Loading...
01-18-2011 - General Plan Amendment No. 10-01Zone Change No. 10 - Item 12 attach 12 (2).pdfPlanning Department January 6,2011 Edmund Pert Regional Manager Department of Fish and Game South Coast Region 4949 Vievvridge Avenue San Diego, CA 92123 Subject: Response to CDFG letter for Triple-A Project Dear Mr. Pert: Attached (as attachment A) are responses to the September 15, 2010 received from the California Department of Fish and Game (CDFG) sent in response to the Triple A Pad Project Initial Study checklist/Mitigated Negative Declaration. The Environmental Consulting Firm of ESA has prepared a response letter for your review. As you may know the comment period for the MND ended on August 24, 2010. The City of West Covina City Council is scheduled to hold a public hearing on January 18, 2011 to consider approving the General Plan Amendment, and Zone Change, and certify the Negative Declaration of Environmental Impact Report for the above said project. ESA has determined that potential impacts to coastal California gnatcatcher can be mitigated to a level of less-than-significant under the California Environmental Quality Act. The mitigation measure for biological resources BIO-1- has been expanded to encompass some of CDFG's concerns, as noted in the attached responses. If you need assistance, please contact my office at (626) 939-8765. Thank you for your cooperation. Sincerel eirio Ron Garcia Planning Associate tReviewed and Approved Acting arming Director ZACase Files\PP\2010\10-02 AAA PAD Service Station Car Waslaish and Game Review letter.doc 1444 W. Garvey Avenue South • PO Box 1440*W/est Covina, CA 91793 • Phone (626) 939-8422 • Fax (626) 939-8667 Response to Comments: California Department of Fish and Game Comment 1: The commenter states that the California Department of Fish and Game (CDFG) has reviewed the Draft Mitigated Negative Declaration and confirms the location of the proposed project and General Plan land use change requirement. This comment is noted as part of the administrative record for this project. No additional response is required. Comment 2: Commenter cites the applicable California Fish and Game Code, CEQA Public Resource Code, and the Departments permitting authority as a Responsible Agency under the California Endangered Species Act This comment is noted as part of the administrative record for this project. No additional response is required. Comment 3: Commenter summarizes the intent of the Department's California Wildlife Action Plan and CDFG's willingness to work with the City to minimize potential impacts to natural resources. This is comment noted and has been forwarded to the decision-makers for their consideration. No additional response is required. Comment 4: Commenter describes the potential impacts to existing coastal sage scrub from proposed grading activities and previous documentation that allowed for removal of this habitat. The existing conditions of the project site are recognized and potential impacts to California gnatcatcher (CAGN) are acknowledged. Protocol surveys for CAGN are suggested in addition to adding breeding bird surveys during the native nesting bird season (February 1 through September 1) to mitigation measure BIO-1. In addition to the documents cited by Commenter, the City of West Covina is subject to a Conceptual Habitat Management Mitigation and Monitoring Plan (dated May 29, 2003 and revised on June 12, 2008). This Plan was prepared to support the City's CDFG Section 1602 Streambed Alteration Agreement (5-256- 00); the Corps Section 404 Permit (1991582100-MDC); the Regional Water Quality Control Board Section 401 Water Quality Certification (00-048) and the US Fish and Wildlife Service Biological Opinion (F .WS-LA-3074.2). This Plan was specifically for development of the "West Covina Sportsplex," which includes, not only a sportsplex, but other commercial, recreational and office uses. The Plan sets aside 24 acres of coastal sage scrub for preservation in return for the permanent removal of 6.5 acres of coastal sage scrub in the northwest corner of the site to allow grading required for the sportsplex and its environs. The project site is outside of that habitat conservation area. Triple A Pad Project -17- ESA / D210225 Response to CDFG Letter October 2010 Preliminary — Subject to Revision Response to CDFG Letter On September 29, 2010, an ESA biologist visited the project site to assess the existing conditions at the site and to evaluate the potential for sensitive biological resources to be present and potentially impacted by construction activities associated with the proposed project. Based on this assessment, ESA confirmed that previously removed coastal sage scrub has re-established on the westerly- facing slopes located between the Big League Dreams Sports Complex to the east and the project site. The re-emergent coastal sage scrub appears to have been irrigated (due to the presence of an above-ground irrigation system) and is dense, with no bare ground exposed between plants. The coastal sage scrub and a small area of ornamental landscaping on the upper portion of the slopes provide 100 percent vegetation cover of the westerly-facing slope. The vegetation within the re-emergent coastal sage scrub is dominated by California briftlebush (Encelia californica) with less dominant plants consisting of deerweed (Lotus scoparius), coyote brush (Baccharis pilularis), giant rye grass (Leymus condensatus), and mulefat (Baccharis salicifolia). During the site visit, it was confirmed that no riparian features, including wetland and natural drainages are present on or adjacent to the project site, and no potential wildlife migration corridors are present in the general area. Dense urban development and surface streets exists in the general area. The portion of the existing BKK Landfill that was actively used for fill in the past is approximately one-quarter of a mile to the east of the project site where California gnatcatcher (CAGN) were recorded in 2002, and Galster Wilderness Park, located a little over one-half mile to the northeast. Galster Wilderness Park contains several acres of coastal sage scrub vegetation that has the potential to provide suitable habitat for CAGN. Nonetheless, CAGN are not expected to be present within the re-emergent coastal sage scrub on the project site primarily because of the following reasons: 1) the area is too narrow and too exposed to adjacent urban land uses that include: Azuza Avenue, a busy thoroughfare, approximately 130 feet to the west; Giambi Road to the south, beyond which is a congested commercial shopping center; and the Sports Complex to the north and northeast, which is active and noisy while in use; 2) CAGN typically nest in coastal sagebrush dominant or co-dominant vegetation with between 20 and 60 percent vegetation cover with an inter-shrub gap of 153 to 176 cm (Mock, P. 2004); and 3) CAGN prefers nesting in areas with less than 40 percent slope gradient historically (Mock, P. 2004). The following mitigation measures have been added to avoid potential impacis to CAGN and other breeding birds protected under the Migratory Bird Treaty Act and Fish and Game Code: Within 15 days of site clearing, a qualified biologist shall conduct a pre- construction, breeding bird survey. The biologist must be qualified to determine the status and stage of nesting by breeding birds without causing intrusive