitive America.”

- are to be managed with a primary objective of providing primary emphasis to
protection of identified ORVs, while providing consistent, river-related, outdoor
recreation opportunities in a primitive setting.

- where National Management Standards/Guidelines include allowable practices such
as construction of minor structures related to wildlife habitat enhancement, protection
from fire, and rehabilitation or stabilization of damaged resources, provided the area
will remain natural-looking and the practices or structures will harmonize with the
environment. Developments such as trails, bridges, occasional fencing, naturalappearing
water diversions, ditches and water management devices, may be permitted
if they are unobtrusive and do not have a significant, adverse impact on the natural

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Appendix T: Surprise Canyon Wild and Scenic River Eligibility Report
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character of the river area. The following Wild River Program Management
Standards apply:

a. Forestry Practices: Cutting of trees not permitted except when needed in association
with a primitive recreation experience (such as clearing trails, for visitor safety purposes,
or for fire control). Timber outside the boundary, but within visual corridors, should
where feasible, be managed and harvested in a manner designed to provide special
emphasis on visual quality.

b. Water Quality: Conditions will be maintained or improved to meet Federal criteria or
federally-approved State Standards. River management plans shall prescribe a process
for monitoring water quality on a scheduled basis.

c. Hydroelectric Power and Water Resource Development: No such development
would be permitted in the channel or river corridor. All water supply dams and major
diversions are prohibited. The natural appearance and essentially primitive character of
the river area must be maintained. Federal agency groundwater development for range,
wildlife, recreation or administrative facilities may be permitted if there are no adverse
effects on ORVs.

d. Mining: New mining claims and mineral leases are prohibited within 0.25 mile of the
river. Valid existing claims would not be abrogated and, subject to existing regulations,
e.g., 43 CFR 3809, and any future regulations the Secretary of the Interior may prescribe
to protect the rivers included in the NWSRS, existing mining activity would be allowed
to continue. All mineral activity on federally administered land must be conducted in a
manner that minimizes surface disturbance, water sedimentation, pollution and visual
impairment. Reasonable mining claim and mineral lease access will be permitted.
Mining claims beyond 0.25 mile of the river, but within the wild river boundary, and
perfected after the effective date of designation, can be patented only as to the mineral
estate and not the surface estate.

e. Road and Trail Construction: No new roads or other provisions for overland
motorized travel would be permitted within a narrow incised river valley or, if the river
valley is broad, within 0.25 mile of the river bank. A few inconspicuous roads leading to
the boundary of the river area and unobtrusive trail bridges may be permitted.

f. Agricultural Practices and Livestock Grazing: Agricultural use is restricted to a
limited amount of domestic livestock grazing and hay production to the extent currently
being practiced. Row crops are prohibited.

g. Recreation Facilities: Major public use areas, such as campgrounds, interpretive
centers, or administrative headquarters are located outside of wild river areas. Simple
comfort and convenience facilities, such as toilets, tables, fireplaces, shelters and refuse
containers may be provided as necessary within the river area. These should harmonize
with the surroundings. Unobtrusive hiking and equestrian trail bridges could be allowed
on tributaries, but would not normally cross the designated river.

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h. Public Use and Access: Recreation use including, but not limited to, hiking, fishing,
hunting and boating is encouraged in wild river areas to the extent consistent with the
protection of the river environment. Public use and access may be regulated and
distributed where necessary to protect and enhance wild river values.

i. Rights-of-Way: New transmission lines, natural gas lines, water lines, etc., are
discouraged unless specifically prohibited outright by other plans, orders or laws. Where
no reasonable alternative exits, additional or new facilities should be restricted to existing
rights-of-way. Where new rights-of-way are unavoidable, locations and construction
techniques will be selected to minimize adverse effects on wild river area-related values
and fully evaluated during the site selection process.

j. Motorized Travel - Although this use can be permitted, it is generally not compatible
with this river classification. Normally, motorized use will be prohibited in a wild river
area. Prescriptions for management of motorized use may allow for search and
rescue/emergency situations.

