Agenda packet — Palm Springs City Council, April 7, 2022 (part 3 of 8)

setback is proposed is limited to the side elevation of the garage. Since the garage is not a habitable space, it eliminates concern relating to privacy or noise impact on the adjacent properties. Hence, the approval of the AMM application will not adversely affect the neighboring properties.

3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.

The approval of this AMM application will not affect or alter the single-family residential use of the subject property. The proposed residence will be required to be constructed in accordance with the applicable zoning code regulations and the California Building Code for safety compliance. Therefore, it will not adversely affect the individuals who live or work on the site or in its vicinity.

4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

Although the project site is standard in terms of its size and dimensions, the site’s viable space for development is limited to the front portion of the lot due to the steep topography in the rear. Hence, the approval of this AMM application is justified by the site’s physical condition.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the proposed project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and has been determined to be categorically exempt pursuant to Section 15303(a) of the CEQA Guidelines (Class 3, New Single-Family Residence).

SECTION 3. That the City Council hereby overturns the February 23, 2022 Planning Commission’s decision to deny and hereby approves Major Architectural (MAJ) and Administrative Minor Modification (AMM) applications, Case 3.4215 MAJ and Case

7.1632 AMM subject to the conditions of approval included in Exhibit A, for the construction of a 3,278-square-foot single-family residence with the front yard setback of 10 feet and the maximum building height of 23.6 feet on an undeveloped hillside parcel located at 310 West Crestview Drive, Zone R-1-C, Section 27.

Item 2A - 24
Resolution No. _____

Page 8 ends

ADOPTED THIS 7TH DAY OF APRIL, 2022.

JUSTIN CLIFTON

CITY MANAGER
ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 2A - 25
Resolution No. _____

Page 9 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 2A - 26
RESOLUTION NO. ________

EXHIBIT A
Case 3.4215 MAJ & Case 7.1632 AMM
Carmelita Properties Limited (Hillside Single-Family Residence) 310 West Crestview Drive
(APN: 510-223-024)
April 7, 2022

CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, Development Services Director, Building Official, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.

Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.

ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the projects described per Case

3.4215 MAJ and Case 7.1632 AMM except as modified by the conditions below.

ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, which include site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the conditions below.

ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.

ADM 4. Minor Deviations. The Director of Development Services or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or Item 2A - 27
proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case

3.4215 MAJ and Case 7.1632 AMM. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 7. Time Limit on Approval. Approval of the Major Architectural Application (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.

ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted by the applicant in the form of a money order or a cashier’s check payable to the Riverside County Clerk within two (2) business days of the Commission’s final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA).

Item 2A - 28

PLANNING DEPARTMENT CONDITIONS
PLN 1. Landscape Design. The lineal placement of trees in the rear yard shall be improved to achieve better compatibility with the site’s natural hillside landscape and topography subject to ARC review. The revised landscape plan shall be submitted to the Planning Division prior to Building Permit issuance and shall be approved prior to the issuance of the Certificate of Occupancy.

PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit an irrigation plan to the Development Services Director for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that the plans are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances. The irrigation plan shall be prepared in accordance with PSMC Section 8.60.070 (Irrigation Design Plan)
(https://library.qcode.us/lib/palm_springs_ca/pub/municipal_code/item/title_8- chapter_8_60?view=all).

BUILDING DEPARTMENT CONDITIONS
The Following Standard Building & Safety Conditions of Approval Are Applicable to This Project:

BLDG 1. Prior to any construction on-site, all appropriate permits must be secured.

BLDG 2. Shall comply with the latest adopted edition of the following codes as applicable:

A. 2019 California Residential Code
B. 2019 California Electrical Code
C. 2019 California Mechanical Code
D. 2019 California Plumbing Code
E. 2019 California Energy Code
F. 2019 California Fire Code
G. 2019 California Green Building Standards Code

ENGINEERING DEPARTMENT CONDITIONS
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

Item 2A - 29
All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.

STREETS
ENG 1. The Engineering Services Department recommends deferral of off-site improvement items (identified as “Deferred”) at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits.

ENG 2. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

ENG 3. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. “Deferred”
ENG 4. Provide proposed finish floor elevations of all proposed structures, existing structures on site, and all adjacent off-site structures. This information required prior to site plan approval.

CRESTVIEW DRIVE
ENG 5. Dedicate an additional 10 feet to provide the ultimate half street right-ofway width of 25 feet along the entire frontage. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted.

ENG 6. Construct a 6 inch curb and gutter, 18 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200 and 206. “Deferred”
Item 2A - 30
ENG 7. Construct a 6 inch concrete driveway, unless otherwise approved by the City Engineer, from the property line to clean sawcut edge of pavement.

ENG 8. Construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. “Deferred”
ENG 9. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. “Deferred”
ENG 10. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement crosssections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. “Deferred” ENG 11. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 12. Construct 2 inch asphalt concrete pavement over compacted native subgrade or install appropriate landscaping and ground cover to provide adequate dust control measures, meeting the approval of the Director of Planning Services and City Engineer, from edge of pavement to property line along the entire frontage, excluding approved driveway locations.

ENG 13. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

SANITARY SEWER
ENG 14. All sanitary facilities shall be connected to the public sewer system.

New laterals shall not be connected at manholes.

GRADING

ENG 15. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review Item 2A - 31
and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit.

a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.

b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report.

ENG 16. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at [email protected] to determine their requirements, if any, associated with grading or other construction.

The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

Item 2A - 32
ENG 17. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed.

Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to
commencement of grading operations.

ENG 18. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed.

Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

ENG 19. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022.

Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 20. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters.

ENG 21. In accordance with City of Palm Springs Municipal Code, Section

8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for
erosion/blowsand relating to this property and development.

ENG 22. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.

ENG 23. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval.

ENG 24. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance Item 2A - 33
document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone(760)782-3271,(562)505-
6415),[email protected].

DRAINAGE

ENG 25. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. Onsite open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

ENG 26. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $8138.43 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

GENERAL

ENG 27. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115.

ENG 28. All proposed utility lines shall be installed underground.

ENG 29. The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Item 2A - 34
Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits.

ENG 30. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

ENG 31. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2015 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat

6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

ENG 32. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing “as-built” information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

ENG 33. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

ENG 34. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

ENG 35. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit.

Item 2A - 35

TRAFFIC

ENG 36. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

ENG 37. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.

FID 2. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements. This building will require fire sprinklers.

FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set.

Failure to submit will result in a delay of plan approval.

FID 4. Plans and Permits (CFC 105.1):

Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM – 6:00 PM, Monday – Thursday
Item 2A - 36
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.

Complete listings and manufacturer’s technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

FID 5. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

FID 6. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.

FID 7. NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 2016 Editions, as modified by local ordinance.

FID 8. Residential Smoke Alarms Required: Shall be interconnected so that operation of any smoke alarm or fire sprinkler flow switch causes all smoke alarms within the dwelling & guest house to sound and activate the exterior horn/strobe

END OF CONDITIONS
Item 2A - 37
ATTACHMENT 3
Item 2A - 38
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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2. Address of Entity (Principle Place of Business)
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3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State ' ( w/l5fl /JJtj ;o ✓
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5. Type of Entity
D Corporation -~ Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _J_J}_-,ill _ E_._S:_/-J_ ._M_ o_o_l2£ _______ pef officer 1il Director D Member D Manager [name)
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(Revised 05/16/19)
D General Partner D Limited Partner
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CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

OCT O 5 2021

PLANNING SERVICES
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Item 2A - 40
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I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
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PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 ends

RECEIVED
OCT O 5 2021

PLANNING SERVICES
ni::ol'IPTM~NT
ATTACHMENT 4
Item 2A - 41
Item 2A - 42

ADDRESS/ DIRECCI N

CITY/ CIUDAD
Appeal Form
Formulario de Apelaci6n
City of Palm Springs
Reserved for Filing Stamp

RECEIVED
CIT y (DF Pt, LM SPRINGS
TEL (760) 323-8204 I FAX (760) 322-8332
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STATE/ESTADO ZIP/C DIGO
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PHONE/ TELEFONO

FAX/EL FAX
The date the decision being appealed was rendered/ he application or project was entitled/ La aplicaci6n o La fecha en que se emiti6 la decision que se esta apelando: Proyecto tenia derecho:

SPECIFY THE BASIS FOR THE APPEAL IN DET All (YOU MAY USE AS MANY ADDITIONAL SHEETS AS NECESSARY) /

ESPECIFIQUE LA BASE PARA LA MEDIDA EN DETALLE (PUEDE UTILIZARTANTAS HOJAS ADICIONALES COMO SEA NECESARIO):

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FOR STAFF USE ONLY '
• Appeal to City Council • Appeal to Administrative Appeal Board This completed form must be sent to:

City of Palm Springs Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
ATTACHMENT 5
Item 2A - 43
From: Eric Hawkins
To: David Newell
Cc: Noriko Kikuchi; eric krut; Scrap Marshall
Subject: Re: APPEAL_Case 3.4215 MAJ & Case 3.4216 MAJ_310 & 322 West Crestview Drive Date: Monday, March 21, 2022 8:26:18 PM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Hi Noriko/David,
We are still working on the formatting of the deck that will be presented by either Eric Krut or myself during our 5 minutes of presentation at the appeal, but the content of it will include the following, which is consistent with the four comments on the application, but highlighted in more detail:

As part of the adoption of the General Plan in 2007, which is used as the basis for objections 1 and 3 by the Planning Commission, development restrictions were placed on properties that contained slopes steeper than 30% which were not in place at the time of construction of any of the surrounding homes. This single-handedly prevents the desired consistency with "the historic development pattern of the neighborhood" where large flat pads could be created on the surrounding hillside lots. The proposed design is a direct response to this portion of code as the cantilevered design avoids grading on the hillside, maintaining the natural quality of the hillside as is desired by the Community Design Element. Furthermore, the Community Design Element of the General Plan contains many additional objectives than are mentioned in the Planning Commission findings. The full context of desired objectives of the Community Design Plan is the following:

This part of the General Plan focuses on Citywide and neighborhood-level details rather than project- and parcel-based specifics. The objectives of this element are to:
- Preserve and enhance the visual quality of the City.
- Reinforce/strengthen the community identity of Palm Springs. - Protect and strengthen the sense o f place and character of neighborhoods. - Enhance vehicular and pedestrian corridors through the use of consistent design features. - Enhance the energy , vitality , and urban village character of the downtown. - Retain the architectural quality and diversity of Palm Springs. - Protect the character of historic neighborhoods.
- Protect viewsheds and scenic corridors.
- Encourage environmentally friendly and sustainable design and building practices Our projects promote the desired architectural diversity as is consistent with not only the City of Palm Springs, but also with the neighborhood of the Mesa. A defining feature such as a cantilever in this neighborhood only ADDS to the diversity of the neighborhood architecture, as opposed to mimicking the historic development patterns that are no longer viable due to code changes over the years. Variety and Character in the form of differing materials, rooflines, massing, etc. were all requested qualities of the designs by both the ARC and the Planning Staff, resulting in unanimous approval by the ARC and recommendation of approval by the Planning Staff. Planning Commission's determination contradicts not only the intention of the Community Design Element it references, but also the direct design guidance that was provided by the ARC and the Planning Staff in the preceding stages of review. Furthermore, the Planning Commission rejects the Minor Modifications solely based on their interpretation of the projects not being consistent with the General Plan. Despite the fact that the projects ARE consistent with the General Plan, as noted Item 2A - 44
above, AND are direct responses to both the ARC and Planning Staff recommendations, the neighboring houses consistently have a reduced front setback, in many cases much less than the 10' being requested. The proposed building heights were significantly adjusted numerous times throughout the ARC process, ultimately resulting in a unanimous approval. Planning Staff nor ARC ever requested or advised on maintaining a maximum height of 18'. Instead, they supported the pursuit of an AMM and asked for specific incremental reductions in height which we complied with, resulting in unanimous approval.

In response to Finding #2, the average size of the homes in the immediate neighborhood is 2563 sf.

Additionally, many of the more recent developments in the Mesa are much larger than this. Our respective proposed projects of 2775 sf and 2811 sf are clearly not significantly larger than the average in the immediate neighborhood as is claimed by the Planning Commission and are significantly smaller than some of the more contemporary construction in the neighborhood.

Furthermore, our rooflines are lower than the surrounding neighbor's homes behind and next to our properties. These were direct design responses to the ARC and City Planning Staff criteria so that perceived massing would be minimized and viewshed corridors would be maintained.

Once we have the full deck completed, we will send it to you for your records. We would greatly appreciate it if the content of it was included in and supported by your presentation; however, we will be prepared to present it as a supplement to what you present.

Please let us know if there is anything else you need at this moment.

Eric Hawkins, AIA
HA+MA
www.hawkinsmarshall.com
CA License No. C-36205
678.478.7529
On Mon, Mar 21, 2022 at 2:38 PM David Newell <[email protected]> wrote:

Please refer to my earlier email regarding the General Plan, which was adopted in 2007.

From: Eric Hawkins <[email protected]>
Sent: Monday, March 21, 2022 1:34 PM
To: Noriko Kikuchi <[email protected]>
Cc: David Newell <[email protected]>; eric krut <[email protected]>; Scrap Marshall <[email protected]>
Subject: Re: APPEAL_Case 3.4215 MAJ & Case 3.4216 MAJ_310 & 322 West Crestview Drive NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Item 2A - 45
ATTACHMENT 6
Item 2A - 46
Item 2A - 47

EXCERPT OF MINUTES
At the Architectural Advisory Committee (AAC) meeting of the City of Palm Springs held on June 7, 2021, the AAC took the following action:

4. HAWKINS AND MARSHALL, ON BEHALF OF CARMELITA PROPERTIES

LIMITED, FOR A MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A 3,665-SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON A 15,173- SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ). (NK)
Associate Planner Kikuchi presented the project as outlined in the staff memorandum.

Chair Jakway opened public comments:

ERIC HAWKINS, applicant, described the project history. He said they held a neighborhood meeting and made changes in response to comments heard at the meeting.

Vice Chair Rotman asked about exterior materials.

Chair Jakway asked for additional information on underside of home and proposed piers.

He questioned the location of mechanical equipment and how service is provided if equipment is 15-feet lower than the street. Mr. Jakway questioned the roof drainage. In reference to Cross Section C-C on Sheet C-3, he said the house should step with the topography. (Mr. Hawkins said the referenced section has not been updated yet to reflect the pad changes show in other plans, in response to comments from neighbors.) JIM DUNN, spoke about concerns about the project relating to a house that's more in context with the neighborhood and consistent with the lot.

LUCIEN WOLFE, nearby resident, thinks the home should be lower and the design would negatively impact the neighborhood.

ERIC KRUT, one of project owners, described the project intent, and noted other homes he's built in the area.

ROSIE VACANO, nearby resident, questioned what was said at the neighborhood meeting. She said there are five lots and questioned why there's one developer doing five individual homes.

ERIC HAWKINS, applicant rebuttal, responded to previous public testimony stating that they responded to neighbor's concern by lowering the pad. 1 Item 2A - 48
Vice Chair Rotman asked about the finished floor elevations. (Mr. Hawkins said the garage and elevated area is 496 and home is 494.5.)
There being no further speakers, public comments was closed.

Chair Jakway described his history and familiarity with the neighborhood. He said large homes were typically built on larger lots, and that smaller homes were built on smaller lots. Mr. Jakway does not think the rear landscape will last, because that area is a wash and it will be wiped out during heavy rains. He is not in favor of the layout of the landscape design. The most concerning issue was the lack of integration with the hillside and stepping of the home down the slope. He was concerned with the exterior materials, including the wood that will not last in desert environment, as well as large exposure of glazing.

Member Doczi requested the applicant to review the appropriateness of plant materials.

He suggested a more naturalized landscape edge at the perimeter to appear as a more natural appearance.

Member Thompson appreciates the design of the architecture but thinks the size of the home is too large for the location. He also was concerned on the exterior materials.

Chair Jakway said there is a mismatch of the home design and the site conditions. The project doesn't fit with the neighborhood.

Vice Chair Rotman agrees with the Committee, and said the plans were hard to read and somewhat misleading. He would like to see the home in context with the adjacent developments.

Member McCoy agreed with the Committee members comments.

MOTION: Doczi, seconded by Thompson to restudy based on comments I, TERRI HITZ, Planning Administrative Coordinator for the City of Palm Springs hereby certify that the above action was taken by the Architectural Advisory Committee of the City of Palm Springs on the 7th day of June, 2021, by the following vote:

AYES: DOCZI, MCCOY, THOMPSON, WALSH, ROTMAN, JAKWAY
ABSENT: LOCKYER, POEHLEIN
g-~~
Terri Hintz ~ Planning Administrative Coordinator
2 Item 2A - 49

EXCERPT OF MINUTES
At the Architectural Review Committee (ARC) meeting of the City of Palm Springs held on July 19, 2021, the ARC took the following action:

1. HAWKINS AND MARSHALL, ON BEHALF OF CARMELITA PROPERTIES

LIMITED, FOR A MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A 3,539-SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON A 15,173- SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 {CASE 3.4215 MAJ). {NK)
Planner Kikuchi presented the project as outlined in the staff report and showed comparisons of the previous design with the proposed revisions.

Member Lockyer questioned the reason the ARC is reviewing the project with the front setback being much lower than required.

SCRAP MARSHALL, architect, thanked the Committee for the comments given at the previous review and described the project changes resulting from committee comments.

Mr. Marshall provided site sections showing the outline of the previous structure compared with the new design.

ERIC KRUT, owner, said the applicant is willing to reduce the density of the remaining three lots into two lots, in response to neighbor concerns. He said they've addressed comments from the Committee.

Chair Jakway indicated there is a difficulty in reviewing plans due to inconsistencies. He described various details missing or incorrect on the plans, including finished floor, garage height and ceiling thickness, landscape walls, side yards, exterior elevations, mechanical equipment, ducting and cantilevers of bedroom wing.

Member Doczi agreed and expressed concern with the lack of a grading plan, noting difficulty understanding the side yards details.

Chair Jakway said the front landscape should extend to the roadway to improve the design and questioned how the pool area is serviced in terms of access.

Member Lockyer questioned the floor plan and grading.

ERIC HAWKINS, architect, confirmed the ceiling height of the garage 8'-6". He confirmed the elevations are correct versus the floor plan in relation to the window locations.

Chair Jakway questioned the cantilever of the bedrooms and if the structural ability to construct the home as shown. He questioned the inconsistency of the roof material. 1 Item 2A - 50
Member Doczi indicated the lack of retaining details near the garage. Mr. Hawkins responded the garage was located closer to the front setback based on comments from the Committee at its previous review.

Vice Chair Rotman said he is not concerned with the location of the house relative to the street but said there are too many issues to address that have been raised by the Committee today.

Member Doczi agreed with Mr. Rotman and said the renderings present a nice project; however, the 2-dimensional plans do not show this detail.

Member Lockyer was not convinced that the front setback reduction was necessary and said more information is needed to understand neighborhood context.

Member McCoy said he is comfortable with the design.

MOTION: Lockyer, seconded by Doczi to recommend denial as presented, or alternatively redesign with direction to develop further details on project and address inconsistencies.

AYES: DOCZI, LOCKYER, MCCOY, POEHLEIN, WALSH, ROTMAN, JAKWAY The Committee gave direction to provide proposed grades, hardscape, and setbacks of other homes in relation to the street.

Member Lockyer said there's other ways to configure the layout of the home and address the previous Committee comments.

The Committee reiterated addressing concerns related to various finished floors, clarify garage height and ceiling thickness, detail landscape walls and equipment on side yards and how pool is serviced, exterior elevations detail relative to window locations, show mechanical equipment and ducting, clarify structural details of cantilever of bedroom wing.

I, TERRI HITZ, Planning Administrative Coordinator for the City of Palm Springs hereby certify that the above action was taken by the Architectural Review Committee of the City of Palm Springs on the 19th day of July, 2021, by the following vote:

Planning Administrative Coordinator
2 Item 2A - 51

EXCERPT OF MINUTES
At the Architectural Review Committee (ARC) meeting of the City of Palm Springs held on August 30, 2021, the ARC took the following action:

3. HAWKINS AND MARSHALL, ON BEHALF OF CARMELITA PROPERTIES

LIMITED, FOR A MAJOR ARCHITECTURAL APPLICATION TO
CONSTRUCT A 4,051-SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON A 15,173-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310 WEST
CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE

7.1632 AMM) (NK).

Planner Kikuchi presented the project as outlined in the staff report and explained the changes and staff recommendations.

ERIC HAWKINS, applicant, described the project changes.

Member Walsh asked for clarification on the building height changes, window details, solar control and mechanical location. Mr. Hawkins provided details on these items.

Member McCoy questioned the specification for the gravel on the landscape plan and plans for front yard landscape. Mr. Hawkins responded they were trying to keep the design as minimal as possible.

No other members of the public requested to speak.

Mr. Thompson thinks the design of the house is nice but wondered if the design is appropriate for the neighborhood based on neighbor comments. He thinks the wall at garage parapet wall is high.

Member Lockyer questioned why the height of the garage is so tall. Mr. Hawkins explained the garage parapet was provided as higher feature to screen solar panels. He said the parapet is 36-inches and was open to lowering the parapet to reduce garage massing.

Member Lockyer questioned the north elevation drawings and proposed piers and visibility of equipment underneath the structure. Mr. Hawkins said there was landscape was previously proposed but not well-received during previous reviews.

Member Poehlein thinks the project has improved but agreed that the garage is too tall and thinks reducing the parapet by six inches is appropriate. He said the piers will need to be mitigated on how they will appear from the homes below.

Member Lockyer confirmed the location of mechanical equipment. 1 Item 2A - 52
,, Member Walsh said the project has been an uphill battle and the, question on appropriateness for the area has been brought up since the first review.

Member McCoy recommended additional planting in the front yard and recalled the rear yard planting was first designed in a very linear fashion. He recommended a more natural design that blended in with the natural environment.

Vice Chair Rotman agreed that a more natural landscape design would be appropriate in the rear. He appreciated the willingness to lower the height and garage. The front landscape should be more thought-out and designed to fit the neighborhood.

MOTION: Lockyer, seconded by Thompson to approve subject to the following conditions:

1. The ARC to review landscape plan that includes additional materials in naturalized appearance;

2. Lower height of garage parapet;

3. Reduce rear portion by 2 feet in height as recommended by staff.

AYES: DOCZI, LOCKYER, MCCOY, POEHLEIN, WALSH, ROTMAN, JAKWAY ABSENT: DOCZI
ABSTAIN: JAKWAY
~-54 ~~-:,._
Terri Hintz 3
Planning Administrative Coordinator
2 Item 2A - 53

EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs held on December 8, 2021, the Planning Commission took the following action:

48. ERIC HAWKINS OF HAWKINS AND MARSHALL, ON BEHALF OF

CARMELITA PROPERTIES LIMITED, FOR MAJOR ARCHITECTURAL

AND ADMINISTRATIVE MINOR MODIFICATION APPLICATIONS TO
CONSTRUCT A 4,051-SQUARE-FOOT SINGLE-FAMILY RESIDENCE
ON A 15,173-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310
WEST CRESTVIEW DRIVE (APN: 513-361-024), ZONE R-1-C (CASE

3.4215 MAJ & CASE 7.1632 AMM) (NK)
Vice Chair Roberts requested staff provide history of subject property.

Chair Weremiuk requested additional views of the property looking across the ravine.

Planner Kikuchi provided a PowerPoint presentation of the proposed projects, a brief history of sites and summarized the ARC's recommendations.

Discussion followed regarding information regarding the vulnerability of the sites, and existing wildlife, sightings of bighorn sheep, drainage and hydrology issues, concerns that the proposed projects are not compatible with the existing neighborhood, the size of the proposed homes compared to neighboring homes, protecting footings from erosion, leaving the slope as natural as possible, requesting story poles to evaluate project heights, concerns with vehicular access for emergency vehicles during the construction period and information regarding the highest point of the proposed homes from street grade.

Associate Engineer Minjares reported there are two hydrology issues: the bottom of the canyon and a drainage issue on Crestview. The hydrology needs to expand quite a distance away to correct the flows. He stated one of the concerns is on the bottom part of the property, once the hydrology report is done, they will be able to come up with mitigations on how to protect the bottom portion of the property and structural walls where the pylons are. He indicated the biggest concern is on Crestview and the frontage with large amount of water coming through there. Also, there's a significant amount of water coming from the mountains they have not been able to substantiate what's happening.

Engineering staff gave the applicant direction on how to calculate it. Mr. Minjares addressed questions from the Commission relating to the hydrology of the sites.

A recess was taken at 8:45 p.m. The meeting resumed at 8:51 p.m.

The Commission continued discussion on the second application. See below. 1 Item 2A - 54
MOTION: Waremiuk, seconded by Hirschbein, to continue to date certain of January 12, 2022, with direction to applicant to provide story poles and better renderings from all views.

I, TERRI HITZ, Planning Administrative Coordinator for the City of Palm Springs hereby certify that the above action was taken by the Planning Commission of the City of Palm Springs on the 8th day of December, 2021, by the following vote:

AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK ~<?%fi
Terri Hintz
Planning Administrative Coordinator
2 Item 2A - 55

EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs held on January 12, 2022, the Planning Commission took the following action:
3A. HAWKINS AND MARSHALL, ON BEHALF OF CARMELITA

PROPERTIES LIMITED, FOR MAJOR ARCHITECTURAL AND

ADMINISTRATIVE MINOR MODIFICATION APPLICATIONS TO
CONSTRUCT A 3,465-SQUARE-FOOT SINGLE-FAMILY RESIDENCE
ON A 15,173-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310
WEST CRESTVIEW DRIVE (APN: 513-361-024), ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM) (NK)
Vice Chair Roberts verified if the story-poles have been certified. Planner Kikuchi responded staff visited the site and confirmed the installation of the story-poles but have not seen certification information.

ERIC HAWKINS, applicant, said they hired a licensed surveyor from Fomotor Engineering to set the stakes and erect the story poles according to the data. Mr. Hawkins stated they can get a letter of certification if the Commission so desires.

Vice Chair Roberts said he cannot move forward until certification of story-poles has been provided. Chair Weremiuk concurred with Vice Chair Roberts. Vice Chair Roberts said this would apply this condition to Item 38, as well.

Discussion followed about modifying the motion to include strings tied from pole to pole and modification of renderings to show the design of the rear of the house with the peers and height reduction.

Roberts, seconded by Weremiuk to continue to date certain of January 26, 2022, with direction to the applicant to:

AYES:

1. Provide certification of story-poles.

2. Strings tied from pole to pole to depict the building massing.

3. Renderings shall be revised to show the design of the rear of the house with the peers and reduction of overall height by one foot.

AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
Weremiuk, seconded by Aylaian to reconsider the item.

AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK 1 Item 2A - 56
MOTION: Hirschbein, seconded by Aylaian to continue to date certain of January 26, 2022, with direction to the applicant to:

1. Provide certification of story-poles.

2. Tie strings from pole to pole to depict the building massing.

3. The renderings to be revised to show the design of the rear of the house with the peers and reduction of overall height by one foot.

4. Submit landscape plan to Planning Commission for review.

EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs held on January 26, 2022, the Planning Commission took the following action:
3A. HAWKINS AND MARSHALL, ON BEHALF OF CARMELITA

PROPERTIES LIMITED, FOR MAJOR ARCHITECTURAL AND

ADMINISTRATIVE MINOR MODIFICATION APPLICATIONS TO
CONSTRUCT A 3,465-SQUARE-FOQT SINGLE-FAMILY RESIDENCE
ON A 15,173-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310
WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7 .1632 AMM). (NK)
MOTION: Miller, seconded by Aylaian Continue to date certain of February 9, 2022 I, TERRI HITZ, Planning Administrative Coordinator for the City of Palm Springs hereby certify that the above action was taken by the Planning Commission of the City of Palm Springs on the 26th day of January, 2022, by the following vote:

AYES: AYLAIAN, ERVIN, MILLER, MORUZZI, ROBERTS, WEREMIUK ABSENT: HIRSCHBEIN
Terri Hintz
Planning A ministrative Coordinator
1 Item 2A - 58

EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs held on February 9, 2022, the Planning Commission took the following action:
3A. HAWKINS AND MARSHALL, ON BEHALF OF CARMELITA

PROPERTIES LIMITED, FOR MAJOR ARCHITECTURAL AND

ADMINISTRATIVE MINOR MODIFICATION APPLICATIONS TO
CONSTRUCT A 3,465-SQUARE-FOOT SINGLE-FAMILY RESIDENCE
ON A 15,173-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310
WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7 .1632 AMM). (NK)
In response to Commissioner Hirschbein's question, Assistant Planning Director Newell responded the story poles and ribbon/strings are up on the sites and he will send the certification of story-poles to the Commission.

Roberts, seconded by Miller to continue to regular meeting of February 23, 2022.

MOTION: Roberts, seconded by Miller, to continue to regular meeting of February 23, 2022.

AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS, WEREMIUK ~/~~ Terri Hintz
Planning Administrative Coordinator
1 Item 2A - 59

EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs held on February 23, 2022, the Planning Commission took the following action:
3A. HAWKINS AND MARSHALL, ON BEHALF OF CARMELITA

PROPERTIES LIMITED, FOR MAJOR ARCHITECTURAL AND

ADMINISTRATIVE MINOR MODIFICATION APPLICATIONS TO
CONSTRUCT A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE
ON A 15,173-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT
310WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7 .1632 AMM). (NK)
Chair Weremiuk announced this Item and Item No. 38 will be heard, concurrently.

Associate Planner Kikuchi narrated a PowerPoint presentation regarding the proposed project.

The Commission requested clarification on an Administrative Minor Modifications (AMM), the front setback, the size of the landscape area, calculations for density and lot coverage, the Hillside Ordinance, R-1 standards, impacts of the two lots together and hydrology issues.

Engineering Associate Minjares explained the hydrology is similar to both lots in the rear of the lots. He said the hydrology is slightly different on the front of the lots. Mr. Minjares said staff has been working with the applicant's engineer for quite some time and are now down to one aspect of the hydrology study that they do not agree with which is the accumulation of water at Ridgefield Road and Crestview and how it would affect these lots. Mr. Minjares said Engineering Staff along with their Hydrologist are confident that the water can be mitigated safely, it will not impact homeowners to the north or south with structure protection at the bottom. He concluded that they do not have a lot of concern with the flooding area at the bottom and recently had meetings with the Department of Water Resources regarding to FEMA and they also indicated they do not see this as an issue. He said they are very confident these projects can be built, and water can be mitigated safely.

Chair Weremiuk invited the applicant to address the Commission.

ERIC HAWKINS, applicant, discussed the changes from the previous submission and noted that this has been a long process dating back to almost one year with their first neighborhood outreach meeting. Mr. Hawkins addressed community input, review by the ARC, original Planning Commission review and have addressed and revised building relationship to the surrounding topography and hydrology. Mr. Hawkins provided details on the story poles and revised renderings.
1 Item 2A - 60
Chair Weremiuk closed public comments.

Vice Chair Roberts questioned if the plantings in the rear elevations are native. Mr.

Hawkins responded the plantings are recommended vegetation for this area. Mr. Roberts said it's important to plant vegetation that will attract wildlife and reduce the visual impact from the underside of these houses from Ridge Road.

Vice Chair Roberts said these two houses have been through a tremendous amount of process and thinks they are a little large for their parcels; however, the design is good, and the applicant has gone a long way to make them work. He said the Mesa is full of everything- every style, every size and every scale.

MOTION: Weremiuk, seconded by Hirschbein to deny the project applications, finding that the project doesn't meet Architectural Review findings 1, 2 or 3 and Administrative Minor Modification findings 1 or 4 as follows:

Architectural Review Findings:

1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas.

The proposed residence includes a prominent cantilever which projects into the canyon in the rear. The Community Design Element of the Palm Springs 2007 General Plan states, "The City of Palm Springs is visually defined by both its natural and built environments. Traditionally. The City's built environment has respected and complemented the natural environment ... " (Palm Springs 2007 General Plan, Community Design Element, page 9-2). The rear portion of the proposed residence projects into the canyon far more than other existing residences in the neighborhood. Therefore, the proposed project is not consistent with the historic development pattern of the neighborhood and does not meet this finding.

2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate
neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted The rear portion of the proposed residence extends into the canyon much further than other residences that are located on the rim of the canyon, and the massing of the proposed residence is greater than other existing residences in the immediate neighborhood. Therefore, the proposed residence is not harmonious with its surroundings, and it does not meet this finding. 2 Item 2A - 61

3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment;
The massing of the proposed residence is greater than other residences in the neighborhood. The proposed project does not meet the maximum building height and minimum front yard setback requirements of the zoning code. In order for the project to meet this finding, the project requires the approval of an Administrative Minor Modification (AMM) application for the proposed building height increase and reduced front yard setback. However, the proposed project does not meet the findings that are required for AMM approval. Therefore, the proposed project does not meet this finding.

Administrative Minor Modification Findings:

1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.

The approval of this AMM application is requested for an increase in the maximum allowable building height and a front yard setback reduction for a hillside singlefamily residence in accordance with Palm Springs Zoning Code Sections

92.01 .03(8)(5) and 94.06.01(A)(10). The project proposes the building height of

23.6 feet a 10-foot front yard setback. An AMM approval is requested for a project which is not consistent with the Community Design Element of the Palm Springs 2007 General Plan that states, "The City of Palm Springs is visually defined by both its natural and built environments. Traditionally. The City's built environment has respected and complemented the natural environment ... " (Palm Springs 2007 General Plan, Community Design Element, page 9-2). Therefore, the proposed project does not meet this finding.

4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

This AMM approval is requested for a proposed residence with a prominent cantilever, which projects into the canyon in the rear far more than other existing residences on the rim. Additionally, the massing of the proposed residence is greater than other residences found in the neighborhood. Since the proposed project is not consistent with the historic development pattern of the neighborhood, it does not meet this finding.

NOES:

ABSENT:

AYLAIAN, HIRSCHBEIN, MILLER, WEREMIUK

ROBERTS

ERVIN, MORUZZI
Planning Administrative Coordinator
4 ATTACHMENT 7
Item 2A - 63
Item 2A - 64
RESOLUTION NO. 6901

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING CASE NO.

3.4215 MAJ AND CASE NO. 7.1632 AMM FOR MAJOR

ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR

MODIFICATION (AMM) APPLICATIONS TO CONSTRUCT A
3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH
THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON A
15,173-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310
WEST CRESTVIEW DRIVE (APN: 513-361-024), ZONE R-1-C,
SECTION 27.

THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

A. Eric Hawkins of Hawkins + Marshall ("Applicant") filed a Major Architectural (MAJ) application, Case 3.4215 MAJ, with the Planning Division of the City of Palm Springs Development Services Department on behalf of Carmelita Properties Limited, property owner, pursuant to Section 94.04.00 (Architectural Review) of the Zoning Ordinance for the construction of a new 3,278-square-foot single-family residence on a 15, 173-square-foot undeveloped hillside parcel located at 310 West Crestview Drive, Zone R-1-C, Section 27.

B. Eric Hawkins of Hawkins + Marshall ("Applicant") filed an Administrative Minor Modification (AMM) application, Case 7.1632 AMM, with the Planning Division of the City of Palm Springs Development Services Department on behalf of Carmelita Properties Limited, property owner, pursuant to Palm Springs Zoning Code Section

94.06.01(A)(10). The AMM application was filed for: 1) a 10-foot front yard setback instead of the code-required 25-foot minimum, and 2) the maximum building height of 23.6 feet instead of the code-required maximum 18 feet.

C. On June 7, 2021, the Architectural Advisory Committee (AAC) reviewed the project and voted unanimously for the project to be continued for further study.

D. On July 19, 2021, the Architectural Review Committee (ARC) reviewed the project and voted unanimously for the project to be continued for further study.

E. On August 30, 2021, the Architectural Review Committee (ARC) reviewed the project and voted 6-0 (1 absent, Doczi, 1 Abstain, Jakway) to recommend approval to the Planning Commission subject to the conditions of approval. The recommended conditions are: 1) the ARC to review landscape plan that includes additional materials in naturalized appearance; 2) lower the height of garage parapet; and 3) Feduce the rear portion of the proposed residence by 2 feet as recommended by staff.

Item 2A - 65
Planning Commission Resolution No. 6901
Case 3.4215 MAJ & Case 7.1632 AMM
February 23, 2022

Page 2 of 5 ends

F. On December 8, 2021, the Planning Commission reviewed and voted unanimously to continue the project to a date certain with a condition that the applicant install story poles and provide additional renderings.

G. On January 12, 2022, the Planning Commission reviewed and voted unanimously to continue the project to a date certain with a condition that the applicant provide the following:

1. Certification of story pole accuracy (including their heights and locations) from the installing engineer/surveyor.

2. Story pole installation with ribbon/string between the story poles to clearly show the proposed massing.

3. Revised renderings to accurately depict proposed structures, including the following specific changes:
a. Pier designs where proposed
b. Reduction of one (1 )-foot-height as outlines in the conditions

4. Provide landscape plan that includes proposed redivisions recommended by the ARC.

H. On February 23, 2022, a public meeting on the applications to consider Case

3.4215 MAJ and Case 7.1632 AMM was held by the Planning Commission in accordance with applicable law.

I. The project site is a hillside parcel located within the R-1-C Zone, and the proposed project was reviewed in accordance with the following guidelines and regulations:
1) Palm Springs Zoning Code Section 94.04.00 (Architectural Review) 2) Palm Springs Zoning Code Section 93.13.00 (Hillside Developments) 3) Palm Springs Zoning Code Section 94.06.01 (Minor Modifications) J. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be categorically exempt pursuant to Section 15303(a) of the CEQA Guidelines (Class 3, New Single-Family Residence).

K. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff report, and all written and oral testimony presented.

L. Pursuant to Section 94.04.00 (Architectural Review) of the Palm Springs Zoning Code, the Planning Commission finds that, based upon the following factors, the proposed project will not provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments:

Item 2A - 66
Planning Commission Resolution No. 6901
Case 3.4215 MAJ & Case 7.1632 AMM
February 23, 2022

Page 3 of 5 ends

2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted
The rear portion of the proposed residence extends into the canyon much further than other residences that are located on the rim of the canyon, and the massing of the proposed residence is greater than other existing residences in the immediate neighborhood. Therefore, the proposed residence is not harmonious with its surroundings, and it does not meet this finding.

3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment;
The massing of the proposed residence is greater than other residences in the neighborhood. The proposed project does not meet the maximum building height and minimum front yard setback requirements of the zoning code. In order for the project to meet this finding, the project requires the approval of an Administrative Minor Modification (AMM) application for the proposed building height increase and reduced front yard setback. However, as explained in Findings M1 and M2 of this resolution below, the proposed project does not meet the findings that are required for AMM approval. Therefore, the proposed project does not meet this finding.

M. Pursuant to Section 94.06.01 (Minor Modifications) of the Palm Springs Zoning Code, the Planning Commission finds:

1. The requested minor modification is consistent with the general plan, Item 2A - 67
Planning Commission Resolution No. 6901
Case 3.4215 MAJ & Case 7.1632 AMM
February 23, 2022

Page 4 of 5 ends

applicable specific plan(s) and overall objectives of the zoning ordinance.

The approval of this AMM application is requested for an increase in the maximum allowable building height and a front yard setback reduction for a hillside single-family residence in accordance with Palm Springs Zoning Code Sections 92.01 .03(8)(5) and 94.06.01(A)(10). The project proposes the building height of 23.6 feet a 10-foot front yard setback. As explained in Finding L 1 above, AMM approval is requested for a project which is not consistent with the Community Design Element of the Palm Springs 2007 General Plan that states, "The City of Palm Springs is visually defined by both its natural and built environments. Traditionally. The City's built environment has respected and complemented the natural environment ... " (Palm Springs 2007 General Plan, Community Design Element, page 9-2). Therefore, the proposed project does not meet this finding.

2. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

THE PLANNING COMMISSION RESOLVES:

Based upon the foregoing, the Planning Commission denies Case No. 3.4215 MAJ and Case No. 7.1632 AMM for the construction of a 3,278-square-foot single-family residence with the maximum building height of 23.6 feet and a 10-foot front yard setback on a 15, 173-square-foot undeveloped hillside parcel located at 310 West Crestview Drive (APN: 513-361-024).

ADOPTED this 23rd day of February, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

AYLAIAN, HIRSCHBEIN, MILLER, WEREMIUK

ROBERTS

ERVIN, MORUZZI
NONE

CITY OF PALM SPRINGS, CALIFORNIA
Item 2A - 68
Planning Commission Resolution No. 6901
Case 3.4215 MAJ & Case 7.1632 AMM
~ e , ~ Fl nn Fagg, Al~p Deputy City Manager
February 23, 2022

Page 5 of 5 ends

ATTACHMENT 8
Item 2A - 69
Case 3.4215 MAJ & Case 7.1632 AMM - Development Standards Standard Required/
Allowed Provided Compliance
Min. Setbacks
•Front (South) 25 Feet
(Min. 10 Feet for
a hillside project
subject to AMM
approval)
10 Feet Yes, with AMM
approval
•Side (West) 10 Feet 10 Feet Y
•Side (East) 10 Feet 10 Feet Y
•Rear (North) 15 Feet 41.1 Feet Y
Architectural Projection Max. 40 inches
for side yards
40 Inches Y
Max. Lot Coverage 35 % 21.6% Y
Max. Building Height 12 ~ 18 Feet;
Max. 12 at
setback;
(Max. 30 Feet for
a hillside project
subject to AMM
approval)
Max. 23.6 Feet Yes, with AMM
approval
Building Separation 6 Feet ~ 10 Feet,
depending on the
height of involved
structures
29 Feet
(Detached
Garage)
N/A
Perimeter Wall Height
•North 6 Feet Not Proposed N/A
•South Max. 4.5 ~ 6 Feet Not Proposed N/A
•East Max. 4.5 ~ 6 Feet Not Proposed N/A
•West Max. 4.5 ~ 6 Feet Not Proposed N/A
Mechanical Equipment Screened
Pool and
mechanical
equipment will be
located within a
designated
screened space.

Y
Parking 2 spaces
(covered) 2 spaces Y
Item 2A - 70
ATTACHMENT 9
Item 2A - 71
470
470
475
475
480
485
480
490
495
495
500
500
505
475

A/C AIR CONDITIONING

ADJ ADJUSTABLE
A.F.F. ABOVE FINISH FLOOR

ALT ALTER OR ALTERNATE

ALUM ALUMINUM

APPROX APPROXIMATE

ARCH ARCHITECTURAL

BHO BASELINE HILLSIDE

ORDINANCE

BD BOARD

BITUM BITUMINOUS

BLDG BUILDING

BMO BASELINE

MANSIONIZATION

ORDINANCE

BOT BOTTOM

CAB CABINET

CL CENTERLINE

CLG CEILING

CLO CLOSET

CLR CLEAR

CONC CONCRETE

CONT CONTINUOUS

DET DETAIL

DIA DIAMETER

DIM DIMENSION

DN DOWN

DWG DRAWING
(E) EXISTING
E EAST

EA EACH

ELEC ELECTRICAL

ELEV ELEVATION

EQ EQUAL

EQUIP EQUIPMENT
E.W. EACH WAY

EXT EXTERIOR

FIN FINISH

FLR FLOOR

FLUOR FLUORESCENT
F.O.C. FACE OF CONCRETE
F.O.F. FACE OF FINISH

FT FOOT, FEET

FURR FURRING, FURRED

GA GAUGE

GALV GALVANIZED

GYP GYPSUM
H.B. HOSE BIB
H.C. HOLLOW CORE

HVAC HEATING, VENTILATION
& AIR CONDITIONING

INSUL INSULATION

INT INTERIOR
L.H. LEFT HAND

MAX MAXIMUM

MECH MECHANICAL

MTL METAL

MFR MANUFACTURE

MIN MINIMUM

MISC MISCELLANEOUS

MTD MOUNTED
(N) NEW

N NORTH
N.I.C. NOT IN

CONTRACT

NO NUMBER

NOM NOMINAL
N.T.S. NOT TO SCALE

O/ OVER
O.C. ON CENTER

OPP OPPOSITE
P.L. PROPERTY LINE

PLYWD PLYWOOD

RAD RADIUS

REF REFERENCE

REFR REFRIGERATOR

REQ REQUIRED

REV REVISED
R.H. RIGHT HAND
R.O. ROUGH OPENING

S SOUTH

SIM SIMILAR

SPEC SPECIFICATION

SQ SQUARE
S.S. STAINLESS
STEEL

STL STEEL

STRUCT STRUCTRUAL
T.O.S. TOP OF SLAB

TYP TYPICAL
U.O.N. UNLESS

OTHERWISE
NOTED

VERT VERTICAL
V.I.F. VERIFY IN
FIELD
W WEST

W/ WITH

W/O WITHOUT
W.C. WATER CLOSET

WD WOOD

WPM WATERPROOF

MEMBRANE

PROJECT DESCRIPTION
NEW CONSTRUCTION OF 2775 SF SINGLE FAMILY RESIDENCE + 503 SF DETACHED 2-CAR GARAGE

PROJECT ADDRESS
310 W CRESTVIEW DR
PALM SPRINGS, CA 92264
OWNER
NAME: CARMELITA PROPERTIES LIMITED
ADDRESS: 1775 E PALM CANYON DR STE 110-217
PALM SPRINGS, CA 922264-1623

LEGAL DESCRIPTION
LOT: LOT 17
TRACT: PALM CANYON MESA TRACT
MAP REFERENCE: MB 12/52-56
PARCEL NUMBER (APN): 513-361-024

ZONING INFORMATION
ZONING: R-1
HILLSIDE AREA: YES
SPECIFIC PLAN: N/A
FIRE ZONE:

CONSTRUCTION TYPE: VB

REQUIRED SETBACKS
FRONT YARD: 25'
SIDE YARD: 10'
REAR YARD: 15'
LOT COVERAGE (SEE SHEET 14/T0.00 FOR CALCS)
LOT AREA: 15,173 SF
LOT COVERAGE: 22.8% (3465 SF / 15173 SF)
MAX ALLOWABLE: 35%
RESIDENTIAL FLOOR AREA (RFA) (SEE SHEET 13/T0.00 FOR CALCS) PROPOSED FLOOR AREA: 3278 SF
MAX. ALLOWABLE:

BUILDING HEIGHT
MAX HEIGHT: PER DIRECTOR
BLDG HEIGHT: VARIES

PARKING
REQUIRED: 2 COVERED
PROPOSED: 2 COVERED / 2 UNCOVERED

GRADING
TOTAL CUT/FILL: .

TOTAL BACKFILL:

TOTAL IMPORT/EXPORT:

CODES AND STANDARDS
CALIFORNIA BUILDING CODE 2020 EDITION
CALIFORNIA GREEN BUILDING CODE 2020
CALIFORNIA MECH CODE 2020
CALIFORNIA ELEC CODE 2020 EDITION
CALIFORNIA PLUMBING CODE 2020 EDITION

CAL/OSHA

DEFERRED SUBMITTALS
...........
...........
............
.............

LOT
17 10' SIDE SETBACK
10' SIDE SETBACK
25' FRONT SETBACK
15' REAR SETBACK
P/L
P/L
P/L
P/L
P/L
POOL
1 STORY FAMILY

RESIDENCE
2775 SF
DETACHED 2-
CAR
GARAGE
503 SF

DRIVEWAY
10'-0"
10'-0"
15'-0"

CRESTVIEW DR

LOT WIDTH
105'-1 1/4"

LOT DEPTH
149'-8 1/2"
P/L

SETBACK
10' 15'
41' REAR BLDG SETBACK

SIDE BLDG SETBACK
12'-1 1/4"

SOILS ENGINEER

LANDMARK GEO-ENGINEERING
780 N.4TH STREET
EL CENTRO, CA 92243
(760) 370-3000
[email protected]

STRUCTURAL ENGINEER

BEYOND ENGINEERING

INCORPORATED
15901 HAWTHORNE BLVD. SUITE 220,
LAWNDALE, CA 90260
(310) 793-8410
[email protected]

CIVIL ENGINEER

OBANDO & ASSOCIATES INC
1453 14TH STREET, SUITE A

SANTA MONICA, CA
(310) 821-7555
CLIENT

CARMELITA PROPERTIES LIMITED
1775 E PALM CANYON DR STE 110-217
PALM SPRINGS, CA 922264-1623

ARCHITECT
HAWKINS+MARSHALL
5319 W 123RD PL
HAWTHORNE, CA 90016
(678) 478-7529 TEL
WWW.HAWKINSMARSHALL.COM
[email protected]
C-36205

SURVEYOR

FOMOTOR ENGINEERING
225 S. CIVIC DRIVE, SUITE 1-5
PALM SPRINGS, CA 922262
(760) 323-1842

WINDOW SYMBOL
ROOM NO.

REFERENCE LETTER

DOOR SYMBOL

34.B
005.1
ROOM NO.

REFERENCE NO.

REV. NO.
3 REVISION CLOUD

ROOM NAME
ROOM NO.

ROOM LABEL
LIVING
ROOM
002

SECTION
SECTION NO.
4 A4.4
SHEET NO.

AREA REF
DETAIL NO.

SHEET NO.

DETAIL

EXTERIOR ELEVATION
SHEET NO.

ELEVATION NO.

INTERIOR ELEVATION
1 2
3 ELEVATION NO.
(TYPICAL)
SHEET NO.

A6.10

CEILING HEIGHT
8' - 0" CEILING HEIGHT

WALL TYPE
WA8
4 A4.4

TRUE NORTH

NORTH ARROW
4 A4.4

FLOOR AREA
01 MAIN SFR: 2775 SF
GARAGE: 503 SF
TOTAL: 3278 SF

FLOOR AREA
2775 SF
GARAGE
503 SF

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
T0.00
310 W CRESTVIEW DR

PALM SPRINGS, CA

TITLE SHEET

ABBREVIATIONS

PROJECT INFORMATION

VICINITY MAP
SCALE:

PLOT PLAN 1/16" = 1'-0" 11

DIRECTORY
SYMBOL KEY SCALE:
01 FIRST FLOOR PLAN - RFA DIAGRAM 1/16" = 1'-0" 13

SHEET LIST
TITLE
T0.00 TITLE SHEET
T0.01 ZONING DIAGRAMS
T1.00 SURVEY

ARCHITECTURAL
A1.00 SITE PLAN
A1.30 LANDSCAPE & HARDSCAPE PLAN
A2.00 01 FLOOR PLAN
A2.10 02 ROOF PLAN
A3.00 ELEVATIONS
A3.01 ELEVATIONS
A4.00 SECTIONS - BUILDING
A4.01 SECTIONS - BUILDING
A4.02 SECTIONS - BUILDING
CIVIL
C-1 TITLE/NOTES SHEET
C-1.1 PROJECT SURVEY
C-2 GRADING & DRAINAGE PLAN
C-3 CROSS SECTIONS SHEET

MECHANICAL
M0.00 MECHANICAL PLAN - LINE DIAGRAM

SHEET LIST

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
1 1 Revision 1 Date 1
Item 2A - 72
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470
470
475
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485
490
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495
500
505
470
475
480
485
475
475
480
485
490
495
500
B.O. POOL @ ~494'
499.25' T.O.S.

B.O. POOL @ ~491.5'
T.O. SLAB LOWER @ 493.5'
T.O. LANDSCAPE
PAD @ 496.48'
T.O. CRAWLSPACE
@ 493'
T.O. FOOTING
@ 485.5'
T.O.

SLAB
UPPER
@ 495'
T.O.

FOOTING

STEPS W/
SLOPE
497' - 11" TOW
500
496
501
500
498
499.5' T.O.S.
1% SLOPE

GARAGE SLAB
495' T.O.S.
495' T.O.S.
1% SLOPE

GARAGE SLAB
T.O. LANDSCAPE
PAD @ 495'
498
497
495
496
498
497' TOW
503.5' TOW
510' TOW
510' TOW
503.5' TOW
T.O. SLAB LOWER @ 487.5'
T.O. SLAB
MAIN @ 498'

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
T0.01
322 W CRESTVIEW DR

PALM SPRINGS, CA
ZONING

DIAGRAMS

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
SCALE:

GRADING & SLOPE BAND DIAGRAM 3/32" = 1'-0" 1 SCALE:PREVAILING SETBACK DIAGRAM 12" = 1'-0" 2 PORTION OF HILLSIDE >30% SLOPE
Item 2A - 73
•
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10' - 15' SETBACK
-- 15' - 25' SETBACK
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C-362:JS e=N.~/:.O:"!· *

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
T1.00
310 W CRESTVIEW DR

PALM SPRINGS, CA
SURVEY

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 74
r/A~/:; __ ~=:_;;' ___ :'== __ =:::
_
;s1L
_
~
_~§!~~~~~~-? __ -__ ,~~--::----:''~f)e,:=: --;;::::_1~_-7~----:__:_~~J~~~T3'~0~07?77,------~-::: __ :::/;".:~::::>:s: _ ~~T- J!l!t~~7TTT~;;-7,TJT71TC\'\\;\-c-cD0V? ~-\ - ~7~-;; (l_=: __ :==~_='.':"~j(";\-A:--~:::-::G=-:E:~~!D:~~-~-CD-~-~s-MB_E_R_7 ' I
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BENCHMARK
ELEVAllON: 476.262' NGVD 29
DESCRIPTION: CITY OF PALM SPRINGS BM
T-74 2" BRASS DISK STAMPED " C.P.S.

BMT-14 RESET 1987" ON ENE BCR.

LOCATION: THE INTERSECTION OF LA

VERNE WAY AND SOUTH PALM CANYON
DR.

BASIS OF BEARINGS

THE BEARINGS SHOWN HEREON ARE

BASED ON THE CENTERLINE OF EL
CAMINO WAY, BEING N85"36'E PER MB
12/52-56. EXISTING UTILITIES NOTE=

A FIELD SURVEY OF VISIBLE SURFACE
UTILITIES WAS PERFORMED IN MAY 2020. NO

RESEARCH OF UTILITY RECORDS WAS PERFORMED DURING THE PREPARATION OF

THIS TOPOGRAPHICAL SURVEY OTHER THAN
SEWER UTILITIES. SUBSURFACE UTILITIES MAY
EXIST, BUT ARE NOT DENOTED HEREON.

PRELIMINARY
DIAL
BEFORE

YOU DIG

TOLL FREE
nvo WORKING

DAYS BEFORE

YOU DIG
1-800-227-2600

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT
\, __ = _____ ,,- EP EDGE OF PAVEMENT
--, - MH MANHOLE
/ \ / FF FINISH FLOOR
sS• I.P. IRON PIPE
'-- PL BOUNDARY LINE
'\ TP TOP OF PAVEMENT
/_/_/\ • - - • WALL /-~-;;~J --<000"\ r< FIRE HYDRANT / .l(\..\ µ--=-=--~_:-.;>~- \ u ss-, -;-;,- 1 FENCE
-r--;;s]'--f--"'-'---:'/ ss)( _ _,,-EP498. 99 /--- / \
• ---/ \) j \ GAS METER
_--/( 498.35..._ ___ __. '---~ 1 GAS VALVE
''--_ GUY WIRE
1c,1
' © '
'
0 0 ,~,
6=38" ;;,z,; ',,, I
l=1 .69' R=162.1'1' \ )
l"l MAILBOX
\ /
--- I ---J
k= ·2-1eo-r--:'----.. __ /-
,/,REPORT ,.-----11-..________-_=--~'"IJ-----=:: __ _
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A=<B'2.6'02'
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BUILDING
FF~497.2±

BUILDING
\. (NO ACCESS)
ca_,
I®
-- ss --
(j)
1--11
l<I
0 POWER POLE

SANITARY SEWER

MANHOLE
SIGN

SANITARY SEWER LINE

TELEPHONE PEDESTAL

TELEPHONE BOX TV BOX

WATER VALVE
ss,--i-----

BUILDING
FF~508.42
_/ ( _/ __
x-
/
---- ---- \_______

EASEMENT NOTES
\.--------
------------------------
\~._;
\
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( '
56 '154- 1 .,,5. ' " 22·06 54- ~.
'59"E q9 .93'
EP501.56

1...---- ss,
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P502.48
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NUMBERED AND DESCRIBED PER WFG NATIONAL TITLE COMPANY OF CALIFORNIA, ORDER NO.: 0-105200, DATED JANUARY 23, 2020.

2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS.

3. COVENANTS, CONDITIONS, RES'TRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED ON MARCH 23, 1972, IN BOOK 347, PAGE 127 OF DEEDS.

4. COVENANTS, CONDITIONS, RES'TRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED ON FEBRUARY 4, 1925, IN BOOK 625, PAGE 562 OF DEEDS. AMONG OTHER THINGS, SAID DOCUMENT PROVIDES FOR AN EASEMENT OVER THE PORTION OF SAID LAND AND FOR PUBLIC UTILITIES. (LOCATION OF SAID EASEMENT IS

ILLEGIBLE IN PROVIDED DOCUMENT)

5. AN EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND RIGHTS INCIDENTAL THERETO, AS SET FORTH IN A DOCUMENT RECORDED ON MARCH 16, 1925, IN BOOK 630, PAGE OF DEEDS.
484,

6. THE EFFECT OF A RECORD OF SURVEY ON FILE IN BOOK 52, PAGE 39 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SAID MATTER

7. AN EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND RIGHTS INCIDENTAL THERETO, AS SET FORTH IN A DOCUMENT RECORDED ON FEBRUARY 2, 1989, AS INSTRUMENT NO. 34543, OF OFFICIAL RECORDS.

8. THE EFFECT OF LOT LINE ADJUSTMENT NO. L-89-11 APPROVED BY THE CITY OF PALM SPRINGS PLANNING DEPARTMENT. NOTICE OF SAID LOT LINE ADJUSTMENT RECORDED FEBRUARY 21, 1990 AS INSTRUMENT NO. 64041 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

9. THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED OWNER'S CERTIFICATE FOR LOT LINE ADJUSTMENT /WAIVER OF PARCEL MAP CERT. OF COMPLIANCE IN ACCORDANCE WITH CITY OF PALM SPRINGS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA NO. LLA 98-16, RECORDED ON JULY 9, 1999, AS INSTRUMENT NO. 1999-309434, OFFICIAL RECORDS.

10. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION.

11. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION AND EASEMENTS OR CLAIMS OF EASEMENTS NOT SHOWN BY

THE PUBLIC RECORDS, BOUNDARY LINE DISPUTES, OVERLAPS, ENCROACHMENTS, AND ANY MATTERS NOT OF RECORD, WHICH WOULD BE DISCLOSED BY AN ACCURATE SURVEY, AND INSPECTION OF THE LAND. 12 ANY RIGHTS OF THE PARTIES IN POSSESSION OF SAID LAND, BASED ON AN UNRECORDED LEASE, OR LEASES.
i_J

BUILDING
(NO ACCESS)
c.,
,-_""'------~----------.

C-....._
_--.........___ EP499.21

LEGAL DESCRIPTION

BUILDING
PAD~492±

PLOTTED PER LEGAL DESCRIPTION NOTED ON WFG NATIONAL TITLE COMPANY OF CALIFORNIA, ORDER NO.: 0-105200. DATED JANUARY 23, 2020.

SURVEYOR'S NOTES

MONUMENTATION PENDING REVIEW OF A RECORD OF SURVEY TO BE SUBMITTED TO THE RIVERSIDE SURVEYOR.
e INDICATES FOUND MONUMENT AS NOTED HEREON

O INDICATES MONUMENT SET AS NOTED PER A CORNER RECORD
SUBMITTED AND SUBJECT TO RIVERSIDE COUN1Y.
0 DATE OF PLAT: 6/3/2020
20'
NORTH
40'
SCALE 1 "~ 20'
60' 80'

FOMOTOR

ENGINEERING
Cl1Y OF PALM SPRINGS, STATE OF CALIFORNIA SHEET 1
225 S. CIVIC DRIVE, SUITE 1 -5
PALM SPRINGS, CA. 92262
(760) 323-1842 FAX (760) 323-1742

TOPOGRAPHICAL EXHIBIT OF
APN 513-352-020, 513-352-021, SHEETS
513-352-022, 513-361-024 & 513-361 -003
PROJECT NO.

DATE OF SURVEY: 5/2020 20025
WM
E
WM
E
WALL2
501.54
WALL2
503.34
WALL2.T
505.84
WALL4
483.58
WALL4
483.30
WALL4
484.09
WALL4
485.70
WALL4
486.88
WALL4
489.33
WALL4
492.10
WALL3
465.78 WALL3
465.48
WALL3
466.13
WALL3.T
466.14
WALL4
471.42
WALL4
473.34
WALL4
475.41
WALL4
477.48
WALL5
478.53
WALL5 WALL4.T
479.14
WALL5.T
479.56
465.98
496.66
496.30
504.53
504.66
502.45 502.39 502.29
4 465.36
POST
496.20
(TP495.07)
(TP496.11)
(TP496.85)
(TP498.06)
(TP499.17)
(TP505.64)
7 3

6.00'
500
496.66
TARGET
470
470
475
475
480
485
480
485
490
490
495
495
500
500
505
475
10' SIDE SETBACK
10' SIDE SETBACK
25' FRONT SETBACK
15' REAR SETBACK
P/L
P/L
P/L
P/L
POOL
COPING 495'
BOTTOM 489' FFL
1 STORY

SINGLY FAMILY RESIDENCE

SLOPE DRIVEWAY
(REFER TO CIVIL PLANS FOR

GRADING/SLOPE)
P/L
10'-0"
10'-0"
15'-0"
FLOATING ABV. GRADE

STRUCTURAL DECK
493.5' FFL
T.O.R. @ 505.00'
25' HEIGHT MAX
ENTRY
F.F. 496.5'

CRESTVIEW DR
POOL + MECH

EQPMT ENCLOSURE

FIRE PIT

COVERED DECK

TRELLIS
BOVE

LINE OF DECK ABOVE GRADE
7' TALL WALL /

POOL ENCLOSURE

7.94' S.Y. SETBACK

7.94' SIDE SETBACK
25' FRONT SETBACK
15' REAR SETBACK
(N) ATTACHED
2-CAR GARAGE
499.5' FFL
T.O.R. 511.5'

SLAB ON GRADE

PORTION

FLOATING ABOVE
GRADE

LINE OF DECK ABOVE GRADE

EXTERIOR SLAB ON
GRADE
501.5' FFL

POOL & SPA
DN

TWO STORY PORTION OF SFR
LOWER LEVEL 487.50' FFL
T.O.R. @ 508.50'
28' HEIGHT MAX

ONE STORY PORTION
OF SFR
MAIN LEVEL 498' FFL
T.O.R. 511.5'

SETBACK
10'-0" GARAGE

ENCROACHENT
15'-0"

DRIVEWAY
(REFER TO CIVIL PLANS FOR

GRADING/SLOPE)
P/L
P/L
P/L
P/L

POOL/MECH
EQPMT
(BELOW UPPER
DECK)
500
495

5.41' 2.53'
7'-11 1/4"
79'-4" LOT WIDTH
139' - 9 1/4"

LOT DEPTH
STAIR PROJ.

INTO S.Y.
(31" MAX )
DECK PROJ.

