HomeMy WebLinkAbout; Multiple Habitat Conservation Program (MHCP); Habitat Management Plan - Carlsbad Subarea Plan Findings Permit Issuance; 2004-11-16Subregional MHCP and Carlsbad Subarea Plan Findings 1
FINDINGS AND RECOMMENDATIONS
FOR THE ISSUANCE OF SECTION lO(a)(l)(B)
INCIDENTAL TAKE PERMIT
TO THE CITY OF CARLSBAD, BASED ON THEIR SUBAREA PLAN,
ASSOCIATED WITH THE
MULTIPLE HABITAT CONSERVATION PROGRAM (MHCP)
The U.S. Fish and Wildlife Service (Service) presents herein its analysis and Statement of
Findings regarding whether the Multiple Habitat Conservation Program (MHCP) Subregional
Plan and the City of Carlsbad Subarea Plan [Habitat Management Plan (HMP)] meet the
incidental take permit issuance criteria described in section 1 O(a)(2)(B) of the Endangered
Species Act of 1973, as amended (Act), and whether the MHCP Plan and the Subarea Plan are
consistent with the State of California’s Natural Community Conservation Planning Act of 1991
(NCCP Act). Each remaining subarea plan will be analyzed in a separate Statement of Findings,
at the time each participating entity submits its permit application, final subarea plan, and
Implementing Agreement (IA).
The Service proposes to issue an incidental take permit to the City of Carlsbad (City) and to sign
an IA that commits the City to fund and implement provisions of the MHCP Subregional Plan
and the HMP. The effects of the Service issuing the lO(a)(l)(B) permit and entering into the IA,
which will result in the City’s implementation of the Subarea Plan, are analyzed in the Carlsbad
Biological Opinion. The findings herein are based upon information and analyses contained in
the MHCP Plan (Volumes 1,2, and 3), City of Carlsbad Subarea Plan, City of Carlsbad IA, Final
Environmental Impact Statement/Environmental Impact Report (EIS/EIR) by the Service and
SANDAG (Volumes 1 and 2), and Carlsbad Biological and Conference Opinion. These
documents, in their entirety, are hereby incorporated by reference.
I.
A. Introduction
DESCRIPTION OF THE PROPOSED ACTION
In accordance with the Special Rule Concerning Take of the Threatened coastal California
gnatcatcher (58 FR 65088), the Service proposes to concur that the HMP meets the standards set
forth in 50 CFR 17.32(b)(2), pursuant to the provisions of the Memorandum of Understanding,
dated December 4,1991 , between the California Department of Fish and Game (Department) and
the Service regarding coastal sage scrub natural community conservation planning in southern
California. The Service also proposes to issue an incidental take permit to the City for up to 43
listed, proposed, and sensitive species (covered species) and to sign an implementing agreement
that commits the City to fund and implement provisions of the MHCP Subregional Plan and the
City’s HMP.
The San Diego Association of Governments (SANDAG) has created, with the Service and the
Cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Vista, and Solana Beach, a
Subregional MHCP and Carlsbad Subarea Plan Findings 2
habitat conservation plan (MHCP). In support of its section 1 O(a)( 1)(B) permit application, and
as required by section lO(a)(2)(A) of the Act, the City of Carlsbad has submitted to the Service
their Subarea Plan (HMP) under the MHCP plan, and an IA. The MHCP involves planning at
two general levels:
1. MHCP: The action area encompasses the MHCP “planning area” as defined in Volume 1
of the MHCP; the planning area includes the 175-square-mile area in Northern San Diego
County encompassing the following local jurisdictions: (1) the Cities of Carlsbad,
Encinitas, Escondido, Oceanside, San Marcos, Vista, and Solana Beach; and (2) the
unincorporated gnatcatcher core area as depicted in Figure 3-3 of the MHCP (Volume 1)
and including the Choumas-Pappas property. All other County lands are excluded. The
MHCP Subregional Plan is intended to provide guidelines for development of detailed
subarea plans by local government entities. Provided with the MHCP is a biological
analysis of species proposed for coverage (MHCP Volume 2) and a biological monitoring
and management plan (MHCP Volume 3). All seven cities make up the MHCP,
however, they stand independent in terms of permit issuance.
2. HMP: All areas incorporated within the City of Carlsbad’s jurisdiction and the
unincorporated gnatcatcher core area as depicted in Figure 3-3 of the MHCP (Volume 1)
and including the Choumas-Pappas property. All other County lands are excluded.
The City of Carlsbad (Applicant) has applied to the Service for a 50-year incidental take permit,
pursuant to section lO(a)(l)(B) of the Act. The issuance of a permit to the City is independent of
the other cities draft subarea plans. As part of its application the City submitted the Carlsbad
Habitat Management Plan as the City‘s Subarea Plan, which implements the MHCP in areas
within the City’s jurisdiction. The proposed permit would cover the species in Tables 1,2, and 3.