disturbance. This survey shall include species protected under the Migratory Bird Treaty Act. The survey shall cover all reasonably potential nesting locations on or closely adjacent to the project site. If an active nest is confirmed by the biologist, no construction activities shall occur within at least 300 feet of the nesting site until the end of the breeding , Triple A Pad Project -18- ESA / D210226 Response to CDFG Letter October 2010 Preliminary -Subject to Revision Chapter or Section Title Comment 5: season when the nest has failed or the young have fledged. CDFG will be notified of the identification of active nests and will be consulted regarding resumption of construction activities. • If feasible, coastal sage scrub vegetation will be removed prior to February 1 or after September 1 to eliminate potential bird nesting sites in the proposed disturbance zone and to avoid direct impacts on breeding birds and bird nests, including the coastal California gnatcatcher. As a result, the following changes to the text of the Triple A Pad Initial Study and Mitigated Negative Declaration: (Revised or new language is underlined; deleted language is indicated by ctrikethrough text.) Mitigation Measure BIO-la: Construction of the proposed project shall begin prior to or after the nesting season (end of February through MayAugust) to prevent any loss of individuals, nests or young that move onto the site between the time of the last nesting survey and construction. If construction cannot be delayed until after the nesting season, within 15 days of site clearing, a qualified biologist shall conduct a pre- construction, breeding bird survey. The biologist must be qualified to determine the status and stage of nesting by breeding birds without causing intrusive disturbance. This survey shall include species protected under the Migratory Bird Treaty Act. The survey shall cover all reasonably potential nesting locations on or closely adjacent to the project site. If an active nest is confirmed by the biologist, no construction activities shall occur within at least 300 feet of the nesting site until the end of the breeding season when the nest has failed or the young have fledged. CDFG will be notified of the identification of active nests and will be consulted regarding resumption of construction activities.. If no animals are dctccted during these surveys, then construction related activities would proceed. If adult special statua animals are found within the construction disturbance zone, the project shall stop and notification of the U.S. Fish and Wildlife Service shall occur immediately. Construction would not resume until two weeks after the young have fledged. Mitigation Measure BIO-lb: If feasible, coastal sage scrub vegetation will be removed prior to February 1 or after September 1 to eliminate potential bird nesting sites in the proposed disturbance zone and to avoid direct impacts on breeding birds and bird nests, including the coastal California gnatcatcher. Commenter recommends (where applicable) conducting a thorough analysis of rare plants and natural communities, wildlife, and nearby areas that are considered sensitive by the local jurisdiction. The biological assessment conducted on September 29, 2010 by an ESA biologist confirmed that the project site does not contain any sensitive biological resources Triple A Pad Project -19- ESA / D210226 . Response to CDFG Letter October 2010 Preliminary — Subject to Revision to CDFG Letter and none are present in the immediate vicinity. The slopes covered with coastal sage scrub do not provide gaps between plants to allow understory plants to grow. Therefore, no special-status plants that have been recorded in the region are expected to occur in this area. Moreover, no sensitive wildlife species are expected to occur within the coastal sage scrub due to adjacent land uses and surrounding conditions described in Response 5 above. With the exception of the removal of the re-emergent coastal sage scrub, no other impacts would occur to biological resources. Comment 6: Commenter cites CEQA Guidelines, Section 15125(a) and 15130 and suggests that project impacts be analyzed relative to their effects on off-site habitats and populations, migratory wildlife, including birds protected under the MBTA; and fuel modification related impacts on habitat. A discussion of the biological resources found on and adjacent to the project site, as well as those that exist in the general region is provided in detail in the BKK Landfill EIR. The existing conditions of the project site have been described in the DMND, which includes a brief discussion of the biological resource setting of the project site. Based on the recent assessment conducted by an ESA biologist on September 29, 2010, no sensitive wildlife species are expected to occur within the coastal sage scrub due to adjacent land uses and surrounding conditions described previously in Response 5. With the exception of the removal of the re- emergent coastal sage scrub, no other impacts would occur to biological resources. Moreover, the additional mitigation measures described in Response 5 would reduce potential impacts to breeding birds and coastal California gnatcatcher to a level of less than significant. Comment 7: Commenter suggests that a range of alternatives be evaluated that would avoid or otherwise minimize impacts to sensitive biological resources. Commenter goes on to state that CDFG considers Rare Natural Communities as threatened habitats that should be fully avoided, and that CDFG does not support relocation, salvage, and/or transplantation as mitigation for impacts to special-status species. As described on page 24 of the Draft Mitigated Negative Declaration, the project site is part of a January 1996 Stipulated Judgment that allowed grading of approximately 9.3 acres of coastal sage scrub located along Azusa Avenue (on the western boundary). (See also, Response to Comment 4, above.) Around 2006, the site was completely graded to construct the sports complex east and uphill of the project site. A Coastal Sage Scrub Habitat Conservation Area has been successfully established along the westerly-facing slopes north of the project site. This conservation area has already mitigated the loss of the coastal sage scrub habitat that currently exists on the project site. The amended mitigation measures would avoid direct impacts on breeding birds, including the coastal California gnatcatcher; therefore, the proposed project would not result in any adverse impacts to sensitive biological resources. Triple A Pad Project -20- ESA / D210226 Response to CDFG Letter October 2010 Preliminary — Subject to Revision Soo-16-2010 02:09pm From- -7-285 P.002 F-484 California Natural Resources Anew( DEPARTMENT OF FISH AND GAME South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 (858) 487-4201 http://viww.dfg.ca.gov September 15,2010 Mr, Ron Garcia Planning Asscociate City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 Fax 4t: (626) 939-8657 ARNOLD SCHWAR2SVEGGER, Gave/nor RECEIVED SEP 1 5 2010 PLANN1NU DEPT. Subject: Initial Study, Mitigated Negative Declaration, Triple-A Pad Project, CEQA -2010-0643-0000-R5 Dear Mr. Garcia: The Department of Fish and Game (Department) has reviewed the Draft Mitigated Negative Declaration (DMND) for a 2.13-acre proposed development to build a 9,646-square foot gas station facility plus 9,572 