INTO S.Y.
(31" MAX)

6.66' 1.28'

DECK ABOVE

EXTERIOR

SLAB ON
GRADE
500' FFL

INTERIOR SLAB

ON GRADE
499.5' FFL

REAR BLDG SETBACK
41'-11 1/4"
7' TALL WALL (PL-01) 2'-6"x5'-0" TALL POOL
ENCLOSURE + GATE
(MTL-02)
5' TALL POOL

ENCLOSURE
(MTL-02)
24"
36"

EXTENT OF UPPER FLOOR

ENTRY GATE

DECK ENCROACHMENT
40"

SETBACK
10'-0" GARAGE
GATE
SCREEN + GATE (7'-6" X 7'-0")

FOR MECH
ACCESS
(MATERIAL: BLACK POWDER
COATED ALUM (MTL-1)
1/4"X3" FLAT STEEL BAR,
(VERTICAL SLATS)
GARAGE
F.F. 495'
T.O.R. @ 507'
FLOATING ABV. GRADE

STRUCTURAL DECK
495' FFL
T.O.R. @ 508.50'
13' HEIGHT MAX

HVAC EQUIPMENT IN

OPEN CRAWLSPACE
CONCRETE WALL (CO-1) POOL ENCLOSURE,
MIN. 48" ABOVE ADJ. GRADE

REAR BUILDING SETBACK
41' - 1"

7.94'
10'-0"
12'-1 1/4"

1. ALL DIMENSIONS ARE TO FACE OF STRUCTURE (F.O.S.), UNLESS OTHERWISE NOTED.

2. DO NOT SCALE FROM DRAWINGS.

3. ANY INCONSISTENCIES OR UNFORESEEN CONDITIONS TO BE REVIEWED BY THE GENERAL CONTRACTOR PRIOR TO PROCEEDING WITH CONSTRUCTION.

4. CONTRACTOR SHALL PROVIDE, ERECT AND MAINTAIN ALL TEMPORARY BARRIERS AND

GUARDS, AND ALL TEMPORARY SHORING AND BRACING AS REQUIRED BY ALL CITY AND STATE REGULATIONS.

5. CONTRACTOR SHALL PROVIDE ADEQUATE WEATHER PROTECTION FOR THE BUILDING AND ITS CONTENTS DURING THE COURSE OF WORK.

6. CONTRACTOR TO PROVIDE TEMPORARY POWER POLE AND METER FOR THE DURATION OF THE WORK. CONTRACTOR TO MAINTAIN TEMPORARY LIGHT AS REQUIRED FOR THE DURATION OF THE WORK. CONTRACTOR SHALL PROVIDE TEMPORARY SANITARY FACILITIES AS TO LEAST IMPACT NEIGHBORS AND AS DIRECTED BY CITY REGULATIONS.

7. SIDEWALK AND CURB CUT TO BE REPLACED AS REQUIRED.

8. SIDEWALK AREA SHALL BE A LIGHT BROOM FINISH AND A MEDIUM BROOM FINISH OR FLOAT FINISH ON APPROACH AREA.

9. ALL ABANDONED DRIVEWAY APPROACHES SHALL BE REMOVED AND REPLACED WITH STANDARD CURB, GUTTER, AND SIDEWALK IN ACCORDANCE WITH CITY STANDARDS.

10. BUILDING ADDRESS SHALL BE PROVIDED ON THE BUILDING IN SUCH A POSITION AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET. ADDRESS NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND, BE MIN. 4" HIGH AND HAVE A MIN. STROKE WIDTH OF 1/2".

11. ALL LANDSCAPE IRRIGATION BACKFLOW DEVICES MUST MEET CURRENT CITY REQUIREMENTS FOR PROPER INSTALLATION.

12. A PROPERTY LINE CLEANOUT MUST BE INSTALLED ON THE SANITARY SEWER LATERAL.

THE SEWER LATERAL MUST STAY WITH IN THE JOB SITES PROPERTY LINES.

13. WATER METERS SHALL BE PLACED NEAR THE PROPERTY LINE AND OUT OF THE

DRIVEWAY
APPROACH WHENEVER POSSIBLE. WATER METER PLACEMENT MUST BE SHOWN ON THE PLANS.

14. SIDEWALK, DRIVEWAY, CURB, AND GUTTER REPAIRS OR REPLACEMENT MUST BE COMPLETED PER PUBLIC WORKS SPECIFICATIONS.

15. EROSION AND SEDIMENT CONTROL DEVICES BMPS (BEST MANAGEMENT

PRACTICES) MUST BE IMPLEMENTED AROUND THE CONSTRUCTION SITE TO PREVENT DISCHARGE TO THE STREET AND ADJACENT PROPERTIES.

CONTROL MEASURES MUST ALSO BE TAKEN TO PREVENT STREET SURFACE WATER ENTERING THE SITE.

16. ALL STORM WATER, NUISANCE WATER, ETC. DRAIN LINES INSTALLED

WITHIN THE STREET
RIGHT OF WAY MUST BE CONSTRUCTED OF DUCTILE IRON PIPE.

17. CONTROL VALVES FOR SHOWER AND TUB-SHOWER SHALL BE OF THE

PRESSURE BALANCE OR THERMOSTATIC MIXING VALVE TYPE - CPC SECTION 418.0.

18. CALIFORNIA ENERGY COMMISSION MAX. FLOW RATE STANDARDS SET:

WATER CLOSETS - 1.6GPM, SHOWERHEADS - 2.5GPF, LAUNDRY FAUCETS -

2.2GPM, SINK FAUCETS - 2.2GPM.

19. PARAPETS, SATELLITE ANTENNAE, RAILS, SKYLIGHTS, ROOF EQUIPMENT

MUST BE WITHIN THE
HEIGHT LIMIT.

20. SEPARATE PERMITS AND PLANS ARE REQUIRED FOR SPAS, POOLS, SOLAR SYSTEMS, DEMOLITION AND SEWER CAP OF EXISTING BUILDINGS. IF SUCH

IMPROVEMENTS OR DEMOLITION IS REQUIRED AS A CONDITION OF APPROVAL

FOR DISCRETIONARY ACTIONS OR TO COMMENCE BUILDING, THEN SUCH

PERMITS MUST BE OBTAINED BEFORE OR AT THE TIME THIS PROPOSED BUILDING PERMIT IS ISSUED.

21. FENCE / WALL / HANDRAIL AND HEDGE HEIGHTS, AS MEASURED FROM THE

LOWEST FINISHED

GRADE ADJACENT TO EACH SECTION OF THESE STRUCTURES, MAY BE A MAXIMUM OF 6'-0".

22. INSTALL ON THE COLD WATER SUPPLY PIPE AT THE TOP OF THE WATER HEATER A CAPPED "T"
FITTING TO PLUMB FOR FUTURE SOLAR WATER HEATING.

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
N
N
+

ENTITLEMENTS
A1.00
310 W CRESTVIEW DR

PALM SPRINGS, CA

SITE PLAN
SCALE:

SITE PLAN 1" = 10'-0" 2

SITE PLAN NOTES

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 75
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C-36205 * - 1· "" '"'"' ,!'
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'1 l'c' 'O';F:-C;c/..' ''-1" 0
10063
506.20
INV-7.09
1097
508.42
FF

ELGRATE
10060
496.23
WBO
503.00
465.98
496.66
496.30
502.86 502.77
504.53
504.66
502.92
502.45 502.39 502.29
4 506.19
POST
496.20
(TP496.11)
(TP496.85)
(TP500.66)
(TP501.53)
(TP502.71)
(TP502.81)
(TP504.21)
(TP505.64)
7 6.00'
496.66
TARGET
504
504.89
TARGET
WM
G
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WM
E
WM
WM
E
470
470
475
475
480
485
480
485
490
490
495
495
500
500
505
475
GARAGE
501' - 6"
15'-0"
POOL + SPA

TRELLIS ABV
FIRE
PIT
DG-01
RAISED

PLANTER
BBQ
L
L
L L
L
L

CRESTVIEW DR
L L
30" x 60" CONC. PAVER PATH
2 2 2
2 2
1 1 1
1 1
1 1
3 4
4 ACACIA REDOLENS ’DESERT CARPET’
(QTY:11)
36" BOX MULTI-TRUNK DESERT MUSEUM PALO VERDE
TREE
(QTY: 7)
SANDY DECOMPOSED GRANITE, COLOR: TAN

POURED IN PLACE CONCRETE HARDSCAPING -
'SAND FINISH' NATURAL COLOR
L HINKLEY ATLANTIS PATH DOWNLIGHT (QTY: 9)
36" CHAMAEROPS HUMILIS - MEDITERRANEAN

FAN PALM
(QTY: 1)
AGAVE AMERICANA (QTY: 2)
CLUSTER OF FENCE POST CACTUS (QTY:3)
36" ACACIA CRASPEDOCARPA - LEATHER LEAF ACACIA
(QTY: 5)
1 3
2 EDGING OF 5 GALLON MUHLENBERGIA RIGENS "DEER GRASS"
CLUSTER OF 5 GALLON SUCCULENT VARIETALS
36" BRAHEA ARMATA - MEXICAN BLUE PALM
4 (QTY: 2)
DODONAEA VISCOSA SHRUB (QTY: 5)
PAVED AREA = 553 SF
(~25% OF TOTAL FRONT

SETBACK AREA)
2241 SF

TOTAL AREA

FRONT SETBACK
10' SIDE SETBACK
25' FRONT SETBACK

GARAGE ENCROACHMENT REQUEST
(UNDER SEPARATE REVIEW)

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
A1.30
310 W CRESTVIEW DR

PALM SPRINGS, CA

LANDSCAPE &

HARDSCAPE
PLAN
SCALE:

LANDSCAPE LEGEND LANDSCAPE & HARDSCAPE PLAN 1/8" = 1'-0" 1 SCALE:

FRONT SETBACK % HARDSCAPE DIAGRAM 1/8" = 1'-0" 2

OUTDOOR LIGHTING SPEC

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 76
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C-36205
PEN. 6/30/2 1 *
S
3 A4.02
3 A4.02
2 A4.00 2
A4.01
1 3 A4.01
POOL + SPA
DECK
(COVERED)

ENTRY GATE
PANTRY
106
BATH 3
105
BATH 2
109
BED 3
104
LIVING
ROOM
111
DINING
110

KITCHEN
102
MUD
ROOM /

LAUNDRY
103
ENTRY
101
BED 2
107
BATH 1
114
PATIO
(TRELLIS
ABV.)

FIREPIT
1 A4.00
2 A4.02
2 A4.02
2 A3.00
1 A3.01
2 A3.01
1 A3.00
1 2 4 5 6
E E
A A
B B
C C
D D
F F
G G
2-CAR
GARAGE
100
ENTRY
DOOR
12'-8 3/4" 8'-4" 20'-0" 7'-6 3/4" 18'-8 5/8" 5'-0"
19'-0" 24'-4 3/4" 10'-0" 6'-1 1/8" 18'-0" 1'-0"
PATIO
(COVERED
ABV.)
BED 1
112
CLOSET 1
113
CLOSET 2
108
MECH
115

OUTDOOR
SHOWER
PANTRY
116
111.1
102.1
111.2 110.1
UP
109.2
108.1
109.1
21'-5 3/8"
21'-0"
9'-0" MIN CLEAR

STALL WIDTH
9'-0" MIN CLEAR

STALL WIDTH

STALL DEPTH
18'-0" MIN CLEAR
UP
7 1
A4.02
1 A4.02
112.5
112.28
112.17

EGRESSEGRESS
EGRESS

BUILT-IN CSWK

PLANTER
UP
SCREEN + GATE (7'-6" X 7'-0") FOR MECH ACCESS
(MATERIAL: BLACK POWDER COATED ALUM (MTL-1) 1/4"X3" FLAT

STEEL BAR, (VERTICAL SLATS)
POOL
EQPMT

ENCLOSURE
9'-7"
16'-8 5/8"
CONCRETE WALL (CO-1)
POOL ENCLOSURE, MIN.
48" ABOVE ADJ. GRADE
112.38
3'-0" 3'-0"
72'-4 1/8"
78'-6"

15. AN APPROVED SEISMIC SHUTOFF VALVE WILL BE INSTALLED ON THE FUEL GAS LINE ON THE DOWN

STREAM SIDE OF THE UTILITY METER AND BE RIGIDLY CONNECTED TO THE EXTERIOR OF THE BUILDING OR STRUCTURE CONTAINING THE FUEL GAS PIPING.

16. FOR TYPICAL MOUNTING HEIGHTS OF DOOR HARDWARE, ELECTRICAL DEVICES AND MECHANICAL CONTROLS SEE DIAGRAM 3/ E1.0. REFER TO DIAGRAM WHEN DIMENSIONS OF STATED ITEMS ARE NOT SHOWN IN ELEVATION.

17. PROVIDE R-12 EXTERIOR BLANKET FOR HOT WATER HEATER. R-3 INSULATION SHALL BE PROVIDED FOR THE FIRST FIVE FEET OF THE WATER HEATER OUTLET PIPE. ALL WATER HEATING AND SPACE CONDITIONING EQUIPMENT, SHOWER HEADS, AND FAUCETS SHALL BE AC CERTIFIED. ALL STEAM AND

STEAM CONDENSATE RETURN PIPING AND ALL CONTINUOUSLY RE-CIRCULATING DOMESTIC HEATING OR HOT WATER PIPING SHALL BE INSULATED PER PLUMBING DIVISION.

18. PROVIDE 70 INCH HIGH NON-ABSORBENT WALL ADJACENT TO SHOWER AND APPROVED SHATTERRESISTANT MATERIALS FOR SHOWER ENCLOSURE.

19. CONSTRUCTION SHALL NOT RESTRICT A FIVE-FOOT CLEAR AND UNOBSTRUCTED ACCESS TO ANY

WATER OR POWER DISTRIBUTION FACILITIES (POWER POLES, PULL-BOXES, TRANSFORMERS, VAULTS, PUMPS, VALVES, METERS, APPURTENANCES, ETC.) OR TO THE LOCATION OF THE HOOK-UP.

CONSTRUCTION SHALL NOT BE WITHIN TEN FEET OF ANY POWER LINES-WEATHER OR NOT THE LINES ARE LOCATED ON THE PROPERTY.

20. HANDRAILS AT STAIRS SHALL BE REQUIRED WHERE THERE ARE 4 OR MORE RISERS (R311.5.6), AND NOT TO BE LESS THAN 34" NOR MORE THAN 38" ABOVE LANDINGS AND NOSINGS OF TREADS.

21. GRIPS ON RAILS SHALL HAVE A 1 ¼” MINIMUM AND 2” MAXIMUM DIAMETER OR OFFER EQUIVALENT GRIPPING SURFACE (SEC 1003.3.3.6, CB).

22. GUARDRAILS AND HANDRAILS SHALL BE STRONG ENOUGH TO RESIST A 200 POUND POINT LOAD IN ANY DIRECTION. FOR GLASS HANDRAILS AND GUARDS, THE PANELS AND THEIR SUPPORT SYSTEM SHALL BE DESIGNED TO WITHSTAND THE LOADS SPECIFIED IN CHAPTER 16 OF 2011 ABC WITH A SAFETY FACTOR OF FOUR. MIN NOMINAL THICKNESS 1/4".

23. PLUMBING FIXTURES ARE REQUIRED TO BE CONNECTED TO AN APPROVED SEWAGE DISPOSAL SYSTEM (R306.3)

24. KITCHEN SINKS, LAVATORIES, BATHTUBS, SHOWERS, BIDETS, LAUNDRY TUBS AND WASHING

MACHINE OUTLETS SHALL BE PROVIDED WITH HOT AND COLD WATER AND CONNECTED TO AN APPROVED WATER SUPPLY.

25. BATHTUB AND SHOWER FLOORS, WALLS ABOVE BATHTUBS WITH A SHOWERHEAD, AND SHOWER COMPARTMENTS SHALL BE FINISHED WITH A NONABSORBENT SURFACE. SUCH WALL SURFACES SHALL EXTEND TO A HEIGHT NOT LESS THAN 6 FEET ABOVE THE FLOOR. (R307.2)

26. A COPY OF THE CONSTRUCTION DOCUMENTS OR A COMPARABLE DOCUMENT INDICATING THE INFORMATION FROM ENERGY CODE SECTIONS 1110.10(B) THROUGH 110.10(AC) SHALL BE PROVIDED TO THE OCCUPANT.

27. THE MAIN ELECTRICAL SERVICE PANEL SHALL HAVE A RESERVED SPACE TO ALLOW FOR INSTALLATION OF A DOUBLE POLE CIRCUIT BREAKER FOR A FUTURE SOLAR ELECTRIC INSTALLATION.

THE RESERVED SPACE SHALL BE POSITIONED AT THE OPPOSITE (LOAD) END FROM THE INPUT FEEDER LOCATION OR MAIN CIRCUIT LOCATION AND SHALL BE PERMANENTLY MARKED AS "FOR FUTURE SOLAR ELECTRIC."

28. STAIRWAYS SHALL HAVE HANDRAILS OR STAIR RAILINGS ON EACH SIDE. ANY OPEN SIDES ON STAIRS SHALL HAVE HANDRAIL GUARDRAIL COMBINATION. THE TOP OF HANDRAILS SHALL BE 34 TO 38 INCHES ABOVE THE NOSING OF THE TREADS. (1123A.6.2.3,1115A.6.2.3)

29. EXHAUST FANS SHALL BE ENERGY STAR COMPLIANT AND BE DUCTED TO TERMINATE OUTSIDE OF THE BUILDING. FANS NOT FUNCTIONING AS A COMPONENT OF A WHOLE HOUSE VENTILATION SYSTEM MUST BE CONTROLLED BY A HUMIDITY CONTROL.

30. MATERIALS DELIVERED TO THE CONSTRUCTION SITE SHALL BE PROTECTED FROM RAIN OR OTHER

SOURCES OF MOISTURE

31. DUCTS PENETRATING THE WALLS OR CEILINGS SEPARATING DWELLING FROM THE GARAGE SHALL BE CONSTRUCTED OF A MINIMUM NO. 26 GAUGE SHEET STEEL OR OTHER APPROVED MATERIAL SHALL NOT HAVE OPENINGS INTO THE GARAGE. (R302.5.2).

32. OTHER PENETRATIONS OF GARAGE/DWELLING CEILINGS AND WALLS SHALL BE PROTECTED AS REQUIRED BY SECTION R302.11, ITEM 4 (R302.5.3).

33. ALL INTERIOR AND EXTERIOR STAIRWAYS SHALL BE ILLUMINATED. (R303.7 & R303.8)

34. FOR GLASS HANDRAILS AND GUARDS, THE PANELS AND THEIR SUPPORT SYSTEM SHALL BE DESIGNED TO WITHSTAND THE LOADS SPECIFIED IN CHAPTER 16 OF 2014 ABC. A SAFETY FACTOR OF FOUR SHALL BE USED. THE MINIMUM NOMINAL THICKNESS OF THE GLASS SHALL BE 1/4 INCH. (2407)

35. DOORS BETWEEN GARAGE AND THE DWELLING UNIT SHALL HAVE A MINIMUM FIRE PROTECTION RATING OF 20 MINUTES AND SELF-CLOSING AND SELF-LATCHING DEVICES, OR SOLID WOOD OR SOLID OR HONEYCOMB CORE STEEL NOT LESS THAN 1 3/8 INCHES THICK. (R302.5.1)

1. ALL DIMENSIONS ARE TO FACE OF STRUCTURE (S) UNLESS OTHERWISE NOTED.

2. COLUMN GRID ALIGNS WITH FACE OF CONCRETE FOUNDATION. WOOD FRAMING INSET

FROM FACE OF CONCRETE TO PROVIDE FLUSH ALIGNMENT OF EXTERIOR PLYWOOD SHEATHING AND CONCRETE FOUNDATION. REFER TO ASSOCIATED DETAILS.

3. DO NOT SCALE FROM DRAWINGS.

4. ANY INCONSISTENCIES OR UNFORESEEN CONDITIONS TO BE REVIEWED BY THE ARCHITECT PRIOR TO PROCEEDING WITH CONSTRUCTION.

5. ALL DOORS AND WINDOWS DIMENSIONED TO CENTERLINE OF CLEAR OPENING UNLESS OTHERWISE NOTED.

6. ALL NON-DIMENSIONED WINDOWS TO BE FLUSH TO ADJOINING WALL UNLESS OTHERWISE NOTED.

7. ALL CASEWORK DIMENSIONS TO FACE OF FINISH.

8. SOUND INSULATION PROVIDED AT ALL INTERIOR WALLS.

9. WATER HEATERS MUST BE STRAPPED TO WALL. (SEC 507.3, PC)

10. ALL INSULATION MATERIALS SHALL BE CERTIFIED BY THE MANUFACTURER AS COMPLYING WITH THE CALIFORNIA QUALITY STANDARDS FOR INSULATION MATERIAL.

11. CONTRACTOR SHALL PROVIDE ADEQUATE WEATHER PROTECTION FOR THE BUILDING AND ITS CONTENTS DURING THE COURSE OF WORK.

12. CONTRACTOR TO PROVIDE TEMPORARY POWER POLE AND METER FOR THE DURATION OF THE WORK. CONTRACTOR TO MAINTAIN TEMPORARY LIGHTING AS REQUIRED FOR THE DURATION OF THE WORK. CONTRACTOR SHALL PROVIDE TEMPORARY SANITARY FACILITIES SO AS TO LEAST IMPACT NEIGHBORS AND AS DIRECTED BY CITY REGULATIONS.

13. ALL NON-DIMENSIONED DOORS SHALL BE OFFSET FROM THE HINGE-SIDE WALL TO ALLOW FOR (2) 2X4 STUDS AT THE JAMB (AP).

14. EXTERIOR DOORS MUST OPEN OVER A LANDING NOT MORE THAN 1/2" BELOW THE THRESHOLD. EXCEPTION: PROVIDING THE DOOR DOES NOT SWING OVER THE LANDING THE LANDING SHALL NOT BE MORE THAN 8" BELOW THE THRESHOLD. (91.1003.3.1.6) 2x4 FRAMED WALL
2x6 FRAMED WALL
2x8 FRAMED WALL
EXHAUST FAN - 50 CFM

TO VENT DIRECTLY TO OUTSIDE EXHAUST

SHALL BE CONTROLLED BY HUMIDISTAT
- ENERGY STAR RATED
SMOKE & CARBON MONOXIDE DETECTOR.

ALARMS SHALL BE INTERCONNECTED & SHALL

RECEIVE THEIR PRIMARY POWER SOURCE

FROM THE BUILDING WIRING AND SHALL BE

EQUIPPED WITH BATTERY BACK-UP AND LOW

BATTERY SIGNAL
LEGEND
2' - 0"
1' - 3" 1' - 3"

TYPICAL
W.C. MIN CLR

E EGRESS

CONCRETE WALL
CMU WALL PER STRUCT.

BRICK WALL

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
A2.00
310 W CRESTVIEW DR

PALM SPRINGS, CA
01 FLOOR PLAN
SCALE: 01 FIRST FLOOR PLAN 1/4" = 1'-0" 1

FLOOR PLAN NOTES

WALL LEGEND

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 77
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2 A4.00
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2 A3.01
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SOLAR
99'-10 3/8"
27'-6 1/4" 12'-8 3/4" 8'-4" 20'-0" 7'-6 3/4" 18'-8 5/8" 5'-0" 19'-0" 24'-4 3/4" 10'-0" 6'-1 1/8" 18'-0" 1'-0"
1/4" / 1'-0" MIN
1/4" / 1'-0" MIN
1/4" / 1'-0" MIN
TYP. FLAT ROOF ASSEMBLY #1
TOR 507'

ROOF AREA TO DRAIN
2276 SF

ROOF AREA TO DRAIN
665 SF

ROOF AREA TO DRAIN
670 SF
ROOF AREA TO DRAIN 503 SF
-
---
1/4" / 1'-0" MIN
TYP. FLAT ROOF ASSEMBLY #1
T.O.R. 510'
TYP. FLAT ROOF
ASSEMBLY #1
TOR 507'
7 1/4" / 1'-0" MIN 1/4" / 1'-0" MIN
1/4" / 1'-0" MIN
1/4" / 1'-0" MIN

ROOF AREA TO DRAIN
452 SF
1/4" / 1'-0" MIN1/4" / 1'-0" MIN1/4" / 1'-0" MIN
1/4" / 1'-0" MIN
TYP. FLAT ROOF ASSEMBLY #1 TOR 507.5'
DS

CLASS A RATED TRELLIS

OPEN TO RAISED PLANTER
BELOW
1/4" / 1'-0" MIN
1/4" / 1'-0" MIN

CLASS A RATED TRELLIS
78'-6"
ROOF ASSEMBLY 01 - TYP. 'CLASS A' FLAT ROOF ASSEMBLY - COOL ROOF -80 MIL 'SIKA SARNAFIL' ADHERED PVC SINGLE PLY ROOFING MEMBRANE, REFLECTIVE GREY, CLASS 'A' RATED. LARR # 24852
-MANUF. APPROVED 1/2" FIBERGLASS FACED GYPSUM COVER BOARD -SLOPED PLYWOOD SUBSTRATE ON SLEEPERS TO INTERNAL DRAINS 1/4" PER FT MIN, TYP.

NOTE: FOR ROOF SLOPES < 2:12: 3-YEAR AGED SRI VALUE OF AT LEAST 75 OR BOTH A 3-YEAR AGED SOLAR REFLECTANCE OF AT LEAST 0.63 AND A THERMAL EMITTANCE OF AT LEAST 0.75 (SEE SPEC SHEET ON T0.15)

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
A2.10
310 W CRESTVIEW DR

PALM SPRINGS, CA
02 ROOF PLAN
SCALE: ROOF PLAN 1/4" = 1'-0"
1 ROOFING ASSEMBLY LEGEND

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 78
, __ -
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C-36205
PEN. 6/30/2 1 *
01 F.F.
495.00'
01 CLG HI
507.00'
2 A4.00
2 A4.01
1 3 A4.01
1 1 A4.002456
01 TOR HI
508.50'
WD-01
1'-6" 2'-0"
15'-0"
111.1
-
---
00 F.F.
493.50'
01 CLG LO
503.50'
01 TOR LO
505.00'
1'-6" 8'-6" 1'-6"
7 GL-1 CO-01
WD-01
CO-01
WD-01
PL-01
MTL-01
MTL-01
MTL-01 MTL-01
GL-1 GL-1 MTL-01
MTL-01
GL-1
WD-01
MTL-01
01 F.F.
495.00'
01 CLG HI
507.00'
2 A4.00
2 A4.01
1 A4.01
3 1
6542 A4.001
01 TOR HI
508.50'
110.1 MTL-01 111.2
MTL-01
15'-0"
-
---
00 F.F.
493.50'
01 CLG LO
503.50'
01 TOR LO
505.00'
1'-6" 8'-6" 1'-6" 2'-0" 1'-6"
GL-1 MTL-01
7 PL-01
MTL-01
PL-01
WD-01
WD-01
3'-3"
1'-9"
GL-1 GL-1

MATERIAL LEGEND
CO-1: PANEL FORM CONCRETE
- FEATURE ENTRY AND LANDSCAPE WALLS
CO-2: EXPOSED CONCRETE FINISH
- STRUCTURAL FOUNDATION
MTL-01: BLACK POWDERCOATED METAL
- MECH ENCLOSURE SCREEN VERT. SLATS
- MECH ENCLOSURE GATE
- FASCIA CLADDING (EXPOSED

STRUCTURAL BEAMS, IF STEEL)
- WINDOW FRAMES
- ENTRY GATE FRAME
PL-01: SMOOTH TROWELED PLASTER
MERLEX P-6 EL DORADO
- VARIOUS WALLS
WD-01: ACCOYA WOOD VERT 1X6 CLADDING
- VARIOUS WALLS
- SOFFIT
- GARAGE DOOR
-ENTRY GATE VERT SLATS

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
A3.00
310 W CRESTVIEW DR

PALM SPRINGS, CA

ELEVATIONS
SCALE:

SOUTH ELEVATION - ENTRY 1/4" = 1'-0"
2 SCALE:

NORTH ELEVATION 1/4" = 1'-0"
1 ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 79
01 F.F.
495.00'
01 CLG HI
507.00'
3 A4.02
2 A4.02

A B C D E F G H
01 TOR HI
508.50'
102.1
GL-1
MTL-01
1'-6"
15'-0"
GL-1
00 F.F.
493.50'
01 CLG LO
503.50'
01 TOR LO
505.00'
GL-1 GL-1
?
2'-0" 1'-6" 8'-6" 1'-6"
MTL-01
MTL-01 MTL-01
PL-01
WD-01
WD-01
GL-1
17'-9 5/8"
01 F.F.
495.00'
01 CLG HI
507.00'
3 A4.02
2 A4.02

H G F E D C B A
01 TOR HI
508.50'
1'-6"
15'-0"
00 F.F.
493.50'
01 CLG LO
503.50'
01 TOR LO
505.00'
2'-0" 1'-6" 8'-6" 1'-6"
1 A4.02
GL-1 MTL-01
PL-01
MTL-01
PL-01
WD-01
WD-01
CO-02 WD-01
WD-01
WD-01
CO-01
23'-6 3/4"
3'-3"
1'-6"
?
GL-1 GL-1 GL-1
MTL-01

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
A3.01
310 W CRESTVIEW DR

PALM SPRINGS, CA

ELEVATIONS
SCALE:

WEST ELEVATION 1/4" = 1'-0" 2
SCALE:

EAST ELEVATION 1/4" = 1'-0" 1

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 80
POOL
102.1
P

L PL PL
21'-6"
18'-4 1/8"
3'-6" 10'-0"
102.1
POOL
19'-2"
P

L PL PL
9'-3 1/4"
1'-6" 11'-5"

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
A4.00
310 W CRESTVIEW DR

PALM SPRINGS, CA

SECTIONS -

BUILDING
SCALE:

LONGITUDINAL SECTION 2 1/8" = 1'-0" 2
SCALE:

LONGITUDINAL SECTION 1 1/8" = 1'-0" 1

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 81
_,,,,,,---/<-· -r _.-••••
,,
'
11 C-36205 * * PEN. 6/30/ 21
T I v' ":;,c ,;, o~ l'c OF C i'-'-1"
PL
PLPL
24'-6"
20'-10 5/8"
3'-5 5/8" 14'-8 1/2"
PLPLPL
21' - 11"

VARIES FROM
~5.5' T0 ~12.5'
17'-2 7/8" 3'-6"

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
A4.01
310 W CRESTVIEW DR

PALM SPRINGS, CA

SECTIONS -

BUILDING
SCALE:

LONGITUDINAL SECTION 3 1/8" = 1'-0"
1 SCALE:

LONGITUDINAL SECTION 4 1/8" = 1'-0"
2 ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
Item 2A - 82
"" I,,, •, ·"' 1,,, '"
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'
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'-..; 1::~ IC HAWKINS
* C-36205 *
j ~ PEN. 6/30/21 2-T
--, ;-, :----. o""
c OF C 1'-'-1"
POOL
P
L PL P 310 CRESTVIEW L 322 CRESTVIEW
POOL
P 310 CRESTVIEW 322 CRESTVIEW L P
L PL
P 310 CRESTVIEW 322 CRESTVIEW L P
L PL

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
A4.02
310 W CRESTVIEW DR

PALM SPRINGS, CA

SECTIONS -

BUILDING
SCALE:

LATITUDINAL SECTION 3 1/8" = 1'-0" 3

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
SCALE:

LATITUDINAL SECTION 2 1/8" = 1'-0" 2
SCALE:

LATITUDINAL SECTION 1 1/8" = 1'-0" 1
Item 2A - 83
H.P. 1

BELOW FLOOR
AHU
AHU

CLG MTD
SUPPLY

WALL MTD
SUPPLY

CLG MTD
R.A.G.

CLG MTD
SUPPLY
H.P. 2

CLG MTD
R.A.G.

WALL MTD
SUPPLY

WALL MTD
SUPPLY
POOL
EQPMT

ENCLOSURE

LINEAR TRENCH DRAIN BELOW WATERFALL EDGE
SCREEN + GATE (7'-6" X 7'-0") FOR MECH ACCESS
(MATERIAL: BLACK POWDER COATED ALUM (MTL-1) 1/4"X3" FLAT

STEEL BAR, (VERTICAL SLATS)
2-6 x 4-0 MIN WOOD (WD-1) GATE
CONCRETE WALL (CO-1)
POOL ENCLOSURE, MIN.
48" ABOVE ADJ. GRADE
CONCRETE WALL (CO-1)
POOL ENCLOSURE, MIN.
48" ABOVE ADJ. GRADE
9'-7"
18'-0 1/2"

PROJECT
5319 W 123rd Pl
Hawthorne, CA 90250
678.478.7529
[email protected]
License No. C-36205

PROJECT TEAM
DRAWING NO.

DRAWING NAME
HA MA
HAWKINS+MARSHALL
+

ENTITLEMENTS
M0.00
310 W CRESTVIEW DR

PALM SPRINGS, CA

MECHANICAL

PLAN - LINE

DIAGRAM

ISSUES AND REVISIONS

ISSUANCE REVISION DESCRIPTION DATE
SCALE:
01 MECHANICAL SCHEMATIC 1/4" = 1'-0"
1 Item 2A - 84
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C-36205
PEN. 6/30/21 *
Item 2A - 85

GRADING NOTES

1. THE WORK SHALL BE DONE IN ACCORDANCE WITH THE STANDARD DRAWINGS

OF THE CITY OF PALM SPRINGS AND THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2012 EDITION.

2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AN EFFECTIVE

MEANS OF DUST CONTROL WHICH SHALL INCLUDE PROVISIONS FOR ADEQUATE

WATERING DURING THE GRADING PROCESS AND PROVISIONS FOR CONTINUANCE

OF DUST CONTROL UNTIL THE GRADED SURFACE PRESENTS SUFFICIENT COVER

AGAISNTWIND OR WATER EROSION, SO THAT SPECIAL DUST CONTROL MEASURES ARE NO LONGER NECESSARY.

3. NOTHING IN THESE PLANS SHALL RELIEVE THE CONTRACTOR FROM OBTAINING PERMITS AS REQUIRED BY CHAPTER 14.16 OF THE CITY OF PALM SPRINGS MUNICIPAL CODE.

4. THE CONTRACTOR SHALL SET AN APPOINTMENT FOR INPECTION WITH THE ENGINEERING INSPECTOR A MINIMUM OF 24 HOURS PRIOR TO THE DATE OF INSPECTION.

5. ALL GRADING SHALL COMPLY WITH THE SECTION 1804 AND APPENDIX J OF THE 2010 CALIFORNIA BUILDING CODE.

6. THE LOCATION OF EXISTING UNDEGORUND UTILITIES ARE TO BE SHOWN IN A SCHEMATIC MANNER ONLY. SUBJECT TO THE PROVISIONS OF SECTION 4215 OF

THE CALIFORNIA GOVERNMENT CODE, THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING THE WORK.

CONTACT UNDERGROUND SERVICE ALERT (U.S.A) AT 1-800-422-4133 lWO WORKING DAYS PRIOR TO ANY EXCAVATION.

7. DIMENSIONING TO CURBS SHALL BE TO FACE OF CURB.

8. CONTRACTOR SHALL DISPOSE OF ALL DEBRIS OFF-SITE DAILY, UNLESS OTHERWISE SPECIFIED BY THE CITY ENGINEER.

9. CONTRACTOR SHALL REMOVE ANY ABANDONED UTILITY FACILITIES AND SHOW LIMITS OF REMOVALS ON THE RECORD DRAWINGS.

10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL, REPLACEMENT OR RELOCATION OF ALL REGULATORY, WARNING AND GUIDE SIGNS.

11. A 'RECORD DRAWING' (FORMERLY CALLED "AS-BUIL r DRAWING) OF THIS PLAN

SHALL BE SUBMITTED BY THE PROJECT ENGINEER OF RECORD TO THE CITY ENGINEER, FOR APPROVAL PRIOR TO ACCEPTANCE OF THE WORK.

12. CONSTRUCTION SIGNING, LIGHTING AND BARRICADING SHALL BE PROVIDED ON

ALL PROJECTS AS REQUIRED BY CITY STANDARDS ORAS DIRECTED BY THE CITY ENGINEER. AS A MINIMUM, ALL CONSTRUCTION SIGNING, LIGHTING AND BARRICADING SHALL BE IN ACCORDANCE WITH PART 6 "TEMPORARY TRAFFIC CONTROL"OF THE

CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, DATED JANUARY 13, 2012, OR SUBSEQUENT EDITIONS IN FORCE AT THE TIME OF CONSTRUCTION.

13. THE FLOW LINE OF ALL CURB AND GUTTERS AND CROSS GUTTERS SHALL BE WATER TESTED BEFORE ACCEPTANCE OF THE WORK.

14. PARKING STALLS SHALL BE CLEARLY DELINEATED WITH A4 TO 6 INCH STRIPE "HAIRPIN" OR ELONGATED "U" DESIGN OR OTHER APPROVED STRIPING OR STALL DELINEATION.

15. FINAL SITE GRADING AND DRAINAGE FLOW LINES SHALL BE CERTIFIED, IN

WRITING, BY THE ENGINEER OF RECORD TO BE IN CONFORMANCE TO THE APPROVED GRADING PLAN PRIOR TO FINAL INSPECTION.

16. FOR PROJECTS IN EXCESS OF 1 ACRE, A NOTICE OF INTENT TO COMPLY WITH

CALIFORNIA GENERAL CONSTRUCTION STORMWATER PERMIT (WATER QUALITY ORDER 2009-0009-DWQ AS MODIFIED SEPTEMBER 2, 2009, AS WELL AS A COPY OF

THE EXECUTED LETTER ISSUING A WASTE DISCHARGE IDENTIFICATION (WDID)

NUMBER, IS REQUIRED PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMIT, VIA THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD (PHONE NO. (760) 346-7491). AN UPDATED COPY OF THE PROJECT-SPECIFIC STORM WATER

POLLUTION PREVENTION PLAN (SWPPP) MUST BE KEPT AT THE PROJECT SITE AT ALL TIMES.

17. A CITY APPROVED FUGITIVE DUST (PM-10) CONTROL PLAN IS REQUIRED PRIOR TO ISSUANCE OF A GRADING PERMIT. ALL DUST CONTROL MEASURES DESCRIBED IN AQMD RULE 403 (BEST AVAILABLE CONTROL MEASURES) AND IN THE CITYAPPROVED FUGITIVE DUST CONTROL PLAN SHALL BE IMPLEMENTED AT ALL TIMES.

A WIND FENCE AND PROPER SIGNAGE, SHALL BE ERECTED, INSPECTED AND

APPROVED BY THE CITY'S DUST CONTROL INSPECTOR PRIOR TO INITIATION OF

CLEARING, GRUBBING, GRADING OR IMPORT/EXPORT OF SOIL, OR FILL MIATERIALAT THE SITE. FAILURE TO CALL 760-323-ll253, EXTENSION 8740 FOR INSPECTION 72 HOURS PRIOR TO INITIATING WORK WILL RESULT IN ISSUANCE OF CITATION BY THE CITY.

18. THE BLOCK WALLS, RETAINING WALLS, AND OTHER STRUCTURES SHOWN ON THE GRADING PLAN ARE FOR LOCATION PURPOSES ONLY. SEPARATE PERMITS FOR THE ABOVE ARE REQUIRED FROM THE BUILDING DEPARTMENT.

19. ALL PROVISIONS OF THE PRELIMINARY SOILS REPORT (LANDMARK CONSULTANTS, INC., SEPTEMBER 15, 2020, LCI REPORT NO. LP20146) PREPARED BY A CALIFORNIA REGISTERED GEOTECHNICAL ENGINEER, SHALL BE COMPLIED WITH.

Underground Service Alert
NO.

DIAL:
811

TWO WORKING DAYS BEFORE YOU DIG
RE'v1SION APPROVED DATE BENCH
MARK

STREET PAVEMENT

1. THE ASPHALT CONCRETE DESIGN SHALL MEET THE CITY OF PALM SPRINGS STD.

DWG. NO 110 AND STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2012 EDITION; USE TYPE B FOR THE BASE LIFT AND TYPE C2 FOR THE FINAL 1" CAP.

THE DESIGN SHALL HAVE A HVEEM STABILITY OF 35 AND 33 RESPECTIVELY PER THE CALIFORNIA TEST METHOD 304AND 366. PERFORMANCE GRADE ASPHALT (PG 7010) MEETING THE 2010 CAL TRANS STANDARD SPECIFICATIONS SHALL BE USED. THE

SPECIFIED MISCELLANEOUS BASE SHALL BE CRUSHED MISCELLANEOUS BASE ACCORDING TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2012 EDITION.

TRENCH PAVEMENT

1. STREET CUTS SHALL BE PAVED WITH TEMPORARY A.C. PAVING IMMEDIATELY. MAJOR AND SECONDARY THOROUGHFARES SHALL BE PERMANENTLY PAVED WITHIN 15 DAYS OF THE INITIAL EXCAVATION (30 DAYS ON COLLECTOR AND RESIDENTIAL STREETS) PER CITY OF PALM SPRINGS STD. DWG. NO. 115. SEE ORDINANCE NO. 14.16.375.

2. TRENCHES SHALL BE COMPLETELY BACKFILLED AND COMPACTED TO SUPPORT TRAFFIC AT THE END OF EACH WORK DAY. THE CONTRACTOR SHALL PLACE PERMANENT PAVEMENT THROUGH INTERSECTIONS AT THE END OF EACH WORK DAY. NO TRENCH EXCAVATION OR PIPE

LAYING ON FRIDAYS, WEEKENDS OR HOLIDAYS WILL BE PERMITTED ON MAJOR AND SECONDARY

THOROUGHFARES OR COLLECTOR STREETS WITHOUT PRIOR APPROVAL OF THE CITY ENGINEER. CONTRACTOR SHALL PLACE PERMANENT PAVING EACH FRIDAY.

3. IF, IN THE OPINION OF THE CITY ENGINEER, THE TRENCH BACKFILL IS UNSAFE TO TRAFFIC, THE CONTRACTOR SHALL PLACE PERMANENT PAVING AT THE END OF EACH WORK DAY.

4. STEEL TRENCH PLATING SHALL CONFORM TO THE CAL TRANS ENCROACHMENT PERMIT MANUAL SECTION 602.1 AS REVISED JULY, 2009.

5. THE SPECIFIED MISCELLANEOUS BASE SHALL BE CRUSHED MISCELLANEOUS BASE ACCORDING TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2012 EDITION.

STORM DRAIN GENERAL NOTES

1. THE WORK SHALL BE DONE IN ACCORDANCE WITH THESE PLANS, THE ASSOCIATED

SPECIFICATIONS, THE CITY OF PALM SPRINGS STANDARD DRAWINGS, AND THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2012 EDITION.

2. NOTHING IN THESE PLANS SHALL RELIEVE THE CONTRACTOR FROM OBTAINING PERMITS AS REQUIRED BY CHAPTER 14.16 OF THE CITY OF PALM SPRINGS MUNICIPAL CODE.

3. CONTRACTOR SHALL NOTIFY THE CITY OF PALM SPRINGS ENGINEERING DIVISION; VERIZON; SOUTHERN CALIFORNIA GAS COMPANY; SOUTHERN CALIFORNIA EDISON COMPANY; TIME-WARNER CABLE TELEVISION; DESERT WATER AGENCY; MISSION SPRINGS WATER DISTRICT; AND UNDERGROUND SERVICE ALERT (U.S.A.) 1-800-227-2600 CONCERNING CONSTRUCTION 2 WORKING DAYS PRIOR TO TRENCHING.

4. THE LOCATION OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN A SCHEMATIC MANNER ONLY. SUBJECT TO THE PROVISIONS OF SECTION 4215 OF THE CALIFORNIA GOVERNMENT CODE,

THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING THE WORK.

5. PRIOR TO BEGINNING CONSTRUCTION, CONTRACTOR SHALL OBTAIN AN ENCROACHMENT PERMIT FROM THE CITY OF PALM SPRINGS, ENGINEERING DIVISION. THE WORK WILL BE ALLOWED ACCORDING TO RESOLUTION 17950 - RESTRICTING STREET WORK ON MAJOR AND SECONDARY THOROUGHFARES. THE CONTRACTOR SHALL BEAR ALL COSTS OF SAID PERMIT.

THE CONTRACTOR SHALL PROVIDE OWNER WITH 5 COPIES OF SAID PERMIT.

6. THE CONTRACTOR SHALL SET AN APPOINTMENT FOR INSPECTION WITH THE CITY ENGINEERING FIELD INSPECTOR A MINIMUM OF 24 HOURS PRIOR TO DATE OF INSPECTION.

7. THE CONTRACTOR SHALL OBTAIN AN EXCAVATION PERMIT FROM THE STATE DIVISION OF

INDUSTRIAL SAFETY PRIOR TO STARTING CONSTRUCTION AND SHALL MAKE A COPY AVAILABLE TO THE CITY ENGINEER.

8. THE CONTRACTOR SHALL NOT DISTURB EXISTING SURVEY MONUMENTS OR BENCH MIARKS NOTED ON THE PLANS. REMOVAL AND REPLACEMENT WILL BE DONE ONLY BY A LICENSED LAND

SURVEYOR OR REGISTERED CIVIL ENGINEER AUTHORIZED TO PRACTICE LAND SURVEYING IN THE STATE OF CALIFORNIA. THE CONTRACTOR SHALL COMPLY WITH SEC. 8771 OF THE BUSINESS AND PROFESSIONS CODE AS AMENDED BY AB 1414 WITH RESPECT TO ALL MONUMENTS.

9. PROVIDE ACCESS TO ALL WAL'r<!NAYS, SIDEWALKS, DRIVEWAYS, AND STREETS AT ALL TIMES.

10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL DAMAGES TO ON-SITE, OFF-SITE, AND ADJACENT UTILITIES, FACILITIES AND PROPERTIES.

11. THE CONTRACTOR SHALL TAKE ALL NECESSARY AND PROPER PRECAUTIONS TO PROTECT

ADJACENT PROPERTY OWNERS FROM ANY AND ALL DAMAGES THAT MAY OCCUR FROM STORM

WATER RUNOFF AND/OR DEPOSITION OF DEBRIS RESULTING FROM ANY AND ALL WORK IN CONJUNCTION WITH CONSTRUCTION OF THIS PROJECT.

12. THE CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY

FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE

CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER

HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE

PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR
CITY OF PALM PREPARED UNDER THE DIRECT SUPERVISION OF: ELEV. 476.262' ~ ,,~~,.,,~
SPRINGS BM T-14 OBANDO &ASSOCIATES, INC.

LOCATION GASPAR OBANDO ,I; " ~ t ~
i, tf.,.ftf-i'.A ~ 3101 OCEAN PARK BLVD, STE 100 PMB 122 -41 E•p 12-J1-1: THE INTERSECTION OF LA VERNE WAY AND SANTA MONICA, CA90405 ~ o. 71382 ,,, ~" SOUTH PALM CANYON DR. (310) 821 • 7555 "' , ..

IN THE CITY OF PALM SPRINGS

PRECISE GRADING PLAN
310 W CRESTVIEW DR. LOT 4
LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.

13. THE CONTRACTOR SHALL REPLACE ALL A.C. PAVEMENT, CONCRETE CURB AND GUTTER, CONCRETE CROSS GUTTER, ETC., WHICH HAVE BEEN REMOVED OR DAMAGED IN CONNECTION WITH THE CONSTRUCTION OF THIS PROJECT. COST FOR SAID REPLACEMENT SHALL BE BORNE BY THE CONTRACTOR AND INCLUDED IN VARIOUS ITEMS OF WORK.

14. THE CONTRACTOR SHALL REPLACE WITH LIKE IN KIND ANY LANDSCAPING OR SPECIAL FEATURES SUCH AS: TURF, GROUND COVER. TREES, BUSHES, AND IRRIGATION LINES, ETC.,

WHICH ARE REMOVED OR OTHERWISE DISTURBED IN CONNECTION WITH THE CONSTRUCTION OF THIS PROJECT. COST FOR SAID REPLACEMENT SHALL BE BORNE BY THE CONTRACTOR AND INCLUDED IN THE VARIOUS ITEMS OF WORK.

15. ADJUSTMENT OF WATER VALVE COVERS AND MANHOLE COVERS SHALL TAKE PLACE AFTER THE A.C. PAVEMENT OPERATIONS ARE COMPLETE.

16. ALL STATIONING SHOWN IS CENTERLINE STATIONING UNLESS OTHERWISE INDICATED BY NOTE.

17. ALL STORM DRAIN STRUCTURES SHALL BE IN ACCORDANCE WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STANDARDS.

18. RECORD DRAWINGS (FORMERLY CALLED "AS-BUILT" DRAWINGS) OF THIS PLAN MUST BE

SUBMITTED TO THE CITY ENGINEER BY THE ENGINEER OF RECORD PRIOR TO ACCEPTANCE OF THE WORK.

19. CONSTRUCTION SIGNING, LIGHTING AND BARRICADING SHALL BE PROVIDED ON ALL PROJECTS AS REQUIRED BY CITY STANDARDS OR AS DIRECTED BY THE CITY ENGINEER. AS A

MINIMUM, ALL CONSTRUCTION SIGNING, LIGHTING AND BARRICADING SHALL BE IN ACCORDANCE WITH PART 6 "TEMPORARY TRAFFIC CONTROL'OF THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, DATED JANUARY 13, 2012, OR SUBSEQUENT EDITIONS IN FORCE AT THE TIME OF CONSTRUCTION.

20. APPROVAL OF PLANS BY THE CITY ENGINEER DOES NOT RELIEVE THE CONTRACTOR OR

DESIGN ENGINEER FROM RESPONSIBILITY FOR CORRECTIONS OF ERRORS AND OMISSIONS DISCOVERED DURING CONSTRUCTION OF THE WORK. UPON REQUEST, THE REQUIRED PLAN REVISIONS SHALL BE PROMPTLY SUBMITTED TO THE CITY ENGINEER FOR APPROVAL.

21. STORM SEWERS SHALL BE AIR-TESTED ACCORDING TO 306.1.4.4 OF THE STANDARD SPECIFICATIONS AND COLOR TELEVISED PER CITY OF PALM SPRINGS REQUIREMENTS. THE

CONTRACTOR SHALL TELEVISE EXISTING STORM SEWER MIAINS PRIOR TO AND AFTER COMPLETION OF CONSTRUCTION.

PRIVATE ENGINEER'S NOTICE TO SUBCONTRACTORS

1. PRIOR TO COMMENCING CONSTRUCTION, THE CONTRACTOR SHALL VERIFY ALL JOIN CONDITIONS

FOR GRADING, DRAINAGE AND UNDERGROUND FACILITIES, INCLUDING LOCATION AND ELEVATION OF EXISTING UNDERGROUND FACILITIES AT CROSSINGS WITH PROPOSED UNDERGROUND FACILITIES. IF

CONDITIONS DIFFER FROM THOSE SHOWN ON THE PLANS, THE CONTRACTOR SHALL NOTIFY THE

ENGINEER AND SHALL NOT BEGIN CONSTRUCTION UNTIL THE CHANGED CONDITIONS HAVE BEEN EVALUATED.

2. THE EXISTENCE, LOCATION AND CHARACTERISTICS OF UNDERGROUND UTILITY INFORMATION

SHOWN ON THESE PLANS HAS BEEN OBTAINED FROM A REVIEW OF AVAILABLE RECORD DATA NO

REPRESENTATION IS MADE AS TO THE ACCURACY OR COMPLETENESS OF SAID UTILITY INFORMATION. THE CONTRACTOR SHALL TAKE PRECAUTIONARY MEASURES TO PROTECT THE UTILITY LINES SHOWN AND ANY OTHER LINES NOT ON RECORD OR NOT SHOWN ON THESE PLANS.

3. THE CONTRACTOR SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE JOB SITE

CONDITIONS, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT. THIS REQUIREMENT SHALL APPLY CONTINUOUSLY, AND SHALL NOT BE LIMITED TO NORMAL WORKING HOURS. THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND

HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH PERFORMANCE OF WORK ON THIS PROJECT.

4. THE CONTRACTOR SHALL FAMILIARIZE HIMSELF WITH THE PLANS, THE SOILS AND/OR GEOLOGY REPORTS, AND THE SITE CONDITIONS PRIOR TO COMMENCING WORK.

5. SHOULD CONFLICTING INFORMIATION BE FOUND ON THE PLANS, THE CONTRACTOR SHALL NOTIFY THE PROJECT ENGINEER AT OAS SOLUTIONS BEFORE PROCEEDING WITH THE WORK IN QUESTION.

NOTE
UTILITIES SHOWN REFLECT AVAILABLE PUBLIC RECORDS. IT SHALL BE THE RESPONSIBILITY OF

THE CONTRACTOR TO VERIFY AND PROTECT ALL UTILITIES IN THE CONSTRUCTION AREA,

WHETHER SHOWN OR NOT HEREON, AND TO NOTIFY UNDERGROUND SERVICE ALERT AT

1.aG0-227-2600, 48 HOURS IN ADVANCE.

NOTE TO OWNER AND CONTRACTOR

IT IS THE OWNER'S RESPONSIBILITY TO SCHEDULE REGULAR MAINTENANCE OF THE DRAINAGE

SYSTEM, INCLUDING BUT NOT LIMITED TO AREA DRAINS, DRAIN LINES, DRYWELLS AND BUBBLER BOXES.

CONTRACTOR SHALL RECOMMEND MIAINTENANCE SCHEDULE TO OWNER BASED UPON INSTALLED EQUIPMENT AND AS-BUILT CONDITIONS ROOF DRAINS.

ENGINEER-OF-RECORD SHALL BE CONSULTED PRIOR TO ADDING ADDITIONAL DRAINAGE (ROOF

DRAINS, POT DRAINS, ETC) INTO THE SYSTEM SHOWN HEREON TO ENSURE ADEQUATE PIPE SIZING.

DESIGN BY: CITY RIGHT.OF· INITIAL DATE REVIEWED BY: : :

GASPAR OBANDO CHECK WAY
DRAWN BY: TRAFFIC JOHN M. BRUDIN : :

GASPAR OBANDO ENG'G
REVIEWED BY: DATE FIELD R.C.E. NO. DATE
: :

ENG'G . 41836 I 0/05/21
~I
SITE

VICINITY MAP
SCALE 1:800
~ I/

SITE LOCATION
310 W CRESTVIEW DR., PALM SPRINGS, CA 92264

LOT DESCRIPTION
APN 513-352-020, 021, & 022

LEGAL DESCRIPTION

PLOTTED PER LEGAL DESCRIPTION NOTED ON WFG NATIONAL
TITLE COMPANY OF CALIFORNIA, ORDER NO.: 0-105200, DATED JANUARY 23, 2020.

BASIS OF BEARINGS

THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE
OF EL CAMINO WAY, BEING N85°36'E PER MB 12152-56.

UTILITIES

1. SEWER-SEE SHEET3 FOR SEWER LINE LOCATION

2. WATER- SEE SHEET 3 FOR WATER LINE LOCATION

REQUIRED PERMITS

1. PRECISE GRADING PLAN

INDEX TO SHEETS

SHEET DESCRIPTION
1 TITLE/NOTES SHEET
2 PROJECT SURVEY
3 GRADING AND DRAINAGE PLAN
4 CROSS SECTIONS PLAN

EARTHWORK QUANTITY TABLE CUT (CY) FILL (CY)
ROUGH GRADE 277 I 60
BACKFILL 1214 C.Y.

EXPORT 217 C.Y.

1. THE ESTIMATED QUANTITIES PROVIDED ABOVE ARE TO BE USED FOR PLAN CHECKING AND PERMITTING PURPOSES ONLY.

2. ESTIMATED EARTHWORK ABOVE IS BASED ON DESIGN FINISH GRADES TO EXISTING GRADES AND/OR CONTOURS AS PROVIDED ON THE SURVEY. THE

ESTIMATED EARTHWORK DOES NOT ACCOUNT FOR THE THICKNESS OF PAVEMENT, FOUNDATIONS.CLEARING AND GRUBBING, AND CONSTRUCTIONS MEANS AND METHODS.

3. THE ESTIMATED EARTHWORK QUANTITIES DO NOT INCLUDE SHRINKAGE

AND/OR EXPANSION FACTORS DUE TO COMPACTION OR OVER EXCAVATION QUANTITIES.

4. THE CONTRACTOR SHALL CALCULATE HIS OWN EARTHWORK QUANTITIES NECESSARY FOR HIS BID AND WORK.

5. ESTIMATED EARTHWORK QUANTITIES ABOVE ASSUME THAT ALL ONSITE MATERIALS ARE SUITABLE FOR BACKFILLING. HOWEVER, ACUTAL EXISTING ONSITE

MATERIALS AND IMPORTED MATERIALS MUST FIRST BE APPROVED BY THE GEOTECHNICAL ENGINEER PRIOR TO INSTALLATION, REMOVAL, OR REPLACEMENT.

SEE SHEET 4 FOR CALCULATIONS

PROJECT DIRECTORY

RESPONSIBLE AGENT CIVIL ENGINEER
HA+MA

ERIC HAWKINS
(678) 478-7529
OBANDO & ASSOCIATES, INC.

GASPAR OBANDO

SOILS ENGINEER

LANDMARK GEO-ENGINEERS

AND GEOLOGISTS
780 N 4TH ST, EL CENTRO,
CA92243
(760) 730-3000
(310) 821-7555
OWNER
HA+MA

ERIC HAWKINS
(678) 478-7529
STANDARD PLANS FOR THIS PROJECT:

CITY OF PALM SPRINGS DEPT OF PUBLIC WORKS
STD PLAN NO. DESCRIPTION
201 STANDARD DRIVEWAY APPROACH

CONSTRUCTION NOTES
NO. DESCRIPTION QUANTITIES
1 TYP. RIP-RAP VELOCITY REDUCER PER DET.1/SHEET 3 1
2 TRENCH DRAIN PER DET. 2/SHEET 3 2
3 AREA DRAIN PER DET. 3/SHEET 3 4
4 DRY WELL PER DET. 5/SHEET 3 1
5 TYP. DOWNSPOUT PER DET. 6/SHEET 3 1
6 ATRIUM DRAIN PER DET. 7/SHEET 3 2
7 SEDIMENT BASIN PER DET. 1/SHEET 4 1
8 V-DITCH PER DET.2/SHEET 4 1
9 RETAINING WALL (PER SEPARATE PLAN) 2
APPROVED BY:

CITY OF PALM SPRINGS, CALIFORNIA FILE NO.

E-4605
SHEET

JOEL MONTAVO

CITY ENGINEER
R.C.E. NO. DATE
62624

PRECISE GRADING PLAN
310 W CRESTVIEW DR. LOT 4
DWG.NO.

CADO FILE NAME
illLE!NOTES SHEET
1 1 OF 4 SHTS.

Item 2A - 86
10 0 10 20 --~~--------1
,_ iii ~--~I
SCALE: 1"=10'
Underground Service Alert
NO.

DIAL:
811

TWO WORKING DAYS BEFORE YOU DIG

REVISION APPROVED DATE BENCH CITY OF PALM
1-------+---------------------------i-------t--------1 MARK SPRINGS BM T-14

LOCATION
1-------+---------------------------t-------t--------j
ELEV.
1-------+---------------------------t-------t--------1 THE INTERSECTION OF LA VERNE WAY AND 1-------+---------------------------i-------t--------1 SOUTH PALM CANYON DR. 476.262'
PREPARED UNDER THE DIRECT SUPERVISION OF:

OBANDO & ASSOCIATES, INC.

GASPAR OBANDO
3101 OCEAN PARK BLVD, STE 100 PMB 122
SANTA MONICA, CA 90405
(310) 821 - 7555
DESIGN BY:

GASPAR OBANDO
DRAWN BY:

GASPAR OBANDO
REVIEWED BY:

CITY
CHECK
DATE
I
RIGHT-OF- INITIAL DATE REVIEWED BY:

WAY
TRAFFIC JOHN M. BRUDIN
ENG'G
R.C.E. NO. DATE FIELD
ENG'G 41836 I 0/05/21
APPROVED BY:

JOEL MONTAVO

CITY ENGINEER
RC.E. NO.
62624
DATE

SURVEY BY OTHERS

FOR REFERENCE ONLY

CITY OF PALM SPRINGS, CALIFORNIA

PRECISE GRADING PLAN
310 W CRESTVIEW DR. LOT 4
FILE NO.

E-4605
DWG.NO.

CADD FILE NAME

PROJECT SURVEY
SHEET
2 20F 4SHTS.

Item 2A - 87
----~
499.50 1W TO 499.001W
495.00 BW TO. 493.35 BW
\
)
H= 4.50' Tc»le.5.65'
L= 50.99-.- RET. WALL PER

SEPARATE PLAN
/~_// ' I . ,
I
j
Underground Service Alert
NO.

DIAL:
811

TWO WORKING DAYS BEFCRE YOU DIG
i
'

REVISION
I
)
POOL COPING 494.96'
POOL BOTTQM 488.96'
---------

APPROVED DATE
-·-·--·-·-t-------------:.. _____________________________ _ ----~-- ---------·

BENCH CITY OF PALM
MARK SPRINGS BM T-14

LOCATION
ELEV.
--~........-~/
(di!
/:;I'
476.262'
A
L 5'
-+- ------
5'
·A·o· 000 • Yooooe:?
._0.0,0000
A
_A
--
SLOPE
-- 30"
-
8" ROCK W/ 4" EMBEDMENT

INTO CONCRETE
2" MIN. GAP IN BETWEEN
10"
§;0£%000
600060£%
-?00·0•00"
uO~. -~020~_~0~0~.-~o~. - -:CONCRETE
2500 PSI
k,l .t_ -KEY POP UP EMITTER
#5 REBAR 12" 0 C.

SECTION A-A
TYP. RIP -RAP

VELOCITY REDUCER

NO SCALE
1 SHEET3
f"J-~----------
)
/'-----¾.) ~ 6.00'
\_)
~ \

L PEDESTRIAN
GRATE 1% MIN. 1% MIN.
~-~.~.'=i.:-:. ~""'""'"'!'~•==· ~. ~-=..
z
:5
Q.
~
w
Q.
___[_
>. · J> . . .,, _ >. "'· . .,,_
""·. I>_ . I>, . • li • . ~ •.
.,,_ "'- "- PAVING PER ARCH .

I>: : i,:. . • l>_. ~ .· "
~ IIl~~l:=,,.g,._,-jf~re--11' _ COMPACTED SOIL
6'' PVC
INV
-t------DRAIN ELBOW
&--- CRUSHED/

COMPACTED STONE
(
NDS AREA DRAIN 3
NO SCALE SHEET3
BUILDING PAD= 492 ±
--------~
!
I
I

CONSTRUCTION NOTES
NO. DESCRIPTION QUANITTIES
1 TYP. RIP-RAP VELOCITY REDUCER PER DET.1/SHEET 3 1
2 TRENCH DRAIN PER DET. 2/SHEET 3 2
3 AREA DRAIN PER DET. 3/SHEET 3 4
4 DRY WELL PER DET. 5/SHEET 3 1
5 TYP. DOWNSPOUT PER DET. 6/SHEET 3 1
6 ATRIUM DRAIN PER DET. 7/SHEET 3 2
7 SEDIMENT BASIN PER DET. 1/SHEET 4 1
8 V-DITCH PER DET.2/SHEET 4 1
9 RETAINING WALL (PER SEPARATE PLAN) 2
PREPARED UNDER THE DIRECT SUPERVISION OF: CESIGN BY:

GASPAR OBANDO
OBANDO & ASSOCIATES, INC.

GASPAR OBANXI DRAWN BY:

M~Well®W Q ITEM NUMBERS

1. MANHOLE CONE - MODIFIED FLAT BOTTOM.

DAAINAGE SYSTEM DETAILS AND SPECIFICATIONS 2. BOLTED RING & GRATEICOVER . DIAMETER & TYPE AS SHOWN. CLEAN CAST IRON WITH WORDING ·sTORM
WATER ONLY" IN RAISED LETTERS. BOLTED IN 2

LOCATIONS AND SECURED TO CONE WITH MORTAR
RIM ELEVATION ±0.02' OF PLANS.

