Loading...
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. i !