square feet of landscaping. The project is located on the northeast corner of the Intersection of AZUSS Avenue and Giambi Lane in West Covina. The project site Is located along the periphery of the former BKK Landfill. The proposed project would require an amendment to the General Plan to change the General Plan land use designation from Open Space to Service and Neighborhood Commercial, The Department is California's Trustee Agency for fish and wildlife resources, holding these resources in trust for the People of State pursuant to various provisions of the California Fish and Game Code (Fish & G. Code, §§ 711.7, subd, (a), 1802,). .The Department submits these comments in that capacity under the California Environmental Quality Act (OEQA) (See generally Pub. Resources Code, g§ 21070; 21080.4.). Given its related permitting authority under the California Endangered Species Act (CESA) and Fish and Game Code section 1500 et seq., the Department also submits these comments likely as a Responsible Agency for the Project under CEQA (Id., § 21069.). The California Wildlife Action Plan, a recent Department guidance document, identified the following stressors affecting wildlife and habitats within the project area '1) growth and development; 2) water management conflicts and degradation of aquatic ecosystems; 3) invasive species; 4) altered fire regimes; and 5) recreational pressures. The Department looks forward to working with the City of West Covina to minimize impacts to 'fish and wildlife resources with a focus on these stressors. Please let Department staff know if you would like a copy of the plan to review. The project site is part of a January 1995 Stipulated Judgment that allowed grading of approximately 9.3 acres of coastal sage scrub located along Azusa Avenue, In 2006, this site was completely graded to construct the sports complex east and uphill of the project site. Following completion of the sports complex, coastal sage scrub. has re-established at the project site and along the hillside adjacent to the sports complex and adjacent to the eastern boundary of the project site. The proposed project would require new grading and could result in removal of coastal sage scrub within the grading footprint. Coastal California Gnatcatcher, a federally endangered species has been observed in close proximity to the proposed project site. Conserving Caffornia's friliretrife Since 1870 Soo-10-2010 02:00pm From- (-1'7285 P.003 F-484 Mr. Ron Garcia September 15, 2010 Page 2 of 5 Protocol level surveys coordinated with the U.S. Fish and Wildlife Service should be conducted. Biological mitigation measure B10-1 states that construction shall begin prior to or after the nesting season (end of February through May). The Department recommends using native bird nesting season dates of February 1 through September 1 and for the mitigation measure to include bird nest surveys to minimize impacts to all migratory birds as well as the non-migratory coastal California gnatcatcher. Please refer to the information below for more details. To enable Department staff to adequately review and comment on the proposed project we recommend the following information, where applicable, be considered during finalization of the DMND: A complete, recent assessment of flora and fauna within andadjacent to the project area, with particular emphasis upon identifying endangered, threatened, and locally unique species and sensitivehabltats (Attachment 1, Plant Survey Protocol). a, A thorough recent assessment of rare plants and rare natural communities, following the Department's Guidelines for Assessing Impacts to Rare Plants and Rare Natural Communities. . b. A complete, recent assessment of sensitive fish, wildlife, reptile, and amphibian species. Seasonal variations in use within the project area should also be addressed. Recent, focused, species-specific surveys, conducted at the appropriate time of year and time of day when the sensitive species are active or otherwise identifiable, are required. Acceptable epecies-specffic survey procedures should be developed in consultation with the Department and U.S. Fish and Wildlife Service. Endangered, rare, and threatened species to address should include all those species which meet the related definition under the cEQA Guidelines. (See Cal. Code Reg., tit. 14, § 153130.) The Department's Biogeographic Data Branch in Sacramento should be contacted at , (916) 322-2493 vacvedfceca.00vibioaeodatrie to obtain current information on any previously reported sensitive species and habitats, including Significant Natural Areas identified under Chapter 12 of the Fish and Game Code. Also, any Significant Ecological Areas (SEAs) or Environmentally Sensitive Habitats (ESHs) or any areas that are considered sensitive by the local jurisdiction that ere located in or adjacent to the project area must be addressed. 2. A thorough discussion of direct, indirect, and cumulative impacts expected to adversely affect biological resources, with specific measures to offset such impacts. This discussion should focus on maximizing avoidance, and minimizing impacts. a. CEQA Guidelines, Section 15125(a), direct that knowledge of the regional setting is critical to an assessment of environmental impacts and that special emphasis should be placed on resources that are rare or unique to the region. Project impacts should also be analyzed relative to their effects on off-site habitats and populations. Specifically, this should include nearby public lands, open space, adjacent natural habitats, and riparian ecosystems. impacts to and maintenance of wildlife corridor/movement areas, including access to undisturbed habitat in adjacent areas are of concern to the Department and should be fully evaluated and provided. The analysis Sep-16-2010 02:10pm From- (-17285 P.004 F-484 Mr, Ron Garcia September 15, 2010 . Page 3 of 5 should also include a discussion of the potential for impacts resulting from such effects as increased vehicle traffic, outdoor artificial lighting, noise and vibration. c. A cumulative effects analysis should be developed as dabcribed under CEQA Guidelines, Section 15130. General and specific plans, as well as past, present, and anticipated future projects, should be analyzed relative to their impacts on similar plant communities and wildlife habitats. d. Impacts to migratory wildlife affected by the project should be fully evaluated including proposals to remove/disturb native and ornamental landabaping and other nesting habitat for native birds. Impact evaluation may also include such elements as migratory butterfly roost sites and neo-tropical bird and waterfowl stop-over and staging sites. All migratory nongame native bird species are protected by international treaty under the Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 C.F.R, Section 10.13), Sections 3503, 3503.5 and 3513 of the California Fish and Game Code prohibit take of birds and their active nests, including raptors and other migratory tiongame birds as listed under the MBTA. e. Impacts to all habitats from City or County required Fuel Modification Zones (FM!). • Areas slated as mitigation for loss of habitat shall not occur within the FM!. f. Proposed project activities (including disturbances to vegetation) should take place outside of the breeding bird season (February 1- September 1) to avoid take (including disturbances which would cause abandonment of active nests containing eggs and/or young). If project activities cannot avoid the breeding bird season, nest surveys should be conducted and active nests should be avoided and provided with a minimum buffer as determined by a biological monitor (the Department recommends a minimum 500-foot buffer for all active raptor nests). 