Within these tables are 9 animal species federally listed as either threatened or endangered and
12 currently unlisted animal species of concern. Of the 21 covered animal species, 6 of the
species’ are included on the permit, in recognition of the conservation benefits provided under
the Subarea Plan, however no take is authorized. The permit includes 9 listed plant species, the
take of which is not prohibited under the Act, which are covered under the proposed permit in
recognition of the conservation benefits provided to these listed species under the Subarea Plan.
Additionally, 13 unlisted plant species are protected under the Subarea Plan. All of the Covered
species in Table 1, whether listed or not, would receive assurances under the Service’s “NO
Surprises” rule subsequent to permit issuance and the reinstatement or revision of the rule
pursuant to the June 10,2004, order in Spirit of the Sage Council v. Norton, Civil Action No. 98-
1873 (D.D.C). All of the Covered species in Tables 2 and 3, whether listed or not, would receive
assurances under the Service’s “No Surprises” rule when reinstated or revised concurrent with a
determination that the conditions of coverage for each species has been met in writing by the
Service and Department. Tables 1,2, and 3 herein correspond directly with Tables 1,2, and 3 of
‘These six species are California brown pelican, American peregrine falcon, light-footed clapper rail,
western snowy plover, elegant tern, and California least tern.
Subregional MHCP and Carlsbad Subarea Plan Findings
Scientific Name Common Name
3
Status* MHCP
Subregional
Plan Vol. 11
Page Ref
the Service’s Biological and Conference Opinion, dated October 9,2004 (1 -6-00-FWS-847.4),
which analyzes the issuance of the permit, and Tables 1,2, and 3 of the Implementing
Agreement. The tables in the HMP are outdated, however, the City will insert Tables 1 , 2, and 3
into the City’s Subarea Plan once the Permit is issued. The format for these tables has generally
been maintained among the documents for consistency.
Dudleya blochmaniae ssp.
blochmaniae
Euphorbia misera
Blochman’s dudleya FSC 4-74
Cliff spurge None 4-101
I I I -
Plants
Hazardia orcuttii
Ouercus dumosa
I Chorizanthe orcuttiana I Orcutt’s spineflower I FE/CE/NE I 4-56 I
Orcutt’s hazardia FSC/NE/CT 4-1 11
Nuttall’s scrub oak FSC 4-159 I I I I
Invertebrates
i
Panoquina errans
Euphyes vestris harbisoni
Salt marsh slupper FSC/OW 4-202
Harbison’s dun skipper FSC/NE 4-196
Pelecanus occidentalis californicus
Plegadis chihi
.- .. I I I
Birds
I I California brown pelican
White-faced ibis
Accipiter cooperii
Pandion haliaetus
Cooper’s hawk
Osprey
Falco peregrinus anatum
Rallus longirostris levipes I Charadrius alexandrinus nivosus I Western snowy plover
American peregrine falcon
Light-footed clapper rail
Sterna elegans
Sterna antillarum browni
Empidonax traillii extimus
Elegant tern
California least tern
Southwestern willow flycatcher
FE/CE/FP/O W
Vireo bellii pusillus
Polioptila californica californica
~~
FSC/SSC/OW
Least Bell’s vireo
Coastal California gnatcatcher
ssc
ssc/ow
CE/FP
FE/CE/FP/OW
FT/SSC/OW
FSC/SSC/OW
FE/CE/FP
FE/CE/OW
1 FE/CE/OW
1 FT/SSC
4-25 1 I I
4-264
4-299
4-3 14
4-321 I
4-333 I
* See the “Key to Legal and Management Status” that follows List 4.
Subregional MHCP and Carlsbad Subarea Plan Findings 4
Passerculus sandwichensis beldingi
Passerculus sanwichensis rostratus
Icteria virens I Yellow-breasted chat I ssc/ow 4-360
Belding's savannah sparrow FSC/CE/OW 4-37 1
Large-billed savannah sparrow FSC/SSC/OW 4-377
I Aimophila ruficeps canescens 1 California rufous-crowned sparrow I FSC/SSC I 4-366 I
Scientific Name Common Name Status' MHCP
Subregional Plan
Vol I1 Page Ref
Cnemidophorus hyperythrus
beldingi
Acanthomintha ilicifolia
Ambrosia pumila
Ceanothus verrucosus
DudIeya viscida
Ferocactus viridescens
Quercus engelmannii
Orange-throated whiptail I
San Diego thornmint? FT/CE/NE 4-9
San Diego ambrosia FENE 4-16
Wart-stemmed ceanothus2 FSC 4-50
Sticky dudleya FSC 4-89
San Diego barrel cactus FSC 4- 106
Engelmann oak None 4- 165
I ssc
Scientific Name
I 4-245
Common Name Status' MHCP
Subregional Plan
Vol I1 Page Ref
Arctostaphylos glandulosa ssp.