Lot4
Palm Springs, CA 470.00
TOP
7 452.00
TTOM
9 6
468.50
NV
467.00
INV
3 20
.,
fI
(!)
w
Io
0: - w
"'
0:
" . 0
19 , •
8 >- I
0: f- "'
~
0: a. i5
:, w ~ "' 0 w "' 0: ~
u. w <D
11 0 <D <
I "' w
<{
Ii: "' I 0:
w (J w
0 (!) a.
z 0
4 ::, f-
~ ,;
w z
"' 0 ;::
>i <
0:
f1 w
z
w
a.
0 -I
14 f-
~
I
....
a.
w
0 ~

3. STABILIZED BACKFILL - TWO-SACK SLURRY MIX.

4. PRE-CAST LINER - 4000 PSI CONCRETE 48" ID. X 54" OD.

CENTER IN HOLE ANO ALIGN SECTIONS TO MAXIMIZE
BEARING SURFACE.

5. INLET PIPE/OUTLET PIPE {BY OTHERS).

SEE SEPARATE PLAN FOR INVERT ELEVATIONS.

6. GRADED BASIN OR PAVING (BY OTHERS).

7. COMPACTED BASE MATERIAL, IF REQUIRED (BY
OTHERS).

8. FREEBOARD DEPTH VARIES WITH 1NLET PIPE
ELEVATION. INCREASE SETTLING CHAMBEA DEPTH AS
NEEDED TO MAINTAIN ALL INU:.T PIPE ELEVATIONS
ABOVE RISER PIPE.

9. NON-WOVEN GEOTEXTILE SLEEVE - MIRAFI 140 NL. MIN.
6 FT 0 . HELD APPROX. 10 FEET OFF THE BOTTOM OF
EXCAVATION.
10, PUREFLO® DEBRIS SHIELD - ROLLED 16 GA. STEEL X 24"

LENGTH WITH VENTED ANTI-SIPHON ANO INTERNAL

0.265" MAX. SWO FLATTENED EXPANDED STEEL SCREEN
X 12" LENGTH. FUSION BONDED EPOXY COATED.

11. MIN. 6' 9 DRILLED SHAFT.

12. RISER PIPE . $CH, 40 PVC MATEO TO ORAINAGE PIPE AT
BASE SEAL.
13, DRAINAGE PIPE -ADS HIGHWAY GRADE OR SCH. 40 PVC
WITH TRI-A COUPLER. SUSPEND PIPE DURING BACKFILL
OPERATIONS. O!AMETER AS NOTED.
13 6" 0 <
fA:J.ll<. IIOOl_,~ -:00.l lM -"C\YR)t.l
,;:.,.<.1<Y1 ... C.Q.C-51",""I! ___ .,,.,.,__ -.r.MM ,..,,,.OR.r~,Ul -WA.

U.5 -Ho.•.DllllC·'"-°"' 1111• 'KI00.200"
IV-6-SS-CA ll.EVISED BY AB
DFIAWN CN 05-14-19 REVISED DATE; 09-15-21
CITY ~GIIT-OF- INITIAL

CHECK WAY

TRAFFIC
0 ....
0 w
~
"'
;::
"' w
SCALE N.T.S

14. ROCK -WASHED, SIZED BETWEEN 3/8" AND 1-1/2".

15. FLOFAS'f® DRAINAGE SCREEN - SCH. 40 PVC 0.120''
SLOTTED WELL SCREEN WITH 32 SLOTS PER ROW/FT.

OVERALL LENGTH VARIES, UP TO 120" WITH TRI-B
COUPLER.
16, ABSORBENT . HYDROPHOBIC PETROCHEMICAL
SPONGE. MIN. 128 OZ. CAPACITY. TYPICAL, 2 PER
CHAMBER.
17, FABRIC SEAL - U.V. RESISTANT GEOTEXTILE • TO BE
REMOVED BY CUSTOMER AT PROJECT COMPLETION.

GRATED ONLY.

18. MIN. 6' 0 DRILLED SHAFT.

19. BASE SEAL · CONCRETE SLURRY.

20. 6 PERFORATIONS MINIMUM PER FOOT, 2 ROWS
MINIMUM.

Manutacwred and Installed by - ,,.
- TORRENT •

RESOURCES
An evolution of McGuckin Drilling
www.lorrentresource1.com
CALIFORNIA 000-820-0740
ARIZONA 602-268-0785
DRYWELL 5
NO SCALE SHEET 3
DATE REVIEWED BY: APPROVED BY:

JOHN M. BRUDIN JOEL MONTAVO

DURA SLOPE TRENCH
DRAN NDS.

CONCRETE

COMPACTED SOIL
•
•
•
•
,
·rt, •
.; 0
•
• • •
0 4.6"
•
0 .. •
0 TRENCH DRAIN DET.

NATIVE OR IMPORTED

SOIL COMPACTED TO
90% RELATIVE DENSITY

NO SCALE
4' OR 6' PVC PIPE-¥-'-"'--'1I
COMPACTED _ _,.. i
•

INV ELEV

PER PLAN
2 SHEET 3
•
.... SAND I ·""'=~-_ ,.,, J ··---+
PLACE ON UNDISTURBED __ .;.....:::=ci='.;§;,,,,;;;,,,,~, _L2 __ ::.-~

OR COMPACTIED SOIL
4" 4" OR 6"
MIN

STORM DRAIN PIPE
TRENCHING •ET.

EDGE OF

BUILDING

DOWNSPOUT

NO SCALE
4 HEET3

PAVING PER
ARCH.

DOWNSPOUT ADAPTER

INSERTED IN RISER PIPE
- FINISHED FLOOR

FSORFG ,,---- - ---
/
(
-,---I INJECTION MOLDED
t11--~ ~--i°'IF===il I WT 90• BEND

REDUCER

CONNECT TO MAIN

DRAINAGE LINE
PVC PIPE S--:2% MIN.

L __ I
INVERT - -1-- FOOTING

PER PLAN I (WHERE OCCURS)
L_ _______ _J
TYP. DOWNSPOUT 6
1"
4"PVC
INV
NO SCALE HEET3
.
.,
'
4"
' .. .
1"
i
TG ELEV.

PER PLAN
--+-----DRAIN ELBOW
--CRUSHED/

COMPACTED STONE
ATRIUM DRAIN 7
NO SCALE HEET3

THIS PLAN HAS BEEN REVIEWED AND CONFORMS WITH

THE RECOMMENDATIONS OF SOILS ENGINEER/GEOLOGIC
REPORTS DATED ____ _

SIGNATURE DATE
LEGEND
----- - - -
®
•
®
©
~
FS
INV
FF
TG
GB
RL
TS
BS
TGR
GF
•
----

DIRECTION OF FLOW

FLOW LINE
DRAINAGE PIPE-6' PVC S=1.0%

MIN, UNLESS OTHERWISE NOTED
SEE DET. 4/C-2 FOR TRENCHING

GRADE BRAKE

RIDGE LINE
TRENCH DRAIN PER DET. 2/C-2
ATRIUM DRAIN PER DET. 7/C-2
AREA DRAIN PER DET. 3/C-2
ROOF DOWNSPOUT SEE DET. 6/C-2 FOR

CONNECTION
POP-UP EMITTER, SEE DET.1
SEDIMENT BASIN PER DET.1/SHEET 3

FINISHED SURFACE

INVERT ELEVATION

FINISHED FLOOR

TOP OF GRATE

GRADE BREAK

RIDGE LINE

TOP OF STEP

BOTTOM OF STEP

TOP OF GRAVEL

GARAGE FLOOR
RIP RAP PER DET. 1/C-2

RETAINING WALL BY OTHERS

PATTERN LEGEND
.. ., ,. ,. ,,
.' .' POURED CONCRETE CEMENT FOR R/W , . ..

POOL PER ARCHITECT
... .
... " ·, ·,: : : . .. . : ·. .•. . .. . .. ... .. . .. . . GRAVEL PER ARCHITECT . . ., ' ' . : ... : : "".'•" :.- .. ·.· -···. ... . . .
,,
.
"'
"'
. . . .
. . . . . . HARDSCAPE PER ARCHITECT . '
. .., "' "' "' "' "' "' "' "' "' ~ PLANTER PER ARCHITECT .., "' .., "' "'

PLAN NOTES

1. THIS PLAN ACCURATE FOR GRADING AND DRAINAGE, ONLY

2. DRAINAGE PIPES ARE 6' PVC PIPES, UNLESS OTHERWISE
NOTED.

3. ALL DRAINAGE PIPES SHALL BE INSTALLED AT 12" (MIN)
BELOW FINISHED SURFACE PER MANUFACTURER'S SPEC~
FICA TION UNLESS OTHERWISE NOTED ON PLANS.

4. ALL DRAINAGE PIPES TO BE SLOPED 1% MINIMUM .

5. CONNECT ALL ROOF DRAINS TO BELOW GROUND DRAINAGE
SYSTEM PIPES. S=2% MIN

6. SURVEYOR MUST SET GRADE STAKES FOR ALL DRAINAGE
DEVICES AND OBTAIN INSPECTION BEFORE POURING.

7. ALL SLOPES TO BE VEGETATED.

8. ANY CHANGES (TYPE, SIZE, LOCATION) TO APPROVED

STORMAWATER BEST MANAGEMENT PRACTICE (S) (BMPS)

MUST OBTAIN WRITTEN APPROVAL FROM LOS ANGELES,

DEPARTMENT OF PUBLIC WORKS, BUREAU OF SANITATION
PRIOR TO CONSTRUCTION OF BMP (S).

9. ALL STORM WATER RUNOFF TO DRAN TO BMP.

PUBLIC R/W

CONSTRUCTION NOTES
0 SAW CUT, REMOVE, AND REPLACE 1' WIDE STRIP OF AC.

PAVEMENT AND BASE. MATCH EXISTING PAVEMENT SECTION.

CITY OF PALM SPRINGS, CALIFORNIA FIL£ND. SHEET
E--4ll05
DWG. NO.

PRECISE GRADING PLAN 3 GASPAR OBANDO ENG'G 3101 OCEAN PARK BLVD, STE 100 PMB 122 CITY ENGINEER THE INTERSECTION OF LA VERNE WAY AND SANTA MOND., CA 90405 R.C.E.NO. DATE R.C.S. NO. DATE 310 W CRESTVIEW DR. LOT 4 REV CADD FIL£ NAM• IEWED BY: DATE SOUTH PALM CANYON DR. (310) 821 • 7555 FIELD ENG'G ,1.1836 10/05/21 62624 GRAil~ & IR,t.Jtw;E Pl.AN 30F 4 SHTS.

Item 2A - 88
- co
I
r---~:~P.2:~---~-+ ··-·•-··-·•-· ~ .
• ·-------.. 63 00' . --·-· . ! : : -n-••-••-••-••-••-••-••-••- i
.
• I
.
• I
.
• !
i
Fri' .I
.,,.
::?i
• '
I
• ;
.
' I
. •
I
~ '"' j9
.....
. .,, ,,
·"'~ IZ
~ SEALED GRATE

TOP OF WALL
t-----12_" __ --lt---6'_' - --1· ELEV. PER PLAN
~~ -~I___._,[
e· -~
>--~=--4· 515 ~ . . . ~ 505 -.. -...... ~- ... -....... -.. -- -- --- -- -- -- -....... .. . -. _, ...... -.... -· -. ... ... -.... -- -- --- -- -- ..... -.... . -- -- --:•• ....... ..... ... .. .... ......... ...... .......................... ..... .. .. ......... ·• .. .... ... ·• .............. •:• ............ ............. ~· . ....... ·>-==-, I I . . . .
1·
i
--~-
I I
i---=- 51-0__, . . . . . . . . . j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... __ ... . . . . . . . . . . . . . .. . . . . . . . . . . . __ .. . __ ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j ....... ·t---=-' 50-5 _, i ' i . . 505 ! · ! 5~ >--==--4·· ....... ··~·· ......... ... ......... -· ....... .. ......... : ......... ···•· ..... ... ......... .. ....... ... ......... ....... ····•· ..... ····•· ....... .. ......... .. ··········- - · ........................................... ··- ,_.; ............ ····· .... ····~·· ...... ·+-== - • • • i I •

I HOUSE FOOTPRINT
CATCH BASIN --'"-:i;r==±==,r--
FLOW IN -~
! PROPOSED BUILDING - !
f--'5=0=0'--t~c ~c, -t---~,c O c~;:: . ~~ ~~~_:~:i~~~~~~~-~~~~~~~~ ~~~~:~~~~~ ~~~~ .................................. ~~~~-- · .. ..... .. . .. .. ....... .. ..... . . . . .. .. .. ..... .. .... . :· .. ..... .. ... .. .. . j ...... ·+---"'5.,.0.,.0'--I . • I
• ' I
,
.

I . . . . i ·. <@ . _. ·· .. ·;,. ·.. ·. ·. .

I
I /.
f ..• ·.••;·••
. .
.·.••:•oi:••(:
. . . ·. ·.
:·:/: . ·ii:
. ·. •. .
i::'.:._.\@: ·. •. •: ·. · .. ··. :<:::: . . ...~ .. ·· .. ···.·.· ·.
.·
.
... . . . :'I; ~ A~ f 7. ••••:::oo·· ·.·. @y· . ··•:·.· .. ·· :·· >··.·.-. :·1•r~ ! ~A' 470.40 ----
INV 470.10
INV

SEDIMENT

COLLECTION
/ FLOWTO
0 RIP-RAP
1i----j
""'-..~9.60
1 ~_,,,---II :B~ INV
FLOWTO

DRYWELL
1/2" ORIFICE ON

BED OF GRAVEL
-
\ .• ,.
•:
• .. • •
'
4" D.P.-OUTI.ET THROUGH --.__,sWALL @F.G. ,......_
-
495 i · · 49'1. ·. ' · . · .cur . ·. •····... ~ ~ "·~ ~ -·::.~-:--.~-c-.:---~:--..!'§7-~ 495.00FF i >--~=--4 .. .. .. .. .. ; ...... · ............ . ·' F=7="'-;;"",..~c.. "'+!:':..'t"'~"".c.. "":,_"_=c_"':c;,,_=~,."-,;,,-=~"'--',;,-=~"':..,"'_'"'~c"~,,,;c..=~~:..,,;~=~~-"':,_'L=c.. "':.."'~='-;;,:... "'~=~a=:cie_=~7"-"°'-=~7~,;,-=~~,c-=~":.c,,;._,. ==ca,i=~f;:;;:::;::;==;:::,,:·-~;:a:;:::;:;::::::;;;;;;;;;;;=,;;:==i;ci~ •. · , .......... · .... · ........ · + · · · · .... .. ! ·,:,··•r- 493.64 : . . . " .. . . ···., • .. · ·•, •. · ·.,.· ·;.. ·.,,..• ··/ \1-'ii:j;;;,,-• . .;.,,--·-;··----- i 490 ! "'-- 491.97 FG .,. : .·•( < ., ·· > . > . > .• •< > ):,U ./!»'·. - '\ i ~~~--t· .......... ~, ........ ................ ··FG· ........... ·':......... .. . . . . . . ... . . . . .. .. . .. .. .. . . ... . . . . . .. .. .. .. . . . . . . . . . . . .. ......... •·. . .... ' ... . : ...... :~ .... --~, ... :~ •... :L ... . ·:-,. . ~~ •.. :\ .... --~ .. ... ~' •.... :-, .... : ................. )~ .......... . .- . . ·. -· ·. . . . . . ·. . . . . . ·. . . . . ·- ·. . l 48935 . : : ,, •
495
490
=~·~· ' •'
FG : • ', 485 i ', ·········, ···················· • ···················· • ··········c ······ ··········•• ·························· ····c ·············· ·• ······•• ·········• ······"· ········, ·············· ··········= ·······:-,_·4-· - ~~7 I
485 i ,_~=----1 ···········~ ··········•·· ........ .. . . I I . . . . c..l ... ... :·< :· <<. .<.· . . ·. · .. <. i::: .. .-. ~ ............................... ~ ! .. :.:•,::•,:::· '•.::·.::.--::·.:·· .. _ ... :.~·-.':·.:::-::.--:. ·.:_. ,.::;·-.':· .......... :.·_. ... _._. i SEDIMENT BASIN ,, 1 ' V-DITCH /ATRIUM DRAIN DETAIL '2 ' I I 480 i i 480
/ ·.. . . . . ·. ® ·. ' ·. ·. · .... ... >> .. ·. ·.. i l! ··••··••··•••··••··••·· •· · .. ·.·· _. .-· ; .. ·.·:· ·. _. .. ···.'>f v·_. .··. · .· .i .Pl . . . . . - . . . .· -- .· r--- l ~i ·. ·.. · ·. · -C5) · . ' _.,...,~C--:' .·· .·· .· .-· · , ~ ...... . ... . : .... ·.· . ·. ,: ·•· ... ·· .. Ff',.·.·.·· .. ·.. ! ! ·-.:·-. ·-- .'·,. · .. _ ·. __ ·. .-· :: . _.- _ ..· .-. _.\.1/;_ .. __ .· .-·. - ,'q;). l -:::<:<::--( -- . ·:>:):>::.--_.: __ ._.. <-<L·.·_ / 1 ! . < . • :::-- . . . .· / '·la"·· .·.· ... ·.· .. ·>· .: / i ' . . . . . . , --~ - . , • : ·- ··-. .---.:·-._·._:--.··.· . . :. ·_-·_.·_-·_:-· .- .i ~- . . •_, -~- . : ........ _ • - • "----'--.. .·, I I ............. • • . x· ,. ·.·. /
··---- ..... __ ·- ... .. •·-... '••, • I ,,;;,-.... --.... , .. ''b 044°..., ••, tJi=tp--.... --..... .. •,. '•• , , I .... ...~ ii.I --.... :·..... · .. _:. ~ .
·,._ : '· '··,··-; ·@·. :< .. ~ ' . . . . § .. ·'-"' ' ' . .,..,. u ·-.., ·, ·. ··• . ~ . -· ' ' :'
'• I ' -~ .... __ .. . - ..-~ ' I , -~ ··, : -..... -. ..,, ·,. / .....

CUT/FILL DIAGRAM

NO SCALE

DRYWELL SIZING CALCULATIONS
MaxwelKID IV Drainage System Ca lculations Prepared on September 16, 2021 Project: Lot 4 - Palm Springs, CA
Contact: Nelson Costillo at Obando & Assoc iates - Los Angeles, CA TORREN;,;:

Given:

Desig n Infiltration Rate
Mitigate d Volume
Required Drawdown Time
Min. Depth to Infiltration

2.00 in/hr
839 ft 3
~ hours
lQ ft
Groundwater Depth for Design 200 ft
Proposed:

Drywell Rock Shaft Diameter
Drywell Chamber Depth
Rock Porosity
De pth to Infiltration
Drywell Bo ttom Depth
Q ft
la ft
40 %
H ft
73 ft
Convert Design Rate from in/ hr to ft/sec. in lfl /h" II 2.00 ""ii,"" X 12;n X 36{)(}sec 0.000046 sec

IESOMICES
A 6 foot diameter drywell provides 18.85 SF of lnfilhation area per foot of depth, plus 28.27 SF at the bottom.

For o 73 foot deep drywell, infiltrotion occurs between 14 feet ond 73 feet below grade. This provides 59 feet of infiltration depth in addition to the bottom area. Infiltration area per drywell is calculated below. 59 ff X 18.85 ';,' + 28.27 ff 2 = 11 4Q ft 2
Combine design rate with lnfiltratlon area to get flow {disposal) rate for each drywell. II 2 _ ti ' 0.000046 sec X 1140 ft - 0.05280 sec Volume of disposal for each drywell based on various time frames are included below. 48 hrs: 0.0528 CFS x 48 hours x ~iec = 9,1 23 cubic feet of retained water disposed of.

Chamber diameter = 4 feet. Drywell rock shaft diameter= 6 feet.

Volume provided in each drywell with chamber depth of 18 feet. 18ft X 12.57ft 2 <55ftx 28.27ff 2 X 40% = 848ft 3
The Maxwell System is composed of 1 drywell(s) .

Total volume provided= 848 ft 3
Total 48 hour infiltration volume= 9,123 tt 3
Total infiltration flowrate = 0.05280 :.,:

Based on the total mitigated volume of 839 CF, after subtracting the volume stored in the MaxWell System, the residual volume of 251 CF could be stored in a separate detention system and connected to the drywell system.

For any questions, please contact Alex Bennett at 213-248-4167 or via email at [email protected]
Underground Service Alert
DIAL:
811
1Yl'O ~f.lG DAYS BEFORE YOU DIG
Tonent Resou,ces (CA) lnco,porcfed
9950 Alder Avenue
Bloomington, CA 92316
Phone 909-829-0740
NO SCALE ie_HEET 4
-

PATTERN LEGEND
CUT
.
. . FILL
..
. ' ,. .. ,. . . R&R ..

CUT & FILL CALCULATIONS
1 HOUSE AVG CUT = 1 .'Z
GRADED AREA= 460 SQ.FT.
(460'1.2/27)= 20 C.Y. CUT
2 POOL AVG. CUT= 7.3'
GRADED AREA = 469 SQ.FT.
(469'7.3/27)= 129 C.Y. CUT
3 HARDSCAPE AVG. CUT= 1.3'
GRADED AREA= 614 SQ.FT.
(614'1.3/2'fr 30 C.Y. CUT
4 HARDSCAPEAVG. CUT=2.1'
GRADED AREA= 719 SQ.FT.
(719'2.1/2'fr 56 C.Y. CUT
5 POOL STORAGE AVG. CUT= 1.5'
GRADED AREA = 111 SQ.FT.
(111'1.5/27)= 6 C.Y. CUT
6 GARAGE AVG. CUT= 1.2'
GRADED AREA= 416 SQ.FT.
(416'1.2/2'fr 18 C.Y. CUT
R&R AVEG. HEIGHT= 5.8'
R&R GRADED AREA= 5650 SQ.FT
(5650'5.8)/27 = 1214 C.Y. R&R

EARTHWORK QUANTITY TABLE

ROUGH GRADE
R&R
EXPORT
NO SCALE l[HEET'
1--~=--t· .......... ~· .......... ... ......... -· ....... .. ..................... •· ...... ............ -· ....... ... ......... ··•· ................ -- ......... ·-......... ............................... -....... .. -........ ·-....................... ....... ····· ........ ~· ........ t-~=- I
•
I
•
475 i
.
;
i
.
; 475
0+00 0+50 1+00

CROSS SECTION A-A'
f-..>~8Ln ~!L.-! .. . . . . .. ..................... a~ ....... ~e . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . ... . . . . . . . . ... . . . . . . . . . . . . . . . . . .. . . . . . . . . . . ... ... . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . ... . . . . . . " . . . . . . . : ....................................................... :• ........................ ....... .. ... ................. •: ....... .. " . . . . . . . . . . . . . .. . . . . . . . ... . . . . . . . . . .~ ... . . . ..... · +--';l!.-,l}.,:-!o!.,-1 ~! !M - .-- -- ! ' . . 500 ! ! PROPOSED BUILDl~G - ! r-==-t!~~~7LJ..4U1 . . .....• : . ~ ;;-,;;; · . · lJ~8,o,!_~ j . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~:; ~· ............ .. --. . . . . . . . . ·4~ so . . ..... -- --. . . . . . . . . . .. . . . . . . . . . . -- ............ ........ -- ............ ... --. . . . . . . . . . ~~~.;~ ~~;.~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ --................... -- -- . . . . . . . . . . . . . . . . . . . . . . . --. . ................ -- -- --. . . . . . . . . . . . . . ·: . . -r ·. . . . . . . .... . 500 l---'4.,.9.,.5-:~~~~ ······················· .[········1·····'···--·········· ~.~-:~.~~~::__- ·,.· ,,. .. FS . "'· ................ 494.9BFS ... ... --- .. _494.96m-- -- "7 ,-;-.~{~-:Cl)~~::-:,\ ·················· .. ················· ...... 4.93.46. .......... ... .. ... ....... .. ........ . ....... .... ....... ......... ... ........... .... ....... • ..... l ............... f--4_,_,9,.,,5'--I i i : -~--··· . . .. ·:_.--- 494.96COPING ·•:. ·.. ·.. ·.. - 493.50FF r FS i 490 ' : --.:. .·:' .·· FIL.L ·· .·· .·· _,,_ ·488.96B07TOM·· < : :•: :-: :,: . :•.-, -.-. ,,, : : 490 ! ! · -~~-.::' · .. ·· .-·· _.,::--- ' ··.. ·.. ··.. -·>-<~·4·91 ·1-1··-,, .. :j ]·.--.-,~~··- , ...l.O, : · ! ·································. r············r
• ·····;············· . ······························ · ··········, ·· ····-··-··-r - - .· __ -r. ··-.-.. ................. - · ·········· ·: ···· ···················· l=::::=::::::::=::::::=·=I •.·.·····, .• · .• •. · .. ····.-...... . ·,, · · . ··· ~ 't··.· . ·l-·.···' _; 1 ·· ··49··1:FG 30'· ----- ·-··-·:···· ..... , · · ...... ·,, ···············································: ······························· ·······················:. ·······• r ····· ....... .
485 i i SEfBACKCALCS:,c'·:~ ... ~ --~--r-,_ 0000• • i 485 f-~=---t-- -- -- -- -- · · · · · .. · -- -- ... -- ..... -- ·i · -- -- -- · · · · · i· -- -- '· -- -- · · · · · -- · " -- · -- -- ..... -- -- -- · .. -- -- · · · .. .... -- -- ., .... -- · -- .. · -- -- -- ..... -- ... -- -- -- · · · · · · · .. -- -- · -- -- ., -- ... -- ... -- -- ... -- ..... -- -- -- · -- · · · · · · · · .TOP.OFSlOPE·=· 494:26'" .J. -- -- -- · -- -- · ·FG · · .. -- -- .. · -- · · · •. · · r-· · -- -- -- · -- -- -- · -- -- · -- -- .... · -- -- · · · · · · · -- -- -- -- · -- · · · · I.·· -- · -- -- ......... -- ... -- -- · -- .. · --:-- -- -- ·f · -- -- · · · · · · · · t-~=- i i BOTTOM OF Si-OPE = 485.21' j ,J · ·\' -, , i
480 · · · H-905' . " · ' 480 ! ! : : : : : ' I : f .. • - •• i "-,._ : : ! t-~~--t ......... .. -- .. .. . ...... . .......... , . -- -- -- -- . .. •· .. -- . ; ... . .. -- ..... .. .... . ........... .. -- . -- -- -- .. .......... . ; ... .... ... .. -- . .... .. ...... ...... -- -- ... . ........ -- ... . ; .... . .. .. -- ... .. . .. ....... ..... -- . . ... MIN ScTBACKoRCJ513.-.3,02 ......... -- . -- -- ....... .. -- ...... -- .... ; .. , .. , ..... _. .. , ........... , , .. -- ............ -- . -- -- -- ... , .. .. -- ..... -- . -- -- .... ... -- ... .............. .. -- ..... ... ; .. .... ....... -- ... ..... ,-~=_, ! ! 3.02' SElBACK REQUIRED : 1"-.: --"--\. _ __ '' - , ! ! ! : SETBACKCALCS. ·~ ',, !
i i : TOPOFSLOPE=484:67' FG ',__ . i ·······--·····················r- ·········1 . , ......................................... ........... , ................................... ............. .. , .................. ......... •· .... ............ :························soTTOMOFSLOPE:=4~:: · ............ .. .......... ......... ....... -~c.:~; -~·~············· .................... .............. . r····· ....... . ,___4_7_0__, ...... ............................ ; ............ J .... ( ....................................................... , ...................... ____ ............................ _: __ ............ ...................... .... __ ............ '. ........................ ~IN4~~~::i~= ............ __ ..... ............... __ ............... : .... -~ ~~ ~~~-, ............ ____ ................. : .. ..... [ .............. ,__4_7_0__,, 475 475
465
0+00
7 HOUSE ENTRANCE AVG. FILL= 2.2'
GRADED AREA= 382 SQ.FT.
(382'2.2/27)= 31 C.Y. FILL
8 DRIVEWAY AVG. FILL= 2.4'
GRADED AREA= 328 SQ.FT.
(328'2.4127)= 29 C.Y. FILL
9 DRIVEWAY AVG. CUT= 1.2'
GRADED AREA= 271 SQ.FT.
(271'1.2/27)= 12C.Y. CUT
10 HOUSE AVG, CUT= 0.9'
GRADED AREA= 192SQ.FT.
(192'0.9/27)= 6 C.Y. CUT
CUT fCYl FILL fCYl
277 I eo
1214 C.Y.
217 C.Y.
! ! ; I I I I ------------- I !
I I ----:-- - -f- ------- i i ' ' ' ' i 465
0+50 1+00 1+50
CROSS SECTION B-8'
505 ie. ie. ie. >--==----i·······gr ········5 ···············-.............. , ..................................................... , ··················· -·······-··········• .................................................................. L ············································· • ···- •• · ~ •••••••••.•.•..•.• •• ••••••••••.•.•.•.•• • ••••••••• •• L ··············r· a: z: - - - .... :

I I I
505
l---"'5.,.0"'0'--1::~~J.:.·.:.~::::l·················· .4g5:7g c· ........ ... ................................ ....... , ...................................................... :························ ...... . ~~p~~ED BUl~DI~~. -:.- .... ...... .. ......... .. ........ .. ........ ................ ........... . .......... .. ........ ·:·············I·····l---"'5-"'0.,.0'--1 : :- - --c::-cuT-7-"'!~, 494.10 • -~------------------------------- . i f---~4~9~5'--1······· i······ . r·················.: ·. ', c.:::_< .FS Fl~: ... 4~-!0F,.S-:C::~ · ... : . · .... 49496~6 4~.9~0P;NG . L_ ': cur:.,:~ 7::.,.=~co:_::.g351iFF ···--·········· ;493~··········· .. ········ .. ······--.......... ... ................. ....... .. ....... --·:--············r·····J--4~9~5__,, 490 i i -~--..:.:._c:.:.~-~- ·
4~·961!011:~.M·· ~-·"'·~-/• ·,,-.:~ .. -;< ----- i 490
f--~~--t······· :······ . : ····················· ····· ... •···························································· -- ········· .. ········ ·: · ... .. •·· ·• . :········· · FG"t_')~ :1 ····~ · ~---;~· ·· ······················································ --························· -············ r·····f-~~......., : : : : : ! ";;" ' : f', ")~ ']0, :

I I ' ' ' •----L--1_. --- . . ' ' I
: : : : : ~ : !-,.·· ·-~,.... : ' . ....... i ........... ·t · ........... .. .................. I .. -. -...... . ·-·• .................. ..................... I .................... -· .............................. -- ·! · ....... -· ............................ fG· ............ i• ..... t::. I ··: :j,· .. ~ ..... ::~·~·~ ........................ ·~ ............................... --- ......... ........... :. .............. ·~ .... . ' ' ' ' . ' '. . ~ .... ' ' ' ' ' . ' ,. . . ., --- '
,__
4~8~0'--J. · · · · · · · i · · · · · · · · · · · .:.. · · · · · · · · · · · ............ · · · · · · · · · · · · · · .. · · · · --· · · · · · · · · · · · ...... · -- .. · · · · · · ·:.... · · · · .. · · · .. --· .. · · · · · · · · ........... · · · · · · ·. :. · · · · · .... · · · · · .... .. · · · · · · · · · ......... · SETBACKCAlCSL_-:-" ':'.~ · .. · ~ ,,,~ · · ..... : ... · · · · · · · · · · · · · · · · · .. •· · · · · ..... · .. · · · · · · · · · · · · · .... ,. · · · · ······ .. I .. · .. 1--4~8~0 ,___,
! ! • • i TOP OF SLOPE= ~87.21' FG ',, i j
475 i i . . : BOTTOMOFSLOPE=475.00' '<, . 1 475
>--------1 -. -. -.... f .. -. ----. --.f .. ....... -. ---..... .... ----. ----; .. .... -. -. ---- .. --. -... --...... -----· .... -.. -- ----. -. -. ; . -. -. -. -... .. ---· ... -- .. -. -. -------· ..... -- -.. -. -----.. :. -. -. --.. .. ----... --...... -. -----· ......... -.. -. --.. -r-1.::;r1.~1!. ~----.. . -.. .. ---------.. -. -.......... -----.. -· .: ... --: ..... .., ~.- . -.. -. -.. .. -.. --. --------·· ... -. ----.. -----· .. : ..... -... ---... . ~ ..... ,_ __ _, : : . . : MIN SETBACK =17.2113:= 5.75' : ',,_ : :
470 ! ! • 5.75'SETBACKREQIJIRED • ----- i ! I I ; -~ : I f--~~--4 ........ : ............ : ............ .. ................ ··f · ......... .••.•.. ..... .• ....... .. ..........•....... . · ·f ............• ....... •. ....... ..• . • .......•.. ...... . . ••. ; ...... •. • •..... .. ••.......................•........... ·C····· ..... .. .. .. . . . . ................................ ;...... .. ..... . ............ :-:.-.... . ~ I I · ~~a·~·~·~·.:.------·:---------- .... ·1 .... : : ' - -... I I : i --.
485 485
470
465 i i ' i f--------1·········' ···········:··· ... ·····• ·······c · · ··········• • ....... . , ··················· •• ······•• · • • ······•• ........... , ·····• • ········• ·· •·········•• ········· ····· c ············· •········• ········•• ·· •···· · ··~ ·········•• ········ •• ·················• ··········~ .......... . ... : . . 465 I I
' '
I I
,_46_0__,.. ....... . . . . . . . L ......... .. ...................... ....... ............ .. ....... .. ............ ................................ ..................... ................................ ......... ........... .............................. ......... .. ........... .......... ..................................................... .......................... l ..... ,_46_0_, ' ' I I ' ' ' ' I I
455 ; ' : ' : 455
0+00 0+50 1+00 1+50
0 ____ 8 18
• 1---1 __ ~1

CROSS SECTION C-C'
SCALE: 1 "=8'
NO. REVISION /1/'PROVED DATE BENCH CITY OF PALM ELEV. PREPARED UNDER ll-iE DIRECT SUPERVISION OF: DESl8NBY: cnv CHECK
RIBHT-OF- : DATE REVIEWED BY: /1/'PROVEO BY:

CITY OF PALM SPRINGS, CALIFORNIA FLE NO.

E-4805
SHEET
l---+-----------------------------+----1----7 MARK SPRINGS BMT-14

LOCATION
I----+------------------------------+-----+-----,
1--- -i-------------------------------t----+--------1 THE INTERSECTION OF LA VERNE WAY AND t---i-------------------------------t-----+--------1 SOl/TH PALM CANYON DR. 476.262'
OBAIIOO & ASSOCIATES, INC.

GASPAR OBMIDO
3101 OCEAN PARK BLVD. STE 100 PMB 122
SANTAMONICA,CA90405
(310)821-7666

GASPAR OBANDO
DRAWN BY:

GASPAR OBANDO
REVIEWEO BY: DATE
WAY
TfW"FIC
ENG'G
FIELD :

ENG'G •
JOHN M. BRUDIN
R.C.E. NO.
41838
DATE
10/05/21

JOEL MONTAVO
R.C.E. NO.
82824
CllY ENGINEER
DATE

PRECISE GRADING PLAN
310 W CRESTVIEW DR. LOT 4
DWG.NO.

GADD FILE NAME

CROSS SECTION PLAN
4 40F 4 SHTS.

ATTACHMENT 10
Item 2A - 89
310/322 W CRESTVIEW

PALM SPRINGS, CALIFORNIA

SINGLE FAMILY RESIDENCE

PLANNING COMMISSION - RENDERINGS
FEBRUARY 2022
HA + MA HAWKINS+MARSHALL
Item 2A - 90
310/322 W CRESTVIEW
PALM SPRINGS, CA HA + MA FEBRUARY 2022 HAWKINS+MARSHALL Item 2A - 91
310/322 W CRESTVIEW
PALM SPRINGS, CA HA + MA FEBRUARY 2022 HAWKINS+MARSHALL Item 2A - 92
310/322 W CRESTVIEW
PALM SPRINGS, CA HA + MA FEBRUARY 2022 HAWKINS+MARSHALL Item 2A - 93
ATTACHMENT 11
Item 2A - 94
Due to the volume and length of the public comments received in conjunction with this application, all public comment materials are available at the following web link:
https://publicportal.palmspringsca.gov/WebLink/Browse.aspx?id= 1301607&dbid=0&repo=CityHall-Primary
Item 2A - 95
ATTACHMENT 11
.. t:
{o:
/
Subject:
)
uchi
Attachments:

E·
Ms Kikuchi:

Myra & Rick <[email protected]>
Tuesday, March 02, 2021 8:20AM
Noriko Kikuchi
Case No. 3.4215 MAJ
Mesa0bjection1.pdf; Mesa0bjection2.pdf; Mesa0bjection3.pdf Attached please find our 3 page timely filed objection to the above referenced.

E.W.Rick Wenzel
1 /
y
March 1 ~ 2021
Noriko Kikuchi
Department of Planning Services
City of Palm Springs
3200 E. Tabquitz Canyon Way
Palm Springs, CA 92262
Dear Ms Kikuchi:
320 W. El Camino Way
Palm Springs, CA 92264
(760) 778·2842
In respo~ to your letter of February 18, 2021, my wife and I file this objection to the Proposed New Hillside Single-Family Residence on Vacant Parcel (Lot 4) Immediately Adjacent to 294 West Crestview Drive (APN:SI3·361...024).

Location to Proposed Construction.

Our house is the last house on the north side of West El Camino Way at tbe mouth of the Canyon/Wash. Our property extends into the Canyon/Wash and is adjacent to the subject Lot 4 which extends from the ridge at West Crestview Drive down the Canyon/Wash waU to the bottom.

Area Bacground.

The proposed construction is in The Mesa neighborhood of Palm Springs which consists of approximately 180 homes at the base of the San Jacinto Mountains. The area was created in the 1930s and was envisioned as a quaint and private community. AJthough some oftbe private aspect of the vision bas not been realized, the quaintness has. Moreover, The Mesa is the personification of eclectic with atchitecrural styles going from Spanish-style and adobe to the Mid-Centuty modem styles of Donald Wexler and the "simple yet stunning Alexander home on El C3ltlino at Mesa''.

To say that The Mesa bas a unique charm and character would be an understatemenL Against that backdrop, we present our objections to the proposed application. 1 RECEIVED
MAR 0 2 2021

PLANNI G SERVICES
f)C"r>,. .,.....,... "-1\ T
/
/
t. The Projected Contttuetion Is Excessively BulkY fgr the Site.

The project consists of a 2889 SF house, 776 SF attached garage, pool and spa. The project encompasses 4S 15 SF of a 15,173 lot with the ridge portion of the lot of insufficient area to support the entire structure thereby requiring the use of ailspace for the back of the structure to be supported by piers into \he Canyon/Wash wall.

When the dimensions of 8 house exceed the dimensions of the lot on which jt is to sit, that is the definition of excessive and bulky.

Therefore, the appUcation must be denied.

2. The Natural agd Existina= i;ontours of the Canyon/Wash are Spoiled.

Because the structure is of excessive bulk and scale requiring supporting piers to be impJanted in the wall of the Canyon/Wash, those supporting piers spoU the natural and existing contours of the Canyon/Wash thereby introducing unnatural features - i.e., concrete piers, in an otherwise natural setting,
Therefore, the application must be denied.

3. The Project is Incompatible with the Desip of the Existin& Architeeture.

The Mesa is an eclectic mix of architectural styles with that mix no more evident than in the surrounding homes on the ridge. The massive, overbearing design of the project would negatively dominate those homes and conflict with the charm and character of the Mesa neighborhood.

Therefore, the application must be denied.

4. The Canyon is a Natural Watenhecl Necessitatinc an Absenq o[ Obstruction The area in question is at the base of the San Jacinto Mountains. It is the natural recipient of runoff .from the mountains and is the common outlet for any resulting outflow.

That outflow was never more pronounced than on V aJentines Day 2019. The JUDOff that ensued on that day came down the mountain. duougb the Canyon/Wash and down West El Camino Way to Mesa Drive and South Palm Canyon Drive. It can only be described as 8 raging torrent of water that would take no prisonefl. To liken it to the roaring rapids of the American River in Sacramento would not be an injustice to the American River, That event alone, even if it ~only occasionally, requires the use of ultimate restraint when considering projects which impact areas susceptible of doing great harm. 2 RECEIVED
MAR 0 2 2021
PLAN lNG SERVICES
I')J=r"' r..,....n. 1<r:PIIT
The implantation of concrete piers in the walls of a natural watershed creates an obstruction of unknown effect with the possibility of doing great harm.

Therefore, the application must be denied.

Conclusion.

Whether the proposed construction is viewed from an environmental or aesthetic viewpoint, the question is whether it wiU enhance or detract. From OW' vantage point, the answer is cJear. The project must not be approved.

Thank you.
3 RECEIVED
MAR 0 2 2021

PLANNING SERVICES

COMMENTS ON PROPOSED NEW HILLSIDE SINGLE FAMILY RESIDENCES VACANT PARCELS 4 AND 5 ADJACENT TO 294 W CRESTVIEW
• Developer bought 5 lots as part of one parcel
• Although he has filed plans for just 2 houses, it is clear he intends to build out all 5, thus it makes sense to take into account the near future use of all 5 of this HILLSIDE LOT DEVELOPMENT .
• These lots are part of the wash and two parcels are in a small area that overlooks the wash. These parcels are proposed to be build on the wash • There have been no environmental, seismic or community studies submitted on how this proposed housing development will affect the area
• The 2 eastern most lots, which include lot 4 { proposed 4500SF house , swimming pool , deck etc) overlap with a FEMA FLOOD ZONE, which starts toward the bottom of the wash and, bounded by W Crestview and El Camino, extends toward Mesa Drive This is shown on a Riverside County property website .
• There needs to be a Natural Hazard Report confirming that the wash is a flood zone were these parcels are located
• The lots are all located in a wash which serves as rainfall runoff drainage during times of heavy rain , a phenomenon occurring with more frequency as a result of climate change.

Last active runoff through this wash/canyon was during the storm 2/14/2019. Other flooding has occurred on almost a yearly basis.
• The proposed houses , at 4500 and 3500 SF are much larger than all other houses in the immediate neighborhood defined by upper W Crestview, Ridge Road and El Camino • West Crestview Road is only 20' wide at the building sites. City ordinance for new hillside development mandates 36' curb to curb width.
• Architecturally no effort has been made to be harmonious with the existing homes .

Proposed houses are large white rectangles that make no effort to integrate into the topography as well
• There is no street parking and almost no off street parking at the site and in a radius around the site to accommodate the construction machinery and all the work trucks that will be required by the construction crews and tradespeople • The building process will severely restrict access of emergency and delivery vehicles, raising public safety concerns.
• The Mesa neighborhood is a quite and peaceful area that many walk with their dogs • Part of The Mesa's charm is the local residents that meet up during these outings. • There are no sidewalks, so the narrow streets are shared by the pedestrians and cars

RECEIVED
MAR 0 2 2021
PLA ~NG S~J--lV iC S rr'r!_"' _ _, .-~nr

From: Beck, Carly@Wildlife
To: Planning; Noriko Kikuchi
Cc: Thomas, Alicia L; Noelle Ronan ([email protected]); Pert, Heather@Wildlife Subject: CDFW Comments for the City of Palm Springs Planning Case Numbers 3.4215 MAJ, Case 3.4216 MAJ, and Case

3.4273DP
Date: Tuesday, January 25, 2022 6:58:07 PM
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Hello,
The California Department of Fish and Wildlife (CDFW) is providing comments on Case 3.4215 MAJ, Case 3.4216 MAJ, and Case 3.4273DP scheduled to go before the City of Palm Springs Planning Commission, Public Hearing on January 26th, 2022. The City of Palm Springs is located within the boundaries and is a permittee to the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). Case 3.4273DP occurs within or directly adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area described in the MSHCP. All three projects contain fish and wildlife resources that are subject to Fish and Game Code section 1600 et seq. and have potential impacts to the fully protected Peninsular bighorn sheep.

CDFW issued Natural Community Conservation Plan Approval and Take Authorization for Coachella Valley MSHCP per Section 2800, et seq., of the California Fish and Game Code on September 9, 2008.

The MSHCP establishes a multiple species conservation program to minimize and mitigate habitat loss and provides for the incidental take of covered species in association with activities covered under the permit. Compliance with approved habitat plans, such as the MSHCP, is discussed in CEQA. Specifically, Section 15125(d) of the CEQA Guidelines requires that the CEQA document discuss any inconsistencies between a proposed project and applicable general plans and regional plans, including habitat conservation plans and natural community conservation plans. An assessment of the impacts to the MSHCP as a result of a proposed project is necessary to address CEQA requirements.

The proposed project, Case 3.4273DP, is within or directly adjacent to the MSHCP conservation area and is subject to the provisions and policies of the MSHCP. In order to be considered a covered activity, Permittees need to demonstrate that proposed actions are consistent with the MSHCP, the Permits, and the Implementing Agreement. CDFW recommends that the City of Palm Springs consult with the Coachella Valley Conservation Commission on Case 3.4273DP to ensure proper implementation of the MSHCP. If the project boundaries are within the Santa Rosa and San Jacinto Mountains Conservation Area a Joint Project Review may be required for the project. This process is outline within the Implementation Agreement Section 11.2.4 and within the MSHCP Section 6.6.1.1.

If the project is not within but adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area then the City of Palm Springs should condition the project to implement the Land Use Adjacency Guidelines set forth in Section 4.5 and, if necessary, the species objectives for Peninsular bighorn sheep Section 9.8.4 of the MSHCP.

Additionally, CDFW was informed that the City of Palm Springs staff gave instruction during a public hearing that citizens could place water out for Peninsular bighorn sheep. CDFW is providing the following information for City Staff as guidance regarding Peninsular bighorn sheep. Peninsular bighorn sheep is an endangered and fully protected species. The best way for the public to support the recovery of Peninsular bighorn is by observing them from afar, respect sheep habitat by leaving no trace, and removing unnatural attractants within the adjacent urban environment. Providing food and or a water source for Peninsular bighorn sheep is considered as an attractant. Feeding or providing water to Peninsular bighorn sheep, classified as non-game, is a violation of the California Code of Regulations, Title 14, subdivision 251.1 and is punishable by a fine or of a misdemeanor, as it disrupts the normal behavioral patterns of Peninsular bighorn sheep, especially in desert habitats, and is considered harassment. For your convenience the California Code of Regulations, Title 14, subdivision 251.1 is provided below.

Cal. Code Regs., tit. 14, § 251.1Harassment of Animals.

Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering. This section does not apply to a landowner or tenant who drives or herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops.

Lastly, all three projects appear to have streams subject to Fish and Game Code section 1600 et seq.

Depending on how the Project is designed and constructed, it is likely that the project’s applicant will need to notify CDFW per Fish and Game Code section 1602. Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that could substantially divert or obstruct the natural flow; change or use any material from the bed, channel or bank of any river, stream, or lake; or deposit debris, waste or other materials that could pass into any river, stream or lake. This includes ephemeral streams, desert washes, and watercourses with a subsurface flow.

Upon receipt of a complete notification, CDFW determines if the proposed Project activities may substantially adversely affect existing fish and wildlife resources and whether a Lake and Streambed Alteration (LSA) Agreement is required. CDFW’s issuance of an LSA Agreement is a “project” subject to CEQA (see Pub. Resources Code § 21065). To facilitate issuance of an LSA Agreement, if necessary, a CEQA document should fully identify the potential impacts to the stream, or riparian resources, and provide adequate avoidance, mitigation, and monitoring and reporting commitments.

CDFW would like to request the status of MSHCP implementation and any conditions of approval that have been assigned to the above projects. Should you have any questions please contact me at [email protected].

Sincerely,
Carly Beck
Senior Environmental Scientist (Specialist)
Inland Deserts Region
California Department of Fish and Wildlife
3602 Inland Empire Blvd., Suite C-220
Ontario, CA 91764
951-218-2940
From: Miranda, Salomon@DWR
To: Amanda Ross; Noriko Kikuchi; Rick Minjares
Cc: Trushinski, Brian ([email protected]); Soule, Kelly@DWR; Duncan, Anntonette@DWR; Tam Sing, Garret@DWR; Marquez, Maria@DWR Subject: 310 & 322 Crestview Drive, Palm Springs
Date: Wednesday, February 16, 2022 4:48:00 PM
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Hi Amanda,
Let me again thank you for the insightful conversation last Monday and for the opportunity to comment on the proposed structures located at 310 and 322 Crestview Drive, Palm Springs, CA, and the plans for future development in the 3 empty lots (APNs: 513-352-022, 513-352-020, and 513-352-021) located north of 310 and 322 Crestview Drive, and bounded by Ridge Rd. to the north and El Camino Way to the south (see Fig. 4).

After our conversation, I conducted a research on the subject matter as it relates to the National Flood Insurance Program and the City’s Flood Damage Prevention Ordinance (Chapter 8.68 of the City’s Municipal Code), which covers all development standards within the Federal Emergency Management Agency’s special flood hazard areas for the City of Palm Springs. During my investigation I met with City of Palm Springs’ staff to go over the proposed project and development permit process. After my meeting with the City, it is fair to say that there is no evidence that the other 3 empty lots (APNs:
513-352-022, 513-352-020, and 513-352-021) shown in Fig. 4 are being part of any future development – no permit application for these lots exists at this time. Therefore, the focus of my investigation was on the proposed structures located at 310 & 322 Crestview Drive only.

Here are my findings:

Address: 310 Crestview Dr. (APN 513-361-024)
FEMA’s Flood Insurance Rate Map (FIRM) number: 06065C1566G FIRM Effective Date: 8/28/2008
Flood Hazard Designation: the northeast portion of this lot is located in FEMA’s Zone AO- Depth 1-ft flood hazard designation (see Fig. 2, and 3 below)
Zone AO Definition:

Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown in this zone. Mandatory flood insurance purchase requirements and floodplain management standards apply.

Some Zone AO have been designated in areas with high flood velocities such as alluvial fans and washes. Communities are encouraged to adopt more restrictive requirements for these areas.

Drainage: During our conversation we discussed drainage and potential flow path obstructions this structure might cause. As you already know, the City is already seeking, from the developer, a hydrology/hydraulic analysis to address any adverse impacts. The City is also conditioning the building to conform with its drainage policies.

Site Plan and Setbacks (Fig. 5-6):

Special flood hazard area boundary extends nearly 42.2-feet from the lot’s north boundary line. foundation of the proposed structure is more than 56-feet from the lot’s north boundary line (nearly 14-ft away from the special flood hazard area).
contour elevations (Fig. 5) show a difference of +10-feet between the foundation and the bottom of the tributary.

Conclusion: based on my research, I conclude that if the structure is built as proposed, then it’ll be outside the FEMA’s special flood hazard area.

Fig1. Lot boundary
Fig. 2: FEMA’s Map Service Center https://msc.fema.gov/portal/search?AddressQuery=310%20crestview%20rd.%20palm%20springs%2C%20ca Fig. 3: ArcGIS – special flood hazard area and lot overlay Fig. 4: APNs: 513-352-022, 513-352-020, and 513-352-021 Fig. 5: 310 Crestview Dr. Site Plan
Fig. 6: SFHA is about 42.2 feet from the lot boundary.

ADDRESS: 322 Crestview Rd (APN 513-361-003)
Conclusion: lot is outside the FEMA’s special flood hazard area.

Salomon Miranda, P.E., MS, Manager Water Management Branch Southern Region Office CA Department of Water Resources 770 Fairmont Avenue, Suite 200 Glendale, California 91203 818.549.2347

STRUMWASSER & WOOCHER LLP

ATTORNEYS AT LAW
MICHAEL J. STRUMWASSER 10940 WILSHIRE BOULEVARD, SUITE 2000 TELEPHONE: (310) 576-1233 BRYCE A. GEE LOS ANGELES, CALIFORNIA 90024 FACSIMILE: (310) 319-0156 BEVERLY GROSSMAN PALMER WWW.STRUMWOOCH.COM
DALE K. LARSON
CAROLINE C. CHIAPPETTI FREDRIC D. WOOCHER
JULIA G. MICHEL † ANDREA SHERIDAN ORDIN
SALVADOR E. PÉREZ SENIOR COUNSEL
† Also admitted to practice in Washington
February 22, 2022
Via email to [email protected]
Planning Commission
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Re: February 23, 2022 Agenda Items 3A and 3B: 310 and 322 West Crestview Drive To the Honorable Planning Commission:

This firm writes on behalf of member of The Mesa Neighborhood Organization, the official neighborhood association of The Mesa neighborhood, a hillside community of nearly 200 homes occupied by full and part time residents of Palm Springs. The Mesa Neighborhood Organization is concerned that the proposed residential construction at 310 and 322 West Crestview Drive (“the projects”) are being improperly exempted from review under the California Environmental Quality Act (“CEQA”). The proposal to build these two houses must be considered along with applicant’s publicly stated intention to build homes on two additional parcels also owned by the applicant. Moreover, special circumstances apply to the construction of two new homes in this area bordering on large expanses of undeveloped hillside that make the application of the CEQA exemption improper. Lastly, flood control concerns must be fully studied and addressed prior to approval of these projects to ensure that flooding is not an issue for either the future residents, or for existing homeowners that could be adversely implicated by alterations in natural flood and drainage patterns. These two proposed projects should be considered along with the other foreseeable development on these five lots and a full environmental analysis should be conducted prior to approval of any of the houses.

The Projects Are Proposed for Steeply Sloping Lots, and 322 West Crestview Contains Structural Walls on Slopes Greater than 30 Percent
The two projects listed in Agenda Items 3A and 3B are the development of single-family homes on steeply sloped hillside parcels. The single-family home structure at 310 West Crestview is proposed at 3,278 square feet; at 322 West Crestview the proposal is for a 3,344 square foot home.

Neither structure complies with the zoning code requirements. The structure at 310 West Crestview requires an increase in maximum allowable building height (from 12-18 feet to 23.6 Planning Commission
February 22, 2022

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feet) and a front yard setback reduction (from 25 feet to 10 feet). The structure at 322 West Crestview also requests a height increase (from 12-18 feet to 25.8 feet) and a reduced front yard setback (from 25 feet to 10 feet).

The staff report notes that for the 322 West Crestview property, “the structural walls will be located in the area which is more than 30% in slope. Considering the area, support structures that minimize their impact on the natural hillside topography are highly desired. A condition of approval is proposed to revise the design and improve conformance with this finding.” The Palm Springs Municipal Code contains specific hillside development standards regarding slope. While these standards apply initially to the permissible density of a site development, they also make clear that slopes over 30 percent are inappropriate locations for building. Municipal Code section 93.13.00 C3 explains that areas with a slope greater than 30 percent shall not be included in the allowable area for density calculation, and such area “shall be retained as open space.” The standards further requires that the City must “insure permanent retention of the open space,” by recording a covenant on it.

Of course, The Mesa subdivision long pre-dates these hillside standards, but that does not mean that the standards should be ignored when approving these specific developments. The staff recommendation includes a condition of approval for the 322 site to require “review and approval by the ARC” for the proposed structural wall. These issues should not be deferred for future review; the applicant should be required to submit a satisfactory proposal at the time of project approval.

The Projects Are Part of a Larger Development Proposal of this Applicant While each address is listed as a separate approval and agenda item, there is no mistaking that these two residences are being considered in tandem. For instance, the presentation of mass and scale and the visual simulations of the residences are included together for each item. The applicant and staff recognize that the structures must be considered together to fully and properly evaluate the aesthetic and other impacts of the proposed construction in this sensitive and historic residential area.

It is therefore critical for the Planning Commission to be aware that these properties on Crestview are not the only properties on which this applicant intends to develop homes in the foreseeable future. As the applicant’s representative owner Eric Krut made abundantly clear during the July 20, 2021 Architectural Review Committee (“ARC”) meeting, the ownership owns five lots that are adjacent to each other. As Mr. Krut stated:
“In so much as density affects the residential aspect, we are willing to make a one time offer of reducing the density of this entire project from five lots to four lots.

We will combine the remaining three lots into two lots. This of course is a considerable loss of value and of eventual profit, but in the hopes of minimizing time and expense of this process, which has been significant, since the last meeting . . . I wanted to make that clear to the neighbors listening, and so much as it might affect the perception of this project by the Committee, of our willingness to reduce the density by twenty percent.”
Planning Commission
February 22, 2022

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The parameters of the “one time offer” were not made express, but what is clear is that either two or three additional homes to the two that are before the Planning Commission will be requested by this same applicant, in the foreseeable future. The fact that two or three other homes will be developed by the same applicant in the same vicinity is a relevant consideration for the Planning Commission that has not been addressed by the staff’s analysis.

A member of the ARC raised this issue, noting that previously the ARC had viewed the project as only two homes and now it was clearly a larger project. The applicant did not refute this conclusion, stating:
“I own five lots, and I’m willing to go from five lots to four lots. The construction will certainly impact the neighborhood via noise and road disturbance, of course.

I heard that loud and clear at our first neighborhood meeting, and I’m responding to it, in a very positive and a very costly way. If that’s not appreciated, that’s fine, and we’re fine staying with five lots. It’s certainly a more profitable project for me ultimately. But I thought that was a grand concession, in the large scheme of things.”1
The Planning Commission must therefore consider not only the impacts of constructing the two homes on West Crestview, but the full impact of the acknowledged development project to construct homes on the three other lots owned by this applicant along El Camino Way and Ridge Road.

CEQA Obligation to Review Full Impacts of Proposed Development Plan It has been black letter law nearly since CEQA was enacted by the Legislature that review of a project’s environmental impact requires examination of the environmental impacts of the proposed project and all reasonably foreseeable related development. (See Bozung v. Local Agency Formation Com. (1975) 13 Cal.3d 263, 283-284 [CEQA mandates “that environmental consideration do not become submerged by chopping a large project into many little ones – each with a minimal potential impact on the environment – which cumulatively may have disastrous consequences.”].) In that case, a request that included “only ‘those properties anticipated to be developed in the near future’ indicate[d] that at some point [the developer] intend[ed] to develop a further part or all of its holdings.” (Id., p. 284.) In Arviv Enterprises, Inc. v. South Valley Area Planning Comm. (2002) 101 Cal.App.4th 1333, the court considered an applicant who had serially proposed two house construction projects, multiple times, attempting to mask that the developer planned to construct 21 homes in total, and agreed that the City’s determination to require an environmental impact report was appropriate. (Id., p. 1346.) Even if it were only the two homes that would be developed (and that is not the case), the impacts of construction of both homes must be considered, together. While the reports on each 1 The July 20, 2021 ARC meeting video may be viewed at
https://www.youtube.com/watch?v=iT2V9Mkde9U&list=PLS_Hi1VCi766sgDTtvZDe9XtXzQu mg317&index=81. These comments appear between 33:30 and 36:30.

Planning Commission
February 22, 2022

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item include images and some discussion of the other home, there is no discussion of ways to reduce impacts of construction by either staging construction or ensuring that combined noise impacts will not significantly disturb sensitive receptors like the federally listed endangered species, the Peninsular bighorn sheep. At a minimum, the City must consider the cumulative impacts of the construction of these two homes at the same or similar times, as the approvals expire in two years.

The City has required environmental review for a similar project in the recent past. In 2018 the City prepared a mitigated negative declaration for a request to subdivide a 1.7 acre parcel into two lots for the creation of single-family zoned lots. (See https://www.palmspringsca.gov/home/showdocument?id=58339.) Like the instant proposal, those lots were steep hillside lots. A difference is that that these lots were subdivided long ago, but the environmental impacts of that subdivision were never assessed pursuant to CEQA.

Of course, as set forth above, the applicant has admitted in a public hearing that he fully intends to develop at least two, if not three, additional homes on his property. The subdivision here was created in the 1920s or 30s, well before today’s environmental concerns were known and considered. So while a legal subdivision is no longer required, that does not mean that the environmental impacts of the further development of that subdivision can be ignored. A proposal to develop four or five homes on these hillside properties would certainly not be exempt from environmental review; the Planning Commission should not turn a blind eye to the admitted plans to develop the remainder of the parcels.

The Full Residential Project Does Not Satisfy the Categorical Exemption The proposed resolutions note that the two structures are exempt under CEQA Guidelines section 15303(a), which is a categorical exemption from CEQA review for “[o]ne single-family residence . . . in urbanized areas, up to three single-family residences may be constructed or converted under this exemption.” CEQA defines “urbanized area” as “a central city or group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile.” (CEQA Guidelines § 15387.)
Exemptions to CEQA are narrowly construed and “[e]xemption categories are not to be expanded beyond the reasonable scope of their statutory language.” (Mountain Lion Foundation v. Fish & Game Com. (1976) 16 Cal.4th 105, 125.) While the contours of what constitutes an “urbanized area” may be subject to debate, the project location is most certainly not densely populated or anything like an urban core. More importantly, the project, including the homes that are planned for development on the other parcels, exceed the three single-family home limit on the categorical exemption. Because the scope of exemptions must be strictly construed, and because CEQA forbids “chopping a single project into smaller bits,” the full scope of the potential (and admitted) development plan must be included when evaluating the propriety of this categorical exemption. The categorical exemption is improper and should not be relied upon.

Planning Commission
February 22, 2022

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Categorical Exemption is Additionally Improper Due to Exceptions to the Exemption, Unusual Circumstances, and Cumulative Impacts
Even if the categorical exemption for single-family homes could be properly applied to the project and the other residences planned for the adjacent sites, unusual circumstances make the application of the exemption improper.

CEQA Guidelines section 15300.2(s) provides that “[a] categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” The Supreme Court has explained that “[a] party invoking the exception may establish an unusual circumstance without evidence of an environmental effect, by showing that the project has some feature that distinguishes it from others in the exempt case, such as its size or location. In such a case, to render the exception applicable, the party need only a show a reasonable possibility of a significant effect due to that unusual circumstance.” (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1105.) The determination of whether there is a “reasonable possibility” of a significant environmental effect is determined by application of the “fair argument” standard. (Id. at p. 1115.) The “fair argument” standard has been characterized as setting a “low threshold requirement for initial preparation of an EIR and reflect[ing] a preference for resolving doubts in favor of environmental review when the question is whether any such review is warranted. [Citations.]” (Sierra Club v. County of Sonoma (1992) 6 Cal.App.4th 1307, 1316-1317.)
Here, there is substantial evidence that the project presents unusual circumstances that are not typically present for newly constructed single-family homes. And there is more than a “fair argument” that these unusual circumstances may lead to a significant environmental impact.

Unusual Circumstance: Peninsular Bighorn Sheep Habitat
The project is proposed for construction on hillside property, very close to the edge of the mountainous portion of Palm Springs that is known habitat for the federally endangered Peninsular bighorn sheep. The location of these properties in an area that is known to serve as a grazing and foraging ground for an endangered species is a characteristic that distinguishes these homes from a typical single-family home. That this area is home to bighorn sheep can be established by the testimony of residents who have observed them. Below are photos and videos by residents taken in the immediate vicinity of the parcels slated for future development, just north of the two lots listed in the agenda items. This evidence makes clear that bighorn sheep utilize the area in the immediate vicinity of the proposed development.

Planning Commission
February 22, 2022

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From Ring camera at 356 Ridge Rd. Right click and open in browser to play video.

January 2021, wash behind W. Crestview
Planning Commission
February 22, 2022

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From 355 Ridge Road
From 355 Ridge Road
Planning Commission
February 22, 2022

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Right click and open in browser to play video.

Because the bighorn sheep constitute an “unusual circumstance” from the typical singlefamily home site, the next step is to consider whether the record supports a “fair argument” that a significant impact on the bighorn sheep is a reasonable probable consequence of construction of the project.