3, A range of alternatives should be analyzed to ensure that alternatives to the proposed project are fully considered and evaluated. A range of alternatives which avoid or otherwise minimize impacts to sensitive biological resources including wetlands/riparian habitats, alluvial scrub, coastal sage scrub, should be included. Specific alternative locations should also he evaluated in areas with lower resource sensitivity whore appropriate. a. Mitigation measures for project impacts to sensitive plants, animals, and habitats should emphasize evaluation and selection of alternatives which avoid or otherwise minimize project impacts, Compensation for unavoidable impacts through acquisition and protection of high quality habitat elsewhere should be addressed with off-site mitigation locations clearly identified. b. The Department considers Rare Natural Communities as threatened habitats having bath regional and local significance. Thus, these communities should be fully avoided and otherwise protected from project-related impacts (Attachment 2). c, The Department generally does not support the use of relocation, salvage, and/or transplantation as mitigation for impacts to rare, threatened, or endangered species. Department studies have shown that these efforts are experimental in nature and largely unsuccessful. Sop-10-2010 02:10pm From- (---T-285 P.006/016 F-484 Mr. Ron Garcia September 15, 2010 Page 4 of 5 An Incidental Take Permit from the Department may be required if the Project, Project construction, or any Project-related activity during the life of the Project will result in 'take" as defined by the Fish and Game Code, of any species protected by CESA (Fish & G. Code, §§86, 2080, 2081, subd, (b), (c).). Early consultation with Department regarding potential permitting obligations under CESA with respect to the Project Is encouraged (Cal. Code Rags., tit. 14, § 783.2, subd. (b),)1 it is imperative with these potential perrnifting obligations that the DMND prepared by the City of West Covina in the present case includes a thorough and robust analysis of the potentially significant impacts to endangered, rare, and threatened species, arid their habitat, that may occur as a result of the proposed Project_ For any such potentially significant impacts the City of West Covina should also analyze and describe specific, potentially feasible mitigation measures to avoid or substantially lessen any such impacts as required by CEQA and, if an ITP is necessary, as required by the relevant permitting criteria prescribed by Fish and Game Cade section 2081, subdivisions (b) and (c). The failure to include this analysis in the Project Mitigated Negative Declaration (MND) could preclude the Department from relying on the City of West Covina's analysis to issue an ITP without the Department first conducting its own, separate Lead Agency subsequent or supplemental analysis for the Project (See, e.g., Cal. Code Regs., tit. 14, § 15096, subd. (f); Pub. Resources Code, § 211684.. For these reasons, the following information is requested; a. Biological mitigation monitoring and reporting proposals should be of sufficient detail and resolution to satisfy the requirements for a GEV, Permit. b. A Department-approved Mitigation Agreement and Mitigation Plan are required for plants listed as rare under the Native Plant Protection Act. The Department opposes the elimination of watercourses (including concrete channels) and/or the canalization of natural and manmade drainages or conversion to subsurface drains. All wetlands and watercourses, whether intermittent, ephemeral, or perennial, must be retained and provided with substantial setbacks which preserve the riparian and aquatic habitat values arid maintain their value to on-site and off-site wildlife populations. The Department recommends a minimum natural buffer of 100 feet from the outside edge of the riparian zone on each side of drainage. The Department also has regulatory authority with regard to activities occurring in streams and/or lakes that could adversely affect any fish or wildlife resource. For any activity that will divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) or a river or stream or use material from a streambed, the project applicant (or "entity) must provide written notification to the Department pursuant to Section 1$02 of the Fish and Game Code. Based on this notification and other information, the Department then determines whether a Lake and Streambed Alteration Agreement (LSA) is required, The Department's issuance of an OA is a project subject to CEQA. To facilitate issuance of an LSA, if necessary, the MND should fully identify the potential impacts to the lake, .stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the LSA. Early consultation is recommended, since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources. Again, the failure to include this analysis in the Project MND could preclude tha Department from relying on the City of West Covina's analysis to issue an LSA without the Department first conducting its own, separate Lead Agency subsequent or supplemental analysis for the Project. Seo-16-2010 02110om From- TAOS P.006/016 F-484 •-••••••••••V a 0 05/0 1 5 Mr. Ron Garcia September 15, 2010 Page 5 of 5 Department staff review of this project included the use of the Department's California Natural Diversity Database (CNDDB). This database aill:MS spatial review of sensitive biological resources that have been reported in the past to the CNDDS staff. The attached map (Attachment 3) illustrates past observation locations of sensitive species in the general area of the proposed project andas such is a useful tool to evaluate potential sensitive biological resources on the project site. These observations do not represent the current status of sensitive biological resources in the area as CNDDB data is provided only by site specific projects and hence the entire map area has not been surveyed. Site specific surveys should be conducted in the manner described above, as needed. Thank you for this opportunity to provide comments. Please contact Mr. Daniel Blankenship, Staff Environmental Scientist, at (661) 259-3750 if you should have any questions and for further coordination on the proposed project. Sincerely, et10,2„..ed//2e121.