crassifolia
Baccharis vanessae
Brodiaea Jilifolia
I I I I
Plants
Del Mar manzanita FE/NE 4-26
Encinitas baccharis FT/CE/NE 4-32
Thread-leaved brodiaea FT/CE/NE 4-37
Comarostaphylis diversifolia ssp.
diversifolia
Summer holly
I I - I I: I
PlsBtS
I I I I
1 FSC 1 4-63
1 CorethrogynefilaginijXa var. I Del Mar sand aster I FSC/NE 1 4-68
San Diego button-cele$ Eryngium aristulatum var.
parishii
FE/CE/NE/OW 4-94
Myosurus minimus ssp. apus
Navarretia fossalis
Orcuttia californica
Pinus torreyana ssp. torreyana
Iva hayesiana I San Diego marsh elder4 I FSC I 4-116 I
~~ ~~
Little mousetai13 F SC/NE/OW 4-133
Spreading navarretia3 FT/NE/OW 4-140
California Orcutt grass3 FE/CE/NE/OW 4-147
Torrey pine FSC 4-154
Branchinecta sandiegonensis
I
Invertebrates
I I I I
San Diego fairy shrimp3 FE/NE/O W 4-184
Streptocephalus woottoni I Riverside fairy shrimp3 I FE/NE/OW I 4-178 I
Scientific Name Common Name Status MHCP
Subregional Plan
Vol. I1 Page Ref. i I I I
Plants
Lotus nuttallianus
Tetracoccus dioicus
I Dudleya blochmaniae ssp. brevifolia I Short-leaved dudleya I CE/NE I 4-80 I
Nuttall’s lotus FSC/NE 4- 122
Parry’s Tetracoccus FSC 4- 170
Bufo californicus
Clemmys marmorata pallida
I I I
Invertebrates
I I I
Arroyo toad FE/SSC 4-222
Southwestern pond turtle FSC/SSC 4-233
I Euphydryas editha quino I Quino checkerspot butterfly I FE I 4-211 I
Sialia mexicana
Reptiles and Amphibians
Western bluebird None 4-355
I Scaphiopus (Spea) hammondii I Western spadefoot toad I ssc I 4-215 I
I Phrynosoma coronatum blainvillei I San Diego homed lizard I FSC/SSC I 4-238 I I - I I
Birds
I I I I Aquila chrysaetos I Golden eagle I BEPNSSC I 4-274 I I Campylorhynchus brunneicapillus I Coastal cactus wren I I FSC/SSC/NE I 4-328
Subregional MHCP and Carlsbad Subarea Plan Findings 6
Perognathus longimembris paclficus
Chaetodipus fallax fallax
Amphispiza belli belli I Bell’s sage sparrow I FSC/SSC I 4-380
Pacific pocket mouse FE/SSC/NE 4-407
Northwestern San Diego pocket mouse FSC/SSC 4-4 16
I
Mammals
Lepus californicus bennetti
Felis concolor
Dipodomys stephensi I Stephens’ kangaroo rat I FEET 1 4-401
San Diego black-tailed jackrabbit FSC/SSC 4-42 1
Mountain lion SPM 4-425
~~ ~~
Odocoileus hemionus fuliginata Southern mule deer RGS 4-43 1
FE
FT
BEPA
FSC
CE
CT
FP
RGS ow
NE
Federally Endangered
Federally Threatened
Bald Eagle Protection Act
Federal Species of Concern (former Category 2 Candidate)
State Endangered
State Threatened SPM State Special Protected Mammal
State Fully Protected species SSC State Species of Special Concern
State Regulated Game Species No Federal, State, or City Status
Obligate Wetland Species in the MHCP
Narrow Endemic Species in the MHCP (Narrow Endemic standards apply to all proposed hardline, standards areas, etc. as
described in section 3.7 of MHCP Volume 1 (March 2003)
None
The proposed incidental take permit would “cover” the species listed in Tables 1 through 3
above. All the species listed in Tables 1 through 3 occur, or have the potential to occur, within
the action area during the permit period, and may be adversely affected by the action.
Table 1 consists of species for which the City will have Wand alone” coverage; that is, the City
will have take authorization for the animal species for which take is expected, as described in the
species evaluation section for each species, regardless of the participation or continued
participation of any other MHCP “Participating Jurisdiction”. Please note, the HMP will not
result in take of all animals species. Some species are protected from take using both the Federal
and State definitions due to the conditions of coverage for certain species in the MHCP. Most of
these species are also State fully protected species for which take under State law is not
permitable.