CEQA Guidelines Appendix G, the Environmental Checklist Form, provides a tool for local governments to utilize to determine whether a project may have a potentially significant environmental impact. One factor is whether a project will “have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?” The Peninsular bighorn sheep were listed as an endangered species by the U.S. Fish and Wildlife Service in 1998, and the federal government revised its “critical habitat” for Peninsular bighorn sheep in 2007-2009. The 2007 proposed rulemaking that sought comment on proposed critical habitat designations sets forth some of the key characteristics and challenges to this endangered species.2
These sheep occupy moderate to steep open slopes, canyons and washes, ranging from 300 to 4,600 feet in elevation. (Exhibit 1, p. 2.) “A wide range of forage resources and vegetation associations are required by this subspecies to meet annual and drought-related variations in forage quality and availability. . . Valley floors, rolling hills, and alluvial fans and 2 The entire October 10, 2007 Federal Register Notice (72 FR 57740) is included as Exhibit 1 to this letter.

Planning Commission
February 22, 2022

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washes with productive soils provide seasonal vegetations and water resources important to the Peninsular bighorn sheep, especially for ewes during the reproductive season.” (Ibid.) In 2006, it was estimated that there were only 21 sheep in the San Jacinto Mountains near Palm Springs. (Ibid.) Today, the Bighorn Institute estimates that there are roughly 85 sheep, so the population has increased but still remains endangered.

The species is particularly threatened by habitat loss due to construction and development. The U.S. Fish and Wildlife Service noted that “[h]abitat loss (especially in canyon bottoms), degradation, and fragmentation associated with the proliferation of residential and commercial development, roads and highways, water projects, and vehicular and pedestrian recreational uses threaten the Peninsular bighorn sheep throughout its range. (Id. at p. 6.) Moreover, “[d]evelopment adjacent to and within Peninsular bighorn sheep habitat affects the quality and quantity of lower elevation habitat and associated vegetation, alluvial fans, and water sources.” (Id. at p. 7.) The critical habitat designation rulemaking specifically identified lands in Palm Springs as losing significant habitat in the form of low elevation alluvial fans and washes that “provided important sources of nutrients to ewes when they are rearing their lambs.” (Ibid.) The U.S. Fish and Wildlife Service also published a “Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California,” in 2000.3
The Recovery Plan lays out in detail some of the
specific challenges for bighorn sheep, including particularly pregnant and nursing ewes. “Failure to acquire sufficient nutrients during the last two months of gestation and during nursing can adversely affect the survival of newborn ungulates.” (Exhibit 2, p. 8.) “An important consideration in the conservation of Peninsular bighorn sheep is their behavioral response to humans and human activity. Bighorn have been considered a wilderness animal because they do not thrive in contact with human development. . . . Though the effect of human activity in bighorn habitat is not always obvious, human presence or activity in many cases has been found to detrimentally alter normal behavioral and habitat use patterns.” (Id., p. 14.) A study of captive bighorn in 1999 found few lambs born that year survived, and noted that during the lambing season that year, “captive bighorn were observed fleeing from the feeding area in response to construction noise from nearby development projects on multiple occasions. . . . Stress resulting from human disturbance may have played a role in predisposing captive lambs to disease.” (Id., p. 19.) “Habitat loss is a leading cause of current species extinctions and endangerment. It represents a particularly serios threat to Peninsular bighorn sheep because they live in a narrow band of lower elevation habitat that represents some of the most desirable real estate in the California desert and is being developed at a rapid pace.” (Id. at p. 38.) Based upon these scientific studies, there is more than a “fair argument” that construction of two to five homes in an area frequented by the endangered bighorn sheep could have a substantially adverse effect, either directly or by habitat modification, on the bighorn sheep. The habitat in the wash at the rear of the two West Crestview properties is utilized by bighorn sheep, who will likely be deterred from visiting these sites during periods of noisy construction. These kind of disturbances are documented to be particularly detrimental to pregnant or nursing ewes and their lambs. Analysis of the potential impacts on this sensitive species is required and 3 The full Recovery Plan is included as Exhibit 2 to this letter.

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mitigation measures must be imposed to prevent any impacts. For this reason, review under CEQA is required prior to the approval of the projects on West Crestview along with the related adjacent future development.

Unusual Circumstance: Hydrology and Flood Issues
The project’s location presents an additional unusual circumstance: its location in and immediately adjacent to a mapped 100-year floodplain. The map below, while not encompassing the full jurisdiction, shows that the location of a residential development within and next to a mapped flood hazard area is unusual within the City of Palm Springs. The light blue areas on the map are the mapped Special Flood Hazard Areas. Because most homes are not located in these areas, the location of the 310 and 322 West Crestview parcels in the floodplain is an unusual circumstance for purposes of the exceptions to the single family residential exemption.

CEQA Guidelines Appendix G includes multiple questions relevant to the proximity of housing in or near a floodplain, demonstrating that there is a reasonable possibility that construction on the West Crestview properties will have a significant environmental impact.

Planning Commission
February 22, 2022

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Appendix G asks whether the project will “[p]lace housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?” or “[p]lace within a 100-year flood hazard area structures which would impede or redirect flood flows?” Similarly, Appendix G also queries whether the project would “[s]ubstantially alter the existing drainage pattern of the site or area . . . in a manner which would result in flooding on- or off-site?”
In spite of the obvious risk to the safety of life and structures associated with floodplains, the proposed approval defers full study to a later time, an issue discussed in further detail below.

Without specifying the measures taken to address the proximity of the floodplain to these projects, there is a reasonable possibility that the project’s location in and near the mapped floodplain will lead to significant environmental impacts, making reliance on the exemption improper.

Environmental Resource Exception
CEQA Guidelines section 15300.2(a) provides that the Class 3 exemption for singlefamily homes may not be applied “where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.” In Salmon Protection & Watershed Network v. County of Marin (2004) 125 Cal.App.4th 1098, the court held that construction of only one single-family home was not exempt from CEQA because the home site was adjacent to a protected anadromous fish stream within a stream conservation area. (Id., pp. 1106-1107.) Moreover, relying on project conditions or mitigation measures in order to state that the project had no environmental impact was an improper basis for a CEQA exemption. (Id., pp. 1107- 1108.)
The Peninsular bighorn sheep is, as discussed above, a specific environmental resource that has been designated as an endangered species. The species is known to occupy the area where the proposed projects are to be constructed.

In addition, as discussed in more detail below, at least a portion of the project is slated to be constructed in the mapped flood hazard area, which is a hazardous resource that is precisely mapped, meeting the specific terms of the above quoted exception. The project cannot rely on the Class 3 exemption because of the location of these residences adjacent and within the mapped flood hazard area.

Cumulative Impact: Future Development
CEQA Guidelines section 15300.2(b) prohibits reliance on an exemption when “the cumulative impact of successive projects of the same type in the same place, over time is significant.” While it is most appropriate to consider the construction of the five lots that applicant owns and has clearly stated an intent to develop as part of the singular project to be evaluated by the City, at a minimum the cumulative impact of the construction of these four or five homes would render reliance on the exemption improper. Particularly where construction impacts are so disturbing to a sensitive endangered species like the bighorn sheep, the Planning Commission
February 22, 2022

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cumulative impacts of successive construction must be addressed, and the use of an exemption is improper.

Flooding and Hydrology Must Be Fully Addressed Prior to Approval There can be no doubt that the two West Crestview properties are located just beyond the demarcation line where floodplain studies have not yet extended. The images below are of flood waters rushing down El Camino Way downstream of the demarcation line, in the special flood hazard area, illustrating the significant quantity of flood water that moves through this area directly downhill from the proposed homes.

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February 22, 2022

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Planning Commission
February 22, 2022

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The image below is taken from FEMA’s Flood Map Service Center, searching for 310 West Crestview by address.

As the image above demonstrates, the official mapped flood hazard abruptly stops at the “limit of study” right on the 310 West Crestview parcel. Utilizing the mapping tool, it is possible to measure the depth of the official mapped flood hazard area onto that parcel, below.

Planning Commission
February 22, 2022

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The flood hazard area extends 42.2 feet into the site. However, the plans for the residence on 310 West Crestview show only a 41 foot setback in this very same area.

Planning Commission
February 22, 2022

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The proposed project on 310 West Crestview requests construction directly in the area of special flood hazard pursuant to Palm Springs Municipal Code section 8.68.060 and 8.68.070.

Projects proposed in the special flood hazard area require an “area of special flood hazard development permit” before “any construction or other development . . . within any area of special flood hazard.” (PSMC, § 8.68.150.) The permit requirements are numerous and detailed.

Instead of requiring compliance with these conditions prior to approval, the proposed conditions of approval require the submission of a hydrology study in the future. This condition notes that the hydrology study may require redesign or changes to the layout of the proposed project. Given the general emphasis placed on the design and appearance of the structure in this process, it is unacceptable that the approval can be finalized prior to the completion of a review process for a project located in the flood hazard area, where that review may result in changes to the project’s layout and appearance.

Moreover, under the circumstances where the “line of study” terminates prior to reaching the 322 West Crestview parcel, the Municipal Code authorizes the City Engineer to require additional study. Section 8.68.070 provides the “basis for establishing the areas of special flood hazard,” and notes that the FEMA map “is the minimum area of applicability of this chapter, and may be supplemented by studies for other areas.” Clearly, the flood hazard does not commence abruptly at the line of study, and if new development is proposed on 322 West Crestview, and likely to be proposed on the applicant’s properties off of El Camino Way, additional study should be required prior to proceeding.

CONCLUSION
Members of The Mesa Neighborhood Organization respectfully request that the Planning Commission deny the requested Major Architectural Modification and Administrative Minor Modification applications so that the whole of the planned development in these locations can be comprehensively evaluated as required by CEQA. In addition, compliance with the City’s special flood hazard rules is required prior to the finalization of development plans for these sites.

Yours truly,
Beverly Grossman Palmer
Exhibit 1
57740 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AV09
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for the Peninsular Bighorn
Sheep (Ovis canadensis nelsoni) and
Proposed Taxonomic Revision
AGENCY: Fish and Wildlife Service,
Interior.

ACTION: Proposed rule.

SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), propose to
revise currently designated critical
habitat for the Peninsular bighorn sheep
(Ovis canadensis nelsoni) under the
Endangered Species Act of 1973, as
amended (Act). In total, approximately
384,410 acres (ac) (155,564 hectares
(ha)) of land in Riverside, San Diego,
and Imperial counties, California, fall
within the boundaries of the proposed
revised critical habitat designation. Of
the area proposed as revised critical
habitat, approximately 4,512 ac (1,826
ha) of land are Tribal; 93,720 ac (37,927
ha) are Federal; 249,840 ac (101,107 ha)
are State; 35,824 ac (14,497 ha) are
private; and 514 ac (208 ha) are local.

We are proposing to exclude from the
final designation, under section 4(b)(2)
of the Act, approximately 4,512 ac
(1,826 ha) of Agua Caliente Band of
Cahuilla Indians Tribal land. We are
also evaluating and considering the
possible exclusion of approximately
19,211 ac (7,774 ha) of private land
covered under the draft Coachella
Valley Multiple Species Habitat
Conservation Plan. Further, we are
acknowledging a taxonomic change to
the species and are proposing a
taxonomic revision of the listed entity
from distinct population segment (DPS)
of species Ovis canadensis, to DPS of
subspecies Ovis canadensis nelsoni.

DATES: We will accept comments from
all interested parties until December 10,
2007. We must receive requests for
public hearings, in writing, at the
address shown in the ADDRESSES section
by November 26, 2007.

ADDRESSES: If you wish to comment on
this proposed rule, you may submit
your comments and materials
concerning by any one of several
methods:

1. By mail or hand-delivery to: Jim
Bartel, Field Supervisor, U.S. Fish and
Wildlife Service, Carlsbad Fish and
Wildlife Office, 6010 Hidden Valley
Road, Carlsbad, CA 92011.

2. By electronic mail (e-mail) to:
[email protected]. Please see
the Public Comments Solicited section
below for other information about
electronic filing.

3. By fax to: the attention of Jim Bartel
at 760–431–5901.

4. Via the Federal eRulemaking Portal
at: http://www.regulations.gov. Follow
the instructions for submitting
comments.

FOR FURTHER INFORMATION CONTACT: Jim
Bartel, Field Supervisor, Carlsbad Fish
and Wildlife Office, 6010 Hidden Valley
Road, Carlsbad, CA 92011; telephone
760–431–9440 ; facsimile 760–431–
5901. If you use a telecommunications
device for the deaf (TDD), call the
Federal Information Relay Service
(FIRS) at 800–877–8339.

SUPPLEMENTARY INFORMATION:

Public Comments
We intend that any final action
resulting from this proposal to revise the
current critical habitat designation for
the Peninsular bighorn sheep will be as
accurate and as effective as possible.

Therefore, we request comments or
suggestions on this proposed rule. We
particularly seek comments concerning:
(1) The reasons why we should or
should not designate habitat as ‘‘critical
habitat’’ under section 4 of the Act (16
U.S.C. 1531 et seq.), including whether
there are threats to the subspecies from
human activity, the degree of which can
be expected to increase due to the
designation, that outweigh the benefit of
designation, such that the designation of
critical habitat is not prudent, and
whether there are areas we previously
designated, but are not proposing for
revised designation here, that should be
designated as critical habitat;
(2) Specific information on the
amount and distribution of Peninsular
bighorn sheep habitat, what areas
occupied at the time of listing and that
contain features essential for the
conservation of the subspecies we
should include in the designation and
why, and what areas not occupied at the
time of listing are essential for the
conservation of the subspecies and why;
(3) The appropriateness of the
proposed exclusion of approximately
4,512 ac (1,826 ha) of Peninsular
bighorn sheep habitat from the final
designation in consideration of
Secretarial Order 3206, ‘‘American
Indian Tribal Rights, Federal Tribal
Trust Responsibilities, and the
Endangered Species Act’’ (June 5, 1997);
the President’s memorandum of April
29, 1994, ‘‘Government-to-Government
Relations with Native American Tribal
Governments’’ (59 FR 22951); Executive
Order 13175; and the relevant provision
of the Departmental Manual of the
Department of the Interior (512 DM 2)
(see ‘‘Proposed Exclusion of Agua
Caliente Band of Cahuilla Indians Tribal
Lands Under Section 4(b)(2) of the Act’’
for a detailed discussion); specifically
any additional information regarding
the benefits of including these Tribal
lands in the designation or of excluding
these lands from the designation;
(4) The appropriateness of the
possible exclusion of approximately
19,211 acres (ac) (7,774 hectares (ha)) of
Peninsular bighorn sheep habitat from
the final designation based on the
benefits to the conservation of the
subspecies and its PCEs provided by the
draft Coachella Valley Multiple Species
Habitat Conservation Plan (MSHCP) (see
‘‘Areas Considered for Exclusion Under
Section 4(b)(2) of the Act’’ for a detailed
discussion), specifically any additional
information on the benefits of including
land covered by the draft Coachella
Valley Multiple Species Habitat
Conservation Plan in the designation or
of excluding these lands from the
designation. At this time we are only
considering private lands under the
draft Coachella Valley MSHCP for
exclusion and soliciting comment on
the appropriateness of excluding
California Department of Fish and
Game, and Bureau of Land Management
lands as Memorandum of
Understanding partners to the MSHCP;
(5) Land use designations and current
or planned activities in the subject areas
and their possible impacts on proposed
revised critical habitat;
(6) Any foreseeable economic,
national security, or other potential
impacts resulting from the proposed
revised designation and, in particular,
any impacts on small entities, and the
benefits of including or excluding areas
that exhibit these impacts; and
(7) Whether we could improve or
modify our approach to designating
critical habitat in any way to provide for
greater public participation and
understanding, or to better
accommodate public concerns and
comments.

You may submit your comments and
materials concerning this proposal by
one of several methods (see ADDRESSES).

If you use e-mail to submit your
comments, please include ‘‘Attn:

Peninsular bighorn sheep’’ in your
e-mail subject header, preferably with
your name and return address in the
body of your message. If you do not
receive a confirmation from the system
that we have received your e-mail,
contact us directly by calling our
Carlsbad Fish and Wildlife Office at
760–431–9440. Please note that we must
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57741 receive comments by the date specified
in the DATES section in order to consider
them in our final determination.

Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.

While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.

Comments and materials we receive,
as well as supporting documentation we
used in the preparation of this proposed
rule, will be available for public
inspection, by appointment, during
normal business hours at the Carlsbad
Fish and Wildlife Office, 6010 Hidden
Valley Road, Carlsbad, CA 92011
(telephone 760–431–9440).

Background
In this proposed rule, it is our intent
to discuss only those topics directly
relevant to the revision of designated
critical habitat for the Peninsular
bighorn sheep and the proposed
taxonomic revision of the current listed
entity. For more information on the
biology, and ecology of the Peninsular
bighorn sheep, refer to the final listing
rule published in the Federal Register
on March 18, 1998 (63 FR 13134), and
the proposed and final critical habitat
rules published in the Federal Register
on July 5, 2000, and February 1, 2001,
respectively (65 FR 41405 and 66 FR
8650).

In the 1998 final listing rule,
Peninsular bighorn sheep were listed as
a distinct population segment (DPS) of
the species Ovis canadensis. As stated
in the 2001 critical habitat rule, based
on morphometric and genetic analysis,
Wehausen and Ramey (1993, p. 9)
synonymized Peninsular bighorn sheep
with the subspecies nelsoni, which is
the current taxonomy. Although we
accepted this taxonomy at the time of
the designation in 2001, we have yet to
formally revise the taxonomy of the
listed entity. Therefore, we are formally
proposing a taxonomic revision to
amend the final listing rule from a DPS
of the species Ovis canadensis, to a DPS
of the subspecies Ovis canadensis
nelsoni. Therefore, within this proposed
critical habitat rule we will refer to the
listed entity as a subspecies and not a
species. The taxonomic revision does
not materially affect discreteness and
significance of the Peninsular bighorn
sheep as a DPS entity. As stated in the
final listing rule (63 FR 13134),
regardless of taxonomic issues
surrounding this species at the time of
listing, the biological evidence supports
recognition of Peninsular bighorn sheep
as a distinct vertebrate population
segment in the Service’s Recognition of
Distinct Vertebrate Population Segments
(DPS) (61 FR 4722). For a detailed
discussion of the DPS analysis for
Peninsular bighorn sheep, see the
Distinct Vertebrate Population Segment
section of the final listing rule.

Peninsular bighorn sheep (a large
mammal in the family Bovidae)
occupying the Peninsular Ranges of
southern California were determined, at
the time of listing in 1998, to be a
distinct vertebrate population segment
(DPS) of bighorn sheep based on their
geographic isolation and separation
from other desert bighorn sheep (63 FR
13134; March 18, 1998). Peninsular
bighorn sheep occur on moderate to
steep (greater than 20 percent) (NRCS
1993, p. 66) open slopes, canyons, and
washes in hot and dry desert regions of
the Peninsular Ranges of southern
California in Riverside, San Diego, and
Imperial counties (66 FR 8650; February
1, 2001). Peninsular bighorn sheep use
several different habitat types,
elevations, and slopes depending on
seasonal environmental conditions and/
or their life history stage. The 2001 final
critical habitat rule (66 FR 8650) stated
that most Peninsular bighorn sheep live
between 300 and 4,000 feet (ft) (91 and
1,219 meters (m)) in elevation. Upon
review of available literature, we now
believe 4,600 ft (1,400 m) (below
forested vegetation) is a more widely
accepted upper elevational limit in the
Peninsular Ranges (Jorgensen and
Turner 1975, p. 51; DeForge et al. 1997,
p. 11; Rubin et al. 1998, p. 541; Ernest
et al. 2002, p. 76). Desert bighorn sheep
are frequently found on slopes greater
than 20 percent (Elenowitz 1983, p. 87;
Andrew and Bleich 1999, p. 13; Dunn
1996, p. 5), and our Geographic
Information System (GIS) records and
occurrence data confirm this
observation for Peninsular bighorn
sheep. Steep terrains with slopes of 60
percent or greater used for predator
evasion and lambing are a crucial
component of Peninsular bighorn sheep
habitat (Dunn 1996, p. 1; Service 2000,
p. 6). Peninsular bighorn sheep will use
caves and rock outcrops for shelter
during inclement weather and for shade
during summer months. Bighorn sheep
are primarily diurnal (Krausman et al.
1985, p. 25), but Peninsular bighorn
sheep may be active at any time of day
or night (Miller et al. 1984, p. 24). A
wide range of forage resources and
vegetation associations are required by
this subspecies to meet annual and
drought-related variations in forage
quality and availability. In a study of
Peninsular bighorn sheep, Scott (1986,
p. 21) found that diets were dominated
by shrub species, while grasses and
forbs species made up a smaller portion
of the Peninsular bighorn sheep’s diet
depending on the season. Valley floors,
rolling hills, and alluvial fans and
washes with productive soils provide
seasonal vegetation and water resources
important to the Peninsular bighorn
sheep, especially for ewes during the
reproductive season (Service 2000, p. 8).

Please see the ‘‘Primary Constituent
Elements’’ section of this proposed rule
for a detailed discussion of the habitat
requirements of this subspecies.

At the time of listing (1998),
Peninsular bighorn sheep were known
to occupy habitat along the Peninsular
Mountain Ranges from the San Jacinto
Mountains of southern California into
the Volcan Tres Virgenes Mountains in
Baja California, Mexico (63 FR 13134;
March 18, 1998). Population estimates
at the time indicated approximately 280
Peninsular bighorn sheep existed within
the United States, divided amongst
approximately 8 subpopulations or ewe
groups (63 FR 13134; March 18, 1998).

At the time of the final critical habitat
designation in 2001, a range-wide
census estimated approximately 400
Peninsular bighorn sheep existed within
the United States (Torres 2000, p. 1). We
have extensive occurrence data
documenting bighorn sheep within the
entire range identified in the listing
rule. Population estimates for 2006,
derived from data collected by the
Bighorn Institute, California Department
of Fish and Game (CDFG), and Anza
Borrego Desert State Park, indicate
approximately 793 adult and yearling
Peninsular bighorn sheep exist within
the United States (Torres 2007).

Population estimates for various regions
within the Peninsular Ranges in 2006
are as follows: San Jacinto Mountains,
21; North Santa Rosa Mountains, 49;
Central Santa Rosa Mountains, 163;
South Santa Rosa Mountains, 179;
Coyote Canyon, 42; North San Ysidro
Mountains, 79; South San Ysidro
Mountains, 38; Vallecito and Fish Creek
Mountains, 77; and Carrizo Canyon, 145
(Torres 2007).

A captive breeding program has been
maintained by the Bighorn Institute
since 1984 in cooperation with CDFG,
the Bureau of Land Management (BLM),
and the Service (Ostermann et al. 2001,
p. 751). Originally instituted to conduct
disease research on low lamb survival,
the captive breeding program was
formalized in 1995, with the goals of
safeguarding a sample of the Peninsular
bighorn sheep gene pool and
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57742 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules augmenting and reestablishing wild
populations (Ostermann et al. 2001, p.
751). Captive-bred Peninsular bighorn
sheep have been released in the
northern Santa Rosa Mountains and the
San Jacinto Mountains (Ostermann et al.
2001, p. 751), areas historically
occupied by the subspecies.

Within the Peninsular Ranges, habitat
is patchy, and the sheep populations are
naturally fragmented (Bleich et al. 1990,
p. 386; Rubin et al. 1998, p. 547). Male
and female bighorn sheep remain
loosely segregated much of the year and
come together during the breeding
period or rut (Bleich et al. 1997, p. 7).

In the Peninsular Ranges, the rut occurs
in the late summer and fall months
(Service 2000, p. 15), peaking from
August to October (Rubin et al. 2000, p.
774). As parturition (giving birth)
approaches, ewes seek isolated sites
(escape terrain) with shelter and
unobstructed views (Turner and Hansen
1980, p. 148), seclude themselves from
other females, and find sites to give
birth (Geist 1971, p. 239; Etchberger and
Krausman 1999, p. 358). Ewes usually
give birth to one lamb after an
approximately 6-month gestation period
(Geist 1971, p. 239; Turner and Hansen
1980, p. 146). During the period of
sexual segregation, ewes and their lambs
are typically found in steeper, more
secure habitat, while rams inhabit less
steep or less rugged terrain (Geist 1971,
p. 239; Bleich et al. 1997, p. 23).

Previous Federal Actions
On February 1, 2001, we designated
approximately 844,897 ac (341,919 ha)
of land in Riverside, San Diego, and
Imperial counties, California, as critical
habitat. The designation followed the
Service’s release of the final Recovery
Plan for Bighorn Sheep in the
Peninsular Ranges, California (dated
October 25, 2000). On March 7, 2005,
the Agua Caliente Band of Cahuilla
Indians filed a complaint against the
Service alleging that the economic
analysis developed for our 2001
designation used a methodology similar
to that ruled to be insufficient by the
Tenth Circuit Court in New Mexico
Cattle Growers Association v. U.S. Fish
and Wildlife Service, 248 F.3d 1277
(10th Cir. 2001). Other parties
subsequently intervened as plaintiffs in
the case. A July 31, 2006, courtapproved consent decree enacted a limited partial vacatur of Tribal, mining,
and Desert Riders lands (29,925 ac
(12,110 ha)) and remanded the critical
habitat designation back to the Service
for new rulemaking. Publication of this
proposed revision of critical habitat
satisfies our obligation under the
consent decree to submit a revised
proposed rule to the Federal Register on
or before September 30, 2007. The final
rule is due to the Federal Register on or
before September 30, 2008. For more
information on previous Federal actions
concerning the Peninsular bighorn
sheep, refer to the final listing rule
published in the Federal Register on
March 18, 1998 (63 FR 13134), and the
designation of critical habitat for the
Peninsular bighorn sheep published in
the Federal Register on February 1,
2001 (66 FR 8650).

Critical Habitat
Critical habitat is defined in section 3
of the Act as:
(1) The specific areas within the
geographical area occupied by a species,
at the time it is listed in accordance
with the Act, on which are found those
physical or biological features
(a) Essential to the conservation of the
species and
(b) That may require special
management considerations or
protection; and
(2) Specific areas outside the
geographical area occupied by a species
at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species.

Conservation, as defined under
section 3 of the Act, means the use of
all methods and procedures that are
necessary to bring any endangered
species or threatened species to the
point at which the measures provided
under the Act are no longer necessary.

Critical habitat receives protection
under section 7 of the Act through the
prohibition against Federal agencies
carrying out, funding, or authorizing the
destruction or adverse modification of
critical habitat. Section 7(a)(2) of the Act
requires consultation on Federal actions
that may affect critical habitat. The
designation of critical habitat does not
affect land ownership or establish a
refuge, wilderness, reserve, preserve, or
other conservation area. Such
designation does not allow the
government or public to access private
lands. Such designation does not
require implementation of restoration,
recovery, or enhancement measures by
the landowner. Where the landowner
seeks or requests federal agency funding
or authorization that may affect a listed
species or critical habitat, the
consultation requirements of Section
7(a)(2) would apply, but even in the
event of a destruction or adverse
modification finding, the landowner’s
obligation is not to restore or recover the
species, but to implement reasonable
and prudent alternatives to avoid
destruction or adverse modification of
critical habitat.

For inclusion in a critical habitat
designation, habitat within the
geographical area occupied by the
species at the time it was listed must
first have features that are essential to
the conservation of the species. Critical
habitat designations identify, to the
extent known using the best scientific
data available, habitat areas that provide
essential life cycle needs of the species
(areas on which are found the primary
constituent elements, as defined at 50
CFR 424.12(b)).

Occupied habitat that contains the
features essential to the conservation of
the species meets the definition of
critical habitat only if its essential
features may require special
management considerations or
protection.

Under the Act, we can designate
unoccupied areas as critical habitat only
when we determine that the best
available scientific data demonstrate
that the designation of that area is
essential to the conservation needs of
the species.

Section 4 of the Act requires that we
designate critical habitat on the basis of
the best scientific and commercial data
available. Further, our Policy on
Information Standards Under the
Endangered Species Act (published in
the Federal Register on July 1, 1994 (59
FR 34271)), the Information Quality Act
(section 515 of the Treasury and General
Government Appropriations Act for
Fiscal Year 2001 (Pub. L. 106–554; H.R.
5658)), and our associated Information
Quality Guidelines provide criteria,
establish procedures, and provide
guidance to ensure that our decisions
are based on the best scientific data
available. They require our biologists, to
the extent consistent with the Act and
with the use of the best scientific data
available, to use primary and original
sources of information as the basis for
recommendations to designate critical
habitat.

When we are determining which areas
should be proposed as critical habitat,
our primary source of information is
generally the information developed
during the listing process for the
species. Additional information sources
may include the recovery plan for the
species, articles in peer-reviewed
journals, conservation plans developed
by States and counties, scientific status
surveys and studies, biological
assessments, or other unpublished
materials and expert opinion or
personal knowledge.

Habitat is often dynamic, and species
may move from one area to another over
time. Furthermore, we recognize that
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57743 designation of critical habitat may not
include all of the habitat areas that we
may eventually determine, based on
scientific data not now available to the
Service, are necessary for the recovery
of the species. For these reasons, a
critical habitat designation does not
signal that habitat outside the
designated area is unimportant or may
not be required for recovery of the
species.

Areas that support populations, but
are outside the critical habitat
designation, will continue to be subject
to conservation actions we implement
under section 7(a)(1) of the Act. They
are also subject to the regulatory
protections afforded by the section
7(a)(2) jeopardy standard, as determined
on the basis of the best available
scientific information at the time of the
agency action. Federally funded or
permitted projects affecting listed
species outside their designated critical
habitat areas may still result in jeopardy
findings in some cases. Similarly,
critical habitat designations made on the
basis of the best available information at
the time of designation will not control
the direction and substance of future
recovery plans, habitat conservation
plans (HCPs), or other species
conservation planning efforts if new
information available to these planning
efforts calls for a different outcome.

Methods
As required by section 4(b) of the Act,
we used the best scientific data
available in determining areas occupied
at the time of listing that contain the
features essential to the conservation of
the Peninsular bighorn sheep, and areas
unoccupied at the time of listing that are
essential to the conservation of the
Peninsular bighorn sheep, or both.

Material reviewed included information
from the final listing rule (63 FR 13134;
March 18, 1998) and final critical
habitat rule (66 FR 8650; February 1,
2001), information and survey
observations published in peerreviewed literature and provided in academic theses and agency reports;
location data and survey information
provided in agency status and
monitoring reports and on GIS maps;
habitat analysis and other information
provided in the Peninsular bighorn
sheep recovery plan (Service 2000);
material submitted during section 7
consultations; data made available
through members of the Peninsular
Bighorn Sheep Recovery Team,
Coachella Valley Multiple Species
Habitat Conservation Plan program, and
Agua Caliente Band of Cahuilla Indians
Tribal Habitat Conservation Plan
program; and regional GIS coverages.

We are not proposing any areas outside
the geographical area presently
occupied by the Peninsular bighorn
sheep as revised critical habitat because
presently occupied areas are sufficient
for the conservation of the subspecies.

Primary Constituent Elements
In accordance with section 3(5)(A)(i)
of the Act and the regulations at 50 CFR
424.12, in determining which areas
occupied at the time of listing to
propose as critical habitat, we consider
the primary constituent elements (PCEs)
to be those physical and biological
features that are essential to the
conservation of the species and that may
require special management
considerations or protection. These
include, but are not limited to:
(1) Space for individual and
population growth and for normal
behavior;
(2) Food, water, air, light, minerals, or
other nutritional or physiological
requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, or
rearing (or development) of offspring;
and
(5) Habitats that are protected from
disturbance or are representative of the
historic geographical and ecological
distributions of a species.

We derive the specific primary
constituent elements (PCEs) required for
the Peninsular bighorn sheep from its
biological needs.

Space for Individual and Population
Growth and for Normal Behavior
Peninsular bighorn sheep occur on
moderately steep to very steep open
slopes, canyons, and washes in hot and
dry desert regions where the land is
rough and rocky, and sparsely vegetated
(66 FR 8650; February 1, 2001). This
subspecies is primarily restricted to the
east-facing lower elevation slopes
(generally below 4,600 ft (1,400 m)) of
the Peninsular Ranges along the
northwestern edge of the Sonoran Desert
(Jorgensen and Turner 1975, p. 51;
DeForge et al. 1997, p. 11; Rubin et al.
1998, p. 541; Ernest et al. 2002, p. 76).

A wide range of topography provides a
diversity of habitats and plant
communities across the mountainous
slopes, canyons, washes, and alluvial
fans within the home range of the
Peninsular bighorn sheep (Service 2000,
p. 156). This diverse topography is
necessary to provide shelter from the
elements and predators, areas for
rearing, areas used to meet thermal
requirements, seasonal water and forage
sources, and space for mating and
movement of this subspecies.

Diverse topographic features are
especially important because of the
extreme temperatures Peninsular
bighorn sheep must cope with in this
desert region. During hot weather,
desert bighorn sheep seek shade under
boulders and cliffs, or move to northfacing slopes (Merritt 1974, p. 14; Andrew 1994, p. 52). In the event of
inclement weather they may seek
protected caves or overhangs, or move
to sunny, south-facing slopes (Andrew
1994, p. 52), or slopes that are protected
from strong winds. According to GIS
data and occurrence records, Peninsular
bighorn sheep largely utilize habitat
with 20 to 60 percent slopes, broken by
canyons and washes. The preference for
slopes greater than 20 percent has been
shown in other populations of desert
sheep as well (Andrew 1994, p. 53).

Nighttime bedding areas are chosen
carefully according to the topography of
the habitat and may be considered a
limiting factor in bighorn sheep
distribution (Hansen 1980, p. 78). These
bedding areas are usually located along
ridges and spurs with long distance
visibility where bighorn sheep can
escape if necessary in a matter of
seconds (Hansen 1980, p. 78).

Generally, bighorn sheep primarily
rely on their sense of sight to detect
predators. They prefer the lower
elevations of the Peninsular Ranges
where the vegetation associations are
less dense and provide better visibility
than those at higher elevations.

Research has shown that bighorn sheep
will avoid habitat in which dense
vegetation reduces visibility and
regularly use habitat with vegetative
canopy cover less than or equal to 30
percent (Risenhoover and Bailey 1985,
p. 799; Etchberger et al. 1989, p. 906;
Dunn 1996, p. 1). Bighorn sheep in the
Peninsular Ranges avoid higher
elevations (above 4,600 ft (1,400 m)),
likely due to decreased visibility (and
therefore increased predation risk)
associated with the denser vegetation
(chaparral and conifer woodland) found
at higher elevations (Service 2000,
p. 10).

Along with occupying open habitat,
bighorn sheep also use very steep,
precipitous terrain for predator evasion
(Service 2000, p. 6). Bighorn sheep use
their climbing abilities rather than
speed to escape from predators, and
mountainous slopes of greater than or
equal to 60 percent (escape habitat) are
steep enough to provide this function
(Andrew 1994, p. 57; Dunn 1996, p. 1;
McKinney et al. 2003, p. 1231; Service
2000, p. 6). Very steep escape habitat is
also used for lambing (Service 2000, p.
6). As parturition approaches, ewes seek
isolated sites (escape terrain with slopes
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57744 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 60 percent or greater) with shelter and
unobstructed views (Turner and Hansen
1980, p. 148), and seclude themselves
from other females while finding sites to
give birth (Geist 1971, p. 239; Etchberger
and Krausman 1999, p. 358). Ewes
usually give birth to one lamb born after
an approximately 6-month gestation
period (Geist 1971, p. 239; Turner and
Hansen 1980, p. 146). These areas of
steep and very steep terrain are vital to
Peninsular bighorn sheep because lambs
have increased vulnerability to
predation, and these protective slopes
are rarely visited by predators (Geist
1971, p. 239). Ewe groups with lambs
usually stay close to escape terrain,
while feeding on lower gradient slopes.

Berger (1991, p. 72) reported that when
feeding on bajadas (compound alluvial
fans) or away from escape terrain, ewes
and lambs were more than three times
more vulnerable to predation. Predators
of Peninsular bighorn sheep include
mountain lion, bobcat, and coyote
(Hayes et al. 2000, p. 954; 66 FR 8650).

Metapopulation Structure
Within desert mountain ranges like
the Peninsular Ranges, bighorn sheep
habitat is patchy, and the population
structure is naturally fragmented (Bleich
et al. 1990, p. 384). This fragmentation
has led to the application of a broad
landscape approach to their population
ecology, grouping geographically
distinct herds into metapopulations,
which are networks of interacting ewe
groups or subpopulations (Schwartz et
al. 1986, pp. 182–183; Bleich et al. 1990,
p. 386). This approach considers longterm viability not of individual subpopulations, but rather of entire
metapopulations; thus both genetic and
demographic factors are considered.

Decreasing population sizes can lead to
decreasing levels of heterozygosity that
may have negative demographic effects
through inbreeding depression (Lande
1988, p. 1,456) and loss of adaptability.

A small amount of genetic exchange
among herds by movements of males
can counteract inbreeding and
associated increases in homozygosity
that might otherwise develop within
small, isolated populations (Schwartz et
al. 1986, p. 185). Males have larger
home ranges and have a much greater
tendency than females to explore new
areas, which they may do in search of
females during the mating season. If
geographic distances between female
groups within metapopulations are not
extreme (greater than 31 miles (mi) 50
kilometers (km) (Witham and Smith
1979, p. 24)), and no insurmountable
barriers exist, movement by males
occurs readily. If movement is
precluded by human-constructed
obstacles, populations will become
isolated and the metapopulation
structure dismantled.

A study of Peninsular bighorn sheep
distribution and abundance by Rubin et
al. (1998, p. 545) concluded that ewes
exhibit a fragmented distribution within
the Peninsular Ranges making up at
least eight ewe groups or
subpopulations. It is suggested that
although the distribution of these ewe
groups could be considered naturally
fragmented, construction and use of
roads through bighorn sheep habitat
may have increased fragmentation
within the Peninsular Ranges because
ewes avoided crossing highways (Rubin
et al. 1998, p. 547). Ewes show strong
gregarious and philopatric behavior
(faithful to natal home range), which
limits their dispersal abilities (Boyce et
al. 1999, p. 99; Service 2000, p. 10).

Movement of ewes between ewe groups
appears infrequent, but direct
observation and aerial-telemetry
locations and genetic analysis revealed
ram movement between up to three ewe
groups (Boyce et al. 1999, p. 99; Rubin
et al. 1998, pp. 543–544).

Substructuring also can occur within
single herds (ewe groups) of bighorn
sheep (Festa-Bianchet 1986, pp. 327–
330; Andrew et al. 1997, pp. 74–75;
Rubin et al. 1998, pp. 543–548). Such
substructuring is defined by separate
home range patterns. Although
demonstrated more with females, it can
occur in both sexes.

Another important long-term process
in metapopulation dynamics is the
balance between rates of natural
extinction and colonization among
subpopulations. Colonization rates must
exceed extinction rates for a
metapopulation to persist (Hanski and
Gilpin 1991, pp. 8–9). In recent history
this balance has not occurred for
Peninsular bighorn sheep due to
fragmentation, disease, predation, and
low recruitment (Rubin et al. 1998, pp.
545–547; Rubin et al. 2002, p. 803–805).

In addition to fragmentation, remaining
subpopulations consist of small,
isolated groups of bighorn sheep. Small
groups are more vulnerable to
extirpation due to random naturally
occurring events, disease, or predation
because of their small population size.

Local extinction of small
subpopulations can be prevented by
occasional immigrants from neighboring
subpopulations (rescue effect) (Brown
and Kodric-Brown 1977, p. 445).

Because of the metapopulation
structure of the Peninsular bighorn
sheep population, it is important for
genetic exchange and the conservation
of the subspecies to ensure space for
movement and connectivity between
ewe groups. Furthermore, maintaining
connectivity within the metapopulation
will help safeguard against local
extinctions of the remaining
subpopulations.

Food
A wide range of forage resources and
vegetation associations are required by
Peninsular bighorn sheep to meet
annual and drought-related variations in
forage quality and availability (Hansen
1980, p. 76). Valley floors, rolling hills,
and alluvial fans and washes with
productive soils provide seasonal
vegetation and water resources
important to the Peninsular bighorn
sheep. In a mountainous environment
like the Peninsular Ranges, temperature
and soil moisture vary widely with
slope and elevation. This causes
variation in plant growth throughout
this subspecies’ habitat on a seasonal
basis. Peninsular bighorn sheep need to
have access to the seasonal abundance
of plant life at various elevations to
maximize resources and survive in the
desert environment. Berger (1991, p. 70)
found that bighorn sheep adjusted their
feeding ranges to exploit more nutritive
portions of their home ranges, such as
bajadas, early in the season when high
protein grasses were emerging. Due to
the high energetic costs of pregnancy
and lactation, ewes are especially
dependent on areas with nutritious
forage to increase success of rearing
offspring (Service 2000, p. 8). Berbach
(1987, p. 97) reported that when ewes
were confined to an enclosure and
prevented from using all vegetation
associations during late gestation and
early lactation, they and their lambs
died of malnutrition. During the
reproductive season for Peninsular
bighorn sheep, ewe foraging is typically
concentrated on specific sites, such as
alluvial fans, bajadas, and washes,
where more productive, wetter soils
support greater herbaceous growth than
steeper, drier, rockier soils (Service
2000, p. 8). There is a tendency for
plants that dry out during summer
months on the mountain sides to remain
green longer (and thus more nutritious,
higher in protein, and more easily
digested) because groundwater is
generally closer to the surface and in
greater quantity. Furthermore, the
greater soil moisture supports a suite of
nutritious plants that do not grow on the
dry mountain sides. Therefore, washes
and alluvial fans play an important role
in allowing desert bighorn sheep to
acquire quality forage during the heat of
summer months and through times of
drought.

In a study of Peninsular bighorn
sheep, Scott (1986, p. 21) found that
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57745 diets were dominated by shrub species
(64 to 76 percent), with grasses and
forbs species making up a smaller
portion of the diet (19 to 30 percent and
2 to 6 percent, respectively). In the
following section, plant nomenclature
has been updated to conform to
treatments in Hickman (1993). Common
names generally conform with those
given in Hickman (1993) and/or Abrams
et al. (1992–1960). Cited scientific
names are retained in brackets for ease
of reference. Foraging studies by Scott
(1986, p. 21) and Cunningham (1982, p.
31) noted that Peninsular bighorn sheep
preferentially feed on different plants
seasonally. Shrubs such as Ambrosia
dumosa (burro bush), Caesalpinia
virgata [Hoffmannseggia microphylla]
(small-leaved Hoffmannseggia), Hyptis
emoryi (desert lavender), Sphaeralcea
spp. (globemallow), and Simmondsia
chinensis (joboba) are a primary food
source year round; grasses such as
Aristida adscensionis (sixweeks
threeawn) and Bromus rubens (red
brome) along with cacti Opuntia spp.
(cholla) are a primary food source in the
fall; forbs such as Plantago spp. (woolly
plantain), Plantago ovata [insularis] var.
fastigiata (woolly plantain), and Ditaxis
neomexicana (common ditaxis) are a
primary food source in the spring.

However, Peninsular bighorn sheep are
generalist foragers, and will browse on
a wide variety of plant species
depending on seasonal availability.

Other plants reportedly consumed by
Peninsular bighorn sheep include
Ephedra spp. (Mormon tea), Agave
deserti (desert agave), Quercus spp.
(scrub oak), Phoradendron californicum
(desert mistletoe), Eriogonum
fasciculatum (California buckwheat),
Prunus fremontii (desert apricot),
Acacia greggii (catclaw), Prosopis
juliflora (mesquite), Krameria grayi
(ratany), and Malosma laurina (laurelleaf sumac) (Browning and Monson 1980, p. 88).

Water
In the Peninsular Ranges, the
presence of perennial water is known to
be a limiting factor only during
prolonged droughts or summers without
significant thunderstorm activity
(Service 2000, p. 156). Water sources are
most valuable to bighorn sheep if they
occur in proximity to escape terrain
with good visibility (Service 2000, p. 9).

However, bighorn sheep have been
observed to travel at least 10 mi (16 km)
from sources of perennial water.

According to Service biologists familiar
with the subspecies, bighorn sheep
usually visit a water source every 2 to
3 days, but it is not unusual for them to
drink more often. During the hot
summer months, desert bighorn sheep
typically stay close to reliable sources of
water and drink large quantities of water
at a time. It has been hypothesized that
desert bighorn sheep can survive
without a permanent water source,
although this view is not widely
accepted (Turner and Weaver 1980, p.
104). In desert ranges like the
Peninsular Ranges, rainwater can collect
in natural collection tanks and potholes
in the rock and provide seasonal or
perennial water sources. Natural springs
also provide a reliable source of water
for Peninsular bighorn sheep. Desert
sheep also rely on consuming
vegetation, including cacti, to meet
water requirements when standing
water sources are scarce (Turner and
Weaver 1980, p. 102). Water is
especially important to lactating ewes,
as they need sufficient water to produce
milk. Water sources contribute greatly to
the Peninsular bighorn sheep’s ability to
survive the hot and dry summer
months.

Primary Constituent Elements for the
Peninsular Bighorn Sheep
Within the geographical area
occupied by the Peninsular bighorn
sheep at the time of listing, we must
identify the PCEs that may require
special management considerations or
protection.

Based on the above needs and our
current knowledge of the life history,
biology, and ecology of the subspecies,
we have determined that the Peninsular
bighorn sheep’s PCEs are:
(1) Moderate to steep, open slopes (20
to 60 percent) and canyons, with canopy
cover of 30 percent or less (below 4,600
feet (1,402 meters) elevation in the
Peninsular Ranges) that provide space
for sheltering, predator detection,
rearing of young, foraging and watering,
mating, and movement within and
between ewe groups.
(2) Presence of a variety of forage
plants, indicated by the presence of
shrubs (e.g., Ambrosia spp., Caesalpinia
spp., Hyptis spp., Sphaeralcea spp.,
Simmondsia spp.), that provide a
primary food source year round, grasses
(e.g., Aristida spp., Bromus spp.) and
cacti (e.g., Opuntia spp.) that provide a
source of forage in the fall, and forbs
(e.g., Plantago spp., Ditaxis spp.) that
provide a source of forage in the spring.
(3) Steep, rugged, slopes (60 percent
slope or greater) (below 4,600 feet (1,402
meters) elevation in the Peninsular
Ranges) that provide secluded space for
lambing as well as terrain for predator
evasion.
(4) Alluvial fans, washes, and valley
bottoms that provide important foraging
areas where nutritious and digestible
plants can be more readily found during
times of drought and lactation and that
provide and maintain habitat
connectivity by serving as travel routes
between and within ewe groups,
adjacent mountain ranges, and
important resources areas, such as
foraging areas and escape terrain.
(5) Intermittent and permanent water
sources that are available during
extended dry periods and that provide
relatively nutritious plants and drinking
water.

This proposed revision to currently
designated critical habitat for the
Peninsular bighorn sheep is designed
for the conservation of PCEs necessary
to support the life history functions that
are the basis for our proposal and the
areas containing those PCEs.

We propose units for designation
based on sufficient PCEs being present
to support at least one of the subspecies’
life history functions. For this
subspecies, all of the units proposed
contain all of the PCEs and support the
multiple essential life history functions
identified above.

Special Management Considerations or
Protection
When designating critical habitat, we
assess whether the occupied areas
contain the features that are essential to
the conservation of the subspecies and
that may require special management
considerations or protection. We have
also considered how revising the
current critical habitat designation for
the Peninsular bighorn sheep highlights
habitat that needs special management
considerations or protection.

Peninsular bighorn sheep habitat and
the PCEs upon which the sheep
depends are threatened by the direct
and indirect effects of: Development and
expansion of urban areas; human
disturbance related to recreation;
construction of roadways and power
lines; and mineral extraction and
mining operations.

The development and expansion of
urban and associated industrial areas
threaten Peninsular bighorn sheep and
their habitat through direct and indirect
effects. Habitat loss (especially in
canyon bottoms), degradation, and
fragmentation associated with the
proliferation of residential and
commercial development, roads and
highways, water projects, and vehicular
and pedestrian recreational uses
threaten the Peninsular bighorn sheep
throughout its range (63 FR 13134;
March 18, 1998). The cities that occur
along the eastern boundary of proposed
revised critical habitat, from the base of
the San Jacinto and Santa Rosa
Mountains to the Salton Sea area (Units
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57746 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 1 and 2A), continue to grow.

Development adjacent to and within
Peninsular bighorn sheep habitat affects
the quality and quantity of lower
elevation habitat and associated
vegetation, alluvial fans, and water
sources (PCEs 1, 2, 4, and 5). By 2000,
at least 18,500 ac (7,490 ha) of suitable
Peninsular bighorn sheep habitat had
been lost to urbanization and agriculture
along the urban interface between the
cities of Palm Springs and La Quinta
(Service 2000, p. 38). Much of the lost
habitat consisted of low elevation
alluvial fans and washes that provided
important sources of nutrients to ewes
when they are rearing their lambs (PCE
2 and 4) (66 FR 8650; February 1, 2001).

Moreover, in the northern Santa Rosa
Mountains, from 1991 to 1996, 34
percent of adult mortalities appear to
have been directly caused by
urbanization (66 FR 8650; February 1,
2001). Five Peninsular bighorn sheep
were killed by cars; five died from
feeding on toxic, nonnative ornamental
plants; and one was strangled in a wire
fence (DeForge and Ostermann 1997,
p. 1).

Continued urban and commercial
development within the range of
Peninsular bighorn sheep could
fragment the Peninsular bighorn sheep
metapopulation into isolated groups too
small to maintain long-term viability.

Maintenance of genetic diversity allows
small ewe groups like those in the
Peninsular Ranges to persist. The
inability of rams and occasional ewes to
move between groups erodes the genetic
fitness of isolated groups (PCE 1 and 4)
(63 FR 13134; March 18, 1998). Special
management considerations or
protection may be needed to alleviate
the effects of development on
Peninsular bighorn sheep habitat,
especially lower elevation habitat,
alluvial fans, and areas of possible ewe
group connectivity near urban areas.

This protection could be accomplished
by controlling the expansion of urban,
industrial, and agricultural development
into these areas.

In the Peninsular Ranges (Units 1, 2
and 3), increased activity and
disturbance adjacent to, and within
Peninsular bighorn sheep habitat are
adversely affecting bighorn sheep by
altering their normal behavior. This
altered behavior can lead to
abandonment of habitat and prevent use
of preferred habitat, including lambing
areas, water sources, and foraging areas,
and cause negative physiological effects
(PCE 1, 2, 3, 4, and 5) (66 FR 8650; 63
FR 13134). A variety of human
activities, such as hiking, mountain
biking, horseback riding, camping,
hunting, livestock grazing, and use of
aircraft and off-road vehicles, have the
potential to disrupt normal bighorn
sheep social behaviors. Special
management considerations or
protection may be needed to alleviate
the effects of human activity and
disturbance to Peninsular bighorn
sheep. Restricting human use of trail
systems and natural areas during
lambing season and exclusionary
fencing around urban areas may reduce
human effects on Peninsular bighorn
sheep behavior.

Roadways and power line structures
occur in, and are proposed for
construction within, Peninsular bighorn
sheep habitat. Two major highways run
through the Peninsular Ranges and
fragment bighorn sheep habitat. In the
northern portion of the Peninsular
Ranges, State Route 74 runs through the
Santa Rosa Mountains (Unit 2A).

Further south, State Route 78 cuts
through habitat between the San Ysidro
Mountains and Pinyon Mountains (Unit
2B). These roadways have degraded
habitat and have generally impeded the
movement of Peninsular bighorn sheep
(especially ewes) between ewe groups in
the surrounding areas (PCE 1, 2, 3, 4,
and 5) (Rubin et al. 1998, p. 547), which
can erode the genetic fitness of isolated
groups (63 FR 13134; March 18, 1998).

However, some movement has been
documented across State Route 74
(Service 2004, pp. 1–2). Epps et al.
(2005, p. 1035) showed that nuclear
genetic diversity of desert bighorn sheep
populations was negatively correlated
with the presence of human-made
barriers (highways), which essentially
eliminated dispersal. Furthermore, in
some portions of their range, collisions
with automobiles can be a significant
cause of Peninsular bighorn sheep
mortality (DeForge and Ostermann
1997, p. 1). The construction of power
lines and associated structures may also
degrade and fragment bighorn sheep
habitat. Currently, a large power line
(Sunrise Powerlink) is proposed for
construction through Unit 2B along
Highway 78. Special management
considerations or protection may be
needed to alleviate the effects of
roadway and power line structures on
Peninsular bighorn sheep and their
habitat. Future construction of roadways
and power lines should be avoided, and
if unavoidable, should be constructed in
a way that minimizes effects to habitat
and allows for continued connectivity
among ewe groups.

Mining operations occur within
southern portions of the habitat used by
Peninsular bighorn sheep. Mining
activities and associated facilities
threaten Peninsular bighorn sheep by
causing the loss of vegetation structure
required for foraging activities and
destroying habitats used for escape,
bedding, lambing, or connectivity
between ranges (PCE 1, 2, 3, 4, and 5).

Disturbance could modify the sheep’s
behavior or cause bighorn sheep to flee
an area. Mining occurs within the
habitat of Peninsular bighorn sheep in
Units 2B and 3. Special management
considerations or protection may be
needed to alleviate the effects of mining
operations on Peninsular bighorn sheep
habitat. Further mining operations
should avoid to the maximum extent
possible, areas considered essential to
Peninsular bighorn sheep conservation.

Criteria Used To Identify Critical
Habitat
All proposed revised critical habitat
units are within areas that we have
determined were occupied at the time of
listing, and that contain sufficient PCEs
to support the life history functions
essential for the conservation of the
subspecies. Lands were proposed for
designation based on sufficient PCEs
being present to support the life
processes.

We used the following data to
delineate proposed revised critical
habitat: (1) Areas known to be occupied
at the time of listing (1998) and
currently occupied; (2) areas within the
ewe group distribution (subpopulations)
boundaries identified by Rubin et al.
(1998); (3) areas where occupancy data
points indicate repeated Peninsular
bighorn sheep use, but which were not
captured within the ewe groups
distribution boundaries identified by
Rubin et al. (1998); and (4) areas that
contain the PCEs required by the
subspecies as determined from aerial
imagery and GIS data on vegetation,
elevation, and slope.

We also gathered information from
our files, staff biologists, the California
Department of Fish and Game, the
Bighorn Institute, and Dr. Ester Rubin.

Our proposed revision to critical habitat
is designed to capture ewe groups;
lambing areas; foraging areas, including
alluvial fans; water sources; ram groups;
and areas used for associated herd
(male, female, and young) movements
and migrations.

We delineated the proposed revised
critical habitat boundaries using the
following steps:
(1) As a first step in the delineation
process, we mapped ewe group areas
from Rubin et al. (1998) over GIS
imagery of the Peninsular Ranges to
delineate the distribution of ewe groups
in the proposed revised critical habitat.

We consider Rubin et al. (1998) to be the
best available data on Peninsular
bighorn sheep ewe group distribution.

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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57747 Rubin et al. (1998) examined the
population structure, distribution, and
abundance of Peninsular bighorn sheep
in California using observational data
from radio-collared and uncollared male
(ram) and female (ewe) sheep between
1971 and 1996. This is the only data we
are aware of that identifies the
distribution of ewe groups and
subgroups within the Peninsular
Ranges.
(2) To ensure that Rubin et al. (1998,
pp. 539–561) still accurately represents
the boundaries of the ewe groups and to
capture possible ram movement, we
compared the ewe group delineation
from Rubin et al. (1998, pp. 539–561)
with all occupancy data collected since
the time of listing on GIS imagery maps.

We then expanded the ewe group
delineation to include areas where
occupancy data points indicate repeated
Peninsular bighorn sheep use and recent
sheep movements (post Rubin et al.
1998, pp. 539–561), and areas that
contain the PCEs for Peninsular bighorn
sheep. In particular, we expanded the
northernmost ewe group delineation
(San Jacinto Mountains) to include the
area north of Chino Canyon where (1)
we have evidence of recent ewe and ram
movements and (2) the Bighorn Institute
has released, and continues to release,
captive-born sheep to help recover this
subspecies. We also expanded the
southernmost ewe group delineation
(Carizzo Canyon area) to the south to
capture water sources (PCE 5), including
habitat near the Interstate 8-State Route
98 split, where there are consistent,
recent sightings of uncollared
Peninsular bighorn sheep.
(3) We then examined all pre-listing
occurrence data in our files to determine
if our revised critical habitat missed any
areas of historical repeated Peninsular
bighorn sheep use. We identified an
area of historical repeated use that was
occupied at the time of listing between
two ewe subgroups documented in
Rubin et al. (1998, pp. 539–561) as (1)
Santa Rosa Mountains east of State
Route 74 (Martinez Canyon) and (2)
Santa Rosa Mountains east of State
Route 74 (south)). Use of this area is
consistent with the Rubin et al. (1998,
pp. 539–561) demographic study, which
indicated possible connectivity between
these subgroups through this area. This
area is important in light of genetic
findings by Boyce et al. (1999, pp. 99–
106) that indicate ewe groups within
these ranges maintain genetic
connectivity, probably through malemediated nuclear gene flow. Based on the importance of this area for
connectivity between subgroups, we
expanded the proposed revised critical
habitat boundaries to include areas
where occupancy data points indicate
historically occupied habitat. Since the
number of occurrence data points in
historically occupied areas is relatively
small, we delineated the unit
boundaries in these areas to follow the
boundaries of the PCEs, such as
elevations below 4,600 ft (1,400 m),
areas with 30 percent canopy cover or
less, escape terrain, alluvial fans,
washes, and water sources immediately
adjacent to the identified ewe groups.
(4) As a final step in refining our
delineation, we closely examined our
revised units to ensure they capture all
of the PCEs to support life history
functions essential for the conservation
of the subspecies. Where appropriate,
we expanded the boundaries to capture
the extent of an alluvial fan or water
source (PCE 4 or 5, respectively). We
also removed areas that we determined
do not contain the PCEs or otherwise do
not contain suitable Peninsular bighorn
sheep habitat, such as areas above 4,600
ft (1,400 m) elevation (PCE 1), areas
containing conifer woodland with
canopy cover greater than 30 percent
(PCE 1), and slopes less than 20 percent
(PCE 1), unless those areas overlapped
specifically with Rubin et al.’s (1998,
pp. 539–561) ewe group distributions
and had documented use by Peninsular
bighorn sheep.

On May 22, 2007, Drs. Esther Rubin
and Walter Boyce, in cooperation with
Steve Torres and Chris Stermer of the
California Department of Fish and
Game, submitted a draft predictive
habitat model for bighorn sheep in the
Peninsular Ranges. We did not adopt
this predictive habitat model to
delineate critical habitat because the
model was submitted in draft form,
prior to final steps of model validation
and peer review, and model
development was based on just two
years of Global Positioning System
(GPS) data (Rubin 2007, p. 2);
nevertheless, the model supports our
proposed delineation. Areas we are
designating roughly fall within the
upper level habitat suitability classes
derived from the preliminary model.

When determining the proposed
revisions to critical habitat boundaries
within this proposed rule, we made
every effort to avoid including
developed areas such as buildings,
paved areas, and other structures that
lack PCEs for the Peninsular bighorn
sheep. The scale of the maps we
prepared under the parameters for
publication within the Code of Federal
Regulations may not reflect the
exclusion of such developed areas. Any
such structures and the land under them
inadvertently left inside critical habitat
boundaries shown on the maps of this
proposed revision to critical habitat
have been excluded by text in the
proposed rule and are not proposed for
designation as revised critical habitat.

Therefore, Federal actions limited to
these areas would not trigger section 7
consultation, unless they may affect the
subspecies or primary constituent
elements in adjacent critical habitat.

Summary of Proposed Changes From
Previously Designated Critical Habitat
The areas identified in this proposed
rule constitute a proposed revision to
the areas we designated as critical
habitat for the Peninsular bighorn sheep
on February 1, 2001 (66 FR 8650). The
main differences include the following:
(1) The 2001 final rule used a
generalized methodology for delineating
critical habitat that resulted in the
designation of one critical habitat unit
for Peninsular bighorn sheep totaling
844,897 ac (341,919 ha) (66 FR 8650;
February 1, 2001). This proposed
revision is based on a more specific
methodology that resulted in three
critical habitat units including
approximately 384,410 ac (155,564 ha)
of land in Riverside, San Diego, and
Imperial counties, California, a
reduction of 460,487 ac (186,355 ha)
from the 2001 final rule (66 FR 8650).

The areas included in this proposed
revised critical habitat are almost
entirely within the boundaries of the
existing (2001) critical habitat. There are
approximately 72 ac (29 ha) of BLM
land in Unit 3 that are outside the
boundary of the 2001 critical habitat.

The reduction in total area from the
2001 final critical habitat designation is
primarily the result of using a revised
methodology to delineate critical habitat
in this proposed revision. In our 2001
final critical habitat designation, we
delineated critical habitat based on the
methodology used in the Recovery Plan
for Bighorn Sheep in the Peninsular
Ranges, California (Service 2000).

In developing this proposed revision,
we reexamined the methodology
outlined in the 2000 recovery plan and
the 2001 critical habitat designation,
and updated that methodology based on
the best available information to
identify areas essential for the
conservation of the subspecies (see
‘‘Criteria Used To Identify Critical
Habitat’’ section). Since publication of
the 2000 recovery plan and the 2001
critical habitat designation, more
specific and up-to-date information has
become available regarding habitat use
by Peninsular bighorn sheep and areas
containing the features essential to the
conservation of this subspecies. New
information indicates that many areas
included in the 2001 critical habitat
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57748 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules designation do not support the features
essential for the conservation of the
Peninsular bighorn sheep and/or
otherwise contain unsuitable habitat for
the subspecies. For example, the 2001
final rule included high elevation
(above 4,600 ft (1,402 m)), densely
vegetated, and forested habitat that is
inappropriate for sheep use in the San
Jacinto, Santa Rosa, and Vallecito
Mountains. The differences between the
generalized methodology applied in the
2001 critical habitat designation and the
methodology used in this proposed rule,
including our reasons for revising the
approach, are outlined below.

The recovery plan generally used two
criteria, the presence of escape terrain
and unobstructed view, as key habitat
requirements when delineating the areas
essential to Peninsular bighorn sheep
with little consideration of the presence
of the PCEs required by this subspecies.

In this proposed revision, we have
considered all five of the revised PCEs
in delineating proposed revised critical
habitat which results in a more precise
determination of essential habitat (see
‘‘Primary Constituent Elements for the
Peninsular Bighorn Sheep’’ and
‘‘Criteria Used to Identify Critical
Habitat’’ sections).

Additionally, little consideration was
given to occurrence data in the recovery
plan methodology and specific ewe
group distributions, resulting in
expanses of critical habitat in the 2001
designation in which we have little to
no occurrence records that would
indicate sheep use those areas. For
example, we have occupancy data
dating back to 1940, yet extensive areas
along the western and southern
boundary of the 2001 designation
contain little to no documented sheep
use. In light of all the recent research
efforts and occupancy data, we are not
including those lands in this proposed
revision as we have determined that
those lands are not essential to the
conservation of Peninsular bighorn
sheep. Because a detailed vegetation
map was not available at the time of the
recovery plan, a team of biologists flew
the entire western boundary in a
helicopter and visually assessed
vegetation associations (Service 2000, p.
159). The western boundary was
determined by consensus and recorded
by GPS from the helicopter position
every ten seconds (Service 2000, p. 159).