Scenic River Areas
- are defined by the WSR Act to include “those rivers or sections of rivers that are free
of impoundments, with shorelines or watersheds still largely primitive and
shorelines largely undeveloped, but accessible in places by roads.”

- are to be managed with a primary objective of maintaining and providing outdoor
recreation opportunities in a near-natural setting. The basic distinctions between “wild”
and “scenic” classifications, involve varying degrees of development, types of land use,
and road accessibility. In general, a wide range of agricultural, water management,
silvicultural and other practices could be compatible with scenic classification values,
providing such practices are carried out in a manner not resulting in a substantial adverse
effect on the river and its immediate environment.

-where National Management Standards/Guidelines include the same considerations set
forth for wild rivers, except that motorized vehicle use may in some cases be appropriate
and that development of larger scale public-use facilities within the river area, such as
moderate-sized campgrounds, interpretive centers, or administrative headquarters would
be compatible, if such facilities were screened from the river. The following Scenic
River Program Management Standards apply:

a. Forestry Practices: Silvicultural practices, including timber harvesting could be
allowed, provided that such practices are carried out in such a way that there is no
substantial adverse effect on the river and its immediate environment. The river should
be maintained in its near-natural condition.

Timber outside the boundary, but within the visual screen area, should be managed and
harvested in a manner designed to provide special emphasis on visual quality.
Preferably, reestablishment of tree cover would be through natural revegetation. Cutting

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Appendix T: Surprise Canyon WSR Eligibility Report
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of dead and down materials for fuel wood will be limited. Where necessary, restrictions
on the use of wood for fuel may be prescribed.

b. Water Quality: Conditions will be maintained or improved to meet Federal criteria or
federally-approved State Standards. River management plans shall prescribe a process
for monitoring water quality on a scheduled basis.

c. Hydroelectric Power and Water Resource Development : No such development
would be permitted in the channel or river corridor. Flood control dams and levees
would be prohibited. All water supply dams and major diversions are prohibited.
Maintenance of existing facilities and construction of some new structures would be
permitted, provided that the area remains natural in appearance and the practices or
structures harmonize with the surrounding environment.

d. Mining: Subject to existing regulations, e.g. 43 CFR 3809, and any future regulations
the Secretary of the Interior may prescribe to protect the rivers included in the NWSRS,
new mining claims and mineral leases can be allowed. All mineral activity on federally
administered land must be conducted in a manner that minimizes surface disturbance,
water sedimentation, pollution and visual impairment. Reasonable mining claim and
mineral lease access will be permitted. Mining claims within the wild river boundary,
and perfected after the effective date of designation, can be patented only as to the
mineral estate and not the surface estate.

e. Road and Trail Construction: Roads may occasionally bridge the river and short
stretches of conspicuous or lengthy stretches of inconspicuous and well-screened roads
would be allowed. Maintenance of existing roads and any new roads will be based on the
type of use for which the roads are constructed and the type of use that will occur in the
river area.

f. Agricultural Practices and Livestock Grazing: In comparison to wild river areas, a
wider range of agricultural and livestock grazing uses are permitted, to the extent
currently being practiced. Row crops are not considered as much of an intrusion of the
“largely primitive” nature of scenic corridors, as long as there is not a substantial adverse
effect on the natural-like appearance of the river area.

g. Recreation Facilities: Larger-scale public use areas, such as moderate-sized
campgrounds, interpretive centers, or administrative headquarters, are allowed if such
facilities are screened from the river.

h. Public Use and Access: Recreation use including, but not limited to, hiking, fishing,
hunting and boating is encouraged in scenic river areas to the extent consistent with the
protection of the river environment. Public use and access may be regulated and
distributed where necessary to protect and enhance scenic river values.

i. Rights-of-Way: New transmission lines, natural gas lines, water lines, etc., are
discouraged unless specifically prohibited outright by other plans, orders or laws. Where

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no reasonable alternative exits, additional or new facilities should be restricted to existing
rights-of-way. Where new rights-of-way are unavoidable, locations and construction
techniques will be selected to minimize adverse effects on scenic river area-related values
and fully evaluated during the site selection process.

j. Motorized Travel: This use, on land or water, could be permitted, prohibited or
restricted to protect river values. Prescriptions for management of motorized use may
allow for search and rescue/emergency situations.