-- Edmund Pert Regional Manager South Coast Region Attachments cc: Department of Fish and Game Scott P. Harris, Pasadena Kelly Schrnoker, Pasadena Terri Dickerson, Laguna Niguel Helen Birss, Los Alamitos Scott Morgan State Clearinghouse, Sacramento Author: Dan Blankenship Date: 9/712010 942 AM 'A',"7-" • N. 5 ferAlk.)".n,6: n•1:•-1 Nr-IN Ainenal faatalille) Ontlerral f.erneaptielillo) Sitfreel Wm:star) Tem Catena. pl0m) Tern Coal& faitaidie) Tarr. Comm tionabloctSci Tarr- Carom fa Wade* Itegu. Comm pans) law. Cam% Ilalladac) Itaw. Com. Ilmtreaftaarlial Aram Ctwern. Wm/kr) thinaps.dig.ca.goviviewersiviewerii:igiptintklap.asp T-285 P.006/016 P°•4114 Sec-IS-MO 02111pm Free - vuuolt.,UWT Wni011 00 7 /0 15 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities State of California CALIFORNIA NATURAL RESOURCES AGENCY Department of Fish and Game November 24, 20091 INTRODUCTION AND PURPOSE The conservation of special status native plants and their habitats, as well as natural communities, is integral to maintaining biological diversity. The purpose of These protocols is to facilitate a consistent and systematic approach to the survey end assessment of special status native plants and natural communities so that reliable information is produced and the potential of locating a special status plant species or natural community is maximized. They may also help those who prepare and review environmental documents determine when a botankeel survey is needed, how field surveys may be conducted, what information to include in a survey report, and what qualifications to consider for surveyors. The protocols may help avoid delays caused when inadequate biological Information is provided during the environmental review process; assist lead, trustee and responsible reviewing agencies to make an informed decision regarding the direct indirect, and cumulative effects of a proposed development, activity, or action on special status native plants and natural communities; meet Cafifomie Environmental Quality Act (CEOA)2 requirements for adequate disclosure of potential impacts; and conserve public trust resources. DEPARTMENT OF FISH AND GAME TRUSTEE AND RESPONSIBLE AGENCY MISSION The mission of the Depatiment of Fish and Game (DPG) is to manage California's diverse wildlife and native plant resources, and the habitats upon which they depend, for their ecological valves and for their use and enjoyment by the public. DFG has jurisdiction over the conservation, protection, and management of wildlife, native plants, and habitat necessary to maintain biologically sustainable populations (Fish and Game Code §11302). OFG, as trustee agency under CECIA 05383, provides expertise in reviewing and commenting on envinanniental documents and makes protocols regarding potential negative impacts to those resources held in mist for the people of California. Caitlin species are in danger of extinction because their habitats have been severely reduced in acreage, are threatened with destruction or adverse modification, or because of a combination of these and other factors.. The California Endangered Species Act (CESA) provides additional protections for such species, including take prohibitions (Fish and Game Code §2030 at safe). As a responsible agency, OFG has the authority to issue permits for the take of species limed under CESA if the take Is incidental to an otherwise lawful activity; OFG has determined that the impacts of the take have been minimized and fully mitigated; and, the take would not jeopardize the continued existence of the species (Fish and Game Code Male Surveys are one of the preliminary steps to detect a listed or special status plant species or natural community that may be impacted signiecantly by a project. DEFINITIONS Botanical surveys provide information used to determine the potential environmental effects of proposed projects on all special status plants and nettinal communities as required by law (i.e., CEQA, CESA, and Federal Endangered Species Act (ESA)). Some key terms in this document appear in bold font for assistance in use of the document For the purposes of this document, special statue plants Include all plant species that meet one or more of the following oriteria3; 1 This document replaces the DPW document entitled "Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened and Endangered Flards.and Natural Communities! = vlicares.cagov/oegal 3 Adapted from the Cast Alameda Cuunry Conservation Strategy available at hk.://www.riu: v/ „ - m_n I'. 1,, 1, • Er up a . Survey Protocols Papal of 7 T-205 P.009/0I reee So-16°2010 0211pm From- ney.Lon RIO0V015 • Listed or proposed for listing as threatened or endangered under ESA or candidates for possible future sting as threatened or endangered under the ESA (50 CFR §1712). Listed s or candidates for listing by the State of California as threatened or endangered under CESA (Fish and Game Code §2050 at sag.). A species, subspecies, or variety of plant is endangered when the prospects of its survival and reproduction In the wild are In immediate jeopardy from one or more causes, including loss of habitat, change in habitat, aver-exploitation, predation, competition, disease, or other factors (Fish and Game Code §2082). A plant is threatened when It Is likely to become endangered in the foreseeable future in the absence of special protection and management measures (Fish and Game Code §2087). Listed as rare under the Calrfornia Native Plant Protection Act (Fish and (3arne Code §1900 et seq.). A plant is rare when, although not presently threatened with extinction, the species, subspecies, or variety found in such small numbers throughout its range that it may be endangered if its environment worsens (Fish and Game Code §1901), Meet the definition of rare or endangered under CEQA §15380(b) and (d). Species that may meet the definition of rare or endangered include the following: Species considered by the California Native Plant Society (GNPS) to be "rare, threatened or endangered In California" (Lists 1A, le and 2); Species that may warrant consideration on the basis of local significance or recent biological informations; Some species included on the California Natural Diversity Database's (CNDDB) Special Plants, Bryophytes, and Lichens List (California Department of Fish and Game 200Ek). Considered a locally significant species, that is, a species that is not rare from a statewide perspective but is rare or uncommon in a !Coal context such as within a county or region (CEQA §15125 (c)) of is so designated in local or regional plans, policies, or ordinances ((EQA Guidelines, Appendix G). Examples include a species at the outer limits of its known range or a species occurring on an uncommon soil type. Special status natural communities are communities that are of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects, These communities may or may not contain special status species or their habitat. The most current version of the Department's List of California Terrestrial Natural CommUnities7 indicates which natural communities are of special status given the current slate of the California classification. Most types of wetlands and riparian communities are considered special status natural communities due to their limited distribution In California. These natures communities often contain special status plants such as those described above. These protocols may be used In conjunction With protocols formulated by other agencies, for example, those developed by the U.S. Army Corps of Engineers to delineate jurisdictional wetlands' or by the U.S. Fish and Wildlife Service to survey for the presence of special status plants g. Refer to current online published lists available. at =16w ceg,g cla ' In general, GNPS List 3 plants (plants about which more Information Is needed) and List 4 planta (Onto of !linked distribution) may not warrant consideration under GEQA §16380. These plants may be Included on special statue plant gets such as those developed by counties where they :trowel be addressed under CECIA paste. Let 3 plants maybe analyzed under CECIA §15380 if sufficient information is available to assess potential impacts to such plants, Factors such