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HomeMy WebLinkAbout3622; FARADAY ROAD EXTENSION; AMENDMENT TO BIOLOGICAL OPINION; 2005-01-04EL a FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92009 In Reply Refer To: FWSSDG-2S74.8 Colonel Alex Domstauder District Engineer U.S. Army Corps of Engineers, Los Angeles District Regulatory Branch - San Diego Field Office 16885 West Bernardo Drive, Suite 300A San Diego, California 92127 JAN Attn: Jeannette Baker, San Diego Office Re: Amendment to Biological Opinion on the Carlsbad. Oaks North Specific Plan (Corps File No. 200200641-RJL, FWS Log No 1-6-01-F-2874), City of Carlsbad. San Diego County,. California . Dear Colonel Dornstauder: The U.S. Fish and Wildlife Service (Service) received the U.S. Army Corps of Engineers (Corps) January 3, 2005, electronic mail request for an amendment to the above-referenced biological opinion.-for-the Carlsbad Oaks North Project. We issued the biologic4lppinipJ1 Decemb.r4,, 2003. This letter amends the biological opinion in response to the Corps' request, and incorporates additional project changes discussed in Helix Environmental Planning, Inc.'s (Helix) January 3, 2005, letter to the Corps and Service. The amendment to the biological opinion is needed to address changes to the coastal sage scrub restoration measures and the approval tiineframes related to the long term management plan, the property analysis record (PAR), and recordation of biological conservation easements (easements). The original biological opinion's conservation measures and terms and conditions required Service concurrence on a long term management plan, PAR, and easements to be recorded prior to the City's issuance of a grading permit The Service has agreed to amend the biological opinion to not require Service concurrence on a long term management plan, PAR and recordation of easements prior to the issuance of grading permit. In exchange, the project applicant will implement a more rigorous maintenance and monitoring plan for the 20.9-acre coastal sage scrub restoration on site that includes success criteria. The Service notes that although they are more rigorous than previously required by the biological opinion, the new requirements are less stringent than those typically required for similar projects. As stipulated by the project applicant, the amendments given below will be in effect only if clearing activities are initiated before Service concurrence with the long term managemerit plan, PAR, and recordation of easements. TAKE FRIDE'j INAM ERICA. 01/04/200517:47 FAX 7604315902 US FISH AND WILDLIFE 0003 Colonel Dornstauder (FWS-2874.8) 2 To address these project changes, the Service hereby amends biological opinion number 1-6-01- P.2874 as follows: Conservation Measure 1 is hereby-amended to'read: "Approximately 219.5 acres of wildlife habitat will be preserved on-site in perpetuity (Figure 1). P*ior to iocuthioo of grading permit, The applicant will ensure that long-term conservation of the on- and-off- site preservation areas will 'occur through biological conservation easements. The• biological conservation easements will be granted to the City with the Service and the Department as third-party beneficiaries, to ensure that the management of the biological resources is implemented. AJro prior to iivance of a grading permit,. The applicant will identify an appropriate natural larids management organization (subject to Service concurrence) to ensure conservation of biological resources on the on-site preserved habitat in perpetuity. The conservation 'organization will prepare a management plan, outlining actions that-will be taken to manage biological resources on-site. A Property Analysis Record (PAR) or similar' analysis will' be used to' estimate,initial start-up'costs, and ongoing annual cost, of management activities outlined in-'the plant A financial mechanism (e.g., a non-wasting endowment) will be established by the applicant to ensure that the funding is available to implement the management plan. The-applicant will' provide a draft long-term management plan. PAR, and biological conservation easements to the Service for approval by February 28,,2005 The applicant.will provided responses within 30 days of receiving Service cOmments, on these documents; and finalize the'dOcuments (including recordatiOri of the easements) within 30'days of'receiving the Service's final comments. Conservation Measure 6 is hereby amended to read: 'e areasofon-flaÜvè grassland on the slopes on the south side of the Specific Plan Area contain approximately 20.9. acres suitable for revegetation. These suitable areas will be revegetated with coastal sage scrub. Vegetative debris and'the first six inches of topsoil (duff) will be collected from areas Of coastal sage scrub that will be impacted by development on Carlsbad Oaks North. This collected material will be distributed on the revegetation areas. Duff application areas will be disced prior to application, and the duff will be spread over the revegetation area to a depth of approximately three inches, or as appropriate based on best available technology, and subject to approval by the Service. Application of duff is expected to accelerate the development of native vegetation on these areas. A,, revegetation plan, including site preparation, supplemental planting and/or seeding, -' irrigation specifications, and weed control measures, will be prepared, for review and concurrence by the Service. Revegetation plan activities will include, at minimum,' monthly weeding November-May, and weeding as appropriate (when growth is stimulated by unseasonable conditions, or when previously missed weeds remain during summer months) June - October fOr the first 3 years, and quarterly for an additional 2 years. The weeding program will include an aggressive effort to remove species which would delay coastal sage scrub development (e.g., fennel [Foeniculum vulgare], artichoke thistle [Cynara carduiwulus], barley [Flordeu,n spp], mustard [Brassica nigra], star- Colonel Dornstauder (FWS-2874.8) 3 thistle [Centaurea spp.], pampas grass, or dense 'grass.cover). If the Service does not submit comments on the plan within 60 days of receipt thereof, the plan will be implemented as written. S following:' '('1). native vegetation; (2).natve shrub cover; (3) native herbáceous cover S, and (4) non-native vegetation. Assessments shall" be"cbnduàted in Years. 3. 4. and 5. The following success criteriashall' apply: Year 3 Year 4 Year 5 Total Native Cover 30% 35% .40% Native Shrub Cover 25% 30% 35% Native Herbaceous Cover 10% 15% 20% Total Non-native Cover 15% 12% 10% No perennial weedy species on the Cal-IPC list of noxious weeds shall I photographic documentation of the entiie restoration area and the 10 monitoring, sites, will be prepared and submitted to the Service by. December 1 of each year for a'mmimum of five years'. If success criteria' are notffiet, the Service shall work withthe ai",liesnt in detenig appropriate rethdial measures- for achieving success' criteria." 3. Term and Condition 1(c) is hereby by amended to ftad, "Conservation measure 3(e). shall be modified such that tho natural lands management organ1ation, managemnnt plan, and PAR analysis shalt be ttibjoot to Servieeapproval prior to issuanee of'a rading.perrnit a grading permit may be issued prior to Service approval of the natural lands management organization, management plan.and PAR'analysis." '4. Term and Condition 2(a) is hereby amended to read, "Conservation measure. 3 shall be modified such that conservation of he Q4.95 aoroo of wildlife habitat to be, conserve-elf- site will occur pnor to issuance of a grading permit by the City—a grading permit may be .JA VVILtLLLI% ILUI/ILL LLP U% tUAMVIVQU VIA - site." 5. Term and Condition 2(b) is hereby amended to read, "Conservation measure 6 shall be modified such that Service ooncurre.ioo with the revoectation olan shall be reouirad orior Service concurrence a grading permit may be issued prior to Service concurrence with the revegetaton plan."