A 0.5 mi (0.8 km) buffer was added to
this line to account for the advent of fire
suppression (Service 2000, p. 160). In
determining the western boundary of
essential habitat in this proposed
revision, we used vegetation maps that
cover the entire range of the Peninsular
bighorn sheep, along with detailed
aerial photography, expert opinion, and
sheep use data to delineate boundaries,
which we have determined more
precisely captures the areas essential to
the subspecies.

Like our methodology for this
proposed revision, the 2001
methodology used a minimum slope
criterion of 20 percent to delineate
essential habitat; however, a 0.5 mi (0.8
km) buffer was included around slopes
of greater than or equal to 20 percent
(Service 2000, p. 158). This proposed
rule does not include a buffer zone area
around habitat determined to be
essential to the subspecies.

In summary, we consider the recent
data and methodology used in this
proposed revision to more accurately
and specifically delineate the areas
essential to the Peninsular bighorn
sheep. The methods used in the 2000
recovery plan and the 2001 critical
habitat designation resulted in a more
inclusive delineation of essential habitat
due to limited data. Application of the
revised methodology, based on the best
available information, identified
460,487 ac (186,355 ha) of previously
designated critical habitat that is not
essential to the subspecies, and
therefore we are not including these
areas in this proposed revision to the
critical habitat designation.
(2) We re-evaluated and revised the
PCEs in light of the Alameda whipsnake
court case (Homebuilder’s Ass’n of
Northern Cal. v. U.S. Fish and Wildlife
Service, 268 F. Supp.2d 1197 (E.D. Cal.
2003)) and other relevant case law, and
followed current Service guidelines and
policies. The PCEs differ from those in
the existing critical habitat rule in that
they are reorganized into five separate
PCEs for clarity. Furthermore, we have
added specific information on
elevational range, plant species used for
foraging, and range of slopes required by
the subspecies. This additional
specificity was gained by evaluating the
recovery plan and examining all recent
sheep data, including data from radio
collars and GPS collars providing
precision to the identification of
habitats used and preferred by
Peninsular bighorn sheep. Applying the
more precise PCEs to the mountain
ranges inhabited by Peninsular bighorn
sheep allowed us to fine tune the
proposed revision to those areas
containing preferred habitat for sheep
use, and removing those areas unlikely
to be used by Peninsular bighorn sheep.
(3) Approximately 29,924 ac (12,110
ha) of designated critical habitat were
vacated in the July 31, 2006, consent
decree. A portion of those acres are now
within proposed revised critical habitat.

Of the 13,213 ac (5,347 ha) of vacated
Agua Caliente Band of Cahuilla Indians
Tribal lands, approximately 4,512 ac
(1,826 ha) are now included in this
proposal. However, we are proposing to
exclude all Tribal lands from the final
designation. Approximately 16,691 ac
(6,756 ha) of mining lands at Ocotillo
Mineral Material Sites and Fish Canyon
Quarry property were vacated. In this
proposed revision to critical habitat we
are including roughly 50 percent of
those vacated lands; specifically, we are
including lands along the northernmost
portion of the Ocotillo Mineral Material
Sites property and the middle to
southern portion of the Fish Canyon
Quarry property. Both of these mining
properties contain actively mined lands,
but also contain areas in which we have
recent documented use by Peninsular
bighorn sheep and areas that meet the
criteria used to identify critical habitat
as described above. The Desert Riders
lands vacated in the consent decree
(approximately 20 ac (8 ha)) are not
included in this proposed revision.

Our 2001 final critical habitat rule
included the statement that ‘‘* * *; we
are not aware of any information
suggesting that particular areas within
designated critical habitat are currently
unsuitable or unused over the
generational timeframe needed for the
long-term conservation of bighorn sheep
in the Peninsular Ranges’’ (66 FR 8655).

However, we have reconsidered the
information that was available to us at
the time of the 2001 designation in light
of all the information currently available
to us, and we have determined that the
methodology used in this proposed
revision, which utilized the best
available information, provides a more
accurate and specific delineation of the
areas essential to the Peninsular bighorn
sheep, than that relied upon in the 2001
critical habitat designation.

Proposed Revisions to the Critical
Habitat Designation
We are proposing four units as critical
habitat for the Peninsular bighorn
sheep. These units, which are almost
entirely within the area included in the
2001 designation, if finalized, would
replace the current critical habitat
designation for the Peninsular bighorn
sheep at 50 CFR 17.95(a). The critical
habitat areas we describe below
constitute our current best assessment of
areas that meet the definition of critical
habitat for the Peninsular bighorn
sheep. Table 1 shows the occupancy
status of each unit being proposed as
revised critical habitat.

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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57749 TABLE 1.—OCCUPANCY STATUS OF CRITICAL HABITAT UNITS PROPOSED FOR THE PENINSULAR BIGHORN SHEEP Unit Occupied at time of listing? Currently occupied?
Size of proposed revised
critical habitat unit in acres
(Hectares)

1. San Jacinto Mts. ........................... Yes ................................................... Yes ................................................... 15,273 (6,180 ha). 2A. N. Santa Rosa Mts. .................... Yes ................................................... Yes ................................................... 74,998 ac (30,350 ha). 2B. S. Santa Rosa Mts. south to
Vallecito Mts..

Yes ................................................... Yes ................................................... 226,211 ac (91,545 ha).

3. Carrizo Canyon ............................. Yes ................................................... Yes ................................................... 67,928 ac (27,489 ha).

Total ........................................... ........................................................... ........................................................... 384,410 ac (155,564 ha).

The four areas we propose as revised
critical habitat are: (1) Unit 1—San
Jacinto Mountains, (2) Unit 2A—North
Santa Rosa Mountains, (3) Unit 2B—
South Santa Rosa Mountains south to
Vallecito Mountains, and (4) Unit 3—
Carrizo Canyon.

The approximate area of each
proposed revised critical habitat unit is
shown in Table 2.

TABLE 2.—PROPOSED REVISED CRITICAL HABITAT UNITS FOR THE PENINSULAR BIGHORN SHEEP WITH LAND OWNERSHIP [Area estimates reflect all land within proposed critical habitat unit boundaries] Critical habitat unit Land ownership by type
Size of proposed revised
critical habitat unit in acres
(Hectares)

1. San Jacinto Mts. .......................................................... Tribal 1 .............................................................................. 4,512 ac (1,826 ha).

BLM 2 ............................................................................... 3,757 ac (1,520 ha).

USFS3 ............................................................................. 1,266 ac (512 ha).

Private .............................................................................. 5,738 ac (2,322 ha).

Subtotal ............................................................................ 15,273 ac (6,180 ha). 2A. N. Santa Rosa Mts. ................................................... BLM ................................................................................. 44,669 ac (18,077 ha).

State 4 .............................................................................. 16,856 ac (6,821 ha).

Private .............................................................................. 13,473 ac (5,452 ha).

Subtotal ............................................................................ 74,998 ac (30,350 ha). 2B. S. Santa Rosa Mts. south to Vallecito Mts. .............. BLM ................................................................................. 16,266 ac (6,583 ha).

State 5 .............................................................................. 197,509 ac (79,929 ha).

Private .............................................................................. 12,436 ac (5,033 ha).

Subtotal ............................................................................ 226,211 ac (91,545 ha).

3. Carrizo Canyon ............................................................ BLM ................................................................................. 27,762 ac (11,235 ha).

State 6 .............................................................................. 35,475 ac (14,356 ha).

Private .............................................................................. 4,177 ac (1,690 ha).

Local 7 .............................................................................. 514 ac (208 ha).

Subtotal ............................................................................ 67,928 ac (27,489 ha).

Total ................................................................... .......................................................................................... 384,410 ac (155,564 ha). 1—Tribal = Agua Caliente Band of Cahuilla Indians Reservation and Tribal Lands 2—BLM = Bureau of Land Management
3—USFS = United States Forest Service
4—State = California Department of Fish and Game (CDFG) and California State Lands Commission (CSLC) 5—State = CDFG, CSLC, and California Department of Parks and Recreation (CDPR) 6—State = CDPR
7—Local = City/County Park
We present brief descriptions of all
units and reasons why they meet the
definition of critical habitat for the
Peninsular bighorn sheep below.

Unit 1: San Jacinto Mountains
Unit 1 consists of approximately
15,273 ac (6,180 ha) in the San Jacinto
Mountains, Riverside County. Unit 1 is
generally located within an area
bounded on the east by the city of Palm
Springs; bounded on the north by
Windy Point and Snow Canyon; and
that extends south to the northern Palm
Canyon area. Land ownership within
the unit includes approximately 4,512
ac (1,826 ha) of Agua Caliente Band of
Cahuilla Indians Tribal land; 3,757 ac
(1,520 ha) of BLM land; 1,266 ac (512
ha) of USFS land; and 5,738 ac (2,322
ha) of private land (Table 2).

Unit 1 begins at a low elevation of
about 450 ft (137 m) on the eastern slope
and rises to about 4,600 ft (1,400 m) to
the west. It is the northernmost unit
proposed as revised critical habitat for
the Peninsular bighorn sheep. This unit
was occupied at the time of listing and
is currently occupied (Table 1). Habitat
in this unit contains features that are
essential to the conservation of the
Peninsular bighorn sheep including a
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57750 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules range of vegetation types (PCE 2),
foraging and watering areas including
alluvial fans (PCE 4 and 5), and steep to
very steep, rocky terrain with elevations
and slopes that provide for sheltering,
lambing, mating, movement among and
between ewe groups (PCE 1), and
predator evasion (PCE 3).

The PCEs in Unit 1 may require
special management considerations or
protection to ameliorate the threats of
urban and industrial development,
particularly in lower elevation areas,
and to decrease the direct and indirect
effects of human disturbance to the
Peninsular bighorn sheep and its
habitat, due to the proximity of this unit
to the Palms Springs area. Please see the
‘‘Special Management Considerations or
Protection’’ section of this proposed rule
for a detailed discussion of the threats
to Peninsular bighorn sheep habitat and
potential management considerations.

This unit includes approximately
4,512 ac (1,826 ha) of Agua Caliente
Band of Cahuilla Indians (Tribe) tribal
lands supporting essential Peninsular
bighorn sheep habitat. We are proposing
to exclude these lands from the final
designation. The designation of critical
habitat would be expected to adversely
impact our working relationship with
the Tribe and we believe that Federal
regulation through critical habitat
designation would be viewed as an
unwarranted and unwanted intrusion
into tribal natural resource programs.

Furthermore, these approximately 4,512
ac (1,826 ha) of Tribal land are currently
managed by the Tribe in a manner that
provides some conservation benefits to
the Peninsular bighorn sheep, and are
also within the plan area of the draft
Agua Caliente Band of Cahuilla Indians
Tribal Habitat Conservation Plan (Tribal
HCP) (see ‘‘Proposed Exclusion of Agua
Caliente Band of Cahuilla Indians Tribal
Lands Under Section 4(b)(2) of the Act’’
for a detailed discussion).

This unit also includes lands within
the plan area for the draft Coachella
Valley Multiple Species Habitat
Conservation Plan (MSHCP). We are
considering the possible exclusion of
approximately 5,738 ac (2,322 ha) of
private land from the final critical
habitat designation based on benefits
provided to the Peninsular bighorn
sheep and its PCEs by the MSCHP,
which is in draft form and under review
by the Service (see ‘‘Lands Covered by
Management Plans ‘‘ Exclusions Under
Section 4(b)(2) of the Act’’ for a detailed
discussion).

Unit 2A: North Santa Rosa Mountains
Unit 2A consists of approximately
74,998 ac (30,350 ha) in the northern
Santa Rosa Mountains, Riverside
County. Unit 2A is generally located on
the east-facing slopes of the northern
Santa Rosa Mountains, is loosely
bounded on the east by communities of
the northern Coachella Valley, and
extends from the Rancho Mirage area in
the north to Martinez Canyon in the
south. Land ownership within the unit
includes approximately 44,669 ac
(18,077 ha) of BLM land; 16,856 ac
(6,821 ha) of land owned by the State of
California; and 13,473 ac (5,452 ha) of
private land (Table 2).

Unit 2A begins at a low elevation of
about 50 ft (15 m) on the eastern slope
and rises to about 4,600 ft (1,400 m) to
the west. This unit was occupied at the
time of listing and is currently occupied
(Table 1). Habitat in this unit contains
features that are essential to the
conservation of the Peninsular bighorn
sheep including a range of vegetation
types (PCE 2), foraging and watering
areas including alluvial fans (PCE 4 and
5), and steep to very steep, rocky terrain
with elevations and slopes that provide
for sheltering, lambing, mating,
movement among and between ewe
groups (PCE 1), and predator evasion
(PCE 3).

The PCEs in Unit 2A may require
special management considerations or
protection to ameliorate the threats of
urban, industrial, and agricultural
development, and to decrease the direct
and indirect effects of human
disturbance to Peninsular bighorn sheep
and its habitat, due to the proximity of
this unit to the highly developed
northern Coachella Valley.

Additionally, the PCEs in this unit may
require special management
considerations or protection to alleviate
threats to Peninsular bighorn sheep and
its habitat associated with roadways;
State Route 74 cuts through the
midsection of this unit and may impede
movement between ewe groups. Please
see the ‘‘Special Management
Considerations or Protection’’ section of
this proposed rule for a detailed
discussion of the threats to Peninsular
bighorn sheep habitat and potential
management considerations.

This unit includes lands that are
within the plan area for the draft
Coachella Valley Multiple Species
Habitat Conservation Plan (MSHCP). We
are considering the possible exclusion
of approximately 13,473 ac (5,452 ha) of
private land in Unit 2A from the final
critical habitat designation based on
benefits provided to the Peninsular
bighorn sheep habitat under this plan,
which is in draft form and under review
by the Service (see ‘‘Areas Considered
for Exclusion Under Section 4(b)(2) of
the Act’’ for a detailed discussion).

Unit 2B: South Santa Rosa Mountains
south to Vallecito Mountains
Unit 2B consists of approximately
226,211 ac (91,545 ha) in the southern
Santa Rosa Mountains, Coyote Canyon,
San Ysidro Mountains, Pinyon
Mountains, and Vallecito Mountains, in
Riverside, San Diego, and Imperial
counties. Unit 2B is generally located on
the east-facing slopes of the above
ranges; it is loosely bounded on the east
by the Coachella Valley floor and
extends from the southern Santa Rosa
Mountains in the north to the Fish
Creek Mountains in the south. Land
ownership within the unit includes
approximately 16,266 ac (6,583 ha) of
BLM land; 197,509 ac (79,929 ha) of
land owned by the State of California;
and 12,436 ac (5,033 ha) of private land
(Table 2). Portions of the Anza-Borrego
Desert State Park occur within this unit.

Unit 2B begins at a low elevation of
about 150 ft (45 m) on the eastern slope
and rises to about 4,600 ft (1,400 m) to
the west. This unit was occupied at the
time of listing and is currently occupied
(Table 1). Habitat in this unit contains
features that are essential to the
conservation of the Peninsular bighorn
sheep including a range of vegetation
types (PCE 2), foraging and watering
areas including alluvial fans (PCE 4 and
5), and steep to very steep, rocky terrain
with elevations and slopes that provide
for sheltering, lambing, mating,
movement among and between ewe
groups (PCE 1), and predator evasion
(PCE 3).

The PCEs in Unit 2B may require
special management considerations or
protection to ameliorate the threats of
urban, industrial, and agricultural
development due to the proximity of
this unit to the Coachella Valley,
especially the lower elevation areas in
the northeastern portions of this unit.

Additionally, the PCEs in this unit may
require special management
considerations or protection to decrease
the direct and indirect effects of human
disturbance to Peninsular bighorn sheep
and its habitat due to recreational
activity. Most of this unit includes lands
within Anza-Borrego Desert State Park,
which is open to recreation activities.

Furthermore, the PCEs in this unit may
require special management
considerations or protection to alleviate
threats to Peninsular bighorn sheep and
its habitat associated with State Route
78, which cuts through the southern
portion of this unit and may impede
movement between ewe groups, and
mining operations at Fish Canyon
Quarry. Please see the ‘‘Special
Management Considerations or
Protection’’ section of this proposed rule
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57751 for a detailed discussion of the threats
to Peninsular bighorn sheep habitat and
potential management considerations.

Unit 3: Carrizo Canyon
Unit 3 consists of approximately
67,928 ac (27,489 ha) in the Carrizo
Canyon area, in San Diego and Imperial
counties. Unit 3 is generally located in
Carrizo Canyon and the surrounding InKo-Pah Mountains, Jacumba Mountains, Coyote Mountains, and Tierra Blanca
Mountains; it is loosely bounded on the
north, east, and west by the Coachella
Valley floor. Land ownership within the
unit includes approximately 27,762 ac
(11,235 ha) of BLM land; 35,475 ac
(14,356 ha) of land owned by the State
of California; 4,177 ac (1,690 ha) of
private land; and 514 ac (208 ha) of
local park land (Table 2). Portions of the
Anza-Borrego Desert State Park occur
within this unit.

Unit 3 begins at a low elevation of
about 400 ft (122 m) on the eastern slope
and rises to about 4,600 ft (1,400 m) to
the west. This unit was occupied at the
time of listing and is currently occupied
(Table 1). Habitat in this unit contains
features that are essential to the
conservation of the Peninsular bighorn
sheep including a range of vegetation
types (PCE 2), foraging and watering
areas including alluvial fans (PCE 4 and
5), and steep to very steep, rocky terrain
with elevations and slopes that provide
for sheltering, lambing, mating,
movement among and between ewe
groups (PCE 1), and predator evasion
(PCE 3).

The PCEs in Unit 3 may require
special management considerations or
protection to decrease the direct and
indirect effects of human disturbance
due to recreational activity to
Peninsular bighorn sheep and its
habitat. Most of this unit occurs within
the Anza-Borrego Desert State Park,
which is open to recreation activities.

The PCEs in Unit 3 may also require
special management considerations or
protection to protect Peninsular bighorn
sheep habitat from mining operations at
Ocotillo Mineral Material Site. Please
see the ‘‘Special Management
Considerations or Protection’’ section of
this proposed rule for a detailed
discussion of the threats to Peninsular
bighorn sheep habitat and potential
management considerations.

Table 3 provides approximate areas
(ac, ha) of lands that meet the definition
of critical habitat but that we are
proposing to exclude from the final
revised critical habitat designation.

Table 3 also provides reasons for the
proposed exclusions.

TABLE 3.—PROPOSED EXCLUSIONS BY CRITICAL HABITAT UNIT
Unit Statutory Reason for proposal
exclusion
Area meeting the definition
of critical habitat in acres
(Hectares)
Area proposed for
exclusion in acres
(Hectares)

1. San Jacinto Mts. 4(b)(2) ............................... Government-to-Government Relationship 14,512 ac (1,826 ha) 4,512 ac (1,826 ha).

Total ........................... ........................................... ........................................... ........................................... 4,512 ac (1,826 ha). 1Government-to-Government Relationship = Secretarial Order 3206, ‘‘ American Indian Tribal Rights, Federal Tribal Trust Responsibilities, and the Endangered Species Act’’ (June 5, 1997); the President’s memorandum of April 29, 1994, ‘‘ Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951); Executive Order 13175; and the relevantprovision of the Departmental Manual of the Department of the Interior (512 DM 2).

Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires
Federal agencies, including the Service,
to ensure that actions they fund,
authorize, or carry out are not likely to
destroy or adversely modify critical
habitat. Decisions by the 5th and 9th
Circuit Court of Appeals have
invalidated our definition of
‘‘destruction or adverse modification’’
(50 CFR 402.02) (see Gifford Pinchot
Task Force v. U.S. Fish and Wildlife
Service, 378 F. 3d 1059 (9th Cir. 2004)
and Sierra Club v. U.S. Fish and
Wildlife Service et al., 245 F.3d 434, 442
(5th Cir. 2001)), and we do not rely on
this regulatory definition when
analyzing whether an action is likely to
destroy or adversely modify critical
habitat. Under the statutory provisions
of the Act, we determine destruction or
adverse modification on the basis of
whether, with implementation of the
proposed Federal action, the affected
critical habitat would remain functional
(or retain the current ability for the PCEs
to be functionally established) to serve
its intended conservation role for the
species.

Section 7(a)(4) of the Act requires
Federal agencies to confer with us on
any action that is likely to jeopardize
the continued existence of a species
proposed for listing or result in
destruction or adverse modification of
proposed critical habitat. This is a
procedural requirement only, as any
conservation recommendations in a
conference report or opinion are strictly
advisory. However, once a species
proposed for listing becomes listed, or
proposed critical habitat is designated
as final, the full prohibitions of section
7(a)(2) apply to any discretionary
Federal action.

The primary utility of the conference
procedures is to allow a Federal agency
to maximize its opportunity to
adequately consider species proposed
for listing and proposed critical habitat
and to avoid potential delays in
implementing their proposed action
because of the section 7(a)(2)
compliance process, if we list those
species or designate critical habitat. We
may conduct conferences either
informally or formally. We typically use
informal conferences as a means of
providing advisory conservation
recommendations to assist the agency in
eliminating conflicts that the proposed
action may cause. We typically use
formal conferences when we or the
Federal agency believes the proposed
action is likely to jeopardize the
continued existence of the species
proposed for listing or adversely modify
proposed critical habitat.

We generally provide the results of an
informal conference in a conference
report, while we provide the results of
a formal conference in a conference
opinion. We typically prepare
conference opinions on proposed
species or critical habitat in accordance
with procedures contained at 50 CFR
402.14, as if the proposed species were
already listed or the proposed critical
habitat was already designated. We may
adopt the conference opinion as the
biological opinion when the species is
listed or the critical habitat is
designated, if no substantial new
information or changes in the action
alter the content of the opinion (see 50
CFR 402.10(d)).

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57752 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules If a species is listed or critical habitat
is designated, section 7(a)(2) of the Act
requires Federal agencies to ensure that
activities they authorize, fund, or carry
out are not likely to jeopardize the
continued existence of the species or to
destroy or adversely modify its critical
habitat. If a Federal action may affect a
listed species or its critical habitat, the
responsible Federal agency (action
agency) must enter into consultation
with us. As a result of this consultation,
we document compliance with the
requirements of section 7(a)(2) through
our issuance of:
(1) A concurrence letter for Federal
actions that may affect, but are not
likely to adversely affect, listed species
or critical habitat; or
(2) A biological opinion for Federal
actions that may affect, and are likely to
adversely affect, listed species or critical
habitat.

When we issue a biological opinion
concluding that a project is likely to
jeopardize the continued existence of a
listed species or destroy or adversely
modify critical habitat, we also provide
reasonable and prudent alternatives to
the project, if any are identifiable. We
define ‘‘Reasonable and prudent
alternatives’’ at 50 CFR 402.02 as
alternative actions identified during
consultation that:
• Can be implemented in a manner
consistent with the intended purpose of
the action,
• Can be implemented consistent
with the scope of the Federal agency’s
legal authority and jurisdiction,
• Are economically and
technologically feasible, and
• Would, in the Director’s opinion,
avoid jeopardizing the continued
existence of the listed species or
destroying or adversely modifying
critical habitat.

Reasonable and prudent alternatives
can vary from slight project
modifications to extensive redesign or
relocation of the project. Costs
associated with implementing a
reasonable and prudent alternative are
similarly variable.

Regulations at 50 CFR 402.16 require
Federal agencies to reinitiate
consultation on previously reviewed
actions in instances where we have
listed a new species or subsequently
designated critical habitat that may be
affected and the Federal agency has
retained discretionary involvement or
control over the action (or the agency’s
discretionary involvement or control is
authorized by law). Consequently,
Federal agencies may sometimes need to
request reinitiation of consultation with
us on actions for which formal
consultation has been completed, if
those actions with discretionary
involvement or control may affect
subsequently listed species or
designated critical habitat.

Federal activities that may affect the
Peninsular bighorn sheep or its
designated critical habitat require
section 7(a)(2) consultation under the
Act. Activities on State, Tribal, local, or
private lands requiring a Federal permit
(such as a permit from the U.S. Army
Corps of Engineers under section 404 of
the Clean Water Act (33 U.S.C. 1251 et
seq.) or a permit from us under section
10 of the Act) or involving some other
Federal action (such as funding from the
Federal Highway Administration,
Federal Aviation Administration, or the
Federal Emergency Management
Agency) are subject to the section 7(a)(2)
consultation process. Federal actions
not affecting listed species or critical
habitat, and actions on State, Tribal,
local, or private lands that are not
federally funded, authorized, or
permitted, do not require section 7(a)(2)
consultations.

Application of the ‘‘Adverse
Modification’’ Standard
The key factor related to the adverse
modification determination is whether,
with implementation of the proposed
Federal action, the affected critical
habitat would continue to serve its
intended conservation role for the
species, or would retain its current
ability for the primary constituent
elements to be functionally established.

Activities that may destroy or adversely
modify critical habitat are those that
alter the PCEs to an extent that
appreciably reduces the conservation
value of critical habitat for the
Peninsular bighorn sheep. Generally,
the conservation role of the Peninsular
bighorn sheep critical habitat units is to
support viable core area populations.

Section 4(b)(8) of the Act requires us
to briefly evaluate and describe, in any
proposed or final regulation that
designates critical habitat, activities
involving a Federal action that may
destroy or adversely modify such
habitat, or that may be affected by such
designation.

Activities that, when carried out,
funded, or authorized by a Federal
agency, may affect critical habitat and
therefore should result in consultation
for the Peninsular bighorn sheep
include, but are not limited to:
(1) Actions that would significantly
reduce ongoing management and
conservation efforts that benefit the
Peninsular bighorn sheep on public
lands. Such activities could include, but
are not limited to, the sale, exchange, or
lease of lands managed by BLM or other
Federal agencies, and the State of
California. These activities could reduce
the amount of space that is available for
individual and population growth and
normal behavior, as well as reduce or
eliminate the number and extent of sites
for foraging, watering, breeding,
reproduction, and rearing of offspring.

These activities could also reduce the
opportunities available to Federal
agencies to exercise their section 7(a)(1)
responsibilities to carry out programs to
conserve listed species.
(2) Actions that would significantly
reduce the availability of or accessibility
to seasonal ranges. Such activities could
include, but are not limited to, grazing,
mining, and power line and road
construction activities. These activities
could degrade, reduce, fragment, or
eliminate available foraging resources or
alter current foraging activities of
Peninsular bighorn sheep.
(3) Actions that would result in the
significant expansion of dense
vegetation communities within
Peninsular bighorn sheep habitat. Such
activities could include, but are not
limited to, fire suppression. These
activities could allow expansion of
vegetation cover such that movement
patterns of bighorn sheep are altered by
avoidance of these areas. Tall, dense
vegetation decreases visibility for
bighorn sheep and provides cover for
predators such as the mountain lion, a
common predator of Peninsular bighorn
sheep.
(4) Actions that would create
significant barriers to movement. Such
activities could include, but are not
limited to, road construction, residential
development, and resort or campground
facility development or expansion.

These activities could interfere with
movement within and between habitats,
thereby reducing the availability of
habitat for foraging, watering, breeding,
reproduction, sheltering, and rearing of
offspring. These activities could also
reduce opportunities for movement
between existing populations, dispersal,
and genetic interchange between ewe
groups.
(5) Actions that would significantly
degrade habitat or cause a disturbance
to Peninsular bighorn sheep. Such
activities could include, but are not
limited to, recreational activities, such
as off-road vehicle use, hiking, camping,
rock climbing, horseback riding, and
outfitter guided activities. These
activities could displace animals from
foraging areas, water sources, and
escape terrain, and could impact the
quality and quantity of forage.

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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57753 Exemptions and Exclusions
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that
the Secretary must designate and revise
critical habitat on the basis of the best
available scientific data after taking into
consideration the economic impact,
impact on national security, and any
other relevant impact of specifying any
particular area as critical habitat. The
Secretary may exclude an area from
critical habitat if he determines that the
benefits of such exclusion outweigh the
benefits of specifying such area as part
of the critical habitat, unless he
determines, based on the best scientific
data available, that the failure to
designate such area as critical habitat
will result in the extinction of the
species. In making that determination,
the legislative history is clear that the
Secretary has broad discretion regarding
which factor(s) to use and how much
weight to give to any factor.

Under section 4(b)(2) of the Act, in
considering whether to exclude a
particular area from the designation, we
must identify the benefits of including
the area in the designation, identify the
benefits of excluding the area from the
designation, and determine whether the
benefits of exclusion outweigh the
benefits of inclusion. If we consider an
exclusion we must determine whether
excluding the area would result in the
extinction of the species.

In the following sections, we address
a number of general issues that are
relevant to the exclusions we are
considering. In addition, we are
conducting an economic analysis of the
impacts of the proposed critical habitat
designation, which will be available for
public review and comment when it is
complete. Based on public comment on
that document, the proposed
designation itself, and the information
in the final economic analysis, the
Secretary may exclude from critical
habitat additional areas beyond those
identified in this assessment under the
provisions of section 4(b)(2) of the Act.

This is also addressed in our
implementing regulations at 50 CFR
424.19.

Benefits of Designating Critical Habitat
The process of designating critical
habitat as described in the Act requires
that the Service identify those lands on
which are found the physical or
biological features essential to the
conservation of the species that may
require special management
considerations or protection, and those
areas outside the geographical area
occupied by the species at the time of
listing that are essential to the
conservation of the species. In
identifying those lands, the Service
must consider the recovery needs of the
species, such that, on the basis of the
best scientific and commercial data
available at the time of designation, the
habitat that is identified, if managed,
could provide for the survival and
recovery of the species.

The identification of those areas that
are essential for the conservation of the
species and can, if managed, provide for
the recovery of a species is beneficial.

The process of proposing and finalizing
a critical habitat rule provides the
Service with the opportunity to
determine the features or PCEs essential
for conservation of the species within
the geographical area occupied by the
species at the time of listing, as well as
to determine other areas essential to the
conservation of the species. The
designation process includes peer
review and public comment on the
identified features and areas. This
process is valuable to land owners and
managers in developing conservation
management plans for identified areas,
as well as any other occupied habitat or
suitable habitat that may not have been
included in the Service’s determination
of essential habitat.

The consultation provisions under
section 7(a) of the Act constitute the
regulatory benefits of critical habitat. As
discussed above, Federal agencies must
consult with us on actions that may
affect critical habitat and must avoid
destroying or adversely modifying
critical habitat. Federal agencies must
also consult with us on actions that may
affect a listed species and refrain from
undertaking actions that are likely to
jeopardize the continued existence of
such species. The analysis of effects to
critical habitat is a separate and
different analysis from that of the effects
to the species. Therefore, the difference
in outcomes of these two analyses
represents the regulatory benefit of
critical habitat. For some species, and in
some locations, the outcome of these
analyses will be similar, because effects
on habitat will often result in effects on
the species. However, the regulatory
standard is different: the jeopardy
analysis looks at the action’s impact on
survival and recovery of the species,
while the adverse modification analysis
looks at the action’s effects on the
designated habitat’s contribution to the
species’ conservation. This will, in
many instances, lead to different results
and different regulatory requirements.

For 30 years prior to the Ninth
Circuit’s decision in Gifford Pinchot,
consistent with the 1986 regulations, we
essentially combined the jeopardy
standard with the standard for
destruction or adverse modification of
critical habitat when evaluating Federal
actions that affected currently occupied
critical habitat. However, the court of
appeals ruled that the two standards are
distinct and that adverse modification
evaluations require consideration of
impacts on species recovery. Thus,
critical habitat designations may
provide greater regulatory benefits to the
recovery of a species than would listing
alone.

There are two limitations to the
regulatory effect of critical habitat. First,
a section 7(a)(2) consultation is required
only where there is a Federal nexus (an
action authorized, funded, or carried out
by any Federal agency)—if there is no
Federal nexus, the critical habitat
designation of private lands itself does
not restrict any actions that destroy or
adversely modify critical habitat.

Second, the designation only limits
destruction or adverse modification. By
its nature, the prohibition on adverse
modification is designed to ensure that
the conservation role and function of
those areas that contain the physical
and biological features essential to the
conservation of the species or of
unoccupied areas that are essential to
the conservation of the species is not
appreciably reduced. Critical habitat
designation alone, however, does not
require property owners to undertake
specific steps toward recovery of the
species.

Once an agency determines that
consultation under section 7(a)(2) of the
Act is necessary, the process may
conclude informally when we concur in
writing that the proposed Federal action
is not likely to adversely affect critical
habitat. However, if we determine
through informal consultation that
adverse impacts are likely to occur, then
we would initiate formal consultation,
which would conclude when we issue
a biological opinion on whether the
proposed Federal action is likely to
result in destruction or adverse
modification of critical habitat.

For critical habitat, a biological
opinion that concludes in a
determination of no destruction or
adverse modification may contain
discretionary conservation
recommendations to minimize adverse
effects to primary constituent elements,
but it would not suggest the
implementation of any reasonable and
prudent alternative. We suggest
reasonable and prudent alternatives to
the proposed Federal action only when
our biological opinion results in an
adverse modification conclusion.

As stated above, the designation of
critical habitat does not require that any
management or recovery actions take
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57754 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules place on the lands included in the
designation. Even in cases where
consultation has been initiated under
section 7(a)(2) of the Act, the end result
of consultation is to avoid jeopardy to
the species and/or adverse modification
of its critical habitat, but not specifically
to manage remaining lands or institute
recovery actions on remaining lands.

Conversely, voluntary conservation
efforts implemented through
management plans institute proactive
actions over the lands they encompass
and are put in place to remove or reduce
known threats to a species or its habitat;
therefore, implementing recovery
actions. We believe that in many
instances the benefit to a species and/
or its habitat realized through the
designation of critical habitat is low
when compared to the conservation
benefit that can be achieved through
voluntary conservation efforts or
management plans. The conservation
achieved through implementing HCPs
or other habitat management plans can
be greater than what we achieve through
multiple site-by-site, project-by-project,
section 7(a)(2) consultations involving
consideration of critical habitat.

Management plans may commit
resources to implement long-term
management and protection to
particular habitat for at least one and
possibly additional listed or sensitive
species. Section 7(a)(2) consultations
commit Federal agencies to preventing
adverse modification of critical habitat
caused by the particular project only,
and not to providing conservation or
long-term benefits to areas not affected
by the proposed project. Thus,
implementation of any HCP or
management plan that considers
enhancement or recovery as the
management standard may often
provide as much or more benefit than a
consultation for critical habitat
designation.

Another benefit of including lands in
critical habitat is that designation of
critical habitat serves to educate
landowners, State and local
governments, and the public regarding
the potential conservation value of an
area. This helps focus and promote
conservation efforts by other parties by
clearly delineating areas of high
conservation value for the Peninsular
bighorn sheep. In general, critical
habitat designation always has
educational benefits; however, in some
cases, they may be redundant with other
educational effects. For example, HCPs
have significant public input and may
largely duplicate the educational
benefits of a critical habitat designation.

Including lands in critical habitat also
would inform State agencies and local
governments about areas that could be
conserved under State laws or local
ordinances.

Conservation Partnerships on NonFederal Lands
Most federally listed species in the
United States will not recover without
cooperation of non-Federal landowners.

More than 60 percent of the United
States is privately owned (National
Wilderness Institute 1995, p. 2), and at
least 80 percent of endangered or
threatened species occur either partially
or solely on private lands (Crouse et al.
2002, p. 720). Stein et al. (1995, p. 400)
found that only about 12 percent of
listed species were found almost
exclusively on Federal lands (90 to 100
percent of their known occurrences
restricted to Federal lands) and that 50
percent of federally listed species are
not known to occur on Federal lands at
all.

Given the distribution of listed
species with respect to land ownership,
conservation of listed species in many
parts of the United States is dependent
upon working partnerships with a wide
variety of entities and the voluntary
cooperation of many non-Federal
landowners (Wilcove and Chen 1998, p.
1407; Crouse et al. 2002, p. 720; James
2002, p. 271). Building partnerships and
promoting voluntary cooperation of
landowners are essential to our
understanding the status of species on
non-Federal lands, and necessary for us
to implement recovery actions such as
reintroducing listed species and
restoring and protecting habitat.

Many non-Federal landowners derive
satisfaction from contributing to
endangered species recovery. We
promote these private-sector efforts
through the Department of the Interior’s
Cooperative Conservation philosophy.

Conservation agreements with nonFederal landowners (HCPs, safe harbor agreements, other conservation
agreements, easements, and State and
local regulations) enhance species
conservation by extending species
protections beyond those available
through section 7 consultations. In the
past decade, we have encouraged nonFederal landowners to enter into conservation agreements, based on the
view that we can achieve greater species
conservation on non-Federal land
through such partnerships than we can
through regulatory methods (61 FR
63854; December 2, 1996).

Many private landowners, however,
are wary of the possible consequences of
attracting endangered species to their
property. Mounting evidence suggests
that some regulatory actions by the
Federal Government, while wellintentioned and required by law, can (under certain circumstances) have
unintended negative consequences for
the conservation of species on private
lands (Wilcove et al. 1996, pp. 5–6;
Bean 2002, pp. 2–3; Conner and
Mathews 2002, pp. 1–2; James 2002, pp.
270–271; Koch 2002, pp. 2–3; Brook et
al. 2003, pp. 1639–1643). Many
landowners fear a decline in their
property value due to real or perceived
restrictions on land-use options where
threatened or endangered species are
found. Consequently, harboring
endangered species is viewed by many
landowners as a liability. This
perception results in anti-conservation
incentives because maintaining habitats
that harbor endangered species
represents a risk to future economic
opportunities (Main et al. 1999, pp.
1264–1265; Brook et al. 2003, pp. 1644–
1648).

According to some researchers, the
designation of critical habitat on private
lands significantly reduces the
likelihood that landowners will support
and carry out conservation actions
(Main et al. 1999, p. 1263; Bean 2002,
p. 2; Brook et al. 2003, pp. 1644–1648).

The magnitude of this outcome is
greatly amplified in situations where
active management measures (such as
reintroduction, fire management, and
control of invasive species) are
necessary for species conservation (Bean
2002, pp. 3–4). We believe that the
judicious use of excluding specific areas
of non-federally owned lands from
critical habitat designations can
contribute to species recovery and
provide a superior level of conservation
than critical habitat alone.

The purpose of designating critical
habitat is to contribute to the
conservation of threatened and
endangered species and the ecosystems
upon which they depend. The outcome
of the designation, triggering regulatory
requirements for actions funded,
authorized, or carried out by Federal
agencies under section 7(a)(2) of the
Act, can sometimes be
counterproductive to its intended
purpose on non-Federal lands. Thus the
benefits of excluding areas that are
covered by effective partnerships or
other conservation commitments can
often be high.

Benefits of Excluding Lands With
Approved Management Plans
The benefits of excluding lands
within approved long-term management
plans (including HCPs) from critical
habitat designation include relieving
landowners, communities, and counties
of any additional regulatory burden that
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57755 might be imposed by critical habitat.

Many conservation plans provide
conservation benefits not only to listed
species, but to unlisted sensitive species
as well, resulting in enhanced
ecosystem management. Imposing an
additional regulatory review as a result
of the designation of critical habitat may
undermine conservation efforts and
partnerships in many areas. Designation
of critical habitat within the boundaries
of management plans that provide
conservation measures for a species
could be viewed as a disincentive to
entities currently developing these
plans or contemplating them in the
future, because one of the incentives for
undertaking conservation is greater ease
of permitting where listed species will
be affected. Addition of a new
regulatory requirement would remove a
significant incentive for undertaking the
time and expense of management
planning.

A related benefit of excluding lands
within management plans from critical
habitat designation is the unhindered,
continued ability it gives us to seek new
partnerships with future plan
participants, including States, counties,
local jurisdictions, conservation
organizations, and private landowners,
which together can implement
conservation actions that we would be
unable to accomplish otherwise.

Designating lands within approved
management plan areas as critical
habitat would likely have a negative
effect on our ability to establish new
partnerships to develop these plans,
particularly plans that address
landscape-level conservation of species
and habitats. By preemptively excluding
these lands, we preserve our current
partnerships and encourage additional
conservation actions in the future.

Furthermore, both HCP and Natural
Community Conservation Plan (NCCP)–
HCP applications require consultation,
which would review the effects of all
HCP–covered activities that might
adversely impact the species under a
jeopardy standard, including possibly
significant habitat modification (see
definition of ‘‘harm’’ at 50 CFR 17.3),
even without the critical habitat
designation. In addition, Federal actions
occurring within the plan area that may
affect listed species would still require
consultation under section 7(a)(2) of the
Act, and we would review these actions
for possibly significant habitat
modification, in accordance with the
definition of harm referenced above.

The information provided in the
previous sections applies to all the
following discussions of the benefits of
inclusion and exclusion of critical
habitat.

Areas Considered For Exclusion Under
Section 4(b)(2) of the Act
We are proposing to exclude Tribal
lands in Unit 1 in consideration of
Secretarial Order 3206, ‘‘American
Indian Tribal Rights, Federal Tribal
Trust Responsibilities, and the
Endangered Species Act’’ (June 5, 1997);
the President’s memorandum of April
29, 1994, ‘‘‘‘Government-to-Government
Relations with Native American Tribal
Governments’’ (59 FR 22951); Executive
Order 13175; and the relevant provision
of the Departmental Manual of the
Department of the Interior (512 DM 2).

Furthermore, we are evaluating and
considering the possible exclusion of
private lands in Unit 1 and 2A, which
are covered under the draft Coachella
Valley Multiple Species Habitat
Conservation Plan (MSHCP), under
section 4(b)(2) of the Act, and may
exclude them from the final revised
critical habitat designation for the
Peninsular bighorn sheep. With regard
to the draft Coachella Valley MSHCP
plan area, we are only considering
private lands for exclusion at this time,
while also soliciting comment on the
appropriateness of excluding CDFG and
BLM lands as Memorandum of
Understanding (MOU) partners to the
MSHCP. We are considering the
possible exclusion of the areas covered
by the draft MSHCP because we believe
when the plan is finalized that:
(1) The lands’ value for conservation
will be preserved for the foreseeable
future by existing protective actions,
and
(2) They are appropriate for exclusion
under the ‘‘other relevant factor’’
provisions of section 4(b)(2) of the Act.

We specifically solicit comments on
the inclusion or exclusion of these
areas. In the paragraphs below, we
provide a detailed analysis for
consideration of exclusion of these
lands under section 4(b)(2) of the Act.

Proposed Exclusion of Agua Caliente
Band of Cahuilla Indians Tribal Lands
Under Section 4(b)(2) of the Act—
American Indian Tribal Rights, FederalTribal Trust Responsibilities, and the Endangered Species Act
In accordance with the Secretarial
Order 3206, ‘‘American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act’’ (June 5, 1997); the
President’s memorandum of April 29,
1994, ‘‘Government-to-Government
Relations with Native American Tribal
Governments’’ (59 FR 22951); Executive
Order 13175; and the relevant provision
of the Departmental Manual of the
Department of the Interior (512 DM 2),
we believe that fish, wildlife, and other
natural resources on Tribal lands are
better managed under Tribal authorities,
policies, and programs than through
Federal regulation wherever possible
and practicable. Based on this
philosophy, we believe that, in most
cases, designation of tribal lands as
critical habitat provides very little
additional benefit to threatened and
endangered species. Conversely, such
designation is often viewed by tribes as
unwarranted and an unwanted intrusion
into tribal self governance, thus
compromising the government-togovernment relationship essential to achieving our mutual goals of managing
for healthy ecosystems upon which the
viability of threatened and endangered
species populations depend.

We have determined that
approximately 4,512 ac (1,826 ha) of
tribal land owned by the Agua Caliente
Band of Cahuilla Indians are essential to
the conservation of the Peninsular
bighorn sheep, and are proposing to
exclude these lands under section
4(b)(2) of the Act. In making our final
decision with regard to these Tribal
lands, we will be considering several
factors including our relationship with
the Tribe, the Tribe’s current
management of Peninsular bighorn
sheep habitat, and the Tribe’s ongoing
cooperation with us in the development
of the Agua Caliente Band of Cahuilla
Indians Tribal Habitat Conservation
Plan (Tribal HCP).

The Agua Caliente Band of Cahuilla
Indians highly values its wildlife and
natural resources, and is charged to
preserve and protect these resources
under the Tribal Constitution.

Consequently, the Tribe has long
worked to manage the habitat of wildlife
on its lands, including the habitat of
endangered and threatened species. The
Tribe currently implements a
conservation strategy for the Peninsular
bighorn sheep to protect and manage
bighorn sheep habitat on Tribal lands
(as set forth in the draft Tribal Habitat
Conservation Plan adopted by the Tribe
on or about November 11, 2002). This
conservation strategy requires
conservation of at least 85 percent of
bighorn sheep habitat identified by the
Tribe on Tribal lands and 100 percent
of bighorn sheep use areas and habitat
linkages identified by the Tribe on
Tribal lands. These management
measures provide a substantial
conservation benefit to the subspecies.

In addition, we are currently working
with the Tribe to develop the first Tribal
multiple-species HCP in the United
States. Through this cooperative effort,
the Tribe has demonstrated a sustained
commitment to manage its lands in a
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57756 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules manner consistent with the subspecies’
conservation. We are currently
processing the Tribe’s application for a
section 10(a)(1)(B) permit based on a
revised draft Tribal Habitat
Conservation Plan (2007), and anticipate
publishing a Notice of Availability for
public review in the Federal Register in
October 2007.

The Tribal HCP area will cover
approximately 36,720 ac (14,860 ha) of
land, including approximately 4,512 ac
(1,826 ha) in Unit 1. The Tribe’s goals
for conservation of Peninsular bighorn
sheep are: (1) Conserving habitat within
the Tribal HCP plan area (PCE 1, 2, 3,
4, and 5); (2) maintaining connectivity,
preventing fragmentation, and allowing
movement within key linkage areas
(PCE 1 and 4); and (3) adaptively
managing habitat quality and
subpopulations/ewe groups to alleviate
threats in the Tribal HCP plan area
(Tribal HCP 2007, p. 4–8). Conservation
objectives of the draft Tribal HCP for
Peninsular bighorn sheep include the
following: (1) Ensure implementation of
the Tribal HCP is consistent with the
recovery plan (Service 2000); (2)
conserve a minimum of 17,692 ac (7,160
ha) of habitat within the plan area; (3)
conserve 100 percent of Use Areas
(areas defined by the Tribal HCP to have
high functional value); (4) conserve land
necessary to maintain linkages/
connectivity; (5) minimize direct and
indirect impacts from Covered
Activities by ensuring implementation
of development standards, including
avoidance and minimization measures;
(6) minimize impacts from recreational
activities; (7) alleviate threat of disease
transfer from livestock or nonnative
wildlife; (8) monitor population size
and mortality rates; (9) fund or
undertake additional studies regarding
this subspecies; (10) ensure
management action thresholds are
routinely assessed; (11) implement
adaptive management; and (12)
conserve habitat quality through plan
implementation (Tribal HCP 2007, p. 4–
9).

To aid in the public review of this
proposed revised critical habitat, we are
providing maps of the areas that we are
proposing to exclude. Maps and GIS
layers for areas proposed for exclusion
are available from the Carlsbad Fish and
Wildlife Office (see ADDRESSES) and on
our Web site at http://www.fws.gov/
Carlsbad.

The Benefits of Exclusion Outweigh the
Benefits of Inclusion
The general benefits of critical habitat
described in the ‘‘Benefits of Critical
Habitat Designation’’ section would
apply to habitat designated on Tribal
lands. Activities occurring on Tribal
lands will generally involve a Federal
nexus. However, as discussed above, the
Tribe is aware of the value of Tribal
lands to the conservation of the
Peninsular bighorn sheep and currently
implements management measures that
contribute to the conservation of the
subspecies and protect its essential
habitat. Conservation measures will
continue to be implemented by the
Tribe regardless of whether the areas are
designated as critical habitat. In light of
this continued commitment by the Tribe
to manage its lands in a manner that
promotes the conservation of the
Peninsular bighorn sheep, the
designation of critical habitat would
provide minimal additional benefit to
the subspecies on these Tribal lands.

The designation of critical habitat
would be expected to adversely impact
our working relationship with the Tribe
and we believe that Federal regulation
through critical habitat designation
would be viewed as an unwarranted and
unwanted intrusion into tribal natural
resource programs. Our working
relationship with the Tribe has been
extremely beneficial in implementing
natural resource programs of mutual
interest. The benefits of excluding Agua
Caliente Band of Cahuilla Indians Tribal
lands from critical habitat include: (1)
The advancement of our Federal Indian
Trust obligations and our deference to
tribal conservation and natural resource
management plans for their lands and
resources, which includes the
Peninsular bighorn sheep and other
Federal trust species; (2) the
maintenance of effective working
relationships to promote the
conservation of the Peninsular bighorn
sheep and its habitat; (3) the allowance
for continued meaningful collaboration
and cooperation on Peninsular bighorn
sheep management and other resources
of interest to the Federal government;
and (4) the provision of conservation
benefits to desert ecosystems and a host
of species, including the Peninsular
bighorn sheep and its habitat, that might
not otherwise occur.

We believe that the Tribe should be
the governmental entity to manage and
promote the conservation of the
Peninsular bighorn sheep on its lands.

We recognize and endorse the Tribe’s
fundamental right to provide for tribal
resource management activities,
including those relating to Peninsular
bighorn sheep. We have determined that
the identified benefits of excluding the
Tribal lands from the critical habitat
designation outweigh the minimal
benefits of inclusion, and are proposing
to exclude approximately 4,512 ac
(1,826 ha) of Tribal lands in Unit 1 from
the final designation under section
4(b)(2) of the Act.

Exclusion Will Not Result in Extinction
of the Species
We have determined that the
exclusion of approximately 4,512 ac
(1,826 ha) from the final designation of
critical habitat for Peninsular bighorn
sheep will not result in the extinction of
the subspecies because the Tribe
currently implements a conservation
strategy for the Peninsular bighorn
sheep that requires conservation of at
least 85 percent of bighorn sheep habitat
identified by the Tribe on Tribal lands
and 100 percent of bighorn sheep use
areas and habitat linkages identified by
the Tribe on Tribal lands. In addition,
working cooperatively with us, the
Tribe has made substantial progress in
developing its Tribal HCP. Through this
cooperative effort, the Tribe has
demonstrated a sustained commitment
to manage its lands in a manner
consistent with the subspecies’
conservation. Furthermore, the area
proposed for exclusion is occupied by
the Peninsular bighorn sheep, and the
jeopardy standard of section 7 and
routine implementation of conservation
measures through the section 7
consultation process also provide
assurances that the subspecies will not
go extinct. The proposed exclusion of
critical habitat leaves these protections
unchanged from those that would exist
if the proposed excluded areas were
designated as critical habitat. Therefore,
we have determined that the exclusion
of the Tribal lands will not result in the
extinction of the subspecies.

Lands Covered by Management Plans—
Exclusions Under Section 4(b)(2) of the
Act
When performing the required
analysis under section 4(b)(2) of the Act,
the existence of a management plan
(HCPs as well as other types) that
considers enhancement or recovery of
listed species as its management
standard is relevant to our weighing of
the benefits of inclusion of a particular
area in the critical habitat designation.

In analyzing particular areas covered by
management plans under section 4(b)(2)
of the Act, we generally consider a
number of factors including the
following:
(1) Whether the plan is complete and
provides the same or better level of
protection from adverse modification or
destruction than that provided through
a consultation under section 7(a)(2) of
the Act;
(2) Whether there is a reasonable
expectation that the conservation
management strategies and actions will
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57757 be implemented for the foreseeable
future, based on past practices, written
guidance, or regulations; and
(3) Whether the plan provides
conservation strategies and measures
consistent with currently accepted
principles of conservation biology.

Coachella Valley Multiple Species
Habitat Conservation Plan (MSHCP)
We believe that the Coachella Valley
MSHCP, when implemented, will
provide conservation strategies and
measures consistent with the
conservation of the Peninsular bighorn
sheep. We are confident that the plan
will be completed in the near future,
and are considering the exclusion of
non-Federal lands covered by the plan
that provide for the conservation of the
Peninsular bighorn sheep and its PCEs.

We are requesting comments on the
benefit to the Peninsular bighorn sheep
and its PCEs from the conservation
measures established by the Coachella
Valley MSHCP.

The draft MSHCP has been in
development from the mid-1990s to
present. The following entities signed
an MOU (Planning Agreement) to
govern the preparation of the MSHCP:
the Coachella Valley Association of
Governments (CVAG); Cities of
Cathedral City, Coachella, Desert Hot
Springs, Indian Wells, Indio, La Quinta,
Palm Desert, Palm Springs, and Rancho
Mirage; County of Riverside; Service;
California Department of Fish and
Game; BLM; U.S. Forest Service; and
National Park Service. Subsequently,
the California Department of
Transportation, Coachella Valley Water
District, Imperial Irrigation District,
Riverside County Flood Control and
Water Conservation District, Riverside
County Regional Parks and Open Space
District, Riverside County Waste
Management District, California
Department of Parks and Recreation,
and Coachella Valley Mountains
Conservancy decided to participate in
preparation of the MSHCP. The parties
later amended the Planning Agreement
to also address the requirements of the
Natural Community Conservation
Planning (NCCP) Act and prepared an
NCCP pursuant to California Fish and
Game Code Section 2810. The Coachella
Valley Association of Governments,
Coachella Valley Conservation
Commission, County of Riverside,
Riverside County Flood Control and
Water Conservation District, Riverside
County Regional Parks and Open Space
District, Riverside County Waste
Resources Management District, City of
Cathedral City, City of Coachella, City of
Indian Wells, City of Indio, City of La
Quinta, City of Palm Desert, City of
Palm Springs, City of Rancho Mirage,
Coachella Valley Water District,
Imperial Irrigation District, Coachella
Valley Mountains Conservancy,
California Department of
Transportation, and California
Department of Parks and Recreation
have submitted an application to the
Service for a section 10(a)(1)(B) permit
under the Act.

The MSHCP area encompasses
approximately 1.2 million ac (485,623
ha), of which 69,000 ac (27,923 ha) are
Tribal lands and are not included in the
MSHCP, leaving a total of
approximately 1.1 million ac (445,154
ha) addressed by the MSHCP in
Riverside County. BLM has been an
official participant in the draft
Coachella Valley MSHCP planning
process and has committed, under their
California Desert Conservation Area
Plan Amendment (CDCAPA), 95 percent
of their public land base within the
conservation areas of the MSHCP to be
managed consistent with the Coachella
Valley MSHCP once it is completed.

CVAG has demonstrated a sustained
commitment to develop the MSHCP to
comply with section 10(a)(1)(B) of the
Act, the California Endangered Species
Act, and the State’s NCCP program. On
April 21, 2006, the Service published a
notice of availability of the Final
Environmental Impact Statement/
Environmental Impact Report (EIS/EIR)
for the MSHCP (71 FR 20719). On
March 30, 2007, the Service published
a notice of availability of a supplement
to the Final EIS for the MSHCP (72 FR
15148).

The MSHCP adopted the Peninsular
bighorn sheep habitat model described
in the 2000 recovery plan for this
subspecies (Service 2000). Accordingly,
the MSHCP area includes 172,811 ac
(69,934 ha) of modeled Peninsular
bighorn sheep habitat. These 172,811 ac
(69,934 ha) include the approximately
10,761 ac (4,354 ha) we are proposing in
Unit 1 and the approximately 74,998 ac
(30,350 ha) we are proposing in Unit
2A. The draft MSHCP proposes to
ensure conservation of a minimum of 97
percent of all modeled habitat for
Peninsular bighorn sheep as part of the
preferred alternative reserve design that
includes large areas of suitable habitat
(CVAG 2007, p. 9–261). Approximately
78 percent of the proposed conserved
modeled habitat are within Existing
Conservation Lands and will be
managed as part of the Reserve System
(CVAG 2007, p. 9–261); the remaining
19 percent will also be conserved
according to the draft MSHCP (CVAG
2007, p. 9–261). Conservation objectives
of this draft MSHCP include: (1)
Ensuring conservation of important
habitat (PCE 1, 2, 3, 4, and 5); (2)
ensuring connectivity by preventing
fragmentation and maintaining
biological corridors and linkages within
essential habitat to allow dispersal,
provide for population fluctuation, and
enhance genetic diversity (PCE 1 and 4);
and (3) ensuring conservation of habitat
quality through biological monitoring
and adaptive management (PCE 1, 2, 3,
4, and 5) (CVAG 2007, p. 9–261).

According to the draft MSHCP,
disturbance to Peninsular bighorn sheep
with implementation of the plan is
expected to be low because: (1)
Conserved habitat areas are large
enough to maintain self-sustaining
populations of Peninsular bighorn sheep
and incorporate key habitat elements for
the subspecies; (2) implementation of
the MSHCP is consistent with the
recovery strategy delineated in the 2000
recovery plan; (3) implementation of the
conservation objectives to protect
habitat for this subspecies will provide
connectivity; and (4) lands in the
MSHCP reserve system would be
managed and monitored to address
significant edge effect problems, human
disturbance, fragmentation, impacts
from exotic species, and other stressors
to Peninsular bighorn sheep (CVAG
2007, p. 9–261).

Although not yet completed and
implemented, CVAG has made
significant progress in the development
of its MSHCP to meet the requirements
outlined in section 10(a)(1)(B) of the
Act. In light of the Service’s confidence
that CVAG will reach a successful
conclusion to its MSHCP development
process, we are evaluating and
considering the possible exclusion of
approximately 19,211 ac (7,774 ha) of
private land within their preferred
alternative reserve design from the final
revised critical habitat designation for
Peninsular bighorn sheep depending on
the progress made on the draft MSHCP
between now and the publication of the
final rule. We are requesting comments
on the benefits to the Peninsular
bighorn sheep and its PCEs from the
conservation measures established by
the MSHCP.

Included within the MSHCP plan area
are BLM lands, outside of the Coachella
Valley Preserve System, which we are
soliciting comment on the
appropriateness of excluding from the
final revised critical habitat designation
based on BLM’s official participation in
the draft Coachella Valley MSHCP
planning process and commitment
under their CDCAPA to manage their
lands consistent with the Coachella
Valley MSHCP once it is completed. We
are also soliciting comment on the
appropriateness of excluding CDGF
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57758 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules lands within the MSHCP plan area
based on their involvement with the
Coachella Valley MSHCP.

Provisions of the Coachella Valley
MSHCP Specific to Peninsular Bighorn
Sheep
In general, we find that the benefits of
critical habitat designation on lands
within pending HCPs that cover those
species are small, while the benefits of
excluding such lands from designation
of critical habitat are substantial. We are
evaluating and considering the possible
exclusion of approximately 19,211 ac
(7,774 ha) of private land within
CVAG’s MSHCP preferred alternative
reserve design area from the designation
of critical habitat. The evaluation
process involves determining whether
the benefits of excluding these lands
from Units 1 and 2A outweigh the
benefits of including these lands. We
expect the PCEs required by Peninsular
bighorn sheep to benefit by the
conservation measures outlined in the
MSHCP and as described above. In
summary, these conservation measures
include: Conservation of habitat and
implementation of the MSHCP
consistent with the recovery plan
(Service 2000); preservation of essential
habitat and connectivity; biological
monitoring and adaptive management;
and minimization of disturbance and
edge effects. These specific conservation
actions, avoidance and minimization
measures, and management for
Peninsular bighorn sheep and PCEs, if
implemented, are expected to exceed
any conservation value that could be
provided as a result of regulatory
protections afforded through a critical
habitat designation.

Designation of critical habitat alone
does not achieve recovery or require
management of those lands identified in
the critical habitat rule. The exclusion
of these lands that we are currently
evaluating and considering for possible
exclusion from the final critical habitat
designation would help preserve the
partnerships that we have developed
with the local jurisdictions and project
proponents in the development of the
MSHCP. The benefits of excluding these
lands from critical habitat, should the
MSHCP be finalized and implemented,
are expected to outweigh the minimal
benefits of including these lands as
critical habitat, including the
educational benefits of critical habitat
designation through informing the
public of areas important for the longterm conservation of Peninsular bighorn sheep. Such educational benefits can
still be accomplished from materials
provided on our Internet website and
through the overall designation process,
including the notice and public
comment period, which will occur
whether or not these particular areas are
designated.

Economics
We are preparing an analysis of the
economic impacts of proposing revised
critical habitat for the Peninsular
bighorn sheep. We will announce the
availability of the draft economic
analysis as soon as it is completed, at
which time we will seek public review
and comment. At that time, copies of
the draft economic analysis will be
available for downloading from the
Internet at http://carlsbad.fws.gov, or by
contacting the Carlsbad Fish and
Wildlife Office directly (see ADDRESSES).

We may exclude areas from the final
revised rule based on the information in
the economic analysis.

Peer Review
In accordance with our joint policy
published in the Federal Register on
July 1, 1994 (59 FR 34270), we are
requesting the expert opinions of at least
three appropriate independent
specialists regarding this proposed rule.

The purpose of peer review is to ensure
that our proposed revised critical
habitat designation is based on
scientifically sound data, assumptions,
and analyses. We have invited these
peer reviewers to comment during this
public comment period on our specific
assumptions and conclusions in this
proposed revision of critical habitat.

We will consider all comments and
information we receive during this
comment period on this proposed
revised critical habitat rule during our
preparation of a final determination.

Accordingly, our final decision may
differ from this proposal.

Public Hearings
The Act provides for one or more
public hearings on this proposal, if we
receive any request for hearings. We
must receive your request for a public
hearing within 45 days after the date of
publication in the Federal Register.

Send your request to the person named
in FOR FURTHER INFORMATION CONTACT.

We will schedule public hearings on
this proposal, if any are requested, and
announce the dates, times, and places of
those hearings, as well as how to obtain
reasonable accommodations, in the
Federal Register and local newspapers
at least 15 days before the first hearing.

Required Determinations
Regulatory Planning and Review
In accordance with Executive Order
(E.O.) 12866, this document is a
significant rule in that it may raise novel
legal and policy issues. However, based
on information available from the
previous designation, we do not
anticipated that it will have an annual
effect on the economy of $100 million
or more or to affect the economy in a
material way. To determine the
economic consequences of designating
the specific area as critical habitat, we
are preparing a draft economic analysis
of this proposed action, which will be
available for public comment. This
economic analysis also will be used to
determine compliance with E.O. 12866,
the Regulatory Flexibility Act, the Small
Business Regulatory Enforcement
Fairness Act, E.O. 12630, and E.O.
13211.

Further, E.O. 12866 directs Federal
agencies promulgating regulations to
evaluate regulatory alternatives (OMB
Circular A–4, September 17, 2003).

Under Circular A–4, once an agency
determines that the Federal regulatory
action is appropriate, the agency must
consider alternative regulatory
approaches. Because the determination
of critical habitat is a statutory
requirement under the Act, we must
evaluate alternative regulatory
approaches, where feasible, when
promulgating a designation of critical
habitat.

In developing our designations of
critical habitat, we consider economic
impacts, impacts to national security,
and other relevant impacts under
section 4(b)(2) of the Act. Based on the
discretion allowable under this
provision, we may exclude any
particular area from the designation of
critical habitat providing that the
benefits of such exclusion outweigh the
benefits of specifying the area as critical
habitat and that such exclusion would
not result in the extinction of the
species. As such, we believe that the
evaluation of the inclusion or exclusion
of particular areas, or a combination of
both, constitutes our regulatory
alternative analysis for designations.

We will announce the availability of
the draft economic analysis in the
Federal Register and in local
newspapers so that it is available for
public review and comments. At that
time, the draft economic analysis will
also be available on the Internet at
http://carlsbad.fws.gov, or by contacting
the Carlsbad Fish and Wildlife Office
directly (see ADDRESSES).

Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Under the Regulatory Flexibility Act
(RFA: 5 U.S.C. 601 et seq., as amended
by the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996), whenever an agency must
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57759 publish a notice of rulemaking for any
proposed or final rule, it must prepare
and make available for public comment
a regulatory flexibility analysis that
describes the effects of the rule on small
entities (small businesses, small
organizations, and small government
jurisdictions). However, no regulatory
flexibility analysis is required if the
head of the agency certifies the rule will
not have a significant economic impact
on a substantial number of small
entities. SBREFA amended RFA to
require Federal agencies to provide a
statement of the factual basis for
certifying that the rule will not have a
significant economic impact on a
substantial number of small entities.

At this time, we lack the available
economic information necessary to
provide an adequate factual basis for the
required RFA finding. Therefore, we
defer the RFA finding until completion
of the draft economic analysis prepared
under section 4(b)(2) of the Act and E.O.
12866. This draft economic analysis will
provide the required factual basis for the
RFA finding. Upon completion of the
draft economic analysis, we will
announce availability of the draft
economic analysis of the proposed
revised designation in the Federal
Register and reopen the public
comment period for the proposed
revised designation. We will include
with this announcement, as appropriate,
an initial regulatory flexibility analysis
or a certification that the rule will not
have a significant economic impact on
a substantial number of small entities
accompanied by the factual basis for
that determination. We have concluded
that deferring the RFA finding until
completion of the draft economic
analysis is necessary to meet the
purposes and requirements of the RFA.

Deferring the RFA finding in this
manner will ensure that we make a
sufficiently informed determination
based on adequate economic
information and provide the necessary
opportunity for public comment.

Unfunded Mandates Reform Act
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), we make the following findings:
(a) This proposed rule will not
produce a Federal mandate. In general,
a Federal mandate is a provision in
legislation, statute, or regulation that
would impose an enforceable duty upon
State, local, or Tribal governments, or
the private sector, and includes both
‘‘Federal intergovernmental mandates’’
and ‘‘Federal private sector mandates.’’
These terms are defined in 2 U.S.C.
658(5)–(7). ‘‘Federal intergovernmental
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon State, local, or Tribal
governments’’ with two exceptions. It
excludes ‘‘a condition of Federal
assistance.’’ It also excludes ‘‘a duty
arising from participation in a voluntary
Federal program,’’ unless the regulation
‘‘relates to a then-existing Federal
program under which $500,000,000 or
more is provided annually to State,
local, and Tribal governments under
entitlement authority,’’ if the provision
would ‘‘increase the stringency of
conditions of assistance’’ or ‘‘place caps
upon, or otherwise decrease, the Federal
Government’s responsibility to provide
funding,’’ and the State, local, or Tribal
governments ‘‘lack authority’’ to adjust
accordingly. At the time of enactment,
these entitlement programs were:

Medicaid; AFDC work programs; Child
Nutrition; Food Stamps; Social Services
Block Grants; Vocational Rehabilitation
State Grants; Foster Care, Adoption
Assistance, and Independent Living;
Family Support Welfare Services; and
Child Support Enforcement. ‘‘Federal
private sector mandate’’ includes a
regulation that ‘‘would impose an
enforceable duty upon the private
sector, except (i) a condition of Federal
assistance or (ii) a duty arising from
participation in a voluntary Federal
program.’’
The designation of critical habitat
does not impose a legally binding duty
on non-Federal Government entities or
private parties. Under the Act, the only
regulatory effect is that Federal agencies
must ensure that their actions do not
destroy or adversely modify critical
habitat under section 7. While nonFederal entities that receive Federal funding, assistance, or permits, or that
otherwise require approval or
authorization from a Federal agency for
an action may be indirectly impacted by
the designation of critical habitat, the
legally binding duty to avoid
destruction or adverse modification of
critical habitat rests squarely on the
Federal agency. Furthermore, to the
extent that non-Federal entities are
indirectly impacted because they
receive Federal assistance or participate
in a voluntary Federal aid program, the
Unfunded Mandates Reform Act would
not apply, nor would critical habitat
shift the costs of the large entitlement
programs listed above onto State
governments.
(b) Due to current public knowledge
of the subspecies’ protection, the
prohibition against take of the
subspecies both within and outside of
the areas proposed in this rule for
designation and the fact that the vast
majority of the areas proposed in this
rule are currently designated as critical
habitat, we do not believe that this
proposed rule will significantly or
uniquely affect small governments.

Therefore, a Small Government Agency
Plan is not required. However, as we
conduct our economic analysis, we will
further evaluate this issue and revise
this assessment if appropriate.

Takings
In accordance with E.O. 12630
(Government Actions and Interference
with Constitutionally Protected Private
Property Rights), we have analyzed the
potential takings implications of
designating revised critical habitat for
the Peninsular bighorn sheep in a
takings implications assessment. The
takings implications assessment
concludes that this proposed revised
designation of critical habitat for the
Peninsular bighorn sheep does not pose
significant takings implications for
lands within or affected by the
designation.

Federalism
In accordance with E.O. 13132
(Federalism), this proposed rule does
not have significant Federalism effects.

A Federalism assessment is not
required. In keeping with Department of
the Interior and Department of
Commerce policy, we requested
information from, and coordinated
development of, this proposed revised
critical habitat designation with
appropriate State resource agencies in
California. Critical habitat is already
designated for the Peninsular bighorn
sheep. If finalized, this proposal to
revise the designated critical habitat
will result in a significant decrease in
the area designated. Thus, the
designation of revised critical habitat for
the Peninsular bighorn sheep would not
impose any additional regulatory
restrictions to those currently in place
and, therefore, has little incremental
impact on State and local governments
and their activities. The designation
may have some benefit to these
governments because the areas that
contain the features essential to the
conservation of the subspecies are more
clearly defined, and the PCEs of the
habitat necessary to the conservation of
the subspecies are specifically
identified. This information does not
alter where and what federally
sponsored activities may occur.

However, it may assist local
governments in long-range planning
(rather than having them wait for caseby-case section 7 consultations to occur).

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57760 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules Civil Justice Reform
In accordance with E.O. 12988 (Civil
Justice Reform), the Office of the
Solicitor has determined that this
proposed rule does not unduly burden
the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2)
of the Order. We have proposed revised
critical habitat in accordance with the
provisions of the Act. This proposed
rule uses standard property descriptions
and identifies the PCEs within the areas
proposed for designation to assist the
public in understanding the habitat
needs of the Peninsular bighorn sheep.

Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This proposed rule does not contain
any new collections of information that
require approval by OMB under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not
impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.

National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et. seq.)
It is our position that, outside the
jurisdiction of the Circuit Court of the
United States for the Tenth Circuit, we
do not need to prepare environmental
analyses as defined by NEPA (42 U.S.C.
4321 et seq.) in connection with
designating critical habitat under the
Act. We published a notice outlining
our reasons for this determination in the
Federal Register on October 25, 1983
(48 FR 49244). This assertion was
upheld by the Circuit Court of the
United States for the Ninth Circuit Court
(Douglas County v. Babbitt, 48 F.3d
1495 (9th Cir. Ore. 1995), cert. denied
116 S. Ct. 698 (1996)).

Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.

If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.

Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
Government-to-Government Relations
with Native American Tribal
Governments’ (59 FR 22951), E.O.
13175, and the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.

We have identified Tribal lands that
meet the definition of critical habitat for
the Peninsular bighorn sheep, and have
included them in this proposal.

However, we are proposing to exclude
all Tribal lands from the final critical
habitat designation under section 4(b)(2)
of the Act (see ‘‘Proposed Exclusion of
Agua Caliente Band of Cahuilla Indians
Tribal Lands Under Section 4(b)(2) of
the Act’’ for a detailed discussion). We
will continue to coordinate with the
Tribe during the designation process.

Energy Supply, Distribution, or Use
On May 18, 2001, the President issued
an Executive Order (E.O. 13211; Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use) on regulations that
significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. While this proposed
rule to designate revised critical habitat
for the Peninsular bighorn sheep is a
significant regulatory action under E.O.
12866 in that it may raise novel legal
and policy issues, we do not expect it
to significantly affect energy supplies,
distribution, or use. Therefore, this
action is not a significant energy action,
and no Statement of Energy Effects is
required. However, we will further
evaluate this issue as we conduct our
economic analysis, and review and
revise this assessment as warranted.

References Cited
A complete list of all references cited
in this rulemaking is available upon
request from the Field Supervisor,
Carlsbad Fish and Wildlife Office (see
ADDRESSES).

Author
The primary author of this package is
Justin Shoemaker of the Carlsbad Fish
and Wildlife Office.

List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.

Proposed Regulation Promulgation
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17
continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.

2. In § 17.11(h), revise the entry for
‘‘Sheep, bighorn’’ under ‘‘MAMMALS’’
in the List of Endangered and
Threatened Wildlife to read as follows:
§ 17.11 Endangered and threatened
wildlife.
* * * * *
(h) * * *
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57761 Species
Historic range
Vertebrate population where endangered or threatened
Status When listed Critical
habitat
Special
rules Common name Scientific name

MAMMALS
* * * * * * *
Sheep, Peninsular
bighorn.

Ovis canadensis
nelsoni.

U.S.A. (western
conterminous
States), Canada
(south-western),
Mexico (northern).

U.S.A. (CA) Peninsular Ranges.E 634 17.95(a) NA.
* * * * * * *

3. In § 17.95(a), revise the entry for
Bighorn Sheep (Peninsular Ranges)(Ovis
canadensis) to read as follows:
§ 17.95 Critical habitat—fish and wildlife.
(a) Mammals.
* * * * *
Bighorn Sheep (Peninsular Ranges)
(Ovis canadensis nelsoni)
(1) Critical habitat units are depicted
for Riverside, San Diego, and Imperial
Counties, California, on the maps below.
(2) The primary constituent elements
of critical habitat for the Peninsular
bighorn sheep are:
(i) Moderate to steep, open slopes (20
to 60 percent) and canyons, with canopy
cover of 30 percent or less (below 4,600
feet (1,402 meters) elevation in the
Peninsular Ranges) that provide space
for sheltering, predator detection,
rearing of young, foraging and watering,
mating, and movement within and
between ewe groups.
(ii) Presence of a variety of forage
plants, indicated by the presence of
shrubs (e.g., Ambrosia spp., Caesalpinia
spp., Hyptis spp., Sphaeralcea spp.,
Simmondsia spp.), that provide a
primary food source year round, grasses
(e.g., Aristida spp., Bromus spp.) and
cacti (e.g., Opuntia spp.) that provide a
source of forage in the fall, and forbs
(e.g., Plantago spp., Ditaxis spp.) that
provide a source of forage in the spring.
(iii) Steep, rugged, slopes (60 percent
slope or greater) (below 4,600 feet (1,402
meters) elevation in the Peninsular
Ranges) that provide secluded space for
lambing as well as terrain for predator
evasion.
(iv) Alluvial fans, washes, and valley
bottoms that provide important foraging
areas where nutritious and digestible
plants can be more readily found during
times of drought and lactation and that
provide and maintain habitat
connectivity by serving as travel routes
between and within ewe groups,
adjacent mountain ranges, and
important resources areas, such as
foraging areas and escape terrain.
(v) Intermittent and permanent water
sources that are available during
extended dry periods and that provide
relatively nutritious plants and drinking
water.
(3) Critical habitat does not include
manmade structures (such as buildings,
aqueducts, roads, and other paved areas)
and the land on which they are located
existing within the legal boundaries on
the effective date of this rule.
(4) Critical habitat map units. Data
layers defining map units were created
on a base of USGS 1:24,000 maps, and
critical habitat units were then mapped
using Universal Transverse Mercator
(UTM) coordinates.
(5) Note: Index map of critical habitat
units for the Peninsular bighorn sheep
(Map 1) follows:

BILLING CODE 4310–55–P
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57762 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules BILLING CODE 4310–55–C
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57763 (6) Unit 1: San Jacinto Mountains,
Riverside County, California.
(i) From USGS 1:24,000 quadrangles
Desert Hot Springs, Palm Springs, and
San Jacinto Peak, and White Water.

Land bounded by the following
Universal Transverse Mercator (UTM)
North American Datum of 1927
(NAD27) coordinates (E, N): 534134,
3750021; 534465, 3749681; 534495,
3749651; 534495, 3749651; 534495,
3749651; 534495, 3749651; 534572,
3749621; 534997, 3749456; 534792,
3749102; 534885, 3748934; 535128,
3748785; 535310, 3748807; 535426,
3748822; 535471, 3748798; 535663,
3748697; 535706, 3748674; 535706,
3748652; 535713, 3748654; 535739,
3748650; 535777, 3748637; 535816,
3748627; 535834, 3748623; 535944,
3748624; 535999, 3748624; 536000,
3748624; 536000, 3748624; 536056,
3748624; 536056, 3748656; 536499,
3748909; 536927, 3749153; 537308,
3748794; 538009, 3748134; 538064,
3748082; 538535, 3747726; 538535,
3747703; 538566, 3747702; 538901,
3747449; 539106, 3747293; 539235,
3746550; 539240, 3746463; 539240,
3746455; 539254, 3746181; 539088,
3745848; 539244, 3745133; 539265,
3745144; 539562, 3745200; 539802,
3745192; 540194, 3745168; 540512,
3745097; 540512, 3744900; 540511,
3744851; 540512, 3744847; 540521,
3744847; 540607, 3744847; 540817,
3744847; 540900, 3744846; 540900,
3744846; 540900, 3744800; 540900,
3744700; 540900, 3744600; 540900,
3744500; 540900, 3744400; 540800,
3744400; 540800, 3744300; 540700,
3744300; 540600, 3744300; 540600,
3744200; 540511, 3744200; 540504,
3744200; 540500, 3744200; 540500,
3744100; 540503, 3744100; 540511,
3744100; 540600, 3744100; 540600,
3744000; 540600, 3743900; 540700,
3743900; 540700, 3743800; 540700,
3743700; 540800, 3743700; 540800,
3743600; 540800, 3743500; 540885,
3743501; 540883, 3743342; 540906,
3743287; 541006, 3743322; 541083,
3743355; 541120, 3743355; 541171,
3743337; 541299, 3743351; 541300,
3743300; 541300, 3743238; 541300,
3743231; 541300, 3743200; 541321,
3743200; 541321, 3743196; 541330,
3743175; 541340, 3743160; 541342,
3743145; 541344, 3743138; 541348,
3743132; 541353, 3743127; 541356,
3743122; 541362, 3743116; 541368,
3743111; 541371, 3743107; 541376,
3743098; 541377, 3743095; 541379,
3743089; 541378, 3743082; 541380,
3743075; 541381, 3743070; 541384,
3743064; 541388, 3743060; 541395,
3743053; 541403, 3743047; 541413,
3743043; 541417, 3743039; 541425,
3743032; 541431, 3743027; 541436,
3743021; 541441, 3743015; 541446,
3743006; 541451, 3742997; 541455,
3742984; 541464, 3742970; 541466,
3742965; 541471, 3742960; 541477,
3742957; 541484, 3742953; 541494,
3742952; 541501, 3742951; 541508,
3742951; 541523, 3742951; 541527,
3742951; 541532, 3742952; 541539,
3742952; 541547, 3742951; 541555,
3742952; 541559, 3742952; 541562,
3742951; 541571, 3742947; 541581,
3742942; 541589, 3742939; 541594,
3742933; 541600, 3742929; 541607,
3742925; 541616, 3742918; 541624,
3742914; 541633, 3742910; 541640,
3742907; 541651, 3742905; 541659,
3742905; 541659, 3742904; 541653,
3742806; 541679, 3742804; 541670,
3742734; 541637, 3742740; 541625,
3742693; 541648, 3742693; 541662,
3742659; 541682, 3742612; 541683,
3742557; 541683, 3742510; 541683,
3742508; 541670, 3742508; 541661,
3742507; 541661, 3742507; 541661,
3742554; 541615, 3742554; 541616,
3742507; 541598, 3742507; 541598,
3742517; 541517, 3742516; 541476,
3742516; 541436, 3742516; 541411,
3742516; 541400, 3742516; 541395,
3742516; 541377, 3742516; 541376,
3742507; 541385, 3742432; 541375,
3742432; 541375, 3742390; 541374,
3742350; 541368, 3742344; 541374,
3742328; 541354, 3742228; 541329,
3742228; 541330, 3742217; 541331,
3742061; 541331, 3742036; 541331,
3742016; 541332, 3741932; 541340,
3741932; 541369, 3741932; 541369,
3741922; 541370, 3741805; 541370,
3741803; 541370, 3741745; 541357,
3741745; 541334, 3741730; 541294,
3741729; 541261, 3741729; 541261,
3741677; 541271, 3741677; 541271,
3741641; 541271, 3741640; 541271,
3741640; 541271, 3741632; 541126,
3741630; 541100, 3741630; 541100,
3741600; 541100, 3741500; 541100,
3741400; 541100, 3741281; 541176,
3741283; 541189, 3741189; 541192,
3741167; 541203, 3741100; 541300,
3741100; 541400, 3741100; 541500,
3741100; 541600, 3741100; 541600,
3741000; 541600, 3740900; 541600,
3740800; 541600, 3740700; 541600,
3740600; 541653, 3740533; 541700,
3740495; 541700, 3740400; 541800,
3740400; 541900, 3740400; 541934,
3740399; 541935, 3740284; 542001,
3740285; 542000, 3740200; 542000,
3740135; 541936, 3740129; 541942,
3740080; 541965, 3740053; 541966,
3740025; 541939, 3740025; 541815,
3740026; 541744, 3740027; 541718,
3740027; 541660, 3740028; 541660,
3740023; 541656, 3739951; 541628,
3739931; 541607, 3739915; 541605,
3739900; 541600, 3739900; 541600,
3739876; 541596, 3739853; 541587,
3739805; 541586, 3739800; 541584,
3739767; 541582, 3739736; 541584,
3739712; 541586, 3739702; 541584,
3739694; 541585, 3739694; 541586,
3739694; 541586, 3739694; 541587,
3739693; 541587, 3739693; 541587,
3739693; 541588, 3739693; 541588,
3739692; 541588, 3739692; 541589,
3739692; 541589, 3739692; 541589,
3739691; 541589, 3739691; 541590,
3739691; 541590, 3739690; 541590,
3739690; 541590, 3739689; 541590,
3739689; 541591, 3739689; 541591,
3739688; 541591, 3739688; 541591,
3739687; 541591, 3739687; 541591,
3739686; 541591, 3739686; 541590,
3739675; 541587, 3739630; 541587,
3739629; 541587, 3739629; 541587,
3739628; 541587, 3739628; 541587,
3739627; 541587, 3739627; 541587,
3739626; 541587, 3739626; 541587,
3739625; 541587, 3739625; 541587,
3739624; 541588, 3739624; 541588,
3739623; 541588, 3739623; 541588,
3739623; 541588, 3739622; 541589,
3739622; 541589, 3739621; 541589,
3739621; 541589, 3739621; 541590,
3739620; 541590, 3739620; 541590,
3739620; 541591, 3739619; 541591,
3739619; 541591, 3739619; 541592,
3739618; 541592, 3739618; 541592,
3739618; 541593, 3739618; 541593,
3739618; 541593, 3739617; 541594,
3739617; 541594, 3739617; 541595,
3739617; 541595, 3739616; 541596,
3739616; 541596, 3739616; 541596,
3739616; 541597, 3739616; 541597,
3739616; 541598, 3739616; 541598,
3739616; 541600, 3739615; 541600,
3739613; 541563, 3739614; 541552,
3739562; 541589, 3739529; 541590,
3739528; 541608, 3739475; 541612,
3739464; 541663, 3739439; 541692,
3739425; 541695, 3739423; 541700,
3739418; 541700, 3739400; 541716,
3739400; 541731, 3739383; 541733,
3739381; 541755, 3739364; 541790,
3739336; 541792, 3739334; 541800,
3739324; 541800, 3739300; 541700,
3739300; 541700, 3739296; 541644,
3739296; 541644, 3739061; 541644,
3738884; 541866, 3738884; 541933,
3738882; 541933, 3738883; 541952,
3738884; 541952, 3738835; 541969,
3738835; 541969, 3738764; 541969,
3738731; 541969, 3738713; 541969,
3738680; 541976, 3738680; 541951,
3738614; 541948, 3738608; 541944,
3738600; 541900, 3738600; 541900,
3738500; 541900, 3738419; 541900,
3738415; 541900, 3738400; 542000,
3738400; 542000, 3738300; 542000,
3738200; 542000, 3738100; 541900,
3738100; 541900, 3738000; 541900,
3737900; 541900, 3737800; 541800,
3737800; 541800, 3737700; 541800,
3737600; 541800, 3737500; 541800,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
57764 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 3737400; 541800, 3737300; 541800,
3737200; 541800, 3737100; 541800,
3737000; 541654, 3736803; 541356,
3736400; 540393, 3735196; 540363,
3735192; 540248, 3735176; 540154,
3735163; 539396, 3735059; 539294,
3735160; 539283, 3735171; 539017,
3735437; 538757, 3735957; 538752,
3735967; 538746, 3735980; 538742,
3735987; 538295, 3736400; 538230,
3736767; 538230, 3736770; 538226,
3736793; 538192, 3736985; 538020,
3738154; 538050, 3738381; 538054,
3738413; 538089, 3738670; 538554,
3740001; 538562, 3740021; 538570,
3740046; 538536, 3741559; 538504,
3741614; 538492, 3741634; 538054,
3742384; 537372, 3743203; 537372,
3743212; 537364, 3743212; 537345,
3743236; 537276, 3743318; 537194,
3743416; 536728, 3743936; 536656,
3744024; 536634, 3744087; 536100,
3744346; 535828, 3744823; 535817,
3744844; 535732, 3744992; 535666,
3745108; 535665, 3745109; 535413,
3745553; 535253, 3746458; 535247,
3746495; 534970, 3746845; 534866,
3746975; 534865, 3746975; 534176,
3746882; 534115, 3746840; 534063,
3746805; 533524, 3746435; 531977,
3746795; 531267, 3747050; 530862,
3747228; 530502, 3747386; 530397,
3748001; 530372, 3748150; 530502,
3749549; 530595, 3749599; 530839,
3749730; 531024, 3749829; 531605,
3749724; 531646, 3749716; 531687,
3749709; 531689, 3749708; 531720,
3749703; 531721, 3749703; 531721,
3749703; 531733, 3749728; 531811,
3749890; 532087, 3750462; 532854,
3750401; 533216, 3750372; 533936,
3750224; 534059, 3750098; thence
returning to 534134, 3750021.
(ii) Note: Map of Unit 1, San Jacinto
Mountains (Map 2) follows:

BILLING CODE 4310–55–P
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57765 BILLING CODE 4310–55–C
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2EP10OC07.001</GPH>
57766 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules (7) Unit 2A: North Santa Rosa
Moutains, Riverside County, California.
(i) From USGS 1:24,000 quadrangles
Cathedral City, Clark Lake NE, La
Quinta, Martinez Mountain, Palm
Springs, Palm View Peak, Rabbit Peak,
Rancho Mirage, Toro Peak, and Valerie.

Land bounded by the following
Universal Transverse Mercator (UTM)
North American Datum of 1927
(NAD27) coordinates (E, N): 548200,
3735505; 548200, 3735500; 548211,
3735500; 548229, 3735493; 548242,
3735488; 548253, 3735483; 548278,
3735474; 548285, 3735471; 548300,
3735465; 548300, 3735400; 548400,
3735400; 548500, 3735400; 548500,
3735480; 548515, 3735478; 548523,
3735478; 548560, 3735481; 548580,
3735488; 548591, 3735491; 548607,
3735496; 548608, 3735496; 548608,
3735496; 548644, 3735490; 548659,
3735497; 548673, 3735503; 548690,
3735520; 548716, 3735546; 548720,
3735550; 548736, 3735569; 548768,
3735606; 548773, 3735615; 548783,
3735631; 548778, 3735657; 548778,
3735659; 548799, 3735678; 548821,
3735687; 548825, 3735689; 548844,
3735682; 548868, 3735674; 548874,
3735672; 548890, 3735664; 548892,
3735663; 548909, 3735654; 548955,
3735628; 549021, 3735590; 549038,
3735580; 549075, 3735551; 549085,
3735544; 549101, 3735534; 549131,
3735513; 549131, 3735526; 549125,
3735553; 549111, 3735581; 549105,
3735594; 549077, 3735654; 549074,
3735660; 549074, 3735680; 549089,
3735687; 549102, 3735682; 549097,
3735720; 549094, 3735745; 549093,
3735749; 549102, 3735757; 549132,
3735749; 549145, 3735755; 549157,
3735754; 549169, 3735738; 549180,
3735744; 549175, 3735804; 549186,
3735810; 549195, 3735817; 549205,
3735819; 549238, 3735827; 549245,
3735846; 549250, 3735853; 549251,
3735854; 549278, 3735863; 549285,
3735868; 549280, 3735880; 549283,
3735883; 549285, 3735886; 549307,
3735894; 549331, 3735897; 549350,
3735888; 549369, 3735874; 549387,
3735876; 549392, 3735881; 549418,
3735882; 549440, 3735896; 549472,
3735885; 549482, 3735882; 549484,
3735894; 549462, 3735909; 549457,
3735936; 549469, 3735963; 549475,
3735976; 549488, 3735971; 549491,
3735983; 549476, 3736004; 549481,
3736011; 549496, 3736013; 549480,
3736033; 549471, 3736057; 549476,
3736063; 549495, 3736054; 549524,
3736058; 549532, 3736058; 549543,
3736072; 549566, 3736077; 549559,
3736095; 549544, 3736095; 549536,
3736099; 549533, 3736119; 549533,
3736122; 549534, 3736122; 549535,
3736125; 549536, 3736127; 549538,
3736129; 549540, 3736131; 549542,
3736134; 549544, 3736136; 549545,
3736138; 549545, 3736139; 549545,
3736142; 549545, 3736143; 549543,
3736147; 549540, 3736154; 549532,
3736170; 549540, 3736182; 549548,
3736181; 549550, 3736180; 549552,
3736180; 549554, 3736181; 549556,
3736181; 549558, 3736182; 549560,
3736183; 549562, 3736184; 549563,
3736186; 549564, 3736187; 549565,
3736189; 549566, 3736190; 549566,
3736193; 549566, 3736194; 549566,
3736195; 549566, 3736198; 549566,
3736208; 549565, 3736223; 549565,
3736226; 549565, 3736230; 549567,
3736233; 549568, 3736235; 549571,
3736237; 549573, 3736239; 549579,
3736240; 549587, 3736243; 549612,
3736250; 549636, 3736257; 549656,
3736252; 549662, 3736252; 549670,
3736252; 549686, 3736237; 549699,
3736225; 549708, 3736216; 549711,
3736214; 549715, 3736211; 549718,
3736209; 549722, 3736208; 549725,
3736207; 549729, 3736207; 549733,
3736208; 549738, 3736209; 549742,
3736211; 549761, 3736197; 549759,
3736139; 549767, 3736122; 549786,
3736105; 549767, 3736083; 549769,
3736079; 549756, 3736075; 549727,
3736047; 549720, 3736025; 549719,
3736021; 549712, 3736002; 549700,
3735923; 549700, 3735922; 549700,
3735920; 549700, 3735919; 549700,
3735918; 549700, 3735917; 549700,
3735916; 549700, 3735915; 549700,
3735914; 549701, 3735913; 549701,
3735912; 549701, 3735911; 549701,
3735910; 549702, 3735909; 549702,
3735908; 549702, 3735907; 549703,
3735906; 549703, 3735905; 549704,
3735904; 549704, 3735903; 549705,
3735902; 549705, 3735901; 549706,
3735900; 549707, 3735900; 549707,
3735899; 549708, 3735898; 549709,
3735897; 549709, 3735896; 549710,
3735896; 549711, 3735895; 549712,
3735894; 549713, 3735894; 549714,
3735893; 549714, 3735893; 549715,
3735892; 549743, 3735876; 549745,
3735880; 549781, 3735853; 549789,
3735826; 549791, 3735825; 549791,
3735824; 549791, 3735824; 549791,
3735823; 549791, 3735822; 549791,
3735821; 549791, 3735821; 549791,
3735820; 549791, 3735819; 549791,
3735818; 549791, 3735818; 549791,
3735817; 549792, 3735816; 549792,
3735815; 549792, 3735815; 549793,
3735814; 549793, 3735813; 549794,
3735812; 549795, 3735812; 549795,
3735811; 549796, 3735811; 549796,
3735810; 549797, 3735810; 549798,
3735809; 549799, 3735809; 549800,
3735808; 549800, 3735800; 549800,
3735800; 549796, 3735781; 549806,
3735744; 549822, 3735720; 549826,
3735715; 549829, 3735715; 549829,
3735714; 549829, 3735713; 549829,
3735712; 549829, 3735712; 549829,
3735711; 549829, 3735710; 549830,
3735709; 549830, 3735709; 549830,
3735708; 549831, 3735707; 549831,
3735706; 549832, 3735706; 549832,
3735705; 549833, 3735704; 549834,
3735704; 549834, 3735703; 549835,
3735703; 549836, 3735702; 549837,
3735702; 549837, 3735701; 549824,
3735668; 549838, 3735639; 549839,
3735612; 549849, 3735609; 549848,
3735608; 549848, 3735608; 549848,
3735607; 549848, 3735606; 549848,
3735605; 549848, 3735605; 549848,
3735604; 549848, 3735603; 549848,
3735602; 549849, 3735602; 549849,
3735601; 549849, 3735600; 549849,
3735599; 549850, 3735599; 549850,
3735598; 549851, 3735597; 549851,
3735596; 549823, 3735574; 549824,
3735562; 549827, 3735533; 549826,
3735518; 549825, 3735502; 549830,
3735469; 549808, 3735401; 549818,
3735395; 549817, 3735395; 549817,
3735394; 549817, 3735393; 549817,
3735392; 549816, 3735392; 549816,
3735391; 549816, 3735390; 549816,
3735389; 549816, 3735389; 549816,
3735388; 549816, 3735387; 549816,
3735386; 549816, 3735386; 549816,
3735385; 549817, 3735384; 549817,
3735383; 549817, 3735383; 549818,
3735382; 549818, 3735381; 549818,
3735380; 549819, 3735380; 549820,
3735379; 549820, 3735378; 549821,
3735378; 549821, 3735377; 549822,
3735377; 549953, 3735297; 549954,
3735296; 549954, 3735296; 549955,
3735296; 549956, 3735295; 549957,
3735295; 549958, 3735295; 549959,
3735295; 549960, 3735295; 549961,
3735295; 549962, 3735295; 549963,
3735295; 549964, 3735295; 549965,
3735296; 549967, 3735296; 549967,
3735297; 549968, 3735297; 549969,
3735298; 549969, 3735298; 549970,
3735299; 549971, 3735300; 549971,
3735301; 549972, 3735301; 549978,
3735298; 549990, 3735306; 550026,
3735349; 550020, 3735384; 550027,
3735388; 550056, 3735480; 550056,
3735481; 550057, 3735483; 550056,
3735589; 550057, 3735589; 550103,
3735589; 550104, 3735589; 550105,
3735590; 550106, 3735591; 550106,
3735592; 550107, 3735594; 550108,
3735595; 550109, 3735596; 550110,
3735597; 550111, 3735598; 550111,
3735598; 550127, 3735614; 550129,
3735617; 550135, 3735612; 550136,
3735614; 550137, 3735616; 550139,
3735617; 550140, 3735619; 550141,
3735621; 550142, 3735622; 550142,
3735624; 550143, 3735626; 550144,
3735628; 550145, 3735630; 550146,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57767 3735631; 550147, 3735633; 550147,
3735635; 550148, 3735637; 550149,
3735639; 550150, 3735641; 550150,
3735642; 550151, 3735644; 550151,
3735646; 550152, 3735648; 550152,
3735650; 550153, 3735652; 550153,
3735654; 550154, 3735656; 550154,
3735658; 550154, 3735660; 550155,
3735662; 550155, 3735664; 550155,
3735666; 550155, 3735668; 550155,
3735670; 550155, 3735672; 550156,
3735675; 550156, 3735675; 550157,
3735675; 550158, 3735675; 550159,
3735676; 550160, 3735676; 550161,
3735677; 550161, 3735678; 550162,
3735678; 550163, 3735679; 550163,
3735680; 550163, 3735681; 550163,
3735681; 550164, 3735682; 550164,
3735683; 550165, 3735684; 550165,
3735684; 550166, 3735685; 550167,
3735686; 550167, 3735686; 550168,
3735687; 550172, 3735689; 550173,
3735690; 550174, 3735690; 550175,
3735690; 550176, 3735690; 550177,
3735690; 550178, 3735690; 550179,
3735690; 550179, 3735690; 550180,
3735689; 550181, 3735689; 550182,
3735689; 550182, 3735688; 550183,
3735688; 550184, 3735688; 550185,
3735687; 550186, 3735687; 550186,
3735687; 550187, 3735687; 550188,
3735687; 550189, 3735688; 550190,
3735688; 550191, 3735688; 550192,
3735689; 550193, 3735689; 550196,
3735684; 550266, 3735736; 550288,
3735753; 550283, 3735771; 550307,
3735790; 550308, 3735790; 550309,
3735791; 550310, 3735792; 550311,
3735792; 550312, 3735793; 550313,
3735793; 550347, 3735814; 550364,
3735827; 550365, 3735828; 550366,
3735829; 550366, 3735829; 550367,
3735830; 550367, 3735830; 550368,
3735831; 550368, 3735831; 550369,
3735832; 550370, 3735833; 550371,
3735834; 550372, 3735835; 550373,
3735837; 550373, 3735837; 550374,
3735839; 550375, 3735839; 550375,
3735841; 550376, 3735841; 550376,
3735842; 550377, 3735843; 550377,
3735844; 550378, 3735845; 550378,
3735846; 550379, 3735847; 550380,
3735848; 550380, 3735849; 550381,
3735850; 550381, 3735851; 550382,
3735852; 550383, 3735853; 550384,
3735854; 550384, 3735855; 550385,
3735856; 550386, 3735856; 550386,
3735857; 550387, 3735858; 550388,
3735859; 550389, 3735860; 550390,
3735860; 550391, 3735861; 550391,
3735862; 550392, 3735863; 550393,
3735864; 550394, 3735864; 550394,
3735865; 550394, 3735866; 550395,
3735867; 550395, 3735868; 550395,
3735868; 550396, 3735869; 550396,
3735870; 550396, 3735871; 550397,
3735871; 550397, 3735872; 550398,
3735873; 550398, 3735874; 550399,
3735875; 550399, 3735876; 550400,
3735876; 550401, 3735877; 550401,
3735878; 550402, 3735878; 550402,
3735879; 550403, 3735879; 550404,
3735880; 550405, 3735880; 550405,
3735881; 550406, 3735881; 550407,
3735882; 550408, 3735882; 550409,
3735883; 550409, 3735883; 550410,
3735883; 550411, 3735883; 550412,
3735884; 550413, 3735884; 550414,
3735884; 550415, 3735884; 550415,
3735884; 550417, 3735884; 550418,
3735885; 550419, 3735885; 550420,
3735886; 550420, 3735886; 550421,
3735887; 550421, 3735887; 550422,
3735888; 550422, 3735889; 550423,
3735890; 550423, 3735890; 550423,
3735891; 550423, 3735892; 550423,
3735893; 550423, 3735894; 550423,
3735895; 550423, 3735896; 550424,
3735896; 550424, 3735897; 550424,
3735898; 550425, 3735899; 550425,
3735900; 550425, 3735901; 550426,
3735902; 550426, 3735903; 550427,
3735903; 550427, 3735904; 550428,
3735905; 550428, 3735906; 550429,
3735906; 550429, 3735907; 550430,
3735908; 550431, 3735909; 550431,
3735909; 550432, 3735910; 550446,
3735922; 550449, 3735924; 550450,
3735926; 550452, 3735927; 550453,
3735928; 550455, 3735929; 550456,
3735930; 550457, 3735931; 550458,
3735931; 550459, 3735932; 550460,
3735932; 550461, 3735933; 550462,
3735933; 550463, 3735934; 550465,
3735934; 550466, 3735934; 550466,
3735935; 550467, 3735935; 550469,
3735935; 550470, 3735935; 550472,
3735935; 550473, 3735935; 550474,
3735935; 550476, 3735935; 550478,
3735935; 550479, 3735935; 550480,
3735936; 550481, 3735936; 550482,
3735937; 550484, 3735937; 550484,
3735938; 550485, 3735938; 550486,
3735939; 550487, 3735940; 550488,
3735940; 550488, 3735941; 550489,
3735942; 550490, 3735942; 550491,
3735943; 550491, 3735943; 550492,
3735944; 550493, 3735944; 550494,
3735945; 550494, 3735945; 550495,
3735946; 550496, 3735946; 550497,
3735947; 550498, 3735947; 550498,
3735948; 550499, 3735948; 550500,
3735948; 550501, 3735949; 550502,
3735949; 550503, 3735950; 550504,
3735950; 550505, 3735950; 550505,
3735951; 550506, 3735951; 550507,
3735951; 550508, 3735951; 550509,
3735952; 550510, 3735952; 550511,
3735952; 550512, 3735953; 550513,
3735953; 550514, 3735954; 550515,
3735954; 550515, 3735955; 550516,
3735955; 550517, 3735956; 550517,
3735956; 550518, 3735957; 550518,
3735957; 550519, 3735958; 550520,
3735959; 550520, 3735960; 550521,
3735960; 550529, 3735973; 550530,
3735973; 550542, 3735983; 550544,
3735984; 550545, 3735984; 550546,
3735984; 550547, 3735984; 550548,
3735985; 550549, 3735985; 550550,
3735985; 550551, 3735985; 550552,
3735985; 550553, 3735986; 550554,
3735986; 550555, 3735987; 550556,
3735987; 550556, 3735988; 550557,
3735989; 550567, 3736004; 550568,
3736005; 550568, 3736006; 550569,
3736007; 550570, 3736008; 550570,
3736009; 550571, 3736010; 550572,
3736011; 550572, 3736012; 550573,
3736013; 550574, 3736013; 550575,
3736014; 550575, 3736015; 550576,
3736016; 550577, 3736017; 550578,
3736017; 550579, 3736018; 550580,
3736019; 550581, 3736020; 550581,
3736020; 550582, 3736021; 550583,
3736022; 550584, 3736022; 550585,
3736023; 550586, 3736024; 550587,
3736024; 550588, 3736025; 550589,
3736025; 550590, 3736026; 550591,
3736026; 550592, 3736027; 550593,
3736028; 550594, 3736028; 550595,
3736028; 550596, 3736029; 550597,
3736029; 550599, 3736030; 550600,
3736031; 550601, 3736031; 550601,
3736032; 550602, 3736032; 550602,
3736033; 550610, 3736042; 550610,
3736042; 550611, 3736043; 550611,
3736044; 550612, 3736045; 550612,
3736045; 550612, 3736046; 550612,
3736047; 550612, 3736048; 550612,
3736049; 550612, 3736049; 550612,
3736050; 550612, 3736051; 550612,
3736052; 550612, 3736053; 550612,
3736054; 550612, 3736054; 550612,
3736055; 550612, 3736056; 550613,
3736057; 550613, 3736058; 550613,
3736058; 550613, 3736059; 550613,
3736060; 550614, 3736061; 550614,
3736061; 550614, 3736062; 550615,
3736063; 550615, 3736064; 550616,
3736065; 550617, 3736066; 550617,
3736067; 550618, 3736068; 550618,
3736068; 550619, 3736069; 550619,
3736069; 550620, 3736070; 550621,
3736070; 550621, 3736071; 550622,
3736071; 550623, 3736072; 550624,
3736072; 550624, 3736073; 550626,
3736073; 550627, 3736074; 550627,
3736074; 550629, 3736075; 550629,
3736075; 550630, 3736075; 550631,
3736075; 550632, 3736076; 550633,
3736076; 550633, 3736077; 550660,
3736090; 550661, 3736090; 550662,
3736090; 550663, 3736091; 550664,
3736091; 550665, 3736092; 550666,
3736092; 550667, 3736092; 550668,
3736093; 550669, 3736093; 550670,
3736093; 550671, 3736094; 550672,
3736094; 550673, 3736094; 550674,
3736094; 550709, 3736105; 550736,
3736113; 550737, 3736113; 550738,
3736114; 550739, 3736114; 550741,
3736115; 550742, 3736115; 550743,
3736115; 550744, 3736115; 550765,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
57768 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 3736119; 550789, 3736125; 550790,
3736125; 550791, 3736125; 550792,
3736126; 550792, 3736126; 550793,
3736127; 550794, 3736127; 550796,
3736128; 550796, 3736128; 550797,
3736129; 550798, 3736129; 550799,
3736129; 550800, 3736129; 550801,
3736130; 550802, 3736130; 550802,
3736130; 550803, 3736131; 550804,
3736131; 550805, 3736131; 550806,
3736131; 550807, 3736131; 550808,
3736131; 550809, 3736132; 550810,
3736132; 550811, 3736132; 550812,
3736132; 550812, 3736132; 550813,
3736132; 550814, 3736132; 550815,
3736132; 550816, 3736132; 550821,
3736132; 550824, 3736132; 550827,
3736132; 550831, 3736132; 550834,
3736131; 550837, 3736131; 550841,
3736131; 550844, 3736130; 550847,
3736130; 550850, 3736129; 550854,
3736129; 550857, 3736128; 550860,
3736127; 550863, 3736126; 550864,
3736126; 550865, 3736126; 550866,
3736126; 550867, 3736126; 550868,
3736126; 550868, 3736125; 550869,
3736125; 550870, 3736125; 550871,
3736125; 550872, 3736125; 550873,
3736125; 550874, 3736125; 550875,
3736125; 550901, 3736125; 550902,
3736125; 550903, 3736125; 550904,
3736125; 550905, 3736125; 550906,
3736125; 550907, 3736124; 550908,
3736124; 550909, 3736124; 550910,
3736124; 550911, 3736125; 550912,
3736125; 550913, 3736125; 550915,
3736126; 550917, 3736126; 550918,
3736127; 550918, 3736127; 550919,
3736128; 550920, 3736128; 550967,
3736165; 550968, 3736166; 550969,
3736167; 550970, 3736168; 550971,
3736169; 550972, 3736170; 550973,
3736171; 550974, 3736172; 550975,
3736173; 550975, 3736174; 550976,
3736175; 550977, 3736176; 550977,
3736176; 550978, 3736177; 550978,
3736178; 550980, 3736180; 550989,
3736173; 551157, 3736197; 551241,
3736173; 551268, 3736187; 551319,
3736092; 551324, 3736042; 551317,
3736031; 551311, 3736021; 551310,
3736020; 551307, 3736011; 551303,
3735998; 551303, 3735997; 551294,
3735983; 551293, 3735983; 551285,
3735979; 551264, 3735969; 551264,
3735967; 551264, 3735960; 551264,
3735960; 551244, 3735943; 551190,
3735896; 551189, 3735895; 551187,
3735886; 551171, 3735873; 551165,
3735873; 551154, 3735873; 551150,
3735865; 551115, 3735830; 551102,
3735816; 551102, 3735815; 551098,
3735805; 551091, 3735791; 551072,
3735779; 551076, 3735764; 551063,
3735753; 551050, 3735741; 551041,
3735722; 551043, 3735708; 551049,
3735682; 551057, 3735667; 551060,
3735659; 551065, 3735644; 551065,
3735641; 551073, 3735648; 551077,
3735648; 551101, 3735619; 551116,
3735585; 551133, 3735573; 551160,
3735560; 551186, 3735546; 551205,
3735511; 551228, 3735497; 551233,
3735494; 551304, 3735476; 551311,
3735469; 551381, 3735436; 551411,
3735419; 551435, 3735404; 551468,
3735383; 551536, 3735343; 551572,
3735315; 551594, 3735296; 551617,
3735278; 551634, 3735258; 551670,
3735214; 551675, 3735190; 551679,
3735168; 551674, 3735152; 551671,
3735135; 551674, 3735122; 551674,
3735100; 551675, 3735046; 551674,
3735025; 551672, 3735012; 551662,
3734991; 551653, 3734968; 551652,
3734954; 551651, 3734935; 551653,
3734918; 551652, 3734900; 551655,
3734883; 551658, 3734863; 551659,
3734854; 551660, 3734840; 551659,
3734832; 551654, 3734815; 551650,
3734802; 551638, 3734790; 551632,
3734783; 551625, 3734774; 551625,
3734773; 551622, 3734768; 551616,
3734755; 551619, 3734741; 551627,
3734719; 551640, 3734696; 551648,
3734679; 551658, 3734666; 551663,
3734656; 551671, 3734648; 551676,
3734638; 551676, 3734621; 551675,
3734604; 551673, 3734581; 551672,
3734567; 551669, 3734541; 551667,
3734521; 551667, 3734506; 551671,
3734496; 551670, 3734466; 551676,
3734459; 551687, 3734445; 551692,
3734430; 551692, 3734419; 551692,
3734404; 551689, 3734390; 551682,
3734375; 551673, 3734362; 551669,
3734353; 551663, 3734334; 551658,
3734324; 551648, 3734316; 551654,
3734312; 551660, 3734312; 551666,
3734306; 551700, 3734301; 551700,
3734300; 551700, 3734297; 551679,
3734251; 551673, 3734237; 551670,
3734230; 551664, 3734220; 551643,
3734193; 551640, 3734187; 551634,
3734168; 551630, 3734153; 551631,
3734133; 551630, 3734122; 551628,
3734112; 551637, 3734102; 551646,
3734106; 551650, 3734105; 551650,
3734096; 551653, 3734090; 551653,
3734075; 551657, 3734063; 551677,
3734010; 551680, 3734004; 551711,
3734004; 551715, 3734004; 551737,
3734004; 551805, 3734027; 551809,
3734042; 551810, 3734043; 551816,
3734047; 551825, 3734048; 551836,
3734048; 551839, 3734048; 551881,
3734101; 551889, 3734112; 551904,
3734125; 551945, 3734158; 551979,
3734170; 552082, 3734080; 552090,
3734061; 552137, 3734072; 552160,
3734053; 552187, 3734097; 552187,
3734109; 552184, 3734126; 552185,
3734139; 552193, 3734173; 552186,
3734186; 552185, 3734198; 552181,
3734210; 552188, 3734225; 552190,
3734240; 552195, 3734278; 552198,
3734300; 552200, 3734300; 552200,
3734311; 552201, 3734320; 552206,
3734342; 552209, 3734353; 552215,
3734369; 552219, 3734382; 552228,
3734400; 552240, 3734412; 552251,
3734427; 552255, 3734430; 552266,
3734440; 552290, 3734453; 552300,
3734460; 552323, 3734473; 552352,
3734482; 552373, 3734483; 552390,
3734479; 552404, 3734471; 552423,
3734463; 552437, 3734454; 552449,
3734445; 552456, 3734437; 552463,
3734429; 552464, 3734429; 552478,
3734419; 552499, 3734405; 552500,
3734405; 552500, 3734400; 552512,
3734400; 552530, 3734395; 552545,
3734391; 552561, 3734387; 552562,
3734386; 552576, 3734336; 552585,
3734300; 552588, 3734278; 552594,
3734268; 552595, 3734255; 552599,
3734243; 552612, 3734239; 552620,
3734223; 552624, 3734212; 552635,
3734201; 552648, 3734193; 552652,
3734182; 552657, 3734170; 552665,
3734162; 552669, 3734155; 552673,
3734116; 552673, 3734111; 552676,
3734099; 552679, 3734087; 552684,
3734076; 552687, 3734065; 552687,
3734051; 552691, 3734031; 552721,
3734010; 552735, 3733982; 552739,
3733974; 552742, 3733967; 552746,
3733960; 552751, 3733951; 552754,
3733942; 552758, 3733934; 552763,
3733930; 552768, 3733929; 552776,
3733926; 552783, 3733923; 552795,
3733920; 552803, 3733920; 552811,
3733922; 552820, 3733923; 552835,
3733924; 552845, 3733925; 552853,
3733926; 552862, 3733928; 552875,
3733930; 552883, 3733934; 552892,
3733938; 552903, 3733940; 552914,
3733944; 552960, 3733965; 552972,
3733975; 552987, 3733986; 553031,
3734027; 553078, 3734057; 553095,
3734078; 553101, 3734109; 553111,
3734152; 553098, 3734180; 553091,
3734204; 553077, 3734242; 553050,
3734295; 553047, 3734301; 553054,
3734339; 553061, 3734356; 553070,
3734363; 553077, 3734368; 553083,
3734373; 553085, 3734375; 553086,
3734382; 553090, 3734386; 553094,
3734384; 553098, 3734391; 553111,
3734399; 553113, 3734400; 553200,
3734400; 553223, 3734400; 553229,
3734398; 553245, 3734392; 553258,
3734384; 553273, 3734376; 553286,
3734370; 553286, 3734370; 553288,
3734369; 553305, 3734357; 553327,
3734344; 553341, 3734334; 553348,
3734327; 553354, 3734324; 553352,
3734318; 553352, 3734310; 553354,
3734302; 553356, 3734293; 553355,
3734284; 553351, 3734275; 553351,
3734275; 553345, 3734268; 553343,
3734257; 553346, 3734250; 553356,
3734234; 553367, 3734225; 553372,
3734218; 553383, 3734201; 553385,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57769 3734195; 553388, 3734187; 553389,
3734172; 553390, 3734162; 553390,
3734151; 553391, 3734140; 553394,
3734132; 553400, 3734124; 553404,
3734115; 553408, 3734104; 553408,
3734097; 553415, 3734087; 553427,
3734080; 553443, 3734064; 553452,
3734060; 553468, 3734052; 553473,
3734043; 553476, 3734033; 553484,
3734028; 553492, 3734022; 553498,
3734016; 553500, 3734015; 553502,
3734011; 553510, 3734003; 553519,
3733988; 553525, 3733981; 553533,
3733977; 553546, 3733969; 553548,
3733960; 553554, 3733947; 553566,
3733938; 553576, 3733942; 553608,
3733921; 553618, 3733926; 553630,
3733936; 553634, 3733939; 553637,
3733934; 553642, 3733928; 553652,
3733919; 553654, 3733918; 553667,
3733915; 553670, 3733840; 553672,
3733783; 553675, 3733743; 553682,
3733693; 553685, 3733673; 553690,
3733628; 553698, 3733560; 553640,
3733444; 553565, 3733353; 553564,
3733352; 553549, 3733377; 553473,
3733275; 553350, 3733112; 553321,
3733073; 553304, 3733037; 553301,
3733029; 553293, 3733010; 553218,
3732821; 553124, 3732581; 553005,
3732465; 552984, 3732425; 552896,
3732424; 552891, 3732422; 552879,
3732417; 552870, 3732413; 552888,
3732400; 553005, 3732318; 553037,
3732269; 553039, 3732265; 553039,
3732265; 553071, 3732232; 553084,
3732224; 553103, 3732215; 553125,
3732202; 553140, 3732194; 553159,
3732187; 553179, 3732187; 553284,
3732144; 553284, 3732142; 553286,
3732136; 553294, 3732133; 553299,
3732136; 553300, 3732137; 553304,
3732150; 553310, 3732161; 553322,
3732172; 553327, 3732179; 553337,
3732179; 553344, 3732185; 553348,
3732196; 553361, 3732200; 553383,
3732200; 553391, 3732204; 553395,
3732224; 553404, 3732245; 553408,
3732262; 553404, 3732290; 553402,
3732310; 553383, 3732340; 553374,
3732345; 553374, 3732358; 553382,
3732367; 553391, 3732365; 553408,
3732365; 553423, 3732370; 553434,
3732372; 553456, 3732333; 553466,
3732314; 553479, 3732295; 553492,
3732277; 553511, 3732265; 553524,
3732262; 553537, 3732265; 553546,
3732260; 553544, 3732250; 553544,
3732234; 553554, 3732230; 553563,
3732224; 553576, 3732217; 553589,
3732204; 553597, 3732202; 553610,
3732202; 553625, 3732200; 553636,
3732196; 553658, 3732189; 553675,
3732194; 553683, 3732183; 553698,
3732200; 553715, 3732237; 553733,
3732239; 553756, 3732239; 553772,
3732233; 553788, 3732248; 553799,
3732247; 553810, 3732260; 553813,
3732271; 553826, 3732281; 553838,
3732282; 553847, 3732289; 553860,
3732291; 553877, 3732286; 553894,
3732280; 553911, 3732275; 553939,
3732234; 553954, 3732217; 553962,
3732202; 553969, 3732176; 553976,
3732165; 554016, 3732149; 553999,
3732116; 553998, 3732115; 553996,
3732100; 554041, 3732073; 554057,
3732063; 554077, 3732092; 554080,
3732092; 554092, 3732091; 554102,
3732099; 554105, 3732116; 554109,
3732150; 554368, 3730690; 554245,
3729777; 554239, 3729775; 554201,
3729779; 554164, 3729784; 554133,
3729781; 554095, 3729767; 554079,
3729754; 554055, 3729695; 554035,
3729675; 554023, 3729667; 554005,
3729655; 553984, 3729646; 553966,
3729644; 553948, 3729653; 553922,
3729659; 553887, 3729667; 553858,
3729674; 553841, 3729677; 553820,
3729671; 553811, 3729653; 553804,
3729633; 553803, 3729622; 553807,
3729592; 553815, 3729576; 553823,
3729561; 553834, 3729536; 553850,
3729507; 553853, 3729480; 553859,
3729446; 553861, 3729423; 553852,
3729387; 553847, 3729361; 553832,
3729318; 553816, 3729275; 553806,
3729250; 553806, 3729249; 553805,
3729247; 553805, 3729246; 553804,
3729244; 553804, 3729243; 553803,
3729242; 553802, 3729240; 553802,
3729239; 553801, 3729237; 553800,
3729236; 553800, 3729235; 553799,
3729233; 553798, 3729232; 553797,
3729231; 553797, 3729229; 553796,
3729228; 553795, 3729227; 553794,
3729226; 553793, 3729224; 553792,
3729223; 553791, 3729222; 553790,
3729221; 553789, 3729220; 553788,
3729218; 553787, 3729217; 553786,
3729216; 553785, 3729215; 553784,
3729214; 553783, 3729213; 553782,
3729212; 553781, 3729211; 553780,
3729210; 553779, 3729209; 553777,
3729208; 553776, 3729207; 553775,
3729206; 553774, 3729205; 553772,
3729204; 553771, 3729203; 553770,
3729202; 553769, 3729202; 553768,
3729201; 553766, 3729201; 553765,
3729200; 553764, 3729200; 553763,
3729199; 553762, 3729199; 553760,
3729198; 553759, 3729198; 553758,
3729197; 553757, 3729196; 553756,
3729196; 553755, 3729195; 553754,
3729194; 553752, 3729194; 553751,
3729193; 553750, 3729192; 553749,
3729192; 553748, 3729191; 553747,
3729190; 553746, 3729189; 553745,
3729188; 553744, 3729188; 553743,
3729187; 553742, 3729186; 553741,
3729185; 553740, 3729184; 553739,
3729183; 553738, 3729182; 553738,
3729181; 553737, 3729180; 553736,
3729179; 553735, 3729178; 553734,
3729177; 553733, 3729176; 553733,
3729175; 553732, 3729174; 553731,
3729173; 553730, 3729172; 553730,
3729171; 553729, 3729170; 553728,
3729169; 553728, 3729168; 553727,
3729166; 553726, 3729165; 553726,
3729164; 553725, 3729163; 553725,
3729162; 553724, 3729161; 553724,
3729159; 553723, 3729158; 553723,
3729157; 553722, 3729156; 553722,
3729155; 553721, 3729153; 553721,
3729152; 553721, 3729151; 553720,
3729150; 553720, 3729148; 553720,
3729147; 553719, 3729146; 553719,
3729144; 553719, 3729143; 553719,
3729142; 553719, 3729141; 553718,
3729139; 553718, 3729138; 553718,
3729137; 553718, 3729135; 553718,
3729134; 553718, 3729133; 553718,
3729132; 553718, 3729130; 553718,
3729129; 553718, 3729128; 553718,
3729126; 553718, 3729125; 553718,
3729124; 553718, 3729122; 553718,
3729121; 553719, 3729120; 553719,
3729119; 553719, 3729117; 553719,
3729116; 553720, 3729115; 553720,
3729113; 553720, 3729112; 553721,
3729111; 553721, 3729110; 553721,
3729108; 553722, 3729107; 553722,
3729106; 553723, 3729105; 553723,
3729104; 553723, 3729102; 553724,
3729101; 553725, 3729100; 553725,
3729099; 553726, 3729098; 553726,
3729096; 553727, 3729095; 553727,
3729094; 553728, 3729093; 553729,
3729092; 553729, 3729091; 553730,
3729090; 553731, 3729089; 553732,
3729088; 553732, 3729087; 553733,
3729086; 553734, 3729084; 553735,
3729083; 553736, 3729082; 553736,
3729081; 553737, 3729081; 553738,
3729080; 553739, 3729079; 553740,
3729078; 553741, 3729077; 553742,
3729076; 553743, 3729075; 553743,
3729075; 553744, 3729074; 553746,
3729073; 553747, 3729072; 553748,
3729071; 553749, 3729071; 553750,
3729070; 553751, 3729069; 553753,
3729069; 553754, 3729068; 553755,
3729067; 553756, 3729067; 553758,
3729066; 553759, 3729065; 553760,
3729065; 553762, 3729064; 553763,
3729064; 553764, 3729063; 553766,
3729063; 553767, 3729062; 553768,
3729062; 553770, 3729061; 553771,
3729061; 553772, 3729061; 553774,
3729060; 553775, 3729060; 553776,
3729060; 553778, 3729060; 553779,
3729059; 553781, 3729059; 553782,
3729059; 553783, 3729059; 553785,
3729059; 553786, 3729058; 553788,
3729058; 553791, 3729058; 553792,
3729058; 553793, 3729058; 553795,
3729058; 553796, 3729058; 553802,
3729059; 553808, 3729059; 553814,
3729059; 553819, 3729059; 553825,
3729058; 553831, 3729058; 553837,
3729058; 553843, 3729057; 553849,
3729057; 553855, 3729056; 553861,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
57770 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 3729055; 553863, 3729055; 553866,
3729054; 553868, 3729054; 553871,
3729053; 553874, 3729053; 553877,
3729052; 553879, 3729051; 553882,
3729050; 553885, 3729050; 553887,
3729049; 553890, 3729048; 553892,
3729047; 553895, 3729046; 553898,
3729045; 553900, 3729044; 553903,
3729043; 553905, 3729042; 553908,
3729041; 553910, 3729039; 553913,
3729038; 553915, 3729037; 553918,
3729036; 553920, 3729034; 553922,
3729033; 553925, 3729031; 553927,
3729030; 553929, 3729028; 553931,
3729027; 553933, 3729025; 553935,
3729024; 553937, 3729022; 553939,
3729021; 553941, 3729020; 553943,
3729018; 553946, 3729017; 553948,
3729016; 553950, 3729015; 553952,
3729013; 553955, 3729012; 553957,
3729011; 553959, 3729010; 553961,
3729009; 553964, 3729008; 553966,
3729007; 553968, 3729006; 553971,
3729005; 553973, 3729004; 553976,
3729004; 553978, 3729003; 553980,
3729002; 553983, 3729002; 553985,
3729001; 553988, 3729000; 553990,
3729000; 553993, 3728999; 553995,
3728999; 553998, 3728999; 554000,
3728998; 554003, 3728998; 554005,
3728998; 554007, 3728997; 554008,
3728997; 554010, 3728997; 554011,
3728997; 554013, 3728997; 554014,
3728996; 554015, 3728996; 554017,
3728996; 554018, 3728996; 554020,
3728995; 554021, 3728995; 554023,
3728995; 554024, 3728994; 554025,
3728994; 554027, 3728993; 554028,
3728993; 554030, 3728992; 554031,
3728992; 554032, 3728991; 554034,
3728990; 554035, 3728990; 554036,
3728989; 554038, 3728989; 554039,
3728988; 554040, 3728987; 554042,
3728986; 554043, 3728986; 554044,
3728985; 554045, 3728984; 554047,
3728983; 554048, 3728982; 554049,
3728982; 554050, 3728981; 554051,
3728980; 554053, 3728979; 554054,
3728978; 554055, 3728977; 554056,
3728976; 554057, 3728975; 554058,
3728974; 554059, 3728973; 554060,
3728972; 554061, 3728971; 554062,
3728970; 554063, 3728969; 554064,
3728968; 554065, 3728966; 554066,
3728965; 554067, 3728964; 554069,
3728962; 554071, 3728960; 554072,
3728957; 554074, 3728955; 554076,
3728953; 554079, 3728950; 554081,
3728948; 554083, 3728946; 554085,
3728944; 554087, 3728942; 554089,
3728940; 554092, 3728938; 554094,
3728936; 554095, 3728935; 554097,
3728934; 554098, 3728933; 554100,
3728931; 554102, 3728930; 554103,
3728929; 554105, 3728928; 554107,
3728927; 554109, 3728926; 554110,
3728925; 554112, 3728924; 554114,
3728923; 554116, 3728922; 554118,
3728921; 554119, 3728920; 554121,
3728919; 554123, 3728918; 554125,
3728917; 554127, 3728916; 554129,
3728916; 554113, 3728802; 554092,
3728802; 554032, 3728802; 553931,
3728801; 553728, 3728800; 553627,
3728799; 553526, 3728799; 553426,
3728798; 553426, 3728726; 553427,
3728678; 553427, 3728598; 553326,
3728597; 553327, 3728496; 553328,
3728395; 553328, 3728294; 553329,
3728192; 553329, 3728091; 553330,
3727992; 553331, 3727895; 553331,
3727792; 553332, 3727689; 553333,
3727590; 553333, 3727489; 553334,
3727388; 553334, 3727287; 553335,
3727187; 553486, 3727188; 553488,
3727145; 553491, 3727087; 553492,
3727080; 553500, 3726986; 553518,
3726879; 553591, 3726724; 553600,
3726707; 553600, 3726700; 553600,
3726600; 553600, 3726500; 553600,
3726400; 553700, 3726400; 553748,
3726400; 553749, 3726399; 553747,
3726395; 553758, 3726342; 553758,
3726341; 553945, 3726216; 554135,
3726156; 554149, 3726142; 554187,
3726105; 554178, 3726042; 554182,
3726038; 554187, 3726031; 554187,
3726030; 554186, 3726026; 554186,
3726025; 554186, 3726022; 554186,
3726018; 554187, 3726015; 554188,
3726013; 554188, 3726011; 554190,
3726008; 554192, 3726005; 554212,
3725983; 554215, 3725979; 554217,
3725977; 554217, 3725976; 554237,
3725975; 554251, 3725960; 554333,
3725946; 554367, 3725967; 554380,
3725976; 554393, 3725984; 554474,
3725956; 554551, 3725915; 554600,
3725889; 554600, 3725800; 554620,
3725800; 554619, 3725760; 554611,
3725760; 554610, 3725760; 554610,
3725760; 554609, 3725760; 554608,
3725760; 554608, 3725760; 554608,
3725760; 554607, 3725760; 554607,
3725760; 554606, 3725760; 554606,
3725760; 554605, 3725760; 554605,
3725759; 554605, 3725759; 554604,
3725759; 554604, 3725759; 554604,
3725759; 554603, 3725759; 554603,
3725759; 554602, 3725759; 554602,
3725758; 554601, 3725758; 554601,
3725758; 554600, 3725758; 554600,
3725757; 554600, 3725757; 554599,
3725757; 554599, 3725757; 554598,
3725756; 554598, 3725756; 554598,
3725756; 554597, 3725756; 554597,
3725755; 554597, 3725755; 554597,
3725755; 554596, 3725755; 554596,
3725755; 554596, 3725754; 554596,
3725754; 554595, 3725754; 554595,
3725753; 554595, 3725753; 554595,
3725753; 554595, 3725753; 554594,
3725752; 554594, 3725752; 554594,
3725751; 554593, 3725751; 554593,
3725751; 554593, 3725750; 554593,
3725750; 554592, 3725750; 554592,
3725749; 554592, 3725749; 554592,
3725749; 554592, 3725748; 554592,
3725748; 554591, 3725748; 554591,
3725747; 554591, 3725747; 554591,
3725747; 554591, 3725746; 554590,
3725746; 554590, 3725746; 554590,
3725745; 554590, 3725745; 554590,
3725744; 554590, 3725744; 554590,
3725744; 554589, 3725743; 554589,
3725743; 554589, 3725743; 554589,
3725742; 554589, 3725742; 554589,
3725741; 554589, 3725741; 554589,
3725741; 554589, 3725740; 554588,
3725740; 554588, 3725740; 554588,
3725739; 554588, 3725739; 554588,
3725739; 554588, 3725738; 554588,
3725738; 554588, 3725738; 554588,
3725737; 554588, 3725737; 554588,
3725736; 554588, 3725736; 554588,
3725735; 554588, 3725735; 554588,
3725735; 554588, 3725734; 554588,
3725734; 554588, 3725733; 554588,
3725733; 554588, 3725732; 554588,
3725732; 554588, 3725730; 554588,
3725729; 554588, 3725729; 554588,
3725728; 554588, 3725728; 554588,
3725727; 554588 3725727; 554588,
3725726; 554588, 3725726; 554589,
3725725; 554589, 3725725; 554589,
3725724; 554589, 3725724; 554589,
3725723; 554589, 3725723; 554589,
3725723; 554589, 3725722; 554590,
3725722; 554590, 3725722; 554590,
3725721; 554590, 3725721; 554590,
3725721; 554590, 3725720; 554590,
3725720; 554590, 3725719; 554591,
3725719; 554591, 3725719; 554591,
3725718; 554591, 3725718; 554591,
3725717; 554592, 3725717; 554592,
3725717; 554592, 3725716; 554592,
3725716; 554593, 3725715; 554593,
3725715; 554593, 3725715; 554593,
3725714; 554594, 3725714; 554594,
3725714; 554594, 3725713; 554595,
3725713; 554595, 3725713; 554595,
3725712; 554595, 3725712; 554596,
3725712; 554596, 3725711; 554596,
3725711; 554597, 3725711; 554597,
3725710; 554597, 3725710; 554598,
3725710; 554598, 3725709; 554598,
3725709; 554599, 3725709; 554599,
3725708; 554599, 3725708; 554600,
3725708; 554600, 3725708; 554601,
3725707; 554601, 3725707; 554601,
3725707; 554602, 3725707; 554602,
3725706; 554602, 3725706; 554603,
3725706; 554603, 3725706; 554603,
3725706; 554604, 3725706; 554604,
3725705; 554604, 3725705; 554605,
3725705; 554605, 3725705; 554605,
3725705; 554606, 3725705; 554606,
3725704; 554607, 3725704; 554607,
3725704; 554607, 3725704; 554608,
3725704; 554608, 3725704; 554609,
3725704; 554609, 3725703; 554609,
3725703; 554610, 3725703; 554610,
3725703; 554618, 3725707; 554632,
3725706; 554660, 3725699; 554705,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57771 3725687; 554759, 3725672; 554789,
3725603; 554789, 3725602; 554857,
3725444; 554913, 3725363; 554955,
3725411; 554966, 3725423; 554994,
3725457; 555049, 3725501; 555038,
3725534; 555037, 3725534; 554953,
3725581; 554954, 3725584; 556747,
3725031; 557936, 3724088; 558510,
3724252; 559822, 3725688; 560478,
3727041; 561094, 3727369; 561750,
3727082; 562570, 3725442; 562693,
3724006; 562980, 3722489; 563513,
3721997; 564088, 3722418; 564089,
3722418; 564122, 3722411; 564155,
3722405; 564169, 3722414; 564188,
3722426; 564188, 3722427; 564189,
3722427; 564189, 3722427; 564189,
3722428; 564190, 3722428; 564190,
3722428; 564190, 3722428; 564191,
3722429; 564191, 3722429; 564191,
3722429; 564191, 3722429; 564191,
3722430; 564192, 3722430; 564192,
3722431; 564192, 3722431; 564193,
3722431; 564193, 3722432; 564193,
3722432; 564193, 3722432; 564194,
3722433; 564194, 3722433; 564194,
3722434; 564194, 3722434; 564194,
3722435; 564194, 3722435; 564195,
3722435; 564195, 3722435; 564195,
3722436; 564195, 3722436; 564195,
3722437; 564195, 3722437; 564195,
3722438; 564195, 3722438; 564195,
3722438; 564196, 3722439; 564196,
3722439; 564196, 3722440; 564196,
3722440; 564196, 3722441; 564196,
3722441; 564196, 3722442; 564196,
3722442; 564196, 3722442; 564196,
3722443; 564196, 3722443; 564196,
3722444; 564196, 3722444; 564196,
3722444; 564196, 3722445; 564209,
3722445; 564209, 3722447; 564208,
3722593; 564207, 3722807; 564206,
3722886; 564204, 3723251; 564211,
3723251; 564211, 3723251; 564210,
3723363; 564243, 3723406; 564268,
3723438; 564398, 3723605; 564418,
3723631; 564418, 3723632; 564419,
3723632; 564419, 3723632; 564419,
3723633; 564419, 3723633; 564420,
3723633; 564420, 3723634; 564420,
3723634; 564421, 3723635; 564421,
3723635; 564421, 3723635; 564422,
3723636; 564422, 3723637; 564422,
3723637; 564423, 3723637; 564423,
3723638; 564423, 3723638; 564423,
3723638; 564423, 3723638; 564423,
3723639; 564424, 3723639; 564424,
3723639; 564424, 3723640; 564424,
3723640; 564425, 3723641; 564425,
3723641; 564425, 3723641; 564425,
3723642; 564426, 3723642; 564426,
3723643; 564426, 3723644; 564427,
3723644; 564427, 3723645; 564427,
3723645; 564428, 3723646; 564428,
3723646; 564428, 3723647; 564428,
3723647; 564429, 3723648; 564429,
3723648; 564429, 3723649; 564430,
3723649; 564430, 3723650; 564430,
3723650; 564430, 3723650; 564430,
3723651; 564431, 3723652; 564431,
3723652; 564431, 3723652; 564431,
3723653; 564432, 3723653; 564432,
3723654; 564432, 3723654; 564432,
3723655; 564432, 3723655; 564433,
3723656; 564433, 3723656; 564438,
3723663; 564442, 3723714; 564442,
3723714; 564435, 3723789; 564440,
3723798; 564463, 3723846; 564481,
3723875; 564488, 3723896; 564506,
3723919; 564509, 3723922; 564514,
3723928; 564568, 3723964; 564581,
3723968; 564581, 3723969; 564582,
3723969; 564582, 3723969; 564583,
3723969; 564640, 3723990; 564641,
3723991; 564641, 3723991; 564642,
3723991; 564642, 3723991; 564653,
3723995; 564653, 3724000; 564700,
3724000; 564700, 3724073; 564917,
3724081; 564924, 3724081; 565084,
3724082; 565162, 3724083; 565138,
3724144; 565147, 3724163; 565165,
3724200; 565176, 3724200; 565187,
3724196; 565216, 3724186; 565378,
3724172; 565428, 3724264; 565296,
3724353; 565282, 3724363; 565257,
3724379; 565257, 3724421; 565274,
3724448; 565290, 3724441; 565310,
3724432; 565317, 3724438; 565346,
3724460; 565355, 3724622; 565348,
3724812; 565307, 3724890; 565266,
3724966; 565240, 3725013; 565289,
3725063; 565312, 3725087; 565341,
3725165; 565422, 3725156; 565464,
3725152; 565490, 3725149; 565493,
3725149; 565522, 3725145; 565556,
3725116; 565619, 3725062; 565757,
3725065; 565842, 3725067; 565907,
3725026; 565944, 3725002; 565945,
3725002; 565945, 3725002; 565945,
3725002; 565946, 3725001; 565946,
3725001; 565946, 3725001; 565947,
3725001; 565947, 3725001; 565947,
3725001; 565948, 3725000; 565948,
3725000; 565948, 3725000; 565948,
3725000; 565949, 3725000; 565949,
3725000; 565949, 3725000; 565950,
3725000; 565950, 3725000; 565950,
3725000; 565951, 3725000; 565951,
3724999; 565952, 3724999; 565952,
3724999; 565953, 3724999; 565953,
3724999; 565954, 3724999; 565954,
3724999; 565955, 3724999; 565955,
3724999; 565956, 3724999; 565956,
3724999; 565956, 3724999; 565957,
3724999; 565957, 3725000; 565958,
3725000; 565958, 3725000; 565959,
3725000; 565959, 3725000; 565959,
3725000; 565960, 3725000; 565960,
3725000; 565960, 3725000; 565961,
3725000; 565961, 3725001; 565961,
3725001; 565962, 3725001; 565962,
3725001; 565962, 3725001; 565962,
3725001; 565963, 3725001; 565963,
3725002; 565964, 3725002; 565964,
3725002; 565964, 3725002; 565965,
3725003; 565965, 3725003; 565965,
3725003; 565966, 3725003; 565966,
3725004; 565966, 3725004; 565967,
3725004; 565967, 3725005; 565967,
3725005; 565968, 3725005; 565968,
3725006; 565968, 3725006; 565969,
3725006; 565969, 3725007; 565969,
3725007; 565969, 3725007; 565970,
3725008; 565970, 3725008; 565970,
3725009; 565970, 3725009; 565971,
3725009; 565971, 3725010; 565971,
3725010; 565971, 3725011; 565971,
3725011; 565971, 3725011; 565971,
3725011; 565972, 3725012; 565972,
3725012; 565972, 3725013; 565972,
3725013; 565972, 3725013; 565972,
3725014; 565972, 3725014; 565972,
3725015; 565972, 3725015; 565972,
3725015; 565972, 3725016; 565972,
3725016; 565972, 3725016; 565972,
3725017; 565972, 3725017; 565972,
3725018; 565972, 3725018; 565972,
3725019; 565972, 3725019; 565972,
3725019; 565972, 3725020; 565972,
3725020; 565972, 3725020; 565972,
3725021; 565972, 3725021; 565972,
3725022; 565972, 3725022; 565972,
3725023; 565972, 3725023; 565971,
3725024; 565971, 3725024; 565971,
3725025; 565903, 3725182; 565900,
3725220; 565900, 3725300; 565892,
3725300; 565888, 3725336; 565867,
3725351; 565866, 3725352; 565800,
3725398; 565800, 3725400; 565800,
3725424; 565845, 3725432; 565848,
3725480; 565865, 3725483; 565865,
3725483; 565883, 3725486; 565899,
3725489; 565909, 3725521; 565910,
3725530; 565910, 3725531; 565910,
3725532; 565913, 3725559; 565900,
3725588; 565900, 3725600; 565900,
3725669; 565900, 3725670; 565900,
3725670; 565900, 3725700; 565888,
3725700; 565864, 3725716; 565856,
3725765; 565849, 3725813; 565849,
3725814; 565849, 3725814; 565849,
3725815; 565849, 3725815; 565849,
3725816; 565849, 3725817; 565849,
3725817; 565849, 3725818; 565849,
3725818; 565849, 3725819; 565849,
3725819; 565849, 3725820; 565849,
3725821; 565849, 3725822; 565849,
3725822; 565849, 3725823; 565849,
3725824; 565849, 3725825; 565849,
3725825; 565849, 3725826; 565849,
3725826; 565849, 3725827; 565849,
3725827; 565849, 3725828; 565850,
3725829; 565850, 3725830; 565850,
3725831; 565850, 3725831; 565850,
3725832; 565851, 3725833; 565851,
3725834; 565851, 3725834; 565851,
3725835; 565852, 3725836; 565852,
3725837; 565852, 3725837; 565852,
3725838; 565853, 3725838; 565853,
3725839; 565853, 3725839; 565853,
3725840; 565854, 3725841; 565854,
3725842; 565855, 3725842; 565855,
3725843; 565856, 3725844; 565856,
3725845; 565857, 3725846; 565858,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
57772 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 3725848; 565859, 3725849; 565860,
3725850; 565861, 3725851; 565861,
3725851; 565862, 3725852; 565862,
3725852; 565862, 3725852; 565863,
3725853; 565863, 3725854; 565864,
3725854; 565865, 3725855; 565865,
3725855; 565866, 3725856; 565867,
3725856; 565867, 3725857; 565868,
3725857; 565869, 3725858; 565870,
3725858; 565871, 3725859; 565872,
3725860; 565873, 3725860; 565875,
3725861; 565876, 3725862; 565876,
3725862; 565877, 3725862; 565877,
3725862; 565878, 3725862; 565878,
3725863; 565879, 3725863; 565879,
3725863; 565880, 3725863; 565881,
3725863; 565881, 3725864; 565882,
3725864; 565882, 3725864; 565883,
3725864; 565884, 3725864; 565884,
3725864; 565885, 3725865; 565885,
3725865; 565886, 3725865; 565887,
3725865; 565888, 3725865; 565888,
3725865; 565889, 3725865; 565890,
3725865; 565891, 3725865; 565892,
3725865; 565892, 3725866; 565893,
3725866; 565894, 3725866; 565895,
3725866; 565896, 3725866; 565896,
3725866; 565897, 3725866; 565898,
3725865; 565899, 3725865; 565899,
3725865; 565900, 3725865; 565901,
3725865; 565902, 3725865; 565903,
3725865; 565904, 3725865; 565904,
3725865; 565905, 3725864; 565906,
3725864; 565907, 3725864; 565907,
3725864; 565907, 3725864; 565908,
3725863; 565909, 3725863; 565910,
3725863; 565910, 3725863; 565911,
3725863; 565911, 3725862; 565912,
3725862; 565912, 3725862; 565913,
3725862; 565913, 3725862; 565914,
3725861; 565916, 3725860; 565917,
3725860; 565918, 3725859; 565919,
3725858; 565920, 3725858; 565921,
3725857; 565922, 3725857; 565922,
3725856; 565923, 3725856; 565924,
3725855; 565939, 3725842; 566014,
3725778; 566029, 3725765; 566057,
3725765; 566059, 3725761; 566071,
3725742; 566082, 3725731; 566094,
3725726; 566108, 3725722; 566115,
3725717; 566125, 3725710; 566130,
3725706; 566131, 3725705; 566137,
3725700; 566142, 3725694; 566145,
3725691; 566149, 3725684; 566153,
3725676; 566159, 3725672; 566165,
3725666; 566168, 3725659; 566168,
3725650; 566168, 3725642; 566166,
3725633; 566165, 3725623; 566164,
3725616; 566165, 3725610; 566167,
3725601; 566172, 3725597; 566177,
3725585; 566179, 3725577; 566176,
3725567; 566173, 3725557; 566168,
3725546; 566167, 3725538; 566165,
3725530; 566163, 3725523; 566161,
3725517; 566161, 3725508; 566165,
3725500; 566171, 3725495; 566175,
3725490; 566182, 3725484; 566190,
3725478; 566194, 3725470; 566199,
3725462; 566206, 3725451; 566210,
3725444; 566219, 3725437; 566229,
3725432; 566240, 3725430; 566253,
3725428; 566260, 3725428; 566261,
3725428; 566272, 3725422; 566278,
3725422; 566283, 3725422; 566293,
3725425; 566302, 3725425; 566313,
3725422; 566315, 3725410; 566313,
3725407; 566314, 3725394; 566318,
3725382; 566322, 3725373; 566329,
3725363; 566336, 3725359; 566348,
3725352; 566355, 3725352; 566368,
3725343; 566372, 3725337; 566376,
3725330; 566388, 3725326; 566396,
3725323; 566407, 3725320; 566417,
3725320; 566426, 3725319; 566439,
3725318; 566449, 3725323; 566461,
3725327; 566468, 3725336; 566476,
3725344; 566481, 3725346; 566493,
3725350; 566501, 3725350; 566510,
3725350; 566515, 3725350; 566525,
3725346; 566537, 3725338; 566546,
3725332; 566555, 3725328; 566566,
3725321; 566575, 3725317; 566581,
3725314; 566591, 3725305; 566593,
3725302; 566597, 3725297; 566602,
3725292; 566608, 3725283; 566615,
3725272; 566620, 3725257; 566623,
3725246; 566623, 3725233; 566623,
3725228; 566595, 3725205; 566576,
3725168; 566573, 3725134; 566569,
3725089; 566569, 3725063; 566576,
3725025; 566599, 3724984; 566610,
3724954; 566629, 3724932; 566644,
3724920; 566670, 3724913; 566672,
3724913; 566693, 3724920; 566715,
3724924; 566749, 3724920; 566771,
3724905; 566773, 3724904; 566798,
3724890; 566820, 3724860; 566846,
3724853; 566906, 3724838; 566910,
3724834; 566924, 3724825; 566940,
3724819; 566951, 3724811; 566963,
3724802; 566967, 3724791; 567005,
3724744; 567014, 3724733; 567023,
3724718; 567031, 3724710; 567045,
3724692; 567054, 3724680; 567063,
3724664; 567072, 3724655; 567113,
3724636; 567119, 3724630; 567136,
3724576; 567136, 3724575; 567136,
3724575; 567136, 3724573; 567137,
3724572; 567137, 3724572; 567137,
3724570; 567137, 3724569; 567137,
3724568; 567137, 3724567; 567137,
3724566; 567137, 3724565; 567137,
3724564; 567137, 3724563; 567138,
3724562; 567138, 3724561; 567138,
3724560; 567138, 3724559; 567138,
3724558; 567138, 3724556; 567138,
3724555; 567138, 3724554; 567138,
3724553; 567138, 3724552; 567138,
3724551; 567138, 3724550; 567138,
3724549; 567138, 3724548; 567138,
3724547; 567138, 3724545; 567138,
3724544; 567138, 3724544; 567138,
3724542; 567138, 3724541; 567138,
3724540; 567138, 3724539; 567138,
3724538; 567138, 3724537; 567138,
3724536; 567138, 3724535; 567137,
3724534; 567137, 3724533; 567137,
3724532; 567137, 3724531; 567137,
3724530; 567137, 3724528; 567137,
3724527; 567137, 3724527; 567137,
3724525; 567137, 3724524; 567136,
3724523; 567136, 3724522; 567136,
3724521; 567136, 3724520; 567136,
3724519; 567136, 3724518; 567135,
3724517; 567135, 3724516; 567135,
3724515; 567135, 3724514; 567135,
3724513; 567135, 3724512; 567134,
3724511; 567134, 3724510; 567134,
3724509; 567134, 3724508; 567134,
3724507; 567133, 3724506; 567133,
3724505; 567133, 3724504; 567133,
3724503; 567133, 3724502; 567132,
3724501; 567132, 3724500; 567132,
3724500; 567132, 3724499; 567131,
3724498; 567131, 3724497; 567131,
3724496; 567131, 3724495; 567130,
3724494; 567130, 3724493; 567130,
3724492; 567130, 3724491; 567129,
3724490; 567129, 3724490; 567129,
3724489; 567129, 3724488; 567128,
3724487; 567128, 3724486; 567128,
3724485; 567127, 3724484; 567127,
3724483; 567127, 3724482; 567126,
3724481; 567126, 3724480; 567126,
3724479; 567125, 3724479; 567125,
3724478; 567125, 3724476; 567124,
3724475; 567124, 3724474; 567123,
3724473; 567123, 3724472; 567122,
3724471; 567122, 3724470; 567121,
3724469; 567121, 3724467; 567120,
3724466; 567120, 3724465; 567119,
3724464; 567119, 3724463; 567119,
3724462; 567118, 3724461; 567117,
3724460; 567117, 3724459; 567082,
3724391; 567079, 3724385; 567078,
3724384; 567078, 3724384; 567077,
3724383; 567077, 3724382; 567076,
3724381; 567076, 3724381; 567076,
3724380; 567075, 3724380; 567075,
3724379; 567075, 3724379; 567074,
3724378; 567074, 3724378; 567074,
3724377; 567073, 3724376; 567072,
3724375; 567072, 3724374; 567071,
3724373; 567071, 3724373; 567071,
3724372; 567070, 3724372; 567070,
3724371; 567070, 3724371; 567069,
3724370; 567069, 3724370; 567069,
3724369; 567068, 3724369; 567068,
3724368; 567067, 3724367; 567066,
3724366; 567066, 3724365; 567066,
3724365; 567066, 3724364; 567065,
3724364; 567065, 3724363; 567065,
3724363; 567064, 3724362; 567064,
3724362; 567064, 3724361; 567063,
3724361; 567063, 3724360; 567062,
3724359; 567062, 3724358; 567061,
3724357; 567061, 3724357; 567061,
3724356; 567060, 3724356; 567060,
3724355; 567060, 3724355; 567059,
3724354; 567059, 3724354; 567059,
3724354; 567059, 3724353; 567058,
3724353; 567058, 3724352; 567057,
3724351; 567056, 3724350; 567056,
3724349; 567055, 3724348; 567055,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57773 3724348; 567055, 3724347; 567054,
3724347; 567054, 3724346; 567054,
3724345; 567039, 3724324; 566895,
3724115; 566884, 3724097; 566839,
3724025; 566839, 3724025; 566838,
3724023; 566821, 3723993; 566820,
3723992; 566820, 3723991; 566820,
3723991; 566820, 3723990; 566819,
3723990; 566819, 3723990; 566819,
3723989; 566819, 3723989; 566819,
3723988; 566818, 3723988; 566818,
3723988; 566818, 3723987; 566818,
3723987; 566818, 3723987; 566817,
3723986; 566817, 3723985; 566817,
3723984; 566816, 3723984; 566816,
3723983; 566816, 3723983; 566816,
3723982; 566816, 3723982; 566816,
3723981; 566815, 3723981; 566815,
3723980; 566815, 3723980; 566815,
3723979; 566815, 3723979; 566815,
3723978; 566814, 3723978; 566814,
3723977; 566814, 3723977; 566814,
3723976; 566814, 3723976; 566814,
3723975; 566814, 3723975; 566814,
3723974; 566814, 3723974; 566813,
3723973; 566813, 3723973; 566813,
3723972; 566813, 3723972; 566813,
3723971; 566813, 3723971; 566813,
3723970; 566813, 3723970; 566813,
3723969; 566813, 3723969; 566813,
3723968; 566812, 3723968; 566812,
3723967; 566812, 3723967; 566812,
3723966; 566812, 3723966; 566812,
3723965; 566812, 3723964; 566812,
3723964; 566812, 3723964; 566812,
3723963; 566812, 3723962; 566812,
3723962; 566812, 3723962; 566812,
3723961; 566812, 3723961; 566812,
3723960; 566812, 3723960; 566812,
3723960; 566812, 3723959; 566812,
3723958; 566812, 3723958; 566812,
3723957; 566812, 3723957; 566812,
3723956; 566812, 3723956; 566812,
3723955; 566812, 3723955; 566812,
3723954; 566812, 3723954; 566812,
3723953; 566812, 3723953; 566812,
3723952; 566812, 3723951; 566812,
3723951; 566812, 3723951; 566812,
3723950; 566812, 3723950; 566813,
3723949; 566813, 3723949; 566813,
3723948; 566813, 3723947; 566813,
3723947; 566813, 3723946; 566813,
3723945; 566813, 3723944; 566814,
3723944; 566814, 3723944; 566814,
3723943; 566814, 3723943; 566814,
3723942; 566814, 3723942; 566814,
3723941; 566814, 3723941; 566814,
3723941; 566815, 3723940; 566815,
3723940; 566815, 3723939; 566815,
3723939; 566815, 3723938; 566815,
3723938; 566815, 3723937; 566816,
3723936; 566816, 3723936; 566816,
3723935; 566816, 3723935; 566817,
3723934; 566817, 3723934; 566817,
3723933; 566817, 3723932; 566818,
3723932; 566818, 3723931; 566819,
3723930; 566819, 3723929; 566819,
3723928; 566819, 3723928; 566819,
3723928; 566671, 3723064; 566260,
3722203; 566388, 3720917; 566353,
3720941; 566309, 3720971; 566293,
3721009; 566274, 3721104; 566129,
3721224; 566033, 3721260; 565979,
3721270; 565929, 3721299; 565866,
3721304; 565805, 3721314; 565738,
3721360; 565701, 3721350; 565674,
3721325; 565625, 3721325; 565563,
3721312; 565562, 3721295; 565593,
3721249; 565653, 3721198; 565713,
3721195; 565711, 3721141; 565795,
3721105; 565837, 3721053; 565887,
3721000; 565873, 3720960; 565914,
3720923; 565964, 3720933; 566048,
3720990; 566160, 3720977; 566281,
3720895; 566354, 3720846; 566351,
3720048; 566360, 3720048; 566412,
3720050; 566456, 3720051; 566458,
3720048; 566457, 3720047; 566454,
3720018; 566442, 3720000; 566437,
3719984; 566429, 3719963; 566423,
3719950; 566417, 3719935; 566406,
3719905; 566400, 3719883; 566395,
3719847; 566399, 3719820; 566424,
3719800; 566540, 3719832; 566999,
3718635; 567828, 3717445; 567827,
3717445; 567829, 3717248; 567928,
3717248; 567929, 3717165; 567939,
3717140; 567971, 3717071; 567988,
3717040; 568014, 3717016; 568023,
3717007; 568033, 3716998; 568041,
3716990; 568074, 3716970; 568095,
3716962; 568130, 3716955; 568172,
3716953; 568253, 3716953; 568338,
3716956; 568383, 3716953; 568408,
3716950; 568432, 3716940; 568731,
3716735; 568868, 3716640; 568956,
3716595; 569647, 3716127; 569648,
3716053; 569752, 3716056; 570607,
3715478; 572371, 3713796; 572894,
3712888; 572887, 3712888; 572887,
3712879; 572896, 3712879; 572899,
3712879; 573765, 3711377; 574462,
3708958; 574216, 3707153; 574298,
3706046; 575487, 3704652; 576963,
3703504; 577258, 3703086; 577373,
3702643; 577399, 3702239; 577935,
3700356; 578628, 3698965; 578791,
3698763; 578557, 3698773; 577751,
3698805; 577343, 3698821; 577106,
3698831; 576945, 3698837; 576140,
3698869; 575492, 3698895; 575417,
3698897; 575143, 3699674; 574762,
3700457; 573744, 3701312; 573761,
3701319; 573705, 3701330; 572330,
3701986; 568229, 3704405; 565194,
3706660; 563472, 3709736; 563267,
3710843; 564169, 3711499; 564702,
3712729; 564333, 3714083; 563867,
3714714; 563618, 3714947; 563515,
3715053; 563462, 3715152; 563469,
3715251; 563434, 3715340; 563397,
3715452; 563355, 3715541; 563245,
3715540; 563208, 3715425; 563139,
3715304; 563044, 3715285; 561914,
3715805; 561616, 3715959; 561616,
3715994; 561549, 3715994; 559453,
3717076; 558346, 3717568; 557485,
3717322; 554983, 3717158; 554614,
3717404; 554573, 3718921; 554447,
3719696; 554448, 3719696; 554445,
3719707; 554327, 3720439; 554179,
3720908; 554179, 3720989; 554154,
3720988; 554068, 3721263; 554083,
3721362; 554090, 3721407; 554098,
3721458; 554128, 3721481; 554148,
3721477; 554175, 3721498; 554178,
3721519; 554219, 3721553; 554219,
3721572; 554218, 3721660; 554218,
3721768; 554218, 3721789; 554126,
3721860; 554087, 3721860; 554067,
3721861; 554067, 3721862; 554067,
3721863; 554067, 3721864; 554067,
3721866; 554067, 3721867; 554067,
3721868; 554066, 3721869; 554066,
3721870; 554066, 3721871; 554066,
3721873; 554065, 3721874; 554065,
3721875; 554064, 3721876; 554064,
3721877; 554063, 3721878; 554063,
3721879; 554062, 3721880; 554046,
3721903; 554046, 3721904; 554045,
3721905; 554044, 3721906; 554044,
3721907; 554043, 3721908; 554042,
3721909; 554041, 3721910; 554041,
3721911; 554040, 3721912; 554040,
3721913; 554039, 3721914; 554038,
3721915; 554038, 3721917; 554037,
3721918; 554037, 3721919; 554036,
3721920; 554035, 3721921; 554035,
3721922; 554034, 3721923; 554034,
3721924; 554033, 3721925; 554033,
3721926; 554032, 3721927; 554032,
3721929; 554031, 3721930; 554031,
3721931; 554031, 3721932; 554030,
3721933; 554030, 3721934; 554029,
3721935; 554029, 3721937; 554028,
3721938; 554028, 3721939; 554028,
3721940; 554027, 3721941; 554027,
3721942; 554027, 3721944; 554026,
3721945; 554026, 3721946; 554026,
3721947; 554025, 3721948; 554025,
3721949; 554025, 3721951; 554025,
3721952; 553999, 3721944; 553976,
3721944; 553975, 3722106; 553974,
3722219; 553974, 3722282; 553973,
3722374; 553883, 3722373; 553766,
3722372; 553692, 3722372; 553644,
3722371; 553488, 3722370; 553366,
3722369; 553367, 3722268; 553367,
3722255; 553367, 3722115; 553368,
3721997; 553368, 3721995; 553015,
3722079; 552072, 3722079; 551826,
3722325; 551621, 3722940; 550924,
3723924; 550473, 3725155; 550719,
3725770; 551498, 3726549; 551457,
3727574; 550596, 3728599; 549324,
3729132; 547479, 3730649; 546905,
3731511; 546126, 3733438; 545593,
3735324; 545593, 3736021; 546126,
3736842; 546659, 3736924; 547192,
3736637; 548109, 3735861; 548109,
3735861; 548109, 3735860; 548109,
3735859; 548109, 3735859; 548109,
3735858; 548109, 3735858; 548109,
3735857; 548108, 3735856; 548108,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
57774 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 3735856; 548108, 3735855; 548108,
3735855; 548108, 3735854; 548108,
3735853; 548108, 3735853; 548099,
3735741; 548160, 3735740; 548150,
3735603; 548130, 3735533; 548155,
3735523; 548181, 3735513; 548190,
3735509; thence returning to 548200,
3735505.
(ii) Note: Map of Unit 2A, North Santa
Rosa Mountains (Map 3) follows:

