HomeMy WebLinkAboutHDP 02-10; Dunn Residence; Hillside Development Permit (HDP) (17)U.S. Fish and Wildlife Service
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Road
Carlsbad, California 92009
CA Dept. of Fish & Game
South Coast Regional Office
4949 Viewridge Avenue
San Diego, California 92123
(760) 43 1-9440 (858) 467-4201
FAX (760) 431-5902 + 9618 FAX (858) 467-4299
In Reply Refer To:
DEC 2 Z 2003 FWS-SDG-3806.1
Ms. Anne Hysong
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Comments on the Draft Mitigated Negative Declaration for the Dunn Residence in the
City of Carlsbad, San Diego County, California (TM 03-082; SCH# 20035549R5)
Dear Ms. Hysong:
The California Department of Fish and Game (Department) and the U.S. Fish and Wildlife
Service (Service) (collectively, "Wildlife Agencies") have reviewed the above-referenced draft
Mitigated Negative Declaration (MND) dated November 24, 2003, received by the Wildlife
Agencies on December 3,2003. The Wildlife Agencies have identified our concerns regarding
the potential effects of this project on biological resources and regional conservation planning.
The comments provided herein are based on the information provided in the draft MND; the
Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego
County (County); and our participation in regional conservation planning efforts. We offer our
recommendations and comments to assist the City of Carlsbad (City) in minimizing and
mitigating future project impacts to biological resources on the Dunn residential construction
site.
The primary concern and mandate of the Service is the protection of public fish and wildlife
resources and their habitats. The Service has legal responsibility for the welfare of migratory .
birds, anadromous fish, and endangered animals and plants occurring in the United States. The
Service is also responsible for administering the Endangered Species Act of 1973, as amended
(Act) (16 U.S.C. 1531 et seq.). The Department is a Trustee Agency and a Responsible Agency
pursuant to the California Environmental Quality Act (CEQA) and is responsible for ensuring
appropriate conservation of fish and wildlife resources including rare, threatened, and
endangered plant and animal species, pursuant to the California Endangered Species Act. The
Department also administers the Natural Community Conservation Planning program (NCCP).
The City is participating in the NCCP program by preparing a Multiple Habitat Conservation
Program (MHCP) Subarea Plan that is currently in draft form.
Ms. Anne Hysong (FWS-SDG-3806.1) 2
The 2.6-acre site is located at the northern terminus of Highland Drive between Marron Road and
Yourell Avenue. The project proposes to build a 3,500 square foot single-family residence,
1,800 square foot garage/workshop, and 640 square foot second dwelling unit above the garage.
The site is completely surrounded by vacant open space with the exception of a residential area to
the southeast. Buena Vista lagoon is located approximately 250 feet northeast of the western
portion of the project site. The parcel is located on north trending, mostly steep, sandstone bluffs
and cliff faces. The proposed project area occurs within the planning area for the draft Carlsbad
Subarea Habitat Management Plan (HMP). The HMF categorizes this site as occurring within
Standards Area Zone 1 and Core Area 1 of the Focused Planning Area. According to the May
13, 2002 biological letter report, the project site is comprised of coastal sage scrub, very
disturbed coastal sage scrub/chaparral mix, eucalyptus woodland, ruderal vegetation, disturbed
habitat, and arundo. Sensitive species observed on site include red-tailed hawk (Buteo
jamaicensis) and turkey vulture (Cathartes aura). Protocol surveys for the coastal California
gnatcatcher (Polioptila califomica califomica; gnatcatcher) were not conducted.
According to the MND, the structures will be built within the ruderal habitat and a 60-foot fire
management zone around the structures will impact 0.04 acre of very disturbed coastal sage
scrub/chaparral mix that is not capable of supporting the gnatcatcher. Impacts to the very
disturbed coastal sage scrub/chapmal mix are proposed to be permitted through a de minimus
habitat loss permit exemption and mitigated by the purchase of 0.08 acre of coastal sage scrub
habitat in a mitigation bank acceptable to the City or the on-site restoration of 0.08 acre of
coastal sage scrub/chaparral mix through hydroseeding with a native coastal sage scrub plant mix
that will be monitored by the project biologist for one year to ensure success.
We offer the following recommendations and comments to assist the City in minimizing and
mitigating project impacts to biological resources on the Dunn residential construction site, and
to assure that the project is consistent with on-going regional habitat conservation planning
efforts.
1. For the Wildlife Agencies to concur that use of the de minimus habitat loss permit
exemption is appropriate, the City must demonstrate that the following findings can be
made: (1) the project occurs in low or medium value coastal sage scrub; (2) the project
will not preclude preserve design; (3) project impacts are less than 1 .O acre of coastal sage
scrub habitat; (4) no gnatcatchers will be impacted by the project; and (5) impacts to
coastal sage scrub will be appropriately mitigated. In order to make these findings, we
recommend the following:
a. The quality of the coastal sage scrub on site should be evaluated using the
flowchart in the NCCP Conservation Guidelines.
b. Coastal sage scrub occurs to the north and west of the project site (Carlsbad HMP,
Figure 3) and gnatcatchers have been documented nearby (MHCP Volume II).