In contrast, the City of Carlsbad will not receive coverage for the species listed in Table 2 until
other MHCP Participating Jurisdictions obtain coverage for these species through an existing,
legally operative incidental take permit. In the event that one of the other Participating
Jurisdictions’ permits is no longer legally operative, then the coverage of the species in Table 2
accorded to the City of Carlsbad would cease. There are two species in Table 2 which also
require the City to commit additional funding to ensure management and monitoring activities
occur for this species throughout the City. Thus, even if the respective other Participating
Jurisdiction receives an operative legal incidental take permit, the City will not receive coverage
for these two species until sufficient funds are provided to manage and monitor these two
species.
Subregional MHCP and Carlsbad Subarea Plan Findings 7
While the species listed in Table 2 are addressed in Carlsbad’s HMP, they will be addressed
through the other Participating Jurisdictions’ Subarea Plans once approved and will benefit from
the Carlsbad Subarea Plan. Table 2 species will benefit from the Carlsbad Subarea Plan’s
contribution to the system of complementary and interlinked preserves created under the MHCP.
For this reason, they will be included as Covered Species under the City’s Subarea Plan and
incidental take coverage will be accorded to Carlsbad once the respective other Cities receive
incidental take permits for their subarea plans. Thus, development that would adversely affect
any of the species in Table 2 could not be permitted under Carlsbad’s HMP until such coverage is
received by the City. The process for initiating coverage for species in Table 2 requires the City
to submit in writing a request for coverage, including documentation of compliance with the
necessary conditions of legally operative permits by other Participating Jurisdictions, funding
assurances, and/or legal access and control. Coverage for these species shall not become
effective until such time as both the Service and California Department of Fish and Game concur
in writing that these conditions have been satisfied.
The species listed in Table 3 will become Covered Species once the City has adequate funding
and legal access to manage and monitor these species consistent with the requirements of the
MHCP (see Volume 3). There are six species in Table 3 that also require the City to ensure the
vernal pools located adjacent to the Poinsettia Train Station in Carlsbad are protected, managed,
and monitored before coverage for these species would be received. Thus, even if additional
fimds are available for management and monitoring of these species, the City will not receive
coverage for these species until the City can ensure access and management of these pools. In
addition, there is one species in Table 3 that also requires other Participating Jurisdictions to
receive an operative legal incidental take permit, in addition to the City needing additional funds,
for the City to receive coverage for this species. This scenario is no different than some of the
species in Table 2. Thus, once again, development that would adversely affect any of the species
in Table 3 could not be permitted under Carlsbad’s HMP until such coverage is received by the
City. The process for initiating coverage for species in Table 2 requires the City to submit in
writing a request for coverage, including documentation of compliance with the necessary
conditions of legally operative permits by other Participating Jurisdictions, funding assurances,
and/or legal access and control. Coverage for these species shall not become effective until such
time as both the Service and California Department of Fish and Game concur in writing that
these conditions have been satisfied.
The City will not receive coverage for the species listed in Table 4. However, these species will
be analyzed in this Opinion because they are proposed for coverage under the MHCP and were
fully analyzed in MHCP (Volume 2) and the EIS. Thus, we will analyze the MHCP’s effect on
these species and whether permitting the City’s HMP will violate section 7(a)(2) of the Act. The
following species listed in Table 4 are federally listed: arroyo toad, quino checkerspot butterfly,
Stephens’ kangaroo rat, and Pacific pocket mouse. These species were evaluated for coverage
under the MHCP (see Table 4). None of these species are expected to occur within the HMP
area and the City has not committed to adopting the measures necessary to receive such coverage.
Therefore, these species are not likely to be adversely affected by the issuance of an incidental
Subregional MHCP and Carlsbad Subarea Plan Findings 8
take permit to the City. The other 14 species on Table 4 are not federally listed. All of these
species either occur or have the potential to occur in the City. Even though the City is not
requesting coverage for these species, the MHCP provides for any of the other participating cities
to potentially receive coverage for each of these species if additional measures as described in
Volume 2 of the MHCP were adopted. On that basis, the effects of the MHCP on these species
will be analyzed herein.
The Service has determined that activities within the City of Carlsbad, conducted in compliance
with the MHCP Subregional Plan, the City's Subarea Plan and incidental take permit, are not
likely to jeopardize the species identified in Tables 1,2, 3, and 4. Each of the wildlife and plant
species identified in Tables 1,2, and 3 will be included in the section lO(a)(l)(B) permit. The
incidental take authorization' is effective, upon issuance, for all currently listed animal species in
Table 1 and the permit will become effective to authorize the incidental take2 of non-listed
animal Covered species in Tables 1,2, and 3 (subject to any conditions of coverage described in
Tables 2, and 3) concurrently with the species' listing. In the MHCP Plan, these sensitive species
are treated as if they were listed, and are likewise treated by the Service for the purposes of its
Biological and Conference Opinion.