as regional rarity vs. statewide rarity should be considered In determining whether cumulative impacts to a List 4 plant are significant even If individual project impacts are not tiot 3 and 4 gams are mei included In Ms California Natural Marshy Database's (ONDOS) Spacial Plants, Biyophytea end 1.1chimS List, Referto tne current online published list available at atattamegsiggyamegglaj Data on Lists 3 and dpt5nts should be Subrtiltted to ONDDS. Such data skis In determining or revising priority ranking. a Safaris current online pubriettad lists available at litteategzgkaggagloggia. htl • df ca. evils 0 f)._trl E The rare natural communities are asterisked on this Hat a hap:INewv.viatlands,com/regaillppolae,ntm g U.S. Fish and Wildlife Service Survey Guidelines available at h Aaunv ol no hare Survey Protocols Page 2 of 7 P. (110/016 r-404 ig Sep-16-2010 02:11m From' aion 003 / 01 BOTANICAL SURVEYS Conduct botanical surveys prior to the commencement of any activities that may modify vegetation, such as clearing, mowing, or graundasreaking activities. It is appropriate to conduct a botanical field survey whom: a Natural (or naturalized) vegetation occurs on the site, and it is unknown if special status plant species or natural communities oocur an the site, and the project has the potential for direct or Indirect effects on vegetation; or • Special status plants or natural communities have historically been identified on the project see; or • Special status plants or natural communities occur on sites with similar physical and biotogical properties as the project site. SURVEY OBJECTiVES Conduct field surveys in a mariner which maximizes the likelihood of locating special status plant species or apeeial status natural communities that may be present. Surveys should be floristic in nature. meaning that every plant taxon that occurs on site Is identified to the taxonomic level necessary to determine rarity and listing status. "Focused surveys" that are limited to habitats known to support spacial status species or are restricted to lists of likely potential species are not considered floristic in nature and are not adequate to identify all plant taxa on site to the level necessary to determine rarity and listing status. Include a list of plants and natural communities detected on the site for each botanic4 survey conducted. More than one field visit may be necessary to adequately capture the floristic diversity of a site. An indication of the prevalence (estimateq total numbers, percent cover, density, etc.) of the species and communities on the site is area useful to assess the significance of a particular population. SURVEY PREPARATION Before field surveys are conducted, compile relevant botanical information in the general project area to provide a regional context for the investigators. Consult the ONDOB" and BIOS" for known occurrences of special status plants and natural communities in the project area prior to field surveys. Generally, identify vegetation and habitat types potentially occurring in the project area based on biological and physical properties of the site and surrounding ecoregloria, unlesa a larger assessment area is appropriate. men, develop a list of spacial status plants with the potential to occur within these vegetation types. This list can Sante as a tool for the investigators and facilitate the use of reference sites; however, special status plants on-site might not be Melted to those on the list. Field surveys and subsequent reporting should be comprehensive and floristic in nature and not restricted to or focused only on this list. Include in the survey report the list of potential special status species and natural communities, and the list of references used to compile the background botanical information for the site. SURVEY EXTENT Surveys should be comprehensive over the entire site, including areas that will be directly or Indirectly impacted by the project. Adjoining properties should also be surveyed where direct or indirect project effects, such as those from fuel modification or herbicide application, could potentially extend offsite. Pre-project surveys restrieted to known CallaDB rare plant locations may not identify all special status plants and communities present and do not provide a sufficient level of information to determine potential impacts. FIELD SURVEY METHOD Conduct surveys using systematic field techniques in all habitats of the site to ensure thorough coverage of potential impact areas. The level of effort required per given area and habitat is dependent upon the vegetation and its overall diversity and structural oompieidty, which determines the distance at which plants can be identified. Conduct surveys by walking over the entire site to ensure thorough coverage, noting all plant taxa " Avallable at ti,M1.4kLcuL3 ___,Wbfeasedqta/coddb 11 ramthoww.biaa,stra.aa,goW 12 g.WAASal 102101 - '11' Callforela, available at ra'a t.___g___il_s_iggjmIcts/ cora ion / h Survey Pram:131s Page 3 of? ses.85 P.011/016 F-454 eseese , Z1010/015 Ses-16-20l0 02:11se From- observed. The level of effort should be sufficient to provide comprehensive reporting. For example, one personshour per eight acres per survey date is needed fore comprehensive field survey In grassland with Medium &seedy and moderate terrain", with additional time allocated for species identification, TIMING AND NUMBER OF VISITS Conduct surveys in the field at the time of year when species are both evident and identifiable. Usually this is during flowering or fruiting. Space visits throughout the growing season to accurately determine what plants exist on site. Many times this may involve multiple visits to the same site (ag, in early, mid, and late-season for flowering plants) to capture the floristic diversity at a level necessary to determine If special status plants are present'''. The timing and number of visits are determined by geographic location, the natural communities present, and the weather patterns of the year(s) in which the surveys are conducted. • REFERENCE SITES When speoial status plants are known to occur in the type(s) of habitat present in the project area, observe reference sites (nearby accessible occurrences of the plants) to determine whether those species are identifiable at the time of the survey and to obtain a visual image of the target special, associated habitat, end associated natural community. USE OF EXISTING SURVEYS For some sites. floristic inventories or special status plant surveys may already exist. Additional surveys may be necessary for the following reasons; • Surveys are not current"; or - Surveys were conducted in natural systems that commonly experience year to year fluctuations such as periods of drought or flooding (e.g. vernal pool habitats or riveters systems); or * Surveys are not comprehensive in nature; or fire history, land use, physical conditions of the site, or climatic conditions have changed mince the last survey was conducted"; or • Surveys were conducted in natural Systems Where special status plants may riot be observed if an annual above ground phase is not visible (e.g, flowers from a bulb); or e Changes in vegetation or species distebetion may have occurred since the last survey was conducted, due to habitat alteration, fluctuations in species abundance and/or seed bank dynamics. NEGATIVE SURVEYS Adverse conditions may prevent investigators from detemening