Recreational River Areas
- are defined by the WSR Act to include “those rivers or sections of rivers that are
readily accessible by road or railroad, that may have some development along their
shorelines, that may have undergone some development along their shorelines, and
that may have undergone some impoundment or diversion in the past.”

-are to be managed with an objective of protecting and enhancing existing recreational
values. The primary objective is to provide opportunities for the public to participate in
recreation activities dependent on, or enhanced by, the largely free-flowing nature of the
river.

-where National Management Standards/Guidelines include allowable practices such as
construction of recreation facilities in proximity to the river, although recreational river
classification does not require extensive recreational developments. Such facilities are
still to be kept to a minimum, with visitor services provided outside the river area. Future
construction of impoundments, diversions, straightening, rip-rapping and other
modification of the water way or adjacent lands would not be permitted, except where
such developments would not have a direct and adverse effect on the river and its
immediate environment. The following Recreational River Program Management
Standards apply:

a. Forestry Practices: Silvicultural practices, including timber harvesting could be
allowed under standard restrictions to avoid adverse effects on the river environment and
its associated values.

b. Water Quality: Conditions will be maintained or improved to meet Federal criteria or
federally-approved State Standards. River management plans shall prescribe a process
for monitoring water quality on a scheduled basis.

c. Hydroelectric Power and Water Resource Development: No such development
would be permitted in the channel or river corridor. Existing low dams, diversion works,
rip rap and other minor structures may be maintained, provided the waterway remains
generally natural in appearance. New structures may be allowed, provided that the area
remains natural in appearance and the practices or structures harmonize with the
surrounding environment.

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d. Mining: Subject to existing regulations, e.g. 43 CFR 3809, and any future regulations
the Secretary of the Interior may prescribe to protect the rivers included in the NWSRS,
new mining claims and mineral leases can be allowed. All mineral activity on federally
administered land must be conducted in a manner that minimizes surface disturbance,
water sedimentation, pollution and visual impairment. Reasonable mining claim and
mineral lease access will be permitted. Mining claims within the wild river area
boundary perfected after the effective date of designation can be patented only as to the
mineral estate and not the surface estate.

e. Road and Trail Construction: Existing parallel roads can be maintained on one or
both riverbanks. There can be several bridge crossings and numerous river access points.

f. Agricultural Practices and Livestock Grazing: In comparison to scenic river areas,
lands may be managed for a full range of agricultural and livestock grazing uses,
consistent with current practices.

g. Recreation Facilities: Interpretive centers, administrative headquarters, campgrounds
and picnic areas may be established in proximity to the river. However, recreational
classification does not require extensive recreation development.

h. Public Use and Access: Recreation use including, but not limited to, hiking, fishing,
hunting and boating is encouraged in recreational river areas to the extent consistent with
the protection of the river environment. Public use and access may be regulated and
distributed where necessary to protect and enhance recreational river values.

i. Rights-of-Way: New transmission lines, natural gas lines, water lines, etc., are
discouraged unless specifically prohibited outright by other plans, orders or laws. Where
no reasonable alternative exits, additional or new facilities should be restricted to existing
rights-of-way. Where new rights-of-way are unavoidable, locations and construction
techniques will be selected to minimize adverse effects on recreational river area-related
values and fully evaluated during the site selection process.

j. Motorized Travel: This use, on land, will generally be permitted, on existing roads.
Controls will usually be similar to that of surrounding lands. Motorized travel on water
will be in accordance with existing regulations or restrictions.

Management Objectives Common to All Wild, Scenic and Recreational Rivers
a. Wilderness and Wilderness Study Areas: Management of river areas which overlap
designated wilderness areas or wilderness study areas will meet whichever standard is
highest. If an area is released from wilderness study area status and the associated
Interim Management Policy, the applicable river classification standards and guidelines
would then apply.