B. Background
The MHCP began with the formation of a consortium of local, regional, and special purpose
agencies in 1991 to exchange information on land planning issues and to coordinate preparation
of local conservation plans. This North County Wildlife Forum (NCWF), with the assistance and
sponsorship of SANDAG, developed a scope of work to prepare an MHCP plan for an area of
approximately 1,029 square miles. Since that time, the planning area has been reduced as
various jurisdictions have withdrawn from the MHCP to prepare independent plans. The seven
incorporated jurisdictions that remain in the MHCP planning area continued the planning
process, in cooperation with adjoining jurisdictions. In 1995, the Service and the California
Department of Fish and Game, declared that this reduced seven-city study area comprised a
functional subregional planning area under the NCCP Act. The overall goal of the MHCP is to
maintain biodiversity and ecosystem health in the regional while maintaining quality of life and
economic growth opportunities.
The State of California began formally advocating regional, multi-species conservation planning
in 1991 with passage of the NCCP Act. The NCCP program was established to conserve
populations of multiple California native animal and plant species, and their habitats, in areas
large enough to ensure their long-term viability. The Coastal Sage Scrub NCCP was the first
'Excluding California brown pelican, least tern, western snowy plover, and light-footed clapper rail,
because no take is authorized, although the species are listed on the permit.
'Excluding American peregrine falcon and elegant tern, because no take is authorized, although the species
are listed on the permit.
Subregional MHCP and Carlsbad Subarea Plan Findings 9
planning effort to be initiated under the NCCP Act, as a pilot project to serve as a model for
developing accelerated regional conservation planning processes elsewhere in the state. The
Coastal Sage Scrub NCCP Process Guidelines state that NCCP plans are intended to meet the
requirements of both State Management Authorizations and Federal Habitat Conservation Plans
for target species, to allow issuance of the appropriate State and Federal take authorizations.
The Service, in recognition of the NCCP Program, published a special rule for the federally
threatened California gnatcatcher pursuant to section 4(d) of the Act (58 FR 65088). Under this
special rule, all gnatcatcher impacts and mitigation are analyzed in the context of long-term,
multiple species conservation programs being generated in a manner consistent with the NCCP
program. The 4(d) rule thus integrates the State’s ecosystem-based NCCP Program with the
Federal incidental take permit requirements and provides the regulatory basis for the
development and implementation of multi-species, multi-habitat conservation plans with a broad
regional focus. The California gnatcatcher 4(d) rule allows for interim take of gnatcatchers
consistent with the Conservation Guidelines, which provide for a loss of up to five percent of the
habitat for this species (coastal sage scrub) within the NCCP Planning Area for any jurisdictions
actively developing an NCCP Plan, provided specific criteria are met including that the habitat
loss cannot preclude the development of long-term NCCP plans. Once an NCCP plan becomes
finalized, a jurisdiction may remove coastal sage scrub exceeding the five percent limit provided
that it is consistent with the approved plan.
In keeping with the legislative intent of the NCCP Act to protect multiple habitat types, and in
recognition of the regional-based approach and conservation level achieved by the MHCP, the
State of California Resources Agency, California Department of Fish and Game, and the Service
(hereafter referred to as the “wildlife agencies”) have analyzed the MHCP Plan in terms of its
adequacy in providing a framework for protecting 60 species in addition to the California
gnatcatcher, including 21 other federally listed species and 39 species which are currently
unlisted.
The City of Carlsbad is located along the Pacific Coast in northern San Diego County, California,
and includes 24,570 acres within its incorporated boundaries. Approximately 35 percent of the
City is within the designated Coastal Zone. The Coastal Act and the City’s Local Coastal
Program (LCP) regulate development within this area. The LCP has been amended to include
conservation standards for properties in the Coastal Zone. The specific conservation goals of the
City are to maintain functional biological core area, maintain functional linkages and movement
corridors, conserve rare vegetation and narrow endemic communities, maintain populations of
target species, and apply a no-net-loss policy to the conservation of wetlands, riparian and oak
woodland habitats.
Preserve areas were identified within the entire MHCP planning area through the production of a
biological core and linkage area (BCLA) map based on vegetation communities, species
locations, elevation, slope, soils, drainages, preserve design criteria, development constraints, and
other physical parameters. The BCLA defined those portions of the study area that would best
contribute to a viable preserve system, and hence the “envelope’’ within which the ultimate
Subregional MHCP and Carlsbad Subarea Plan Findings 10
preserve system should be assembled. It also helped illustrate where larger biological core areas
could be linked to form an interconnected preserve system. Such a preserve design was not a
simple process partly due to the significant existing development in the MHCP planning area and
City of Carlsbad. However, the City of Carlsbad and other participating cities prepared used this
information to prepare focused planning areas (FPA), which show expected levels of
conservation that could be achieved to conserve biologically valuable areas (primarily, but not
exclusively, within the BCLA). Creation of the FPA considered not only the biological value of
lands, but also economic, legal, and other constraints to preserving these lands. The preserve will
be assembled by a combination of conservation of lands already in public ownership; public
acquisition of private lands with regional habitat value from willing sellers; and private actions to
conserve habitat, in conformance with development regulations and mitigation of impacts.