the presence of or accurately identifying, some species in potential habitat of target species. Disease, drought, predation, or herbivory may preclude the presence or identification of target species in any given year. Discuss such conditions in the repave. The failure to locate a known Special status plant occurrence during one field season doss not constitute evidence that this plant occurrence no longer exists at this location, perticularly if adverse conditions are present. For example, surveys over a number of years may be necessary if the species is an annual plant having a persistent, long-lived seed bank and is known not to germinate every year. Visits to the site in more 13 Adapted from U.S. Fish and Wildlife Service Itit fox survey guidelines avalieble at . Isoca nteritsiefok no erotocapt 14 U.S. Fish end voiles service survey Guidellnee evellabIe et httpdAwAV,IVA.stIviaaorameritotes/protocothtm Habitats, such as grasslands or &Mart plant communities Mat have annual and short-lived perennial plants as major floristic components may require yearly purveys to eocunstoly document Isaaellne conditions for purposes rif Inland assessment In forested areas, however, stovers at intervals of rive years may adequately represent current conditions, For forested areas, refer to "Guidelines for Conservation of Sensitive Plant Resources Inattlin the Timber tianieet Review Procatie and Ouring Timber Harvesting Operations", available at ni.dagss. F62/11-1 anicalGoldellnea.ki(v..2004,,pdf US, Fish and Wilorife Service survey Guidelines SVOilsble at OV Wilda/ye italinvarstor(Bs. f Survey Prot:102;s Page 4 of 7 '7285 P.012/016 F-484 gui1/0 15 Soo -16 -201C 02:12om From- than one year increase the likelihood of detection of a special status plant especially if conditions change. To further substantiate negative findings for a known occurrence, a visit to a nearby reference site may ensure that the timing of the survey was appropriate. REPORTING AND DATA COLLECTION Adequate information about special status plants and natural communities present in a project area will enable reviewing agencies and the public to effectively assess potential impacts to special status plants or natural communities' and will guide the development of minimization and mitigation measures. The next section describes necessary information to assess impacts. For comprehensive, systematic surveys where no special status species or natural communities were found, reporting and data collection responsibilities for investigators remain as described below, excluding specific. occurrence Information. SPECIAL STATUS PLANT OR NATURAL COMMUNITY OBSERVATIONS Record the following information for locations of each special status plant or natural community detected during a field survey of a project site. • A detailed map (1:24,0e0 or larger) showing locations and boundaries of each special status species occurrence or natural community found as related to the proposed project. Mark occurrences end boundaries as accurately as posseele. Locations documented by use of global positioning system (GP) coordinates must include the datum" in which they were collected: • The site-specific characteristics of occurrences, such as associated species, habitat and microhabitst, structure of vegetation, topographic features, soil type, texture, and soil parent material. If the species is associated with a wetland, provide a description of the direction of flow and integrity of surface or subsurface hydrology and adjacent off-site hydrological influences as appropriate; • The number of Individuals in each special status plant population as counted (if population is small) or estimated (if population is large): • If applicable, information about the percentage of individuals in each life stage such as seedlings vs. reproductive individuals; • The number of individuals of the species per unit area, identifying areas of relatively high, medium and low density of the species over the project site; and • Digital images of the target species and representative habitats to support information and descriptions. FIELD SURVEY FORMS When a special status plant or natural community is located, complete and submit to the CNEIDE a California Native Species (or Community) Field Survey Form'° or equivalent written report, accompanied by a copy of the relevant portion of a 7.5 minute topographic map with the occurrence mapped. Present locations documented by use of GPS coordinates in map and digital form. Data submitted in digital form must include the datum n in which it was collected. If a potentially undescnbed special status natural community is found on the site, cittrolifnent it with a Rapid Assessment or Relieve fore and submit it with the CNIDDS foam VOUCHER COLLECTION Voucher specimens provide verifiable documentation of species presence and identification as well as a public record of conditions. This information is vital to all conservation efforts. Colleceion of voucher specimens should Refer to current online Published lists available etAhag.......lawatggosta. or Timber Harvest Plans (THPs) please refer to the "Guidehnes for Conservative of SensitIve Plant Resources Within the Timber Harvest Review Pnocass and During Timber Harvesting Operations", available at taltarligtamigottriumie2allegigtaniggrizaWsiu nos. f NADU, NA027 or W35B4 tit,:fArow,dfg.oe.trovitiloosobate NAM, NADV or W13584 hopAwrw.cifg.ca.goviblogeoriata/vegcamPAlell_PublIcefienS_Prelocele.esP Survey Protocols Page 5 of 7 Sep-16-2010 02:12pm From- be conducted In a manner that is consistent with conservation ethics, and is in accordance with applicable state and federal permit requirements (e.g. incidental take permit, scientific collection permit). Voucher collections of special stales species (or suspected special status species) should be Made only when such actions would not jeopardize the continued existence of the population or species. Deposit voucher specimens with an indexed regional herbarium no later than SO days after the collections have been made, Digital imagery can be used to supplement plant identification and document habitat. Record all relevant permittee names and permit numbers on specimen labels. A collecting permit is required prior to the collection of State-listed plant species". BOTANICAL SURVEY REPORTS Include reports of botanical field surveys containing the following information with project environmental documents: Project and site description A description of the proposed project; A detailed map of the project location and study area that identifies topographic and landscape features and includes a north arrow and bar scale; and, A written description of the biological getting, including vagetation 24 and structure of the vegetation; geological and hydrological characteristics; and lend use or management history. Detailed description of survey methodology and results Dates of field surveys (indicating which areas were surveyed on which dates), name of field investigator(s), and total person-hours spent on field surveys; A discussion of how the timing of the surveys affects the comprehensiveness of the survey, A list of potential special status species or natural communities: A description of the area surveyed relative to the project area; References cited, persons contacted, and herbaria visited; Description of reference site(s), if visited, and phenologlcal development of special status