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b. Fire Protection and Suppression: Management and suppression of fires within a
designated river area will be carried out in a manner compatible with contiguous Federal
lands. On wildfires, suppression methods will be utilized that minimize the long term
impacts on the river and river area. Pre-suppression and prevention activities will be
conducted in a manner which reflects management objectives for the specific river
segment. Prescribed fire may be utilized to maintain or restore ecological condition or
meet objectives of the river plan.

c. Insects, Diseases and Noxious Weeds: The control of forest and rangeland pests,
diseases and noxious weed infestations will be carried out in a manner compatible with
the intent of the WSR Act and management objectives of contiguous Federal lands

d. Cultural Resources: Historic and prehistoric resource sites will be identified,
evaluated and protected in a manner compatible with the objectives of the river and in
accordance with applicable regulations and policies. Where appropriate, historic or
prehistoric sites will be stabilized, enhanced and interpreted.

e. Fish and Wildlife Habitat Improvement: The construction and maintenance of minor
structures for the protection, conservation, rehabilitation and enhancement of fish and
wildlife habitat are acceptable, provided they do not affect the free-flowing
characteristics of the river, are compatible with the classifications, that the area remains
natural in appearance and the practices or structures harmonize with the surrounding
environment.

Ed A. Stevens

08-27-2002, 12:20 PM

Compared to the BLM release on the NOI Ammendment to the CDCA, the NEMO report make it sound like two different places (no)?

Happy Trails!

=========================

Recreational: Surprise Canyon provides for an exceptional semi-primitive recreation
opportunity. The canyon bottom forms a corridor thru the rugged 29,180 acre Surprise
Canyon Wilderness. The eligible segments of Surprise Canyon offer outstanding hiking,
birdwatching, botanizing, photography and backpacking opportunities. The hike from
Chris Wicht Camp along this perennial stream and thru the narrow slot canyon to the
abandoned ghost town of Panamint City, is one of the most outstanding treks in the
California Desert.

Scenic: Using the Bureau's Visual Resource Management System, Surprise Canyon
received the highest Scenic Quality Rating available (Class A). This was a reflection of
the continued stream flow and riparian vegetation and the narrow slot canyon and
waterfalls. At the far eastern edge of this eligible segment, along the north wall of the
canyon, is a remarkable seep formation known as Limekiln Spring. This spring has a
shaded grotto that is covered with thick growths of maidenhair fern and moss and is fed
by a steady dripping curtain of water - a spectacular verdant feature set against the rough
and parched canyon wall.

Interim Protection: The WSR Act and Federal guidelines require Federal agencies,
upon determination of WSR eligibility, to provide interim protection and management for
a river's free-flowing character and any identified outstandingly remarkable values,
subject to valid existing rights, until such time as a suitability study is completed. Upon
study completion, the Federal agency (BLM in this instance) then makes a
recommendation to Congress, and Congress then acts on that recommendation.

=========================

Request for public comments:

"Environmental Issues" Form:

Surprise Canyon Road Comment Request
http://www.lttlbddy.com/albums/WC4WDC/Docs/Surprise1.pdf

Q#1 sample answers:

The environment in question (Surprise Canyon Road, Route P71) is a sixty foot wide historic road corridor located at the bottom of a canyon, and all environmental considerations must recognize the fact it is a road with historic legal public right-of-way provisions that must be respected.

Closed access is unacceptable because it violates the Mining Act of 1866 (RS2477) statute provisions, regarding the grandfathered legal public right-of-way (per FLPMA of 1976), with established motorized access on Surprise Canyon Road.

Limited access violates the intent of Congress to preserve the route as open to the entire public (motorized and non-motorized) when they designated the sixty foot motorized cherrystem road corridor through the Surprise Canyon Wilderness in the Desert Protection Act of 1994.

Q#2 sample answers:

My number (#1) environmental issue is to maintain public, motorized open access, on Surprise Canyon Road within the Critical Area of Environmental Concern. This #1 issue incorporates a critical concern that Surprise Canyon Road (Route P71) must be recognized as an established road, parallel to and overlapping with, Surprise Canyon Creek. Any claim or potential for consideration of Surprise Canyon Creek for eligibility as a Wild and Scenic River must recognize the existence of Surprise Canyon Road as an established motorized right of way.