C. Take Authorizations and Federal Assurances
The Service’s approval of each MHCP Subarea Plan and issuance of section lO(a)( 1)@) permits
would authorize incidental take3 of covered animal species which are currently federally listed,
and of unlisted covered animal species effective upon their listing in the future (subject to any
conditions of coverage described in Tables 2,3, and 4).
Table 1 lists the species which are considered adequately conserved for which the City will
receive coverage immediately upon the approval of the City’s permit. However, the species
listed in Tables 2 and 3 are conditionally Covered species for which the City will not receive
coverage until the condition(s) for coverage is met for each of the species individually. The
City’s Subarea Plan addresses 9 animal species listed as either threatened or endangered and 12
currently unlisted animal species of concern. The Subarea Plan also covers 9 listed plant species
and 13 unlisted plant species. The process for initiating coverage for species in Table 2 and 3
requires the City to document in writing that the necessary conditions of coverage will be met
with written concurrence from the Wildlife Agencies.
Table 4 lists those species proposed for coverage at the MHCP Subregional Plan level, but are
not adequately conserved by the City of Carlsbad and are not proposed for coverage under this
permit action. These species were fully analyzed at the MHCP Subregional Plan level in MHCP
Volume 2 and the EIS/EIR. The effect of issuing a permit to the City of Carlsbad without such
species covered was analyzed in the Carlsbad Biological Opinion to ensure that permitting the
City’s Subarea Plan would not jeopardize the continued existence or recovery of any of these
species. The addition of an uncovered species (species from List 4) to the Covered species List
for the City would require an amendment to the HMP and State and Federal permits. The
amendment would be subject to all procedural and substantive requirements of the Endangered
3Excluding California brown pelican, American peregrine falcon, least tern, elegant tern, western
snowy plover, and light-footed clapper rail, because no take is authorized, although the species are listed
on the permit.
Subregional MHCP and Carlsbad Subarea Plan Findings 11
Species Act, National Environmental Policy Act, and California Environmental Quality Act,
including public review and comment.
On June 10,2004, the court in Spirit of the Sage Council v. Norton, Civil Action No. 98-1873
(D.D.C.) ordered that, until the Service completes a rulemaking on revocation standards for
incidental take permits, the Service may not approve new incidental take permits or related
documents containing No Surprises assurances. The order specifically allows for the
Service to issue incidental take permits that do not contain No Surprises assurances. Therefore,
the “NO Surprises” assurances contained in the Carlsbad HMP and IA are currently unenforceable
and ineffective with respect to this Permit. The remainder of the Permit, the IA, and the HMP
would remain in full force and effect to the maximum extent permitted by law. In addition, in
the event that any future judicial decision or determination holds that the “No Surprises”
assurances rule (or similar successive rule) is vacated, held unenforceable or enjoined for any
reason or to any extent, all No Surprises assurances provisions in the HMP and IA would be
enforceable only to the degree allowed by any such decision or determination; provided that the
remainder of the Permit, the IA, and the HMP remain in full force and effect to the maximum
extent permitted by law. In the event that the “No Surprises” assurances rule is vacated, held
unenforceable or enjoined by a judicial decision or determination, including the June 10,2004,
order described above, but is later reinstated or otherwise authorized, the assurances provided
under the revised rule shall automatically apply to the HMP, IA, and Permit in place of all No
Surprises assurances provisions in the IA and HMP. If, in response to any judicial decision or
determination, the “No Surprises” assurances rule is revised, all No Surprises assurances
provisions in the IA and HMP would be automatically amended in a manner consistent with the
revised rule so as to afford the maximum protection to the Permittees consistent with the revised
rule.
Pursuant to the June 10,2004, order in Spirit of the Sage Council v. Norton, Civil Action No. 98-
1873 (D.D.C.), until the Service adopts new revocation rules specifically applicable to incidental
take permits, all incidental take permits issued by the Service shall be subject to the general
revocation standard in 50 C.F.R. § 13.28(a)(5). Additionally, notwithstanding anything to the
contrary in the IA and the HMP, the Service retains statutory authority, under both sections 7 and
10 of the Act, to revoke incidental take permits that are found likely to jeopardize the continued
existence of a listed species.
D. Description of the MHCP Plan
Subregional MHCP Plan
The MHCP Plan is a comprehensive, long-term habitat conservation plan that addresses the
needs of multiple species and the preservation of natural vegetation communities in north San
Diego County. The MHCP is a plan to minimize and mitigate for the potential loss of Covered
species and their habitat due to the direct, indirect and cumulative impacts of future development
of both public and private lands within the MHCP area.