plant(s); A list of all taxa occurring on the project site. Identify plants to tee taxonomic level necessary to determine whether or not they are a special status species; Any use of existing surveys and a discussion of applicability to this project A discussion of the potential for a false negative survey; Provide detailed data and maps for all special plants detected. Information specified above under the headings °Special Status Plant or Natural Community Observations," and "Field Sumer Forms," should be provided for locations of each special status plant detected; Copies of all California Native Species Field Survey Forms or Natural Community Field Survey Forms should be sent to the CNDDB and included in the environmental document as an Appendix. It is not necessary to submit entire environmental documents to the CNDDB; and, The location of voucher specimens, if collected. For a complete list of indexed herbaria, see: HOlmgren, P., N. 1-lokrigren and L Barnet 1990. Index I-forbade:arm. Part 1: Herbert ofthe World, New York Botanic Garden, Bronx, New York. NB pp. Or.wun • tttga_tatzgagagigalbt= Ftefer to current online putilished this available at: tggl_kayld_ba.,o ad , A vegetation map that uses the National Vegetation Classilication System fhttod/blology.unorLocvinottunginvcisitunl), for example it Manual o f California Vegetation, and highlights any special status natural communities. If another vetjetstion classification system Is Used, the reportshould reference the system, provide the reason for its use. and provide a crosswalk to the National Vegetation CleSSIfication System, Survey Protocols Page 8 of 7 ,- -T-265 P.0141016 F-484 (gp., 1.aiv Sop-16-2010 02;12pm From- € Assessment of potential impacts • A discussion of the significance of special status plant populations in the project area considering nearby populations and total species distribution; • A discussion Of the significance of special status natural communities in the project area considering nearby occurrences and natural community distribution: A discussion of direct, indirect, and cumulative impacts to the plants and natural communities; A discussion of threats, including those from invasive species, to the plants and natural communities; A discussion of the degree of impact, if any, of the proposed Project on unoccupied, potential habitat of the species; A discussion ate immediacy of potential impacts: and, Recommended measures to avoid, minimize, or mitigate impacts. QUALIFICATIONS Botanical consultants should possess the following qualifications: a Knowledge of plant taxonomy and natural community ecology, a Familiarity with the plants of the area, including special status species; • Familiarity with natural communities of the area, Including special status natural communities; • Experience conducting floristic field surveys or experience with floristic surveys conducted under the direction of an experienced SUrveyor; • Familiarity with tne appropriate state and federal statutes related to plants and plant collecting; and, • Experience with analyzing impacts of development on native plant species and natural communities. SUGGESTED REFERENCES arbour, M., T. Keeler-Wolf, and A. A. Schoenherr (eds.), 2007. Terrestrial vegetation of California (3rd Edition). University of California Press. Bonham, C.D. 1988, Measurements forterrestrial vegetation. John Wiley and Sons, Inc., New York, NY. California Native Plant Society. Most recent version. Inventory of rare and endangered plants (online edition). California Native Plant Society, Sacramento. CA. Online OK httpelerww.cnps.org/inventory. California Natural Diversity Database. Most recent version. Special vascular plants, bryophytes and lichens list. Updated quarterly. Available at www.dfg.ca.gov. Elzines. CL. D.W. Selzer, and J. Willoughby. 1998, Measuring and monitoring plant populations. SLM Technical Reference 1730-1. U.S. Dept. of the Interior, Bureau of land Management, Denver, Colorado. Leppig, G. and J.W. White, 2008. Conservation of peripheral plant populations in California. Madrona 53;284-274. Mueller-Dombois, D. and 1-1. Ellanberg, 1974, Aims and methods of vegetation ecology. John Wiley and Sons, In,, New York, NY, U.S. Fish and Wildlife Service. 1996. Guidelines for conducting and reporting botanical inventories for federally listed plants on the Santa Rosa Plain. Sacramento, CA. U.S. Fish and Wildlife Service. 1996. Guidelines for conducting and reporting botanical inventories for federally listed, proposed and candidate plants. Sacramento, CA. Van der Maarel, E. 2005. Vegetation Ecology. Blackwell Science Ltd., Malden, MA. Survey Protocols Page 7 of 7 Sep-16-2010 0212m From- P.015/016 F-484 Sensitivity of Top Priority Rare Natural Communities in Southern California SensItivilz, rankings are Ileterminecl by the Department of Fish and Game, California NatirilT Diversity Data Base and based molter number of known ocourrences (locations) and/or amount of habitat remaining (acreage). Tin three rankings used for these top priority rare natural communities are as follow: SI F;WDF 1'411 6 known locations and/or on fewer than 2,000 BOMB of habitat reMaining, S2.4 00Curs in 6-20 known locations and/or 2,000-10,000 =Ms of habitotremaining. SL S Occurs in 2/-100-known locations and/or 1 0,000-50,000 =TES of habitat remaining. The number to The right of the decimal point after the ranking refers to The deg,tee at/want posed to that natural connaunity regaulless orthe ranking. For eXampie: sj S2,2 = threatened 53 pc_citrent jhreattloo.Bai Sensitivity Rankiugs (February 1992) Rank raTgratuthyilml S1.1 Mcdave Riparian Forest SC0301111 Cottonwood Willow Riparian Mesquite Bostitie Elephant Tree Woodland Cnicifoiitin Thom Woodland Allthorn Woodland Arizonan Woodland Southern California Walnut Forest Mainland Mery Forest Southern Bishop Fine Forest Torrey Pine Forest Desert Mountain White Fir Forest Southern Dune Scrub Southern Coastal Bluff Scrub Maritime Succulent Scrub Rivemidemi Alluvial Fan Sage Scrub Southern Maritime Chaparral Valley Neediegrass Grassland Great Basin Grassland jviajave Desert Grassland Pebble Plains Southani Sedge Bog Cismontane Alkali Marsh See-18-2010 02:13em From- ' 1-285 P.018/016 F-484 51.2 Southern Foredunes • Mono Pumice Flat Southern Interior Basalt Flow Vernal Pool 52.1 Ventutim Coastal Sage Scrub Diegat Coastal Sage Scrub Riversidean Upland Coastal Sage Seruh River dean Desert Sage Scrub Sagebrush Steppe Desert Sink Scrub - Mafia Southern Mixed Chaparral San Diego Mesa Hardpan Vernal Pool San Diego Mesa Claypao yernal Pool Alkali Meadow .southeni Coastal Salt Marsh Coastal Brackish Marsh Transmontane Alkali Marsh • Coastal and Valley Freshwater Marsh • Southern Arroyo Will Riparian Forest Southern Willow Saab Modoc-Great Basin Cottonwood Willow Riparian • Modoo.Cireat Basin Riparian Scrub Mojave Desert Wash Scrub Bagehmann Oak Woodland • Open Brigeltronm Oak Woodland Closed imgeIrnalin Oak Woodland Island Oak Woodland California Walnut Woodland Island Ironwood Forest Island Cheiry Forest Southern Interior Cypress Forest Bigctme Spruce-Canyon Oak Forest 52.2 Active Coastal Dunes Active Desert Dunes Stabilized and Partially Stabilized Desert Dunes Stabilized and Partially Stabilized Dosed Sandfield Mojave Mixed Steppe Transmontane Freshwater Marsh Coulter Pine Forest Southern California Fel15eld White Mountains FeUeld 52.3 Bristlecone Pine Forest Limber Pine Forest