Preserving motorized public access in Surprise Canyon is the primary environmental issue because Congress has already ruled the need for exclusive area habitat protection is limited to the designated Wilderness outside the cherrystem Surprise Canyon Road corridor, and the recognized fact of historical use of the road excludes the creek from wild and scenic river eligibility. While open access may not be the easiest to manage or integrate with all public concerns regarding the canyon the EIS must preserve motorized
access in the canyon, as it's primary environmental objective, due to the grandfathered legal public access status of Surprise Canyon Road.

Q#3 sample answers:

Specific alternatives must incorporate individual and combined off-highway-vehicle (OHV) legal, and street legal motorized, access on Surprise Canyon Road.

Alternative access options must be included with a combined street legal and off-highway vehicle (OHV) motorized access alternative, and with separate individual (street legal only and OHV only) access alternatives. The EIS must include these three Route Classification Alternatives for consideration.

Specific alternatives must be presented that mandate immediate motorized open access on Surprise Canyon Road, equal to that available before the temporary closure, even if more study is determined as a requirement in the final resolution.

Q#4 sample answers:

The motorized Open Access alternative(s) must be addressed due to the proximity of the established Surprise Canyon Road access corridor to the Surprise Canyon Wilderness, and the prohibition on establishment of wilderness buffer areas adjacent to designated Wilderness, specifically prohibited in the Wilderness Act of 1964.

Open access is the only route designation that fully supports both the recreation and preservation communities, by providing equal shared access to the entire recreational opportunity spectrum; including use of the road and the upper canyon as a motorized recreation corridor and to provide access to potential designated Wilderness hiking trailheads.

The economic health of local business will be severely disrupted if motorized open access is not addressed as an Alternative.

Other alternative comments:

I recommend an "open access for OHV's" alternate, as it is important to drive an OHV "green sticker" rock buggy, motorcycle, or ATV up Surprise Canyon (legally drive a non-street legal vehicle). I request that the BLM include an "open access" alternative that includes legal passage for OHV "green sticker" registration vehicles on Surprise Canyon Road.

The value of allowing a child to drive or ride on the historic Surprise Canyon Road is only supported by an "open access" alternative (a "limited" to street legal classification applies to the vehicle and driver, and excludes youth participation in this valuable education opportunity). I request that the BLM include an "open access" alternative that includes legal passage for supervised youth driving vehicles on Surprise Canyon Road.

I personally would enjoy (and do value) the opportunity to have my children to be able to actively learn responsible wheeling, by riding, driving and winching an ATV (OHV) up Surprise Canyon Road for a legal Backcountry Recreation experience. An ATV experience will provide both cultural and natural resource education, and self-confidence skills. I believe the resource respect and education learned through participation in backcountry driving is unparalleled as a beneficial experience for our youth. I request that the BLM include an "open access" alternative that includes legal passage for supervised youth driving OHV vehicles on Surprise Canyon Road.

Driving Surprise Canyon Road was legal before the temporary closure, and must be legal again with an "open access" travel classification (the BLM must include "open access" as an Alternative in the current scoping phase of the process).

I request an Alternative address legal access for Mountain Bike Passage on Route P71, Surprise Canyon Road and Surprise Canyon Creek.

Q#5 sample answers:

How does the BLM plan to keep Surprise Canyon Road open to the public with motorized access?

How soon will Surprise Canyon Road be reopened to motorized travel?

Q#6 sample answers:

How will the BLM prevent future legal conflict stipulations and designation eligibility considerations from directing land management decisions that risk similar temporary or permanent closures of legal motorized rights-of-way?

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Request for public comments, NOI Request:

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-650-01-1220-JG-064B]

Notice of Intent To Prepare an Amendment to the
California Desert Conservation Area Plan and Environmental Impact Statement

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent to prepare an amendment to the California Desert Conservation Area (CDCA) Plan and Environmental Impact Statement (EIS) for Surprise Canyon in Panamint Mountains, Inyo County, CA.