Subregional MHCP and Carlsbad Subarea Plan Findings 12
The Final MHCP Plan was prepared for the Subregion, an area encompassing 7 jurisdictions
(Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista) and 1 1 1,908
acres. The MHCP will be implemented through the local Subarea Plans. Each Subarea Plan
prepared pursuant to the MHCP Subregional Plan, is intended to serve as an independent
multiple species “habitat conservation plan” (HCP) pursuant to section 1 O(a)(2)(A) of the Act.
An HCP is required for issuance of a permit for incidental take of listed species pursuant to
section lO(a)(l)(B) of the Act. This HCP is also intended to serve as a Natural Community
Conservation Plan (NCCP) pursuant to the State of California’s NCCP Act of 1991. The
following Cities have prepared subarea plans that have been reviewed by the Service and
Department (Wildlife Agencies) and public at least once: Carlsbad, Encinitas, Escondido,
Oceanside, and San Marcos. The Service has been working closely with each of these cities to
ensure their subarea plan is adequate once they request a section 1 O(a)( 1)(B) permit application.
In fact, the cities of Oceanside and Escondido are very close to requesting such a permit. The
Wildlife Agencies have also been working with the City of Vista in preparing a draft subarea
plan. In addition, the Wildlife Agencies hold periodic MHCP meetings to ensure all the MHCP
cities are making adequate progress on their subarea plans and to ensure they will request a
1 O(a)( 1)(B) permit application in the near hture. The Service believes that all of the MHCP
cities will request such a permit.
The MHCP planning effort was initiated in 1991 with the formation of a consortium of local,
regional, and special purpose agencies to exchange information on land planning issues and to
coordinate preparation of local conservation plans. The “Final Environmental Impact
Statement/Environmental Impact Report for Threatened and Endangered Species Due to the
Urban Growth within the Multiple Habitat Conservation Program Planning Area,” dated March
2003, analyzed alternative MHCP subregional preserve designs and selected the Focused
Planning Area Number 2 alterative as the preferred alternative. This EISEIR fully analyzed
subarea plans for the following Cities: Carlsbad, Encintitas, Escondido, Oceanside, and San
Marcos. Solana Beach and Vista did not have draft subarea plans available for review in the
EISEIR, although the EISEIR did analyze the preserve system in these cities.
The MHCP preserve areas were identified through the production of a biological core and
linkage area (BCLA) map based on vegetation communities, species locations, elevation, slope,
soils, drainages, preserve design criteria, development constraints, and other physical parameters.
The BCLA defined those portions of the study area that would best contribute to a viable
preserve system, and hence the “envelope” within which the ultimate preserve system should be
assembled. It also helped illustrate where larger biological core areas could be linked to form an
interconnected preserve system. Using this information, Carlsbad and other participating cities
prepared focused planning areas (FPA), which show expected levels of conservation that could
be achieved to conserve biologically valuable areas (primarily, but not exclusively, within the
BCLA). Creation of the FPA considered not only the biological value of lands, but also
economic, legal, and other constraints to preserving these lands. The Subregional MHCP Plan is
the Focused Planning Area Number 2 alternative selected within the EIS/EIR. This alternative
protects, manages, and monitors in perpetuity the FPA as shown in Figure 3- 1 of the MHCP and
conserves 67 percent of coastal sage scrub, 70 percent of chaparral, 53 percent of coastal
Subregional MHCP and Carlsbad Subarea Plan Findings 13
sage/chaparral mix, and 100 percent of riparian and estuarine habitats in the study area. The Plan
also includes the conservation of 400 to 500 acres of contiguous coastal sage scrub within the
incorporated County of San Diego centered around the cities of Carlsbad, Encinitas, and the
extreme southwest portion of San Marcos, which supports 16 to 23 pairs of the federally
threatened gnatcatcher (gnatcatcher core area). In addition, the plan includes 338 acres of coastal
sage scrub restoration in key locations within the preserve area. Overall, 20,428 acres (68
percent) of the natural habitats found in the total MHCP planning area would be conserved.
The preserve will be assembled by a combination of conservation of lands already in public
ownership; public acquisition of private lands with regional habitat value from willing sellers;
and private actions to conserve habitat, in conformance with development regulations and
mitigation of impacts.
Lands already in public ownership which are proposed to be included in the MHCP preserve total
10,143 acres. The federal (Bureau of Land Management) and state governments contribute 1,944
acres of habitat lands that they currently administer in the study area, the seven MHCP cities
contribute 7,142 acres of habitat lands to the preserve that they currently own, and other local
agencies own the remaining acreage in the study area.