BILLING CODE 4310–55–P
BILLING CODE 4310–55–C
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2EP10OC07.002</GPH>
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57775 (8) Unit 2B: South Santa Rosa
Mountains south to Vallecito
Mountains, Riverside, San Diego, and
Imperial Counties, California.
(i) From USGS 1:24,000 quadrangles
Agua Caliente Hot Springs, Arroyo
Tapiado, Borrego Mountain, Borrego
Mountain SE, Borrego Palm Canyon,
Borrego Sink, Bucksnort Mountain,
Carrizo Mountain NE, Clark Lake, Clark
Lake NE, Collins Valley, Earthquake
Valley, Fonts Point, Harper Canyon,
Plaster City NW, Rabbit Peak, Seventeen
Palms, Tubb Canyon, and Whale Peak.

Land bounded by the following
Universal Transverse Mercator (UTM)
North American Datum of 1927
(NAD27) coordinates (E, N): 552772,
3702586; 552772, 3702567; 552801,
3702567; 552801, 3702539; 552829,
3702539; 552829, 3702511; 552914,
3702511; 552914, 3702482; 552943,
3702482; 552943, 3702454; 552971,
3702454; 552971, 3702426; 552999,
3702426; 552999, 3702397; 553113,
3702397; 553113, 3702369; 553170,
3702369; 553170, 3702340; 553198,
3702340; 553198, 3702312; 553255,
3702312; 553255, 3702284; 553311,
3702284; 553311, 3702255; 553340,
3702255; 553340, 3702284; 553368,
3702284; 553368, 3702312; 553453,
3702312; 553453, 3702284; 553538,
3702284; 553538, 3702255; 553567,
3702255; 553567, 3702227; 553624,
3702227; 553624, 3702199; 553652,
3702199; 553652, 3702227; 553709,
3702227; 553709, 3702255; 553717,
3702255; 554616, 3702119; 556163,
3701891; 557619, 3701709; 559531,
3701800; 560669, 3701800; 561670,
3701390; 562899, 3700617; 564310,
3699934; 569738, 3698190; 570758,
3697602; 570758, 3697546; 570730,
3697546; 570730, 3697433; 570702,
3697433; 570702, 3697404; 570673,
3697404; 570673, 3697262; 570702,
3697262; 570702, 3697206; 570730,
3697206; 570730, 3697177; 570787,
3697177; 570787, 3697206; 570815,
3697206; 570815, 3697234; 570900,
3697234; 570900, 3697177; 570929,
3697177; 570929, 3697149; 570957,
3697149; 570957, 3697121; 571014,
3697121; 571014, 3697092; 571042,
3697092; 571042, 3697064; 571014,
3697064; 571014, 3697036; 570985,
3697036; 570985, 3696950; 570957,
3696950; 570957, 3696894; 571212,
3696894; 571212, 3696865; 571382,
3696865; 571382, 3696752; 571411,
3696752; 571411, 3696667; 571382,
3696667; 571382, 3696553; 571411,
3696553; 571411, 3696525; 571468,
3696525; 571468, 3696497; 571496,
3696497; 571496, 3696440; 571468,
3696440; 571468, 3696326; 571439,
3696326; 571439, 3696270; 571496,
3696270; 571496, 3696241; 571524,
3696241; 571524, 3696184; 571638,
3696184; 571638, 3696156; 571666,
3696156; 571666, 3696128; 571694,
3696128; 571694, 3696071; 571723,
3696071; 571723, 3696043; 571751,
3696043; 571751, 3695901; 571723,
3695901; 571723, 3695759; 571751,
3695759; 571751, 3695731; 571780,
3695731; 571780, 3695702; 571808,
3695702; 571808, 3695645; 571836,
3695645; 571836, 3695589; 571808,
3695589; 571808, 3695532; 571780,
3695532; 571780, 3695475; 571751,
3695475; 571751, 3695447; 571723,
3695447; 571723, 3695390; 571751,
3695390; 571751, 3695362; 571723,
3695362; 571723, 3695333; 571694,
3695333; 571694, 3695192; 571723,
3695192; 571723, 3695163; 571751,
3695163; 571751, 3695192; 571836,
3695192; 571836, 3695163; 571865,
3695163; 571865, 3695078; 571978,
3695078; 571978, 3695050; 572007,
3695050; 572007, 3694993; 571978,
3694993; 571978, 3694965; 571950,
3694965; 571950, 3694879; 571978,
3694879; 571978, 3694851; 572007,
3694851; 572007, 3694823; 572063,
3694823; 572063, 3694738; 572035,
3694738; 572035, 3694709; 572007,
3694709; 572007, 3694624; 571978,
3694624; 571978, 3694596; 571921,
3694596; 571921, 3694511; 571950,
3694511; 571950, 3694369; 572092,
3694369; 572092, 3694340; 572177,
3694340; 572177, 3694312; 572205,
3694312; 572205, 3694085; 572177,
3694085; 572177, 3693830; 572319,
3693830; 572319, 3693660; 572290,
3693660; 572290, 3693546; 572319,
3693546; 572319, 3693518; 572347,
3693518; 572347, 3693489; 572404,
3693489; 572404, 3693461; 572432,
3693461; 572432, 3693489; 572460,
3693489; 572460, 3693518; 572489,
3693518; 572489, 3693546; 572517,
3693546; 572517, 3693574; 572546,
3693574; 572546, 3693603; 572602,
3693603; 572602, 3693660; 572631,
3693660; 572631, 3693688; 572687,
3693688; 572687, 3693716; 572744,
3693716; 572744, 3693773; 572801,
3693773; 572801, 3693745; 572829,
3693745; 572829, 3693716; 572858,
3693716; 572858, 3693603; 572886,
3693603; 572886, 3693575; 572914,
3693575; 572914, 3693518; 572971,
3693518; 572971, 3693489; 572999,
3693489; 572999, 3693404; 573028,
3693404; 573028, 3693149; 573056,
3693149; 573056, 3693121; 573085,
3693121; 573085, 3693007; 573113,
3693007; 573113, 3692979; 573141,
3692979; 573141, 3692950; 573170,
3692950; 573170, 3692979; 573198,
3692979; 573198, 3692950; 573312,
3692950; 573312, 3692894; 573340,
3692894; 573340, 3692837; 573368,
3692837; 573368, 3692809; 573425,
3692809; 573425, 3692752; 573453,
3692752; 573453, 3692723; 573482,
3692723; 573482, 3692667; 573510,
3692667; 573510, 3692638; 573538,
3692638; 573538, 3692610; 573567,
3692610; 573567, 3692582; 573595,
3692582; 573595, 3692525; 573624,
3692525; 573624, 3692411; 573652,
3692411; 573652, 3692355; 573680,
3692355; 573680, 3692326; 573709,
3692326; 573709, 3692270; 573737,
3692270; 573737, 3692241; 573765,
3692241; 573765, 3692184; 573794,
3692184; 573794, 3692128; 573822,
3692128; 573822, 3692071; 573879,
3692071; 573879, 3692099; 573907,
3692099; 573907, 3692326; 573879,
3692326; 573879, 3692468; 573851,
3692468; 573851, 3692610; 573822,
3692610; 573822, 3692752; 573851,
3692752; 573851, 3692780; 573822,
3692780; 573822, 3692979; 573851,
3692979; 574588, 3693121; 574588,
3693064; 574560, 3693061; 574560,
3693035; 574531, 3693035; 574531,
3693007; 574503, 3693007; 574503,
3692979; 574475, 3692979; 574475,
3692865; 574560, 3692865; 574560,
3692837; 574645, 3692837; 574645,
3692780; 574730, 3692780; 574730,
3692752; 574758, 3692752; 574758,
3692695; 574730, 3692695; 574730,
3692638; 574702, 3692638; 574702,
3692582; 574730, 3692582; 574730,
3692610; 574815, 3692610; 574815,
3692553; 574843, 3692553; 574843,
3692525; 574872, 3692525; 574872,
3692411; 574900, 3692411; 574900,
3692383; 574985, 3692383; 574985,
3692496; 575014, 3692496; 575014,
3692610; 575042, 3692610; 575042,
3692667; 575127, 3692667; 575127,
3692638; 575156, 3692638; 575156,
3692610; 575184, 3692610; 575184,
3692582; 575212, 3692582; 575212,
3692553; 575326, 3692553; 575326,
3692582; 575354, 3692582; 575354,
3692610; 575382, 3692610; 575382,
3692582; 575411, 3692582; 575411,
3692525; 575439, 3692525; 575439,
3692468; 575411, 3692468; 575411,
3692355; 575439, 3692355; 575439,
3692326; 575468, 3692326; 575468,
3692298; 575553, 3692298; 575553,
3692270; 575581, 3692270; 575581,
3692213; 575553, 3692213; 575553,
3692184; 575581, 3692184; 575581,
3692128; 575609, 3692128; 575609,
3692099; 575638, 3692099; 575638,
3692071; 575609, 3692071; 575609,
3692014; 575581, 3692014; 575581,
3691957; 575553, 3691957; 575553,
3691901; 575524, 3691901; 575524,
3691787; 575581, 3691787; 575581,
3691645; 575609, 3691645; 575609,
3691589; 575666, 3691589; 575666,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
57776 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 3691560; 575695, 3691560; 575695,
3691504; 575723, 3691504; 575723,
3691475; 575751, 3691475; 575751,
3691447; 575780, 3691447; 575780,
3691390; 575808, 3691390; 575808,
3691362; 575836, 3691362; 575836,
3691277; 575893, 3691277; 575893,
3691305; 575921, 3691305; 575921,
3691333; 575950, 3691333; 575978,
3691333; 575978, 3691447; 575950,
3691447; 575950, 3691532; 576007,
3691532; 576007, 3691504; 576120,
3691504; 576120, 3691475; 576148,
3691475; 576148, 3691447; 576177,
3691447; 576177, 3691248; 576205,
3691248; 576205, 3691220; 576262,
3691220; 576262, 3691248; 576319,
3691248; 576319, 3691532; 576347,
3691532; 576347, 3691617; 576375,
3691617; 576375, 3691674; 576347,
3691674; 576347, 3691759; 576404,
3691759; 576404, 3691816; 576489,
3691816; 576489, 3691759; 576517,
3691759; 576517, 3691731; 576546,
3691731; 576546, 3691702; 576574,
3691702; 576574, 3691504; 576744,
3691504; 576744, 3691447; 576716,
3691447; 576716, 3691333; 576687,
3691333; 576687, 3691305; 576659,
3691305; 576659, 3691248; 576631,
3691248; 576631, 3691163; 576687,
3691163; 576687, 3691135; 576744,
3691135; 576744, 3691021; 576716,
3691021; 576716, 3690879; 576744,
3690879; 576744, 3690851; 576801,
3690851; 576801, 3690879; 576886,
3690879; 576886, 3690851; 576943,
3690851; 576943, 3690879; 576971,
3690879; 576971, 3690908; 576943,
3690908; 576943, 3690965; 576971,
3690965; 576971, 3691050; 576999,
3691050; 576999, 3691106; 577028,
3691106; 577028, 3691191; 577056,
3691191; 577056, 3691220; 577085,
3691220; 577085, 3691248; 577170,
3691248; 577170, 3691220; 577198,
3691220; 577198, 3691191; 577226,
3691191; 577226, 3691163; 577255,
3691163; 577255, 3691135; 577283,
3691135; 577283, 3691163; 577312,
3691163; 577312, 3691191; 577340,
3691191; 577340, 3691277; 577397,
3691277; 577397, 3691248; 577453,
3691248; 577453, 3691220; 577510,
3691220; 577510, 3691248; 577567,
3691248; 577567, 3691277; 577624,
3691277; 577624, 3691248; 577652,
3691248; 577652, 3691220; 577680,
3691220; 577680, 3691191; 577737,
3691191; 577737, 3691277; 577765,
3691277; 577765, 3691305; 577794,
3691305; 577794, 3691362; 577822,
3691362; 577822, 3691390; 577851,
3691390; 577851, 3691418; 577936,
3691418; 577936, 3691447; 578021,
3691447; 578021, 3691475; 578049,
3691475; 578049, 3691560; 578021,
3691560; 578021, 3691617; 577992,
3691617; 577992, 3691731; 577964,
3691731; 577964, 3691759; 577942,
3691813; 577944, 3691860; 577997,
3691933; 578006, 3692036; 578030,
3692165; 578021, 3692284; 577993,
3692375; 577954, 3692414; 577905,
3692446; 577824, 3692457; 577748,
3692443; 577660, 3692384; 577557,
3692341; 577449, 3692316; 577381,
3692264; 577315, 3692216; 577182,
3692146; 577141, 3692070; 577077,
3692027; 577006, 3692042; 576933,
3691993; 576879, 3691970; 576836,
3691965; 576798, 3691978; 576773,
3692043; 576744, 3692043; 576744,
3692383; 576659, 3692383; 576659,
3692411; 576574, 3692411; 576574,
3692440; 576460, 3692440; 576460,
3692468; 576404, 3692468; 576404,
3692496; 576290, 3692496; 576290,
3692525; 576234, 3692525; 576234,
3692582; 576177, 3692582; 576177,
3692610; 576148, 3692610; 576148,
3692638; 576092, 3692638; 576092,
3692723; 576063, 3692723; 576063,
3692809; 576092, 3692809; 576092,
3692837; 576063, 3692837; 576063,
3692979; 576035, 3692979; 576035,
3693036; 576007, 3693036; 576007,
3693121; 575978, 3693121; 575978,
3693149; 575950, 3693149; 575950,
3693177; 575921, 3693177; 575921,
3693149; 575836, 3693149; 575836,
3693177; 575723, 3693177; 575723,
3693262; 575751, 3693262; 575751,
3693348; 575780, 3693348; 575780,
3693376; 575808, 3693376; 575808,
3693404; 575780, 3693404; 575780,
3693433; 575638, 3693433; 575638,
3693404; 575524, 3693404; 575524,
3693433; 575439, 3693433; 575439,
3693404; 575382, 3693404; 575382,
3693433; 575241, 3693433; 575241,
3693489; 575212, 3693489; 575212,
3693518; 575127, 3693518; 575127,
3693489; 575099, 3693489; 575099,
3693433; 575070, 3693433; 575070,
3693461; 575014, 3693461; 575014,
3693546; 574985, 3693546; 574985,
3693575; 575014, 3693575; 575014,
3693603; 574985, 3693603; 574985,
3693631; 574957, 3693631; 574957,
3693603; 574929, 3693603; 574882,
3693602; 574694, 3694053; 574529,
3694524; 574506, 3694971; 574529,
3695794; 574647, 3696406; 574906,
3696664; 575258, 3696758; 575280,
3696752; 575274, 3696773; 575645,
3697220; 575513, 3698626; 575417,
3698897; 575492, 3698895; 576140,
3698869; 576945, 3698837; 577106,
3698831; 577343, 3698821; 577751,
3698805; 578557, 3698773; 578791,
3698763; 579475, 3697914; 580051,
3696677; 579551, 3693708; 582948,
3690942; 583903, 3689828; 584752,
3688448; 585283, 3687440; 585601,
3686060; 585176, 3685052; 584327,
3684415; 583001, 3683885; 581412,
3683518; 578544, 3683407; 573769,
3685728; 571103, 3688624; 569357,
3691796; 568621, 3693129; 566231,
3694186; 563703, 3695151; 561175,
3695013; 558785, 3695335; 558279,
3694324; 558279, 3693450; 559382,
3692439; 560945, 3692347; 563703,
3692072; 564438, 3691198; 565312,
3687981; 565266, 3686326; 564209,
3684533; 563611, 3684809; 558831,
3689222; 557452, 3689314; 556533,
3689176; 556165, 3688256; 554924,
3681592; 554740, 3679385; 555843,
3676536; 556900, 3673686; 559934,
3670560; 564071, 3668400; 571333,
3665412; 576113, 3663390; 580066,
3661735; 582640, 3660448; 583515,
3655760; 585457, 3653852; 588867,
3652806; 590732, 3652397; 592550,
3651942; 594597, 3650441; 595642,
3648486; 595506, 3647213; 594960,
3645894; 593824, 3644985; 591505,
3645076; 589095, 3645485; 587412,
3646167; 583884, 3649167; 581648,
3650315; 578804, 3650497; 574811,
3651340; 572685, 3651727; 570688,
3651276; 569658, 3650825; 568964,
3650527; 568047, 3650310; 567279,
3650197; 566460, 3650255; 565466,
3650948; 564605, 3651791; 564019,
3652596; 563917, 3652839; 563977,
3653013; 564098, 3653155; 564244,
3653230; 564404, 3653262; 564518,
3653262; 564546, 3653262; 564546,
3653205; 564575, 3653205; 564575,
3653177; 564631, 3653177; 564631,
3653205; 564688, 3653205; 564688,
3653233; 564716, 3653233; 564716,
3653262; 564773, 3653262; 564773,
3653290; 564830, 3653290; 564830,
3653319; 564858, 3653319; 564858,
3653347; 564915, 3653347; 564915,
3653319; 565057, 3653319; 565057,
3653347; 565142, 3653347; 565142,
3653319; 565227, 3653319; 565227,
3653290; 565539, 3653290; 565539,
3653262; 565567, 3653262; 565567,
3653233; 565596, 3653233; 565596,
3653205; 565624, 3653205; 565624,
3653148; 565596, 3653148; 565596,
3653092; 565709, 3653092; 565709,
3653063; 565738, 3653063; 565738,
3653035; 565794, 3653035; 565794,
3653006; 565823, 3653006; 565823,
3652978; 565851, 3652978; 565851,
3652950; 565936, 3652950; 565936,
3652978; 565965, 3652978; 565965,
3653006; 565993, 3653006; 565993,
3653035; 566021, 3653035; 566021,
3653063; 566078, 3653063; 566078,
3653148; 566050, 3653148; 566050,
3653177; 566021, 3653177; 566021,
3653205; 566135, 3653205; 566135,
3653177; 566163, 3653177; 566163,
3653205; 566192, 3653205; 566192,
3653262; 566220, 3653262; 566220,
3653290; 566277, 3653290; 566277,
VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57777 3653319; 566305, 3653319; 566305,
3653375; 566277, 3653375; 566277,
3653404; 566248, 3653404; 566248,
3653432; 566277, 3653432; 566277,
3653517; 566248, 3653517; 566248,
3653574; 566305, 3653574; 566305,
3653631; 566277, 3653631; 566277,
3653659; 566248, 3653659; 566248,
3653687; 566192, 3653687; 566192,
3653659; 566135, 3653659; 566135,
3653744; 566163, 3653744; 566163,
3653801; 566192, 3653801; 566192,
3653829; 566248, 3653829; 566248,
3653801; 566277, 3653801; 566277,
3653772; 566333, 3653772; 566333,
3653744; 566390, 3653744; 566390,
3653716; 566560, 3653716; 566560,
3653687; 566589, 3653687; 566589,
3653659; 566645, 3653659; 566645,
3653631; 566674, 3653631; 566674,
3653602; 566702, 3653602; 566702,
3653574; 566731, 3653574; 566731,
3653545; 566759, 3653545; 566759,
3653517; 566844, 3653517; 566844,
3653489; 566816, 3653489; 566816,
3653460; 566787, 3653460; 566787,
3653432; 566759, 3653432; 566759,
3653404; 566731, 3653404; 566731,
3653347; 566702, 3653347; 566702,
3653319; 566674, 3653319; 566674,
3653262; 566645, 3653262; 566645,
3653233; 566589, 3653233; 566589,
3653205; 566560, 3653205; 566560,
3653233; 566532, 3653233; 566532,
3653177; 566504, 3653177; 566504,
3653148; 566532, 3653148; 566532,
3653092; 566560, 3653092; 566560,
3653063; 566589, 3653063; 566589,
3653035; 566674, 3653035; 566674,
3653063; 566731, 3653063; 566731,
3653092; 566759, 3653092; 566759,
3653120; 566787, 3653120; 566787,
3653148; 566872, 3653148; 566872,
3653177; 566957, 3653177; 566957,
3653205; 566986, 3653205; 566986,
3653233; 567014, 3653233; 567014,
3653290; 566986, 3653290; 566986,
3653319; 566957, 3653319; 566957,
3653347; 566901, 3653347; 566901,
3653375; 566872, 3653375; 566872,
3653432; 566901, 3653432; 566901,
3653489; 566957, 3653489; 566957,
3653517; 567071, 3653517; 567071,
3653489; 567241, 3653489; 567241,
3653517; 567355, 3653517; 567355,
3653545; 567440, 3653545; 567440,
3653517; 567468, 3653517; 567468,
3653489; 567496, 3653489; 567496,
3653432; 567553, 3653432; 567553,
3653460; 567582, 3653460; 567582,
3653489; 567638, 3653489; 567638,
3653517; 567667, 3653517; 567667,
3653489; 567780, 3653489; 567780,
3653545; 567752, 3653545; 567752,
3653602; 567723, 3653602; 567723,
3653631; 567695, 3653631; 567695,
3653659; 567667, 3653659; 567667,
3653687; 567638, 3653687; 567638,
3653829; 567610, 3653829; 567610,
3653943; 567468, 3653943; 567468,
3653914; 567411, 3653914; 567411,
3653886; 567355, 3653886; 567355,
3653858; 567298, 3653858; 567298,
3653829; 567270, 3653829; 567270,
3653858; 567184, 3653858; 567184,
3653886; 567156, 3653886; 567156,
3653914; 567099, 3653914; 567099,
3653943; 567071, 3653943; 567071,
3653971; 567099, 3653971; 567099,
3654028; 567128, 3654028; 567128,
3654056; 567156, 3654056; 567156,
3654084; 567241, 3654084; 567241,
3654113; 567298, 3654113; 567298,
3654141; 567355, 3654141; 567355,
3654340; 567383, 3654340; 567383,
3654397; 567298, 3654397; 567298,
3654425; 567270, 3654425; 567270,
3654510; 567326, 3654510; 567326,
3654595; 567270, 3654595; 567270,
3654624; 567156, 3654624; 567156,
3654652; 567128, 3654652; 567128,
3654680; 567071, 3654680; 567071,
3654709; 567014, 3654709; 566216,
3654880; 565299, 3655720; 564154,
3656560; 563753, 3657028; 562755,
3657358; 562092, 3657629; 561252,
3657782; 560641, 3658164; 558413,
3659512; 557263, 3660178; 557445,
3662054; 557021, 3663264; 556335,
3663929; 556009, 3665045; 555823,
3665882; 555172, 3666626; 554521,
3667556; 554196, 3668486; 554010,
3669462; 554242, 3670113; 554661,
3670585; 554903, 3671311; 552665,
3672703; 552483, 3673973; 551273,
3676030; 550747, 3676670; 550555,
3677054; 550555, 3677601; 550849,
3678390; 551092, 3679540; 550870,
3680865; 550929, 3680865; 550929,
3680893; 550957, 3680893; 550957,
3680922; 550985, 3680922; 550985,
3680950; 551127, 3680950; 551127,
3680922; 551156, 3680922; 551156,
3680950; 551354, 3680950; 551354,
3680978; 551383, 3680978; 551383,
3681035; 551411, 3681035; 551411,
3681092; 551383, 3681092; 551383,
3681120; 551354, 3681120; 551354,
3681149; 551326, 3681149; 551326,
3681205; 551298, 3681205; 551298,
3681262; 551269, 3681262; 551269,
3681319; 551298, 3681319; 551298,
3681461; 551326, 3681461; 551326,
3681574; 551298, 3681574; 551298,
3681603; 551127, 3681603; 551127,
3681631; 551099, 3681631; 551099,
3681659; 551071, 3681659; 551071,
3681688; 551042, 3681688; 551042,
3681716; 550985, 3681716; 550985,
3681688; 550957, 3681688; 550957,
3681631; 550929, 3681631; 550929,
3681603; 550872, 3681603; 550872,
3681574; 550844, 3681574; 550844,
3681546; 550702, 3681546; 550702,
3681517; 550617, 3681517; 550617,
3681546; 550416, 3681546; 550333,
3681652; 550333, 3681659; 550327,
3681659; 550305, 3681688; 550305,
3681716; 550283, 3681716; 550276,
3681724; 550276, 3681744; 550261,
3681744; 549760, 3682384; 549700,
3683291; 550486, 3684441; 551515,
3685469; 550849, 3686679; 549518,
3689342; 548671, 3690854; 546070,
3695090; 544980, 3695937; 544617,
3696905; 545888, 3697631; 546191,
3698478; 545222, 3699809; 545172,
3700536; 544779, 3700891; 543838,
3701122; 543700, 3701200; 543600,
3701200; 543600, 3701500; 543769,
3701639; 544355, 3701901; 544740,
3702171; 545195, 3702271; 547397,
3702286; 547571, 3702255; 547729,
3702212; 547826, 3702175; 547943,
3702114; 548059, 3702055; 548190,
3701939; 548253, 3701863; 548253,
3701768; 548209, 3701711; 548133,
3701673; 547949, 3701603; 547891,
3701565; 547891, 3701476; 548006,
3701380; 548076, 3701279; 548203,
3701234; 548317, 3701247; 548431,
3701272; 548602, 3701347; 548744,
3701347; 548744, 3701376; 548772,
3701376; 548772, 3701461; 548801,
3701461; 548801, 3701489; 548886,
3701489; 549375, 3701732; 549903,
3701990; 550456, 3702236; 551046,
3702494; 551673, 3702715; 552177,
3702794; 552296, 3702778; 552431,
3702734; 552589, 3702681; 552696,
3702627; thence returning to 552772,
3702586.
(ii) Note: Map of Unit 2B, South Santa
Rosa Mountains south to Vallecito
Mountains (Map 4) follows:

BILLING CODE 4310–55–P
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57778 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules BILLING CODE 4310–55–C
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Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57779 (9) Unit 3: Carrizo Canyon, San Diego
and Imperial Counties, California.
(i) From USGS 1:24,000 quadrangles
Agua Caliente Hot Springs, Arroyo
Tapiado, Carrizo Mountain, In-Ko-Pah
Gorge, Jacumba, Painted Gorge,
Sombrero Peak, and Sweeney Pass.

Land bounded by the following
Universal Transverse Mercator (UTM)
North American Datum of 1927
(NAD27) coordinates (E, N): 574159,
3634261; 574922, 3634108; 575915,
3634261; 577290, 3634566; 578359,
3634566; 579199, 3634261; 580039,
3633879; 581032, 3633421; 582406,
3633192; 583705, 3632810; 584697,
3632810; 586225, 3633039; 587370,
3633497; 588134, 3633726; 588821,
3633879; 589738, 3634795; 589508,
3635253; 589738, 3635635; 590119,
3635941; 590959, 3635941; 591952,
3635559; 592792, 3635406; 593632,
3634871; 594320, 3634031; 595083,
3632810; 595771, 3631511; 596000,
3630519; 595923, 3629679; 595312,
3628915; 594702, 3628304; 594167,
3628075; 592411, 3627998; 591189,
3627998; 590425, 3627998; 589280,
3628228; 588058, 3628915; 587141,
3629144; 586301, 3629449; 585003,
3629984; 583857, 3630595; 583170,
3630748; 582330, 3630671; 581566,
3630824; 580650, 3630824; 579581,
3630671; 578664, 3629679; 578283,
3628915; 578283, 3628151; 578206,
3626700; 578130, 3625784; 577595,
3625631; 577290, 3625326; 577214,
3624791; 577290, 3623951; 577825,
3623187; 578512, 3622653; 579275,
3621736; 580039, 3621126; 583136,
3619091; 585446, 3617261; 585698,
3616826; 585744, 3615522; 585561,
3614538; 584920, 3613898; 584193,
3613692; 583552, 3613600; 583021,
3614241; 582399, 3615485; 581960,
3616712; 580596, 3618451; 580070,
3618565; 579046, 3618300; 578054,
3617918; 578061, 3617609; 577347,
3616950; 576981, 3616492; 576221,
3616085; 575763, 3615856; 574923,
3615933; 574159, 3616238; 573548,
3616620; 573013, 3616849; 572326,
3617154; 571562, 3617765; 570875,
3618453; 570799, 3618987; 570417,
3619751; 570493, 3620515; 570722,
3621813; 570722, 3622500; 570722,
3623493; 570646, 3624333; 570417,
3625097; 570417, 3625937; 570188,
3626700; 570417, 3627846; 572249,
3630519; 572555, 3631664; 572478,
3632657; 572020, 3633955; 571486,
3634872; 570951, 3635864; 570187,
3637239; 569729, 3637774; 569042,
3638156; 568125, 3638308; 567209,
3638614; 566674, 3638996; 566522,
3639606; 566216, 3640294; 565911,
3641134; 565681, 3641668; 565376,
3642050; 564841, 3642508; 564460,
3642890; 564536, 3643425; 565147,
3644265; 565452, 3645029; 567132,
3644799; 568278, 3644189; 569271,
3643501; 569958, 3642508; 570111,
3641897; 570874, 3641668; 571715,
3640676; 572249, 3639072; 572937,
3638232; 573318, 3637086; 573318,
3635635; 573548, 3634643; thence
returning to 574159, 3634261.
(ii) Note: Map of Unit 3, Carrizo
Canyon (Map 5) follows:

BILLING CODE 4310–55–P
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57780 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules * * * * *
Dated: September 28, 2007.

Todd Willens,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 07–4959 Filed 10–9–07; 8:45 am]
BILLING CODE 4310–55–C
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Exhibit 2

Diagram of bighorn sheep (Ovis canadensis) contributed by Ken Carison for listing ofendangered status of Peninsular bighorn sheep. Copyright granted by Mr. Carison.

Recovery Plan
for
Bighorn Sheep in the Peninsular Ranges,
California
U.S. Fish and Wildlife Service
Region 1
Manager, C ia/Nevada Operations Office
Region , U.S. Fish and Wildlife Service
Approved:

Date:

The Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California, was developed in cooperation with:

Bureau ofLand Management
U.S. Forest Service
Agua Caliente Band ofCahuilla Indians
California Department of Fish and Game
California Department ofParks and Recreation
Date: ~
Date: IQ41.7./L2Q.

Tnbal Chairman, Agua Caliente Band ofCahuilla Indians
Date: /Pz— 00 Ii.Director. Ca fornia Department Fish and Game _ Date: __________
Director, California Dep yent of Parks andRecrcation
Primary Author
The primary author ofthis recovery plan is:

Esther Rubin
University ofCalifornia, Davis
Davis, California
The plan was written with the assistance ofthe Peninsular Bighom Sheep Recovery Team (see Acknowledgments).
i
Disclaimer
Recovery plans delineate reasonable actions required to recover andlor protect listed species. We, the Fish and Wildlife Service, publish recovery plans, sometimes preparing them with the assistance ofrecovery teams, contractors, State and other Federal agencies, Tribes, and other affected and interested parties.

Recovery teams serve as independent advisors to the Fish and Wildlife Service.

Objectives ofthe plan will be attained and any necessary funds made available, subject to budgetary and other constraints affecting the parties involved.

Recovery plans do not obligate cooperating or other parties to undertake specific tasks and may not represent the views nor the official positions or approval ofany individuals or agencies involved in the plan formulation, other than our own.

They represent our official position only after they have been signed by the Director, Regional Director, or Operations Manager as approved. Approved recovery plans are subject to modification as dictated by new findings, changes in species status, and the completion ofrecovery tasks.

Literature citation should read as follows:

U.S. Fish and Wildlife Service. 2000. Recovery plan for bighorn sheep in the Peninsular Ranges, California. U.S. Fish and Wildlife Service, Portland, OR. xv+251 pp.

Additional copies may be purchased from:

Fish and Wildlife Reference Service
5430 Grosvenor Lane, Suite 110
Bethesda, Maryland 208 14-2158
(301)492-6403 or 1-800-582-3421
FAX: 301-564-4059
E-mail: fwrs~mail.fws.gov
http://fa.r9.fws.gov/r9fwrsi
The fee for the plan varies depending on the number ofpages ofthe plan. ii
Acknowledgments
This recovery plan was primarily prepared by Esther Rubin, with important contributions from Dr. Vein Bleich, Dr. Walter Boyce, Jim DeForge, Dr. Ben Gonzales, Mark Jorgensen, Stacey Osterrnann, Pete Sorensen, Steve Torres, and Dr. John Wehausen. The plan benefitted greatly from numerous discussions with Don Armentrout, Kevin Brennan, Ken Corey, Tom Davis, Diane Freeman, Paul Jorgensen, JeffManning, Lilia Martinez, Scott McCarthy, Nancy Nicoli, Dr.

Jenny Rechel, Dr. Oliver Ryder, and Gavin Wright. The plan was revised and approved by the Recovery Team and cooperating agencies. Special thanks is extended to Randy Botta for providing telemetry data, and Jim Scrivner, Victoria Smith, Tom Zmudka, and L. Louise Jee for their Geographical Information System support.

An administrative draft ofthe recoveryplan was submitted fortechnical review, comments were received from Dr. Phil Hedrick, Dr. Dale Toweill, Dr. David Jessup, Dr. Paul Krausman, and Dr. Rob Roy Ramey II. These reviewers also were provided copies ofthe public review draft for comment. Two ofthe these technical reviewers also submitted comments on the public review draft.