Ms. Anne Hysong (FWS-SDG-3806.1) 3
2.
3.
4.
5.
Therefore, in order to determine if gnatcatchers will be impacted by the project,
we require updated protocol-level surveys.
c. To ensure that impacts to coastal sage scrub will be appropriately mitigated, we
recommend: 1) the purchase of 0.08 acre of coastal sage scrub habitat (2: 1 ratio)
in a mitigation bank acceptable to the Wildlife Agencies or; 2) on site restoration
of disturbed coastal sage scrubkhaparral at a 3: 1 ratio. Prior to clearing and
grading, a Wildlife Agency-approved restoration plan should be prepared by
someone with expertise in southern California ecosystems and native plant
revegetation techniques. The plan should include, at a minimum: (a) the location
of the mitigation site; (b) the plant species to be used; (c) a schematic depicting
the mitigation area; (d) time of year that planting will occur; (e) a description of
the irrigation methodology; (f) measures to control exotic vegetation on site; (g)
success criteria; (h) a detailed monitoring program; (i) contingency measures
should the success criteria not be met; and (i) identification of the entity(ies) that
will guarantee achieving the success criteria and provide for conservation of the
mitigation site in perpetuity.
We concur that the applicant, to avoid having to do protocol surveys, can assume that the
project site is gnatcatcher-occupied, mitigate at a 2: 1 ratio, and acquire a habitat loss
permit through the City to permit the proposed loss of coastal sage scrub.
The proposed 60 foot fire buffer is a reduction from the standard 100 foot fire clearance
in the Memorandum of Understanding with the local fire marshal. We request
confirmation from the local fire marshal that the proposed design meets current safety
standards and that future fuel modification will not be necessary in the remaining coastal
sage scrubkhaparral on,site.
The vegetative classification of ruderal habitat is not consistent with the Multiple Habitat
Conservation Program (MHCP). Appendix F, page F-3, states that the MHCP will no
longer use ruderal as a vegetation community type. In place of this community type, the
MHCP indicates that these habitats would mostly be defined as annual grassland,
disturbed lands, and/or agricultural lands. The vegetative community should be re-
evaluated and the proper classification made (see Sawyer and Keeler-Wolf, 1995). If
annual grasslands are identified on site, we recommend that impacts be mitigated off site
at a 0.5: 1 ratio within a mitigation bank approved by the Wildlife Agencies.
The breeding season for nesting birds occurs approximately February 15 through
August 3 1; however, raptors may begin breeding as early as January. Several bird species
may nest in the habitat on site. If construction is planned during the bird breeding season,
we recommend that the vegetation be cleared prior to the breeding season. Additionally,
if construction occurs during raptor breeding season (approximately February 1 to
August 30, or July 3 1 for Buteo spp.), a qualified biologist should conduct a pre-
construction survey of the project site and surrounding habitat to determine whether there
Ms. Arne H~so~ (FwS-e,/G3806.1)
are active raptor nests within that area. lf an active ncst is obscryed, we recommend that
a buffer be established between the construction activities and the nest so that nesting
activities are not interrupted. The bufk should be a minimum of5OO feet and should be
in effect as long as construction is occurring and Until the nest is no longer active.
6. The Wildlife Agencies recommend the use of native plants to the greatest extent feasible
in the landscape arcas on site. Landscaping should avoid planting, seeding, or otherwise
introducing invasive exotic plant species. Exotic plant species not to be used include
those species listed on Lists A&B of the California Pest Plant Council's list of '%Exotic
Pest Plants of Gratest Ecological Concern in California as of October 1999." A copy of
the complete list can be obtained on the web site of the California Exotic Pcst Council at
htEo://www.calmc.orE
7. In order to reduce the potential for indirect effccts fbm the proposed project, WE
recommend that all outdoor lighting bc shielded and directed away from the remaining
coastal sage scrub/chaparral habitat on site.
If you havc any questions mncdng the contents ofthis letter, please contact Nancy Frost
(IDcpartment) at 858-637-551 1 or Kurt Roblek (Service) at 760-431-9440.
Therese O'Rourke
Assistant Field Supwisor
U.S. Fish and Wildlife Sex7rice
cc; State Clearinghouse
Literature Cited
Sincerely, 1
William E. Tippedu
Wuty Regional Manager
California Department of Fish and Game
Sawyer, John O., and Todd Kecler-Wolf. 1d95. A Manual of California Vegetation- California
~ativc Plant Society, Sacmnerjto, California 471 pp.
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