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SUMMARY: Pursuant to 43 CFR 1610.2(c), notice is hereby given that the Bureau of Land Management (BLM) proposes to amend the CDCA Plan (1980 as amended). The proposed amendment will establish or revise trail designations for off-road vehicles within the Surprise Canyon Area of Critical Environmental Concern (ACEC). The authority to designate is in accordance with 43 CFR 8342. The proposals will pertain to public lands addressed by the California Desert Conservation Area Plan in Inyo County that lie east of Highway 178 and approximately 23 miles north of the community of Trona. The proposed plan amendment will include an EIS in accordance with the National Environmental Policy Act and CFR
1610.5-5.

The EIS will evaluate a full range of alternative means of access into the Surprise Canyon ACEC. During the 30 days scoping period, the public can assist the BLM in developing the range of alternatives that will be addressed.

DATES: The public is invited to submit comments on the scope of the plan amendment and EIS. Written comments will be accepted for 30 days from the publication date of this notice in the Federal Register. The specific date, time, and location of public scoping meetings will be announced by the Ridgecrest Field Office.

ADDRESSES: Scoping comments in response to this notice should be sent to Hector Villalobos, Field Manager, Bureau of Land Management, 300 South Richmond Road, Ridgecrest CA 93555, (760) 384-5405. Comments, including names and addresses of respondents, will be available for public review at the Ridgecrest Field Office during normal working hours (7:45 AM to 4:30 PM, except holidays), and may be published as part of the EIS or other related documents.

Individuals may request confidentiality. If you wish to withhold your name or address from public review or from disclosure under the Freedom of Information Act, you must state this promptly at the beginning of you comment. Such requests will be honored to the extent allowed by law. All submissions from organizations or businesses will be made available for public inspection in their entirety.

FOR FURTHER INFORMATION CONTACT: Jeffery Aardahl,
Bureau of Land Management, Ridgecrest Field Office, 300 South Richmond Road, Ridgecrest CA 93555, (760) 384-5420.

SUPPLEMENTARY INFORMATION: On May 29, 2001, BLM implemented an interim closure to all motorized vehicles on Route P71 in the Surprise Canyon Area of Critical Environmental Concern. The closure will remain in effect until the plan amendment is approved and implemented.

The following are preliminary issues identified:

(1)

The canyon area currently does not meet the BLM's minimum standards for a properly functioning riparian system due to soil erosion and streambed alternations caused by motorized vehicle use;

(2)

several federal and state sensitive plant and animal species that inhabit the area are being affected; and

(3)

value of the canyon area for recreation, including use of motorized vehicles.

The preliminary planning criteria include: (1) The CDCA amendment will be consistent with officially approved resource related plans, policies and programs of other Federal agencies, State and local governments, and Indian Tribes; (2) the amendment process and ORV trail designations shall be conducted in compliance with the Federal Land Policy Management Act of 1976 (FLPMA), planning regulations (43 CFR 1600), ORV trail designation regulations (43 CFR 8340), BLM manual guidance, and all applicable Federal laws affecting BLM land use decisions and ORV designations; (3) the planning process shall include an EIS with a biological evaluation prepared in compliance with the National Environmental Policy Act of1969 (NEPA), the President's Council of Environmental Quality (CEQ) regulations (40 CFR 1500), and BLM guidance.

The public is invited to submit written information to the BLM that will be used to identify issues, concerns and opportunities related to various alternative means of access in the Surprise Canyon ACEC. Those members of the public who simply want to be placed on the mailing list for this project can make such a request in writing.

All such information and requests should be submitted in writing to:

Field Manager, Bureau of Land Management, Ridgecrest Field Office, 300 S. Richmond Rd., Ridgecrest, CA 93555, Attn: Resources Management Branch Chief.

Digital electronic photos and maps of the Surprise
Canyon area can be found at:

http://www.ca.blm.gov/ridgecrest.

Dated: April 12, 2002.
Alan Stein,
Acting California Desert District Manager.
[FR Doc. 02-13571 Filed 5-29-02; 8:45 am]
BILLING CODE 4310-40-P