Technical comments deemed not appropriate to incorporate into the public review draft and final recovery plans are addressed as substantive issues in Appendix G. The Fish and Wildlife Service and Recovery Team appreciate the thoughtful review and comments by these colleagues. Preparation ofthe final recovery plan by the Recovery Team, and incorporation of comments from technical reviewers in the public review and final recovery plans, was conducted in conformance with the peer review process under applicable Fish and Wildlife Service policy.
iii
Mission ofthe U.S. Fish and Wildlife Service in Recovery Planning Section 4(f) ofthe Endangered Species Act of 1973, as amended (the Act), directs the Secretary ofthe Interior to develop and implement recovery plans for species ofanimals and plants listed as endangered and threatened unless such recovery plans will not promote the conservation ofthe species. The Fish and Wildlife Service has been delegated the responsibility of administering the Act. Recovery is the process by which the decline ofendangered orthreatened species is arrested or reversed, and threats to survival are neutralized, ensuring long-term survival in nature. The goal ofrecovery is the maintenance ofsecure, self-sustaining wild populations ofspecies with the minimum necessary investment ofresources. A recovery plan delineates,justifies, and schedules the management and research actions necessary to support recovery oflisted species. Recovery plans do not, of themselves, commit staffing or funds, but are used in setting regional and national funding priorities and providing direction to local, regional, and State planning efforts. Means within the Act to achieve recovery goals include the responsibility ofall Federal agencies to seek to conserve listed species; and the Secretary’s ability to designate critical habitat, to enterinto cooperative agreements with States, to provide financial assistance to the respective State agencies, to acquire land, and to develop habitat conservation plans with non-Federal applicants.

Peninsular Bighorn Sheep Recovery Team
Don Armentrout, Bureau ofLand Management, Susanville, California Dr. Vein Bleich, California Department of Fish and Game, Bishop, California Dr. Walter Boyce, University ofCalifornia, Davis, California Tom Davis, Agua Caliente Band ofCahuilla Indians, Palm Springs, California James DeForge, Bighorn Institute, Palm Desert, California Diane Freeman, U.S. Forest Service, Idyllwild, California Mark Jorgensen, California State Parks, Colorado Desert District, Borrego Springs, California
Stacey Ostermann, Bighorn Institute, Palm Desert, California Esther Rubin, University ofCalifornia, Davis, California Dr. Oliver A. Ryder, Zoological Society of San Diego, San Diego, California Pete Sorensen, U.S. Fish and Wildlife Service, Carlsbad, California Steve Torres, California Department ofFish and Game, Sacramento, California Dr. John Wehausen, University ofCalifornia, White Mountain Research Station, Bishop, California
v

EXECUTIVE SUMMARY
Current Species Status: The population ofbighorn sheep in the United States~ Peninsular Ranges was listed as an endangered species on March 18, 1998. The current population is approximately 334 animals, distributed in 8 known ewe groups (subpopulations) in Riverside, Imperial, and San Diego Counties from the San Jacinto Mountains south to the Mexican border.

Habitat Requirements and Limiting Factors: The Peninsular bighorn sheep is restricted to the east facing, lower elevation slopes [typically below 1,400 meters (4,600 feet)] ofthe Peninsular Ranges along the northwestern edge ofthe Sonoran Desert. Bighorn sheep are wide-ranging animals that require a variety ofhabitat characteristics related to topography, visibility, water availability, and forage quality and quantity. Steep topography is required for lambing and rearing habitat and for escaping from predators. Open terrain with good visibility is critical because bighorn primarily rely on their sense ofsight to detect predators. In their hot, arid habitat, water availability in some form is critical, especially during the summer. A wide range offorage resources and vegetation associations is needed to meet annual and drought related variations in forage quality and availability.

Limiting factors apparently vary with each ewe group and are not well understood in all cases. The range offactors appear to include predation, urban related sources ofmortality, low rates oflamb recruitment, disease, habitat loss, and human related disturbance.

Recovery Objective: The objective ofthis recovery plan is to secure and manage habitat in order to alleviate threats so that population levels will increase to the point that this species may be reclassified to threatened status, and ultimately delisted.

Recovery Priority: 3C, per criteria published by Federal Register Notice (48 FR 43098; September21, 1983).

Downlisting Criteria: Peninsular bighom sheep may be considered for downlisting to threatened status as an interim management goal, when all ofthe following objective, measurable criteria are met:
vi
Downlisting Criterion 1: As determined by a scientifically credible monitoring plan, at least 25 ewes must be present in each ofthe following 9 regions ofthe Peninsular Ranges during each of6 consecutive years (equivalent to approximately 1 bighorn sheep generation), without continued population augmentation:
1) San Jacinto Mountains
2) Santa Rosa Mountains--North of Highway 74
3) Santa Rosa Mountains-- South of Highway 74 through Martinez Canyon
4) Santa Rosa Mountains-- South of Martinez Canyon
5) Coyote Canyon
6) North San Ysidro Mountains (Henderson Canyon to County Road S-22) 7) South San Ysidro Mountains (County Road S-22 to State Highway 78) 8) Vallecito Mountains
9) Carrizo Canyon/Tierra Blanca Mountains/Coyote Mountains Area Down/isting Criterion 2: Regulatory mechanisms and land management commitments have been established that provide for long-term protection of Peninsular bighorn sheep and all essential habitat as described in section II.D. 1 of this recovery plan. Given the major threat offragmentation to species with metapopulation structures, connectivity among all portions ofhabitat must be established and assured through land management commitments, such that bighorn sheep are able to move freely throughout all habitat. In preparation for delisting, protection by means other than the Endangered Species Act must be assured. Such protection should include alternative mechanisms for regulation by Federal, State, and local governments, and land management commitments that would provide the protection needed for continued population stability.

Delisting Criteria: Peninsular bighorn sheep may be considered recovered to a status no longer requiring protection under the Endangered Species Act and thereafter removed from the List of Endangered and Threatened Wildlife (50 CFR Part 17) when all ofthe following criteria are met:

Delisting Criterion 1: As determined by a scientifically credible monitoring plan, at least 25 ewes must be present in each ofthe 9 regions ofthe Peninsular Ranges vii
listed under Downlisting Criterion #1 above, during each of 12 consecutive years (approximately 2 bighorn sheep generations) including the 6 years under Downlisting Criterion #1, without continued population augmentation.

Delisting Criterion 2: The range-wide population must average 750 individuals (adults and yearlings) with an overall stable or increasing population trend over the same period of 12 consecutive years (approximately 2 generations) asin delisting criterion 1.

Delisting Criterion 3: Regulatory mechanisms and land management commitments have been established that provide for long-term protection of Peninsular bighorn sheep and all essential habitat as described in section lID. I of this recovery plan. Furthermore, connectivity among all portions ofhabitat must be established, and assured through land management commitments, such that bighorn sheep are able to move freely throughout the Peninsular Ranges.

Delisting would result in loss ofprotection under the Endangered Species Act; therefore continued protection by other means must be assured. This protection should include alternative regulatory mechanisms, land management commitments, or conservation programs that would provide the long-term protection needed for continued population viability.

Actions Needed: In the short-term, improving adult survivorship appears to hold the most benefit to population increase. Over the long-term, the primary actions needed to attain recovery involve conservation ofthe habitat base upon which Peninsular bighorn sheep depend, and effective management ofbighorn sheep and conserved lands. Prevention offurther fragmentation, primarily by minimizing adverse effects of human disturbance, will be critical to the persistence ofewe groups bordering the Coachella Valley. Adequate space along the urban interface to absorb anthropogenic effects, and prudent management ofhuman activities within ewe group home ranges, will also be necessary.

Recovery Costs: Total cost ofrecovery tasks in the Implementation Schedule is estimated at $73,253,000. In addition, costs ofcertain specific recovery tasks will be determined as information is obtained and/or final actions are undertaken.

These items are designated as “to be determined” in the Implementation Schedule. viii
Date of Recovery: Several to many decades likely will be required before a delisting target date can be accurately estimated. Fecundity (reproductive potential) and rate of population increase is low compared to some ungulates of similar size, such as deer. Periodically depressed recruitment rates and high adult mortality rates also lengthen the time to achieve the population objectives described in this recovery plan. Ifthe population increases sufficiently and all recovery criteria are met, the species could be considered for delisting by approximately 2025. However, this time frame is uncertain and could be substantially extended if population status and protective measures fail to meet criteria.
ix
Table of Contents
I. INTRODUCTION . 1
A. BRIEF OVERVIEW 1

1. LISTING OF BIGHORN SHEEP IN THE PENINSULAR
RANGES 1

2. ORIGIN 2

3. MORPHOLOGY AND TAXONOMY 3

4. GENETICS 4
B. ECOLOGY 6

1. HABITAT REQUTREMENTS 6

2. BEHAVIOR 10

3. REPRODUCTION 15

4. SURVIVORSHIP 20

5. CAUSES OF MORTALITY 22

6. COMPETITION 25

7. DISEASE AND PARASITISM 28
C. ABUNDANCE AND DISTRIBUTION 30

1. HISTORIC ABUNDANCE AND DISTRIBUTION 30

2. RECENT ABUNDANCE AND DISTRIBUTION 32

3. POPULATION TRENDS 35
D. REASONS FOR LISTING 38

1. THE PRESENT OR THREATENED DESTRUCTION,

MODIFICATION, OR CURTAILMENT OF THEIR
HABITAT OR RANGE 38

2. OVERUTILIZATION FOR COMMERCIAL,

RECREATIONAL, SCIENTIFIC, OR EDUCATIONAL
PURPOSES 40

3. DISEASE AND PREDATION 40

4. THE INADEQUACY OF EXISTING REGULATORY
MECHANISMS 41

5. OTHER NATURAL OR MANMADE FACTORS
AFFECTING THEIR CONTINUED EXISTENCE ... .42
x
E. PAST AND CURRENT MANAGEMENT! CONSERVATION
ACTIVITIES 46
I. FEDERAL AGENCIES 46

2. STATE AGENCIES 49

3. LOCAL ORGANIZATIONS AND AGENCIES 52

4. iNDIAN TRIBES 56
II. RECOVERY 57
A. CONSERVATION PRINCIPLES USED IN THIS RECOVERY
PLAN 57

1. POPULATION CONSIDERATIONS 57

2. GENETIC CONSIDERATIONS 58

3. ECOSYSTEM PROTECTION 60

4. THE USE OF POPULATION MODELS TO HELP GUIDE
RECOVERY ACTIONS 61
B. OBJECTIVES AND CRITERIA 62

1. RECOVERY OBJECTIVE 62

2. DOWNLISTING CRITERIA 62

3. DELISTING CRITERIA 65
C. RECOVERY STRATEGY 67
D. NARRATIVE OUTLINE FOR RECOVERY ACTIONS
ADDRESSING THREATS 69

1. PROMOTE POPULATION INCREASE AND PROTECT
HABITAT 69
1 .1 Protect, acquire, enhance, and restore habitat 69

1.2 Reduce or eliminate direct and indirect human impacts 80 1.3 Reduce mortality rates 91

1.4 Develop a long-term strategy and maintain the current capability for captive breeding, reintroduction, and
augmentation programs 94

2. INITIATE OR CONTINUE RESEARCH PROGRAMS

NECESSARY TO MONITOR AND GUIDE RECOVERY
EFFORTS 95

2.1 Monitor population status 96

2.2 Develop population models 98
xi

2.3 Research the relationships between bighom sheep,
mountain lions, mule deer, and habitat 99

2.4 Investigate the relationships between bighorn sheep and coyotes and bobcats 100

2.5 Investigate the efficacy oftemporary suppression of natural predation 100

2.6 Research habitat use/selection and dispersal behavior 100

2.7 Evaluate the effect ofhuman activities on bighorn
sheep 101

2.8 Research disease and preventive measures 102

2.9 Research genetics ofbighom sheep in the Peninsular
Ranges 103

3. DEVELOP AND IIMPLEMENT EDUCATION AND PUBLIC
AWARENESS PROGRAMS 104

3.1 Distribute information related to recovery efforts
105

3.2 Continue, update, and coordinate existing education programs 105

3.3 Develop additional educational programs 106

3.4 Distribute a protocol to select law enforcement, public health, and safety officials for the humane treatment
ofinjured bighorn sheep 107
E. SITE SPECIFIC RECOVERY TASKS 107
III. IMPLEMENTATION SCHEDULE Ill
IV. LITERATURE CITED 117
V. APPENDICES 148
APPENDIX A. AN OVERVIEW OF THE PENINSULAR RANGES
148
APPENDIX B. DELINEATION OF ESSENTIAL HABITAT FOR
BIGHORN SHEEP IN THE PENINSULAR RANGES 153
xii
APPENDIX C. GUIDELINES FOR DEVELOPING A LONG-TERM

STRATEGY FOR REINTRODUCTION, AUGMENTATION,

AND CAPTIVE BREEDING OF BIGHORN SHEEP IN THE
PENINSULAR RANGES 168
APPENDIX D. GUIDELINES FOR SAFELY CAPTURING,
HANDLING, AND MONITORING BIGHORN SHEEP 195
APPENDIX E. PROTOCOLS FOR MONITORING POPULATION
ABUNDANCE 205
APPENDIX F. RECOMMENDED CONSERVATION GUIDELINES
216
APPENDIX G. RESPONSE TO COMMENTS 221

LIST OF TABLES
Table 1. Lamb survival per ewe group in the Peninsular Ranges from 1993to1996 17
Table 2. Peninsular bighorn ewe population estimates and recruitment (lamb survival until December) for captive-reared and wild-reared ewes in the northern Santa Rosa Mountains 18
Table 3. Annual survival estimates for yearling and adult bighorn sheep in the northern Santa Rosa Mountains ewe group for calendar years 1985 to 1998 (excluding captive-reared animals) 21
Table 4. Annual survival of adult bighorn sheep between Highway 74 and the United States - Mexico border, 1992 to 1998 22
Table 5. Abundance estimates ofbighorn sheep in the Peninsular Ranges north of the United States - Mexico border during 1994, 1996, and 1998 . 34 xiii
Table 6. Ewe abundance estimates per ewe group generated from helicopter surveys during 1994, 1996, and 1998 35
Table 7. Ewe population estimates for the San Jacinto Mountains from 1993 to 1999 37
Table 8. Fall population estimates of adult bighorn sheep in the northern Santa Rosa Mountains from 1985 to 1998 37
Table 9. Past and present conservation activities in Anza-Borrego Desert State Park 54
Table 10. Trails and areas with potential conflicts that should be addressed in the interagency trails management plan 88
Table 11. Recovery criteria regions 108
Table 12. Site specific tasks recommended for each recovery region 109

LIST OF FIGURES
Figure 1. Distribution ofseven mitochondrial DNA haplotypes among bighorn sheep ewe home-range groups in the Peninsular Ranges, southern California S
Figure 2. Peninsular bighorn sheep essential habitat and physical features ... 11 Figure 3. Distribution of bighorn ewe groups in the Peninsular Ranges, California, 1992 to 1995 33
Figure 4. Peninsular bighorn sheep essential habitat and land ownership/management 50
Figure 5. Peninsular bighorn sheep essential habitat with recovery regions . .. 63 xiv
Figure 6. Peninsular bighorn sheep essential habitat and sheep observations . 71 Figure 7. Palm Springs - Cathedral City interface with Peninsular bighorn sheep essential habitat 72
Figure 8. Rancho Mirage - Palm Desert interface with Peninsular bighorn sheep essential habitat 73
Figure 9. Indian Wells- La Quinta interface with Peninsular bighorn sheep essential habitat 74
xv
I. INTRODUCTION
The purpose ofthis recovery plan is to (1) establish interim and long-term goals and objectives, (2) describe site-specific management actions to achieve these goals, and (3) establish a schedule and estimate the costs required to reclassify as threatened and ultimately delist the distinct population segment ofbighorn sheep (Ovis canadensis) in the Peninsular Ranges of California, a northerly extension of the mountainous formations of the Baja California Peninsula. This recovery plan provides guidelines and recommendations to be used in developing and assessing conservation and management activities to achieve recovery.

A. BRIEF OVERVIEW

1. LISTING OF BIGHORN SHEEP IN THE PENINSULAR RANGES
The California Fish and Game Commission listed bighorn sheep inhabiting the Peninsular Ranges as “rare” in 1971. In 1984, the designation was changed to “threatened” by the California Department of Fish and Game to conform with terminology of the amended California Endangered Species Act. We (the Fish and Wildlife Service) listed the distinct vertebrate population segment of bighorn sheep occupying the Peninsular Ranges of southern California (see Appendix A) as endangered on March 18, 1998 (63 FR 13134). For a population to be listed under the Endangered Species Act as a distinct vertebrate population segment, three elements are considered (61 FR 4722, February 7, 1996): (1) the discreteness of the population segment in relation to the remainder of the species to which it belongs; (2) the significance of the population segment to the species to which it belongs, and (3) the population segment’s conservation status in relation to the Endangered Species Act’s standards for listing (i.e., is the population segment, when treated as ifit were a species, endangered or threatened?). The Peninsular Ranges population will hereafter be referred to in this recovery plan as the Peninsular bighorn sheep and will alternatively be referred to as a species, following the definition of”species” in section 3(15) of the Endangered Species Act.
1 Species Distribution
The population of bighorn sheep addressed in this recovery plan extends along the Peninsular Mountain Ranges from the San Jacinto Mountains ofsouthern California south to the United States - Mexico international border. Though the range extends south to Volcan Tres Virgenes near Santa Rosalia, Baja California, Mexico, only the distinct vertebrate population segment within the United States is listed as endangered and addressed in this recovery plan.

The decision to list the Peninsular bighorn sheep as federally endangered was made because of declining population numbers and continuing habitat loss, degradation, and fragmentation throughout a significant portion of the Peninsular bighorn sheep’s range. In addition, periods of depressed recruitment, likely associated with disease, and high predation, coinciding with low population numbers, endanger the continued existence ofthese animals in southern California. Perrecovery planning criteria published in the FederalRegister (48 FR 43098, September 21, 1983), the Peninsular bighorn sheep has a recovery priority of 3C, indicating that it is a subspecies facing a high degree of threat but has a high potential for recovery if appropriately managed. The “C” indicates that recovery is in conflict with construction or other forms of economic activity.

2. ORIGIN
Wild sheep became established in North America after crossing the Bering land bridge from Eurasia during the late Pleistocene (Geist 1971), which began about 1,000,000 years ago and ended 10,000 years ago at the time ofthe last Ice Ages and the beginning of the Holocene. The range ofbighorn sheep has since spread to include desert habitats as far south as northern Mexico (Manville 1980). In North America, two species of wild sheep currently are recognized: the thinhorn sheep (Ovis dalli) and the bighorn sheep (Ovis canadensis). Bighorn sheep, originally described by Shaw in 1804 (Wilson and Reeder 1993), were once divided into seven recognized subspecies based on differences in skull measurements (Cowan 1940, Buechner 1960, Shackleton 1985). These subspecies included Audubon bighorn sheep (Ovis canadensis auduboni), 2 Peninsular bighorn sheep (Ovis canadensis creinnobates), Nelson bighorn sheep (Ovis canadensis nelsoni), Mexican bighorn sheep (Ox’is canadensis inexicana), Weems bighorn sheep (Ovis canadensis weemsi), California bighorn sheep (Ovis canadensis californiana), and Rocky Mountain bighorn sheep (Ovis canadensis canadensis). Audubon bighorn sheep are now extinct. As described below, this taxonomy has since been revised.

3. MORPHOLOGY AND TAXONOMY
The term “desert bighorn” is used to describe bighorn sheep that inhabit dry and relatively barren desert environments, and typically includes bighorn sheep subspecies that have, to date, been classified as nelsoni, mexicana, cremnobates, and weemsi (Manville 1 980).~ The validity ofthese subspecies delineations has been questioned and reassessed on the basis ofadditional morphological and genetic analyses (Wehausen and Ramey 1993; Ramey 1993, 1995; GutierrezEspeleta et al. 1998; refer to section I.A.4). Bighorn sheep in the Peninsular Ranges were once considered a separate subspecies and were one of the four desert subspecies recognized by Cowan (1940) based on cranial measurements.

Cowan’s (1940) Peninsularsubspecies (Ovis canadensis cremnobates) did not include the northern end of the Peninsular Ranges in California and extended east across the Imperial Valley north ofthe Mexican border. Wehausen and Ramey (1993) noted that various authors have arbitrarily changed the geographic boundaries of this subspecies over time based on no additional data or analyses.

Ramey (1993) reanalyzed Cowan’s (1940) original data using modern statistical methods and found little support for his subspecies of bighorn sheep. In that reanalysis, the apparent distinction of the Peninsular subspecies was found to be an artifact of unequal age distributions among samples. Wehausen and Ramey (1993) conducted a new cranial morphometric analysis using a new and much larger sample and found no statistical support for a Peninsular subspecies. Ramey (1993, 1995) also investigated this question using restriction site polymorphism data for mitochondrial DNA and similarly found no statistical support for description of a subspecies in the Peninsular Ranges. Based on these morphometric and genetic results, Wehausen and Ramey (1993) placed Peninsular 3 bighorn within the Nelson subspecies (Ovis canadensis nelsoni), which is the current taxonomy.

4. GENETICS
By analyzing micro-satellite and major histocompatibility complex loci, Boyce et al. (1997) found high levels ofgenetic diversity within and between populations of desert bighorn sheep, including sheep subpopulations within the Peninsular Ranges. Similarly, Gutierrez-Espeleta et al. (1998) found significant amounts of variation at microsatellite loci among all bighorn sheep populations studied.

However, Ramey (1995) found very little mitochondrial DNA variation between groups of desert bighorn. The results of Ramey (1995), Boyce et al. (1997), and Gutierrez-Espeleta et al. (1998) differ because various molecular markers and analytical techniques were employed. Different molecular markers (e.g., mitochondrial DNA, microsatellites, allozymes) are subject to various rates of mutation and are likely affected by different evolutionary processes, thereby providing different levels of insight into the genetic variability ofa species. One similarity that has been found in all genetic studies of desert bighorn to date is that genetic distance increases with geographic distance. For example, Boyce et al. (1997) and Bleich et al. (1996) found support for partitioning ofgenetic variation among metapopulations (e.g., the Mojave and Peninsular metapopulations), with high levels of gene flow within metapopulations, including the Peninsular Ranges, and low levels between metapopulations.

Within the Peninsular Ranges, at least eight subpopulations, or ewe groups, currently exist (Rubin et al. 1998, refer to section I.C.l). Based on sampling of about one-third of the animals in the metapopulation, Boyce et al. (1999) found that seven haplotypes were distributed in a non-random fashion among these ewe groups and that a significant amount ofmitochondrial DNA variation was partitioned among ewe groups, indicating a high level ofgenetic structure among these subpopulations (Figure 1). The observed structure among ewe groups likely was primarily influenced by differences in founding ewes and their limited movements through the range (W. Boyce, University of California, Davis, pers. comm.). Boyce et al. (1999) concluded that the movement of ewes (and therefore 4 Figure 1. Distribution of seven mitochondrial DNA haplotypes among bighorn sheep ewe home-range groups in the Peninsular Ranges, California (SJ, San Jacinto Mountains, n=6; D, Deep Canyon, n=18; M, Martinez Canyon, n6; SSR, South Santa Rosa Mountains, n=3; COY, Coyote Canyon, n=13; NSY, North San Ysidro Mountains, n=18; SSY, South San Ysidro Mountains, n~7; V, Vallecito Mountains, n=14; CAR, Carrizo Canyon, n19). Note that the ewe groups are distributed approximately along a north-south gradient. A ewe group composed primarily of captive-bred animals, located between the Deep Canyon and San Jacinto Mountains groups, was not included in the analysis. (Reprinted with permission from Boyce et al. 1999). 5 the flow of mitochondrial DNA) between ewe groups is limited but has occurred at low levels in the past. This result is in contrast to the greater level of nuclear gene flow (indicated by the analyses of micro-satellite and major histocompatibility complex loci markers discussed above), which is mediated by the movement of rams among ewe groups (refer to section I.B.2).

B. ECOLOGY

1. HABITAT REQUIREMENTS
Bighorn sheep have important habitat requirements that relate to topography, visibility, water availability, and forage quality and quantity. During their evolution, bighorn sheep developed predator evasion behaviors that depend critically on the use of escape terrain, which is generally defined as steep, rugged terrain (Hansen 1 980c, Cunningham 1989). Escape terrain is important because bighorn sheep typically do not outrun their predators but, rather, use their climbing abilities to escape their enemies (Geist 1971, McQuivey 1978). When ewes are ready to give birth they will typically seek out the most precipitous terrain, where their lambs will presumablybe safest (Geist 1971). The presence ofsuch steep terrain for predator evasion and lambing is, therefore, a crucial component ofsheep habitat (see Appendix B). Variation in slope and aspect also help bighorn sheep to survive in a harsh environment. During hot weather, bighorn seek shade under boulders and cliffs, or may move to north facing slopes (Merritt 1974, Andrew 1994). During inclement weatherthey may again seek protected caves or overhangs, or move to sunny, south facing slopes (Andrew 1994), or slopes that are protected from strong winds.

In addition to mountainous terrain, other types ofhabitat are crucial to the viability of bighom sheep populations. M. Jorgensen (California State Parks, pers. comm.) has observed bighorn at various times ofthe year on numerous alluvial fans and in washes, such as (1) the Borrego Palm Canyon alluvial fan, used for forage during cooler months and for water from Mayto November; (2) Palm Wash tinajas in the southern Santa Rosa Mountains, a water source in late summer/fall before winter rains; (3) Harper Flat in Anza-Borrego Desert State 6 Park; and (4) Chino Canyon, most recently in 1982, when seven ewes and lambs were observed. Areas offlat terrain, such as valley floors, serve as important linkages between neighboring mountainous regions, thereby allowing sheep temporary access to resources (e.g., forage, water, or lambing habitat) in neighboring areas, and allowing gene flow to occur between subpopulations (Krausman and Leopold 1986, Schwartz et al. 1986, Bleich et al. 1990a, Bleich et al. 1996).

In the Sierra Nevada and Moj ave Desert, the timing offorage green-up in winter is strongly influenced by elevation and mediated through temperature (J.

Wehausen, White Mountain Research Station, pers. comm.; Wehausen 1980, 1983). Low rolling terrain and washes seasonally provide an important source of high quality forage, with a greater diversity ofbrowse species than in steeper terrain (Leslie and Douglas 1979). Washes also provide a source of high quality browse for longer in the summer than do other areas (Andrew 1994). Leslie and Douglas (1979) noted that these areas became increasingly important to bighorn sheep not only in summer but during any period oflimited forage availability.

Bates and Workman (1983) observed bighorn sheep feeding in flat terrain in Canyonlands National Park, and reported that plant production was higher in flatter terrain than in steeper areas. Similarly, Bleich et al. (1997) reported that during periods ofsexual segregation, rams exploited rolling hills and flat terrain for their superior forage. After localized summer rainfall events, washes and alluvial fans provide the diverse, high quality forage that is especially important to lactating ewes (Turner 1976, Bureau ofLand Management 1996). Hansen and Deming (1980) describe the importance ofsucculent spring foods at lower elevations to lactating ewes.

In the Peninsular Ranges, bighorn sheep use a wide variety ofplant species as theirfood source. Turner (1973) recorded the use of at least 43 species, with browse being the food category most frequently consumed (Turner 1976, Scott 1986). Cunningham and Ohmart (1986) determined that the bighorn sheep diet in Carrizo Canyon (at the south end ofthe U.S. Peninsular Ranges) consisted of 57 percent shrubs, 32 percent forbs, 8 percent cacti, and 2 percent grasses. Scott (1986) and Turner (1976) reported similar diet compositions at the north end of 7 the range. Plant species eaten by bighorn sheep in the PeninsularRanges were also reported by Jorgensen and Turner (1973) and Weaver et al. (1968). Diet composition varied among seasons (Cunningham and Ohrnart 1986, Scott 1986), presumably because ofvariability in forage availability, selection ofspecific plant species during different times ofthe year (Scott 1986), and seasonal movements ofbighorn sheep. In Arizona, bighorn sheep also used a wide variety offorage species throughout the year to cope with the changing desert environment (Miller and Gaud 1989).

In ruminants, such as bighorn sheep, fetal growth is relatively slow during the early stages ofgestation, with the majority offetal growth occurring during the final two months ofgestation (Robbins 1993). Following lambing, ewes are faced with the costs oflactation, which are typically two to three times higher than the energetic costs ofgestation and may range from four to seven times the basal metabolic rate (Robbins 1993). Consequently, the time period surrounding lambing and nursing is very demanding in terms of the energy and protein required by bighorn ewes. Failure to acquire sufficient nutrients during the last two months ofgestation and during nursing can adversely affect the survival of newborn ungulates (Thorne et al. 1976, Julander et al. 1961, Holl et al. 1979).

Furthermore, females in poor condition may fail to provide adequate maternal care following parturition (Langenau and Lerg 1976, Festa-Bianchet and Jorgenson 1996). Crude protein and digestible energy values of early green-up species, such as annual grasses and forbs, are usually much higher than those of dormant forages during the critical late gestation, lambing, and rearing seasons. With their high nutrient content, even minor volumes ofthese forages within the overall diet composition may contribute important nutritional value at critical life stages (Wagner 2000). However, during the reproductive season, due to the varied topography ofbighorn sheep habitat, these forages typically are concentrated on specific sites, such as alluvial fans and washes, where more productive soils support greater herbaceous growth than steeper, rockiersoils. Berbach (1987) found that when ewes were confined to a pen and prevented from using all vegetation associations during late gestation and early lactation, they and their lambs died ofmalnutrition.
8 In hot, arid deserts, water is considered to be an important resource for bighorn sheep (Jones et at. 1957, Blong and Pollard 1968, Leslie and Douglas 1979, Turner and Weaver 1980, Elenowitz 1984, Cunningham and Ohmart 1986). A number ofstudies have shown that desert bighorn sheep will concentrate around water sources in the summer, with most animals found within a 3- to 5-kilometer (2- to 3-mile) radius of water (Jones et at. 1957, Leslie and Douglas 1979, Cunningham and Ohmart 1986). Lactating ewes and lambs often are more dependent on water and may thus be found closer to water (Blong and Pollard 1968, Leslie and Douglas 1979, Bleich et at. 1997). However, these patterns have not been observed in all habitats (summarized by Andrew 1994). Water sources are most valuable to bighorn sheep ifthey occur in proximity to adequate escape terrain with good visibility. Therefore, the juxtaposition ofopen escape terrain to water sources will influence drinking patterns (Cunningham 1989, Andrew 1994).

During periods ofhigh rainfall, sheep distribution is less coincident with permanent watersources (Leslie and Douglas 1979). The importance ofwater to bighorn sheep has been questioned (Krausman and Leopold 1986, Broyles 1995), and some small populations apparently exist without standing water (Krausman et at. 1985, Krausman and Leopold 1986, and additional examples summarized in Broyles 1995). Furthermore, it has been theorized that the addition of water to bighorn sheep habitat would be detrimental ifit attracted competing species to areas oflimited forage resources (Smith and Krausman 1988) or expanded the range of mountain lions (Shaw 1993). However, in most populations bighorn sheep will drink regularly when water is available and concentrate near water during summer months, and it is likely that lack of water is a limiting factor for some populations. In the Peninsular Ranges, bighorn sheep have been observed to use areas without known perennial water during some months, including the lambing season (E. Rubin, University ofCalifornia, Davis, pers. comm.).

The predator evasion behavior ofbighorn sheep depends on the ability to visually detect danger at a distance. Visibility has long been recognized as an important characteristic of bighorn sheep habitat (Hansen 198Gb). Researchers have found that bighorn sheep will avoid habitat in which dense vegetation reduces visibility (Risenhoover and Bailey 1985, Etchberger et at. 1989). This appears to be the 9 case in the Peninsular Ranges, where bighorn sheep usually remain below the elevation of chaparral and other dense vegetation associations.

In the Peninsular Ranges, bighorn sheep habitat occurs along the east-facing desert slopes, typically below approximately 1,400-meter (4,600-foot) elevations (Jorgensen and Turner 1975). In these mountains, bighorn sheep avoid higher elevations, likely because ofdecreased visibility (and therefore increased predation risk) associated with the denser vegetation found at higher elevations.

The elevational patterns of vegetation associations in the Peninsular Ranges, in combination with this predator avoidance behavior, have resulted in habitat use that is more restricted to lower elevations than in most other bighorn sheep populations. Results from helicopter surveys and a 5-year study ofradio-collared bighorn in the San Jacinto Mountains found that bighorn sheep in these mountains, where elevations exceed 3,000 meters (9,842 feet), were largely restricted to a narrow band ofhabitat between 213 and 1,037 meters (700 to 3,400 feet) in elevation (DeForge et at. 1997). In the northern Coachella Valley, this lower elevation limit generally coincides with the developed urban interface. At the lowest elevations of their range, bighorn sheep movement onto the valley floor (Coachella Valley, Imperial Valley) is restricted by a tendency to avoid venturing far from escape terrain and by anthropogenic factors that now preclude intermountain movements such as have been recorded elsewhere in the desert.

The available habitat of Peninsular bighorn sheep can, therefore, be visualized as a long, narrow band that runs north-south along the lower elevations ofthe Peninsular Ranges (Figure 2). This pattern of predominantly low elevation habitat use is unique among desert bighorn sheep populations.

2. BEHAVIOR
The social structure of bighorn sheep is matrilineal (based on female associations). Gregarious and philopatric (faithful to natal home range) behaviors confer adaptive advantage to prey species because home range familiarity and group alertness decrease the risk ofpredation (Boyce et at. 1999). The ranging patterns and habits ofewes are learned by their offspring (Geist 1971). By following older animals, young bighorn sheep gather knowledge about escape 10 terrain, water sources, and lambing habitat (Geist 1971). Ewes that share the same portion of a range, therefore, are likely to be more closely related to each other than they are to other ewes (Festa-Bianchet 1991, Boyce et at. 1999), and the term “home range group” has been used to describe such groups (Geist 1971).

These groups are referred to as “ewe groups” in this recovery plan. Rams do not show the same level ofphilopatry and tend to range more widely, often moving among ewe groups. As young rams reach 2 to 4 years ofage, they follow older rams away from their natal group during the fall breeding period, or rut, and often return after this period (Geist 1971, Festa-Bianchet 1991). Rams may follow the same travel routes year after year (Geist 1971, Wehausen 1980, DeForge et at. 1997). The sexes tend to loosely segregate during much of the year, coming together primarily during the rut (Geist 1971, Bleich et at. 1997), which typically peaks from August through October in the Peninsular Ranges (Rubin et at. 2000).

During the rut, rams join the ewe groups and compete to breed with receptive ewes. The largest rams presumably are the most successful breeders, but smaller rams have been reported to breed as well (Hogg 1984). During the period of sexual segregation, ewes and their lambs are typically found in steeper, more secure habitat, while rams inhabit less steep or rugged terrain (Geist 1971, Bleich etat. 1997).

Bighorn sheep are primarily diurnal (Krausman et at. 1985) but may be active at any time ofday or night (Miller et at. 1984). Their daily activity pattern includes feeding and resting periods that are not synchronous either within or between groups. Forage quality influences activity patterns. When forages are low in digestibility, sheep must spend more time ruminating and digesting forage.

Particle size must be reduced sufficiently to pass from the rumen and reticulum to the omasum (Van Soest 1982, Robbins 1993). As forages green-up and digestibility increases, passage rates increase and ruminants can feed more frequently (Risenhoover 1986). Sheep typically increase the number offeeding bouts rather than the length of individual bouts. Consequently, sheep establish a cycle of feeding and ruminating that reflects forage quality and optimizes nutrient intake (Wagner 1999, 2000).
12 Bighorn sheep rely on vigilance to detect predators. Therefore, they benefit from gregariousness and group alertness (Geist 1971, Berger 1978). Within a ewe home range group, ewes appear to associate with other ewes based on their availability ratherthan on their matrilineal relationships (Festa-Bianchet 1991, Boyce et at. 1999). Within home range groups, these subgroups are dynamic-- they may split, reform, or change membership on a daily or hourly basis as animals move through their home ranges.

Burt (1943) defined home range as ‘...that area traversed by the individual in its normal activities offood gathering, mating, and caring for young”. Size ofthe home range depends on the juxtaposition ofrequired resources (water, forage, escape or lambing habitat) and, therefore, varies geographically. Home range size also is affected by forage quantity and quality, season, sex, and age ofthe animal (Leslie 1977, McQuivey 1978). In most populations, ram home ranges have been found to be larger than those of ewes (Simmons 1980, DeForge et at. 1997).

DeForge et at. (1997) reported average home range sizes (95 percent utilization distribution) of 25.5 square kilometers (9.8 square miles) and 20.1 square kilometers (7.8 square miles) for rams and ewes, respectively, in the San Jacinto Mountains, using the fixed-kernel method (Seaman and Powell 1996).

Although most desert bighorn sheep do not seasonally migrate along elevational gradients like many populations in higher latitude mountain ranges, they do exhibit seasonal differences in habitat use patterns. In many populations, animals will have a smaller home range in summer (McQuivey 1978, Leslie and Douglas 1979, Elenowitz 1983), presumably due to their limited movement away from permanent watersources. During the cooler or wetter months ofthe year, bighorn sheep often exhibit an expanded range as animals move farther from water sources (Simmons 1980). In addition, seasonal changes in habitat use are influenced by lambing and rutting behavior (Geist 1971, Bleich et at. 1997).

Desert sheep also seek the earliest winter green-up ofannuals and the first flowering ofbrittlebush (Enceliafarinosa), which are elevation dependent (J. Wehausen, pers. comm.).
13 The gregarious and philopatric behavior of ewes limits their dispersal and exploratory abilities relative to those oframs (Geist 1967, 1971). Geist (1971) theorized, however, that a young ewe might switch to a new ewe group if she encountered neighboring sheep and followed them away from her natal ewe group. In the Peninsular Ranges, movement ofradio-collared ewes between ewe groups is rare. During a 3-year study, the most extensive movement documented was by one ewe that moved over 30 kilometers (18.6 miles) and temporarily joined a second ewe group (Rubin et at. 1998). No emigration ofewes has been observed even though radio-collared animals have been regularly monitored in the northern Santa Rosa Mountains since 1981 (Ostermann et at. in press) and throughout the range since 1993 (li. Rubin, pers. comm.; DeForge et at. 1997).

Genetic analyses of ewe dispersal suggest that a low rate has occurred in the Peninsular Ranges in the evolutionary past (Boyce et at. 1999). Genetic and observational data suggest, however, that ram movements among ewe groups are common (Boyce et at. 1997; DeForge et at. 1997; Rubin et at. 1998; Bighorn Institute 1998, 1999).

An important consideration in the conservation ofPeninsular bighorn sheep is their behavioral response to humans and human activity. Bighorn have been considered a wilderness animal because they do not thrive in contact with human development (Leopold 1933). Their response to human activity is highly variable and depends on many factors, including but not limited to: the type of activity, the animal’s previous experience with humans, size or composition ofthe bighorn sheep group, location of bighorn sheep relative to elevation ofthe activity, distance to escape terrain, and distance to the activity (Weaver 1973; McQuivey 1978; Hicks and Elder 1979; MacArthur et at. 1979, 1982; Wehausen 1980; Hamilton et at. 1982; Whitacker and Knight 1998; Papouchis et at. 1999).

Responses can range from cautious curiosity to immediate flight or abandonment ofhabitat, as well as disruption ofnormal social patterns and resource use.

Though the effect of human activity in bighorn habitat is not always obvious, human presence or activity in many cases has been found to detrimentally alter normal behavioral and habitat use patterns (refer to section I.D.5). For example, bighorn began using urban sources offood and water in the northern Santa Rosa Mountains when development began encroaching on sheep habitat in the 1950’s 14 (Tevis 1959). Though commonly thought to be the result of releasing captive raised bighorn sheep, habituation of wild sheep to urban habitats occurred several decades before the first release ofany captive-reared stock in 1985 (DeForge and Scott 1982; Ostermann et at. in press; V. Bleich, California Department ofFish and Game, pers. comm.).

3. REPRODUCTION
In the Peninsular Ranges, ewes estimated to be between 2 and 16 years of age have been documented to produce lambs (Rubin et at. 2000, Ostermann et at. in press). Yearling ewes in captivity also have produced lambs (Bighorn Institute 1999). Some rams are believed to be capable of successful breeding as early as 6 months of age (Turner and Hansen 1980), though the breeding opportunities of young rams are limited by the social pressure oflarger rams (Hogg 1984). The breeding period, or rut, occurs in the late summer and fall months. As parturition approaches, ewes seek isolated sites with shelter and unobstructed views (Turner and Hansen 1980), and seclude themselves from other females while finding sites to bear their lambs (Etchberger and Krausman 1999). In the Little Harquahala Mountains, the physical and biological characteristics of lambing sites did not differ from sites used at other times ofthe year (ibid). Lambs are born after a gestation of approximately 6 months-- 171 to 185 days(Turner and Hansen 1980, Shackleton et at. 1984, Hass 1995). During a 4-year (1993 to 1996) study conducted in the Peninsular Ranges south ofthe San Jacinto Mountains, the lambing season extended from February through August; however, 87 percent of the lambs were born from February to April, and 55 percent of the lambs were born in March (Rubin et at. 2000). DeForge et at. (1997) and Cunningham (1982) reported a similar onset ofthe lambing season in the San Jacinto Mountains and in Carrizo Canyon, respectively. In the San Jacinto and northern Santa Rosa Mountains ewe groups, the lambing season begins in January during some years (Bighorn Institute 1997). Lambs usually are weaned by 6 months ofage (Hansen and Deming 1980, Wehausen 1980).

From 1993 to 1996, the reproductive patterns of five ewe groups (Carrizo Canyon, south San Ysidro Mountains, north San Ysidro Mountains, Santa Rosa Mountains 15 [Deep Canyon], and northern Santa Rosa Mountains) were monitored (refer to section I.C. I for description of ewe groups) and annual lamb production averaged 77 percent (0.77 lambs born per “ewe-year”) for the 4-year period (E. Rubin, pers. comm.). Using a fecal-based enzyme immunoassay, Borjesson et at. (1996) determined that in the fall of 1992, at least 85 percent ofsampled adult ewes were pregnant. Both ofthese observations suggest that conception rates are not currently limiting population growth in the Peninsular Ranges.

Lamb survival (to 6 months of age) was variable among groups and across years.

A good year of lamb survival in one group was not necessarily a good year in another group (Rubin et at. 2000, Table 1). Of the four groups studied, the northern Santa Rosa Mountains group typically had the lowest lamb survival, while the neighboring Deep Canyon group, located less than 8 kilometers (5 miles) away, had the highest lamb survival. Researchers working in the northern portion of the Santa Rosa Mountains have expressed concern over the low lamb recruitment average observed in this area since approximately 1977 (DeForge et at. 1982, DeForge and Scott 1982, Turner and Payson 1982). Although lamb to ewe ratios observed in the Santa Rosa Mountains have fluctuated across years (Wehausen et at. 1987, DeForge et at. 1995), fall lamb to ewe ratios were consistently low in the northern Santa Rosa Mountains during 1983 to 1994 (DeForge et at. 1995). During 1985 to 1998, recruitment in the northern Santa Rosa Mountains averaged 13 lambs per 100 ewes (Ostermann et at. in press, Table 2). Periods oflow lamb to ewe ratios, as well as clinical signs of pneumonia among lambs, have occasionally been observed in Anza-Borrego Desert State Park (Jorgensen and Turner 1973, Jorgensen and Turner 1975, Hicks 1978), but years ofhigh lamb to ewe ratios (Cunningham 1982, M. Jorgensen, pers. comm.) and high lamb recruitment to 6 months of age (Rubin et at. 2000) have been observed in these areas as well. In the San Jacinto Mountains, low fall lamb to ewe ratios were documented from 1977 to 1983. However, this group exhibited variable recruitment thereafter, with relatively high (greater than or equal to 0.50) fall lamb to ewe ratios from 1994 to 1996 (DeForge et at. 1997).

Wehausen (1992) suggested that periods oflow recruitment may not warrant alarm because long-lived animals such as bighorn sheep can exist in viable 16 Table 1. Lamb survival per ewe group in the Peninsular Ranges during 1993 to 1996 (Rubin et al. 2000, based on observations of radiocollared ewes).

Ewe
Group
Proportion (1.0~l0O percent) of lambs living to 6 months of age 1993 1994 1995 1996 1993 to 1996
(# lambs)
Carrizo
Canyon 0.67 0.78 0.50 0.50 0.68 (31)
San Ysidro
Mountainsnorth and
southa

0.75 0.25 0.57 0.71 0.57 (42)
Deep
Canyon
NA 0.80 0.67 0.75 0.74 (23)
N. Santa
Rosa Mts.

NA 0.43 0.10 0.40 0.26 (23)
adata from the north and south San Ysidro groups were combined because ofsmall sample sizes in the south San Ysidro Mountains when years were considered separately. populations if periods oflow offspring recruitment are interrupted by periodic pulses of high offspring recruitment. Most ewe groups in the Peninsular Ranges appear to have exhibited such pulses of high recruitment but declining population trends (see section I.C.3) suggest that they have not been sufficient to balance adult mortality over longer time periods. Chronically low lamb to ewe ratios observed in the northern Santa Rosa Mountains ewe group (DeForge et at. 1995, Ostermann et at. in press) are a particular concern. Signs ofillness have been observed among lambs in this ewe group (DeForge et at. 1982, DeForge and Scott 1982, DeForge and Ostermann 1998a), and it is possible that low lamb survival is associated with disease or disease processes complicated by environmental conditions, such as habitat modification (refer to sections I.B.7 and I.D). This ewe group has been augmented by captive animals since 1985 (see sections L.C. I and I.E.3), with similar average recruitment rates (to approximately 1 year ofage) observed among wild-reared and captive-reared ewes (Ostermann el at. in press, Table 2). A 5-year study ofradiocollared lambs has been initiated in this population to determine cause-specific mortality (DeForge and Ostermann I998b).
17 Table 2. Peninsular bighorn ewe population estimates and recruitment (lamb survival until December) for captive-reared and wild-reared ewes in the northern Santa Rosa Mountains (Ostermann et a!. in review~.

Year wild- captive- Total
1985 22 0 22
1986 25 0 25
1987 25 5 30
1988 24 9 33
1989 21 11 32
1990 12 12 24
1991 11 10 21
1992 11 13 24
1993 7 10 17
1994 3 8 11
1995 3 7 10
1996 3 7 10
1997 2 7 9
1998 4 6 10
Mean NA NA NA
Lambs recruited
n (lambs/lOO ewes)
3 (12) NA 3 (12)
0(0) 0(0) 0(0)
2(8) 0(0) 2(6)
0(0) 1(9) 1(3)
0(0) 0(0) 0(0)
0 (0) 1 (10) 1 (5)
1 (9) 1 (8) 2 (8)
1 (14) 0 (0) 1 (6)
1 (33) 2 (25) 3(27)
0(0) 0(0) 0(0)
0 (0) 2 (29) 2 (20)
1 (50) 0 (0) 1 (11)
2 (50) 5 (83) 7 (70)
1 (13.9) 1(13.7) 2(13.3)
Wild-reared Captiv Total
4 (18) NA 4 (18)
No. of ewes greater than or equal
to 2 years ofage
Several studies have documented a positive relationship between winter precipitation and lamb recruitment in the following year (Douglas and Leslie 1986, Wehausen et at. 1987). However, the relationship between precipitation and lamb recruitment is not a simple one. Wehausen et at. (1987) found that periods oflow lamb survival, believed to be a result of a disease epizootic, coincided with periods ofincreased rainfall. These authors hypothesized that increased standing water caused populations of Cuticoides midges, a vector of bluetongue and epizootic hemorrhagic disease viruses (Hoff and Trainer 1981), to increase. Another hypothesis involving the presence oflivestock as an outside disease reservoir also was presented (Wehausen et at. 1987). The relationships between climate, lamb recruitment, and population trends likely differ among different bighorn sheep populations, and are not fully understood (Rubin et at. 2000).
18 In ruminants, reproductive success is related to the mothers body weight, access to resources, quality ofhome range, and age (Etchberger and Krausman 1999).

Survival ofoffspring also depends on birth weight and date. Festa-Bianchet and Jorgenson (1996) found that female sheep reduce the care oflambs when resources are scarce to favor their own nutritional requirements over their lambs’ development. Excessive disturbance also can disrupt nutritional condition by affecting optimum feeding-ruminating cycles (Wagner 2000). Ewes that fail to acquire a minimum level ofenergy reserves (i.e., body weight) may not conceive (Wehausen 1984) or will produce smaller offspring with a poorer chance of survival (Price and White 1985).

Ewes in the captive herd at the Bighorn Institute had high lamb production (mean

83.6 percent) and recruitment (mean 71.0 percent) during 1985 to 1998.

Production and recruitment ofindividual ewes in captivity ranged from 0 to 108 percent; twins were produced twice. Between 1985 and 1998, 71 lambs (30 males, 41 females) were born to ewes 2 years ofage or older, resulting in a sex ratio at birth of0.73:1. Eleven of 71 lambs (15.5 percent) born in captivity and 6 of39 lambs (15.4 percent) captured from the wild died in captivity. Lamb mortalities were attributed to disease (n=1 1), trauma or peritonitis (n=3), and undetermined causes (n=3) (Ostermann et at. in press). Lamb survival in the captive herd during 1999 was the lowest recorded for this population, with only two ofseven lambs surviving to yearling age. Results from necropsies performed at the California VeterinaryDiagnostic Laboratory indicated acute bacterial pneumonia (Pasteuretta spp.) as the cause ofdeath in all five lambs. Previous studies have implicated severe stress as a factor in pasteurellosis in domestic ruminants (Frank and Smith 1983, Gilmour and Gilmour 1989), and in bighorn pneumonia epizootics (Feuerstein et at. 1980, Spraker et at. 1984, Festa-Bianchet 1988). During the 1999 lambing season, captive bighorn were observed fleeing from the feeding area in response to construction noise from nearby development projects on multiple occasions. Additionally, helicopters were documented flying over or adjacent to the enclosures and causing alarm responses (e.g., running uphill) among captive bighorn on over 20 occasions between January and July 1999 (Bighorn Institute 1999). Stress resulting from human disturbance may have played a role in predisposing captive lambs to disease. 19 4. SURVIVORSHIIP
In the San Jacinto Mountains, DeForge et at. (1997) monitored the survival of adult (2 or more years ofage) radiocollared bighorn sheep during 1993 to 1996 and estimated annual adult survival to be 0.75 (1 equals 100 percent). During 1997 and 1998, annual survival in this ewe group was 0.67 and 0.86, respectively (Bighorn Institute 1997, 1998).

In the northern Santa Rosa Mountains ewe group, adult survivorship was monitored during a 14-year period (1985 to 1998), and was found to range between 0.50 and 1.00 annually (Table 3; Ostermann et at. in press). Regression analysis did not reveal an increasing or decreasing trend in survivorship during the 14 years. In this ewe group, which has been augmented with captive animals since 1985 (refer to sections I.C.1 and I.E.3), annual survival ofcaptive reared animals (n equals 73, mean 0.80) was not statistically different from that of wildreared animals (n equals 43, mean 0.81; Ostermann et at. in press).

During November 1992 to May 1998, survivorship of 113 adult radio-collared bighorn sheep (97 ewes and 16 rams) was monitored between Highway 74 (in the Santa Rosa Mountains) and the U.S.-Mexico border. During this period, overall annual adult survival was 0.79 (Table 4), with no significant difference among three age classes ofadults (Hayes et at. 2000). Survivorship varied across years (range: 0.72 to 0.91, Hayes et at. 2000), but regression analysis did not reveal a decreasing or increasing trend in survivorship across years. Annual survivorship ofindividual ewe groups ranged from 0.70 to 0.87, and a year of high survivorship in one group was not necessarily a year of high survivorship in other groups (E. Rubin, pers. comm.).

Survival ofadult bighorn sheep has been considered to be high until 10 years of age (Hansen 198Gb), or until shortly before the age ofecological longevity (Cowan and Geist 1971). However, observed values of annual adult survivorship in the Peninsular bighorn sheep appear low relative to other reported desert populations: 0.91 or greater in southeastern California (Andrew 1994), 0.86 or greater in northwest Arizona (when highway mortalities were excluded, Cunningham and deVos 1992), 0.82 in New Mexico (Logan et at. 1996), and 20 Table 3. Annual survival estimatesa for yearling and adult bighorn sheep in the northern Santa Rosa Mountains ewe group for calendar years 1985 to 1998 (excluding captive-reared animals; Ostermann et at. in press).

Year Animal Months Survival
(1.0 = 100
percent)
95 percent
Confidence
Interval
1985 305 0.70 0.54-0.86
1986 282 0.88 0.76-1.00
1987 264 0.91 0.80-1.00
1988 234 0.90 0.77-1.00
1989 203 0.78 0.59-1.00
1990 145 0.79 0.57-1.00
1991 105 0.80 0.55-1.00
1992 86 0.88 0.65-1.00
1993 73 0.86 0.60-1.00
1994 45 0.50 0.10-0.90
1995 61 0.83 0.54-1.00
1996 52 0.80 0.45-1.00
1997 42 0.75 0.33-1.00
1998 42 1.00 1.00-1.00
aSu~ival calcujated usingthe Kaplan-Meiermethod modified for a staggered entry design (Pollock et al. 1989).

0.85 or greater for four offive populations studied in the Mojave desert (Wehausen 1992). The one exception in the Mojave desert was a small population in the Granite Mountains, which was documented to have low adult annual survival (0.72) resulting from predation by mountain lions (Wehausen 1992).

Survival ofBighorn Institute captive raised yearling and adult bighorn (n equals 73, 1985-1998) 12 months after release was 0.61. First year survival for females (0.64) was higher (p less than 0.005) than for males (0.55). First year survival for bighorn released as adults (0.75, n equals 12) was higher (p less than 0.01) than forbighorn released as yearlings (n 61, mean 0.57). After the first year in the wild, survival for captive-reared sheep improved substantially. Average annual survival for captive-reared bighorn excluding the first year after release (0.88) was significantly higher than survival during the first year after release (p less than 21 Table 4. Annual survival of adult bighorn sheep (greater than or equal to 2 years of age)a, between Highway 74 (in the Santa Rosa Mountains) and the U.S.-Mexico border, 1992 to 1998 (Hayes et al. 2000).

Year Animal
Months
Annual Survival
(1.0 = 100 percent)
95 percent Confidence
Interval
244 0.91 0.79-1.00
1993-1994 758 0.79 0.70-0.89
1994-1995 808 0.79 0.70-0.88
1995-1996 605 0.72 0.62-0.85
1996-1997 368 0.82 0.70-0.96
1997-1998 384 0.83 0.70-0.96
Total 3167 0.79 0.75-0.84
a Calculated using the program MICROMORT (Heisey and Fuller 1985). bJune 1 offirst year through May 31 ofsecond year(except 1992, which started in November).

0.01) and survival for wild-reared bighorn during the same time period (p equals

0.05). Mountain lion predation was the primary cause of death for released bighorn, followed by urbanization (Ostermann et at. in press).

Between 1985 and 1998, survival for yearling and adult bighorn in the captive population at the Bighorn Institute ranged from 0.89 to 1.0 and averaged 0.98.

The only adult bighorn mortality during this time period was the euthanasia ofa terminally ill 14-year-old ewe. Three yearlings died in captivity, two from disease and one during transport for release (Ostermann et at. in press). In 1999, two adults and a yearling died in captivity: a 15-year-old ram was euthanized after collapsing from a broken humerus; a 14-year-old ram died from complications with old age and bronchopneumonia; and a yearling ram died from an extensive cervical abscess (Bighorn Institute 1999).

5. CAUSES OF MORTALITY
Cause specific mortality in the San Jacinto Mountains was studied from 1992 to 1998. During this period, five mortalities were attributed to mountain lion (Puma concotor) predation, two were attributed to bobcat or mountain lion predation, and three died ofunknown causes (DeForge et at. 1997; Bighorn Institute 1997, 1998).
22 In the northern Santa Rosa Mountains, artificially irrigated vegetation attracts bighorn sheep and creates a hazard. Though commonly thought to be the product ofreleasing captive-reared animals into the wild, behavioral habituation to urban sources offood and water began when urbanization started encroaching into bighorn habitat in the 1950’s, several decades before population augmentation began in 1985 (Tevis 1959, DeForge and Scott 1982, Ostermann et at. in press, V.

Bleich, pers. comm.). A study of cause-specific mortality conducted from 1991 to 1996 revealed that predation accounted for 28 percent of32 adult bighorn sheep mortalities (25 percent due to lion predation and 3 percent due to either lion or bobcat predation) and 34 percent were directly caused by urbanization (DeForge and Ostermann 1998b). The remainder ofmortalities were due to disease (3 percent) and undetermined causes (34 percent). Ofthe 11 adult mortalities attributed to urbanization, 5 were due to automobile collisions, 5 were caused by exotic plant poisoning, and 1 bighorn ram was strangled in a wire fence. An additional four bighorn sheep were struck but not killed by vehicles. Toxic plants causing mortality included oleander (Neriurn oleander) and laurel cherry (Prunus sp.) (Bighorn Institute 1995, 1996). In 1970, a toxic, ornamental nightshade plant may have caused the death of a young ram in Palm Springs (Weaver and Mensch 1970). Due to an absence of comprehensive studies ofthe toxicity ofnon-native plants to bighorn sheep, it is unclear how many additional ornamental plant species represent a risk to bighorn sheep in the Peninsular Ranges. Exposure to chemicals, such as fertilizers, herbicides, and insecticides used in developed areas, is also a concern (Turner 1978); however, little is known about the level of exposure or effects on bighorn sheep. Preliminary results from an ongoing study ofradiocollared lambs indicate that urbanization is also affecting lamb survival in this ewe group. Ofthe nine lamb mortalities recorded in 1998 and 1999, five were attributed to coyote or bobcat predation, one to mountain lion predation, and three to the direct and indirect effects of urbanization (automobile collision and drowning in a swimming pool). Dogs also have been observed to chase bighorn ewes and their lambs near residential areas (E. Rubin, pers. comm.). Eight ofthe nine deaths occurred within 300 meters (980 feet) ofthe urban interface (Bighorn Institute 1999).
23 Though mule deer (Odocoiteus hemionus) are the primary prey of mountain lions in North America (Anderson 1983), and the range ofbighorn sheep in the Peninsular Ranges largely avoids overlap with mule deer, lion predation threatens individual ewe groups in the Peninsular Ranges (Hayes et at. 2000) and has the potential to affect population recovery. From November 1992 to May 1998, Hayes et at. (2000) found the primary cause ofdeath ofradio-collared adult bighorn sheep between Highway 74 (in the Santa Rosa Mountains) and the U.S.- Mexico border was predation by mountain lions. Lion predation accounted for at least 69 percent ofthe 61 adult mortalities and occurred in each ofthe ewe groups in this portion ofthe range (Hayes et at. 2000). Annually, lion predation accounted for 50 to 100 percent ofthe bighorn sheep mortality, and did not exhibit a decreasing or increasing trend during 1993 to 1997. Lion predation appeared to show a seasonal pattern, with the majority ofincidents occurring during the cooler and wetter months of the year. A bighorn sheep’s risk of predation did not appear to be related to its age. In this study, the remainder of mortalities were classified as: 16 percent--causes other than predation and 15 percent--undetermined cause.

It is unknown, however, how current levels oflion predation observed throughout the Peninsular Ranges compare to historic levels. Lions orsign oflion have been observed in the habitat of Peninsular bighorn sheep since the 1950’s (Jones et at. 1957, Jorgensen and Turner 1973, Gross 1987, Sanchez 1988, Bighorn Institute 1990). However, the literature indicates a lack of agreement on recent mountain lion population trends in California (Smallwood 1994, Smallwood and Fitzhugh 1995, Torres et al. 1996, Wehausen 1996). Past incidents oflion predation were documented by Jorgensen and Turner (1975), Gross (1987), and Bighorn Institute (1998, 1999). Reported incidents of lion predation were not common in the past and predation was not considered to be a serious risk to bighorn sheep (Weaver and Mensch 1970, Jorgensen and Turner 1975, Cunningham 1982), but it is important to note that the increase in the number of radio-collared bighorn sheep since 1993 has greatly increased the detection ofsuch mortalities. Because ofthe rough desert terrain and the manner in which lions handle their prey (burying or caching under dirt or brush), carcasses oflion-killed bighorn sheep are difficult to find without the aid oftelemetry. However, dead bighorn sheep without radio24 collars have been found opportunistically during early and recent field work, and• it has been suggested that the proportion ofthese that were killed by lions may have increased. It is possible that other causes of mortality, for example past episodes of diseases, have altered the proportion of mortalities attributed to lion predation.

Past field observations and records in areas far from the Coachella Valley urban interface documented mortalities resulting from predation (oflambs) by coyotes (Canis tatrans)(Weaver and Mensch 1970, Jorgensen and Turner 1975, DeForge and Scott 1982), train collisions (Jorgensen and Turner 1973), automobile collisions (Turner 1976, Hicks 1978), poaching (Jones et at. 1957, Jorgensen and Turner 1973, Cunningham 1982), and accidental falls (Turner 1976). Golden eagles (Aquita chrvsaetos) and bobcats (Lynx rufus) are also potential predators.

6. COMPETITION
In the Peninsular Ranges, bighorn sheep potentially compete for resources with other native ungulates (mule deer), domestic livestock (cattle), feral animals (horses), and humans. Bighorn sheep and deerhabitat overlap primarily at the upper elevations of bighorn habitat, with possible geographic and seasonal differences in the degree ofoverlap. Jones (1980) summarized reports of possible competition for food and water between deer and bighorn sheep in other mountain ranges. Jones et at. (1957) and Weaver et at. (1968)speculated that competition between the two species may occur but likely was limited in the Peninsular Ranges. The habitat use patterns ofdeer in the Peninsular Ranges have not been studied; therefore, levels ofcompetition are not known. Recent observations suggest that non-native honey bees (Apis meltifera) could affect bighorn sheep use ofcertain water sources (W. Boyce, pers. comm.).

Numerous reports and observations indicate that cattle grazing can be detrimental to bighorn sheep populations, either through direct competition for forage or water, or through vegetation changes in response to cattle grazing (reviewed by McQuivey 1978 and Jones 1980) and potential disease transmission (e.g., DeForge et at. 1982, Clark et at. 1985, Jessup 1981, Jessup 1985, Clark et at. 25 1993, refer to section I.B.7 and I.D), although see Singer et at.(1997).

Historically, large numbers ofcattle were grazed in the Peninsular Ranges (Reed 1986; Appendix A). Numbers were greatly reduced when Anza-Borrego Desert State Park was established in 1933 and grazing leases on park lands were terminated in 1970, although cattle have continued to trespass on Park lands from adjacent allotments. Cunningham and Ohmart (1986) found that dietary overlap between cattle and Peninsular bighorn sheep in Carrizo Canyon was low (less than or equal to 18.2 percent) but noted that during their study, the two species used different vegetation associations. These authors cautioned that competition might increase if: 1) cattle were introduced to bighorn sheep habitat (with the impact being most serious at water sources), or 2) drought reduced the availability of annual plants. In 1989, cattle were observed at a water source used by bighorn sheep in Carrizo Canyon (Clark et at. 1993), indicating that cattle were using bighorn sheep habitat in the study site ofCunningham and Ohrnart (1986). Cattle were also found in bighorn sheep habitat in Coyote Canyon, Rockhouse Canyon, Hellhole Canyon, and Bow Willow Canyon (M. Jorgensen, pers. comm.). During 1987 to 1989, Anza-Borrego Desert State Park personnel removed 117 cattle from park land (M. Jorgensen, pers. comm.); however, cattle (both feral orstraying cattle, and those currently grazed legally on grazing allotments) are still found in or near bighorn sheep habitat in the Peninsular Ranges, and represent a potential risk to bighorn sheep.

Palm Springs City CouncilApril 7, 2022

Palm Springs City Council
April 7, 2022