Public acquisition of private lands is expected to occur in areas identified as priority 1 within
MHCP Volume 1 by State or Federal government agencies if there are willing sellers and the
Cities agree to establish an endowment for habitat management and monitoring of these lands as
they are acquired. Approximately 609 acres are identified as priority 1 areas.
Private lands to conserve habitat are represented by both “hardline” preserves (lands that will be
conserved and managed for biological resources) and “softline” planning areas (areas to be
delineated based on further data and planning). Each City will need to apply development
regulations and mitigation guidelines to both public and private projects as described in MHCP
Volume 1 and summarized below. Individual cities may adopt different policies and guidelines
or may choose not to use mitigation ratios as a method of preserve assembly, if they demonstrate
that the alternative policies and guidelines would achieve equivalent or greater levels of
conservation.
1. Avoidance of Impacts and Allowed Encroachment: Subarea plans and their
implementing regulations and ordinances will emphasize avoidance of impacts to
biologically sensitive resources (including narrow endemic species and vernal pools) and
will identify areas and circumstances where take of Covered species and their habitats is
authorized. Projects proposing to directly or indirectly impact Covered species or their
habitats inside the FPA (unless a narrow endemic or species specific conditions state that
all locations are protected) must factually substantiate, in a CEQA document or in
findings prepared under a local MHCP implementing ordinance, that such impacts could
not be avoided while allowing for some economic or productive use of the property.
Feasible alternatives to avoid the impacts shall be described and analyzed, and reasons
Subregional MHCP and Carlsbad Subarea Plan Findings 14
that these alternatives were not pursued shall be fully described and supported by
adequate facts. If impacts cannot be avoided, all feasible means of minimizing
encroachment into sensitive habitats shall be fully addressed. Road or utility projects that
are to be permitted under an MHCP subarea plan will be required to demonstrate that
crossings of sensitive habitat will occur at the least overall biologically sensitive location
and that all feasible minimization measures have been employed. Private projects that
propose to impact a sensitive resource must factually substantiate that the impact is
essential to maintaining some economic or productive use of the property and that no
feasible alternative would eliminate or minimize the impact. If impacts to biologically
sensitive lands cannot be avoided while retaining economic or productive use of the
property, then acquisition of the property for conservation purposes shall be pursued as a
high priority, but only from willing sellers. Mitigation for unavoidable impacts shall
occur pursuant to specific mitigation criteria defined in the subarea plan, but shall be at
ratios no less than those provided in Tables 4-6 and 4-7 of MHCP Volume 1.
2. Maior Powlations: Certain locations within the MHCP are designated as supporting
Major Populations of particular species. Major Populations were defined by the MHCP
Biological Goals Standards and Guidelines as those “sufficiently large to be self-
sustaining with a minimum of active or intensive management intervention (especially for
plants)
overall metapopulation stability of the species (especially for animals).” Pursuant to this
definition, some species location points, or clusters of location points, are coded as Major
Populations in the MHCP database and mapped on the species distribution maps in
MHCP Volume 2. Although MHCP policies have not comprehensively established
higher conservation standards for Major Population areas relative to other occupied
habitat areas (except for Narrow Endemics - see below), subarea plans are expected to
substantially conserve all Major Populations areas identified in Volume 2 or that are
found to meet the definition of Major Population in the future. The avoidance of impacts
and allowed encroachment process must be followed for any project in or adjacent to a
Major Population site to document adequate avoidance, minimization, and mitigation
actions. In addition, the species specific permit conditions listed in MHCP Volume 2
may reference specific avoidance, minimization, and mitigation standards for selected
Major Population areas.
that at least support enough breeding individuals to contribute reliably to the
3. Critical Locations: Some Major Population areas, along with other areas that are
considered essential to reserve design, are designated as Critical Locations, which are
defined as “areas that must be substantially conserved for that species [or vegetation
community] to be considered adequately conserved by the MHCP.” Examples of Critical
Locations include population sites expected to contribute significant genetic diversity for
a species; areas that provide essential nesting, roosting, or wintering sites or structures
(especially for birds); essential wildlife movement corridors (especially for large
mammals and selected amphibians, reptiles, and birds), or currently unoccupied habitat
needed to accommodate population expansion (especially for narrow endemic species
Subregional MHCP and Carlsbad Subarea Plan Findings 15
whose populations must be increased to ensure extinction is precluded). The MHCP
Critical Location Policy (Appendix D of MHCP Volume 2) applies to all locations listed
and mapped as critical in MHCP Volume 2, or that are found to meet the definition of
critical in the future. The policy dictates that subarea plans will require maximum
avoidance and minimization of impacts; and species-specific mitigation measures for
unavoidable impacts, regardless of whether the critical location is inside or outside of the
FPA. Maximum avoidance and minimization shall be interpreted as avoidance of
impacts to the degree practicable while maintaining some economic or productive use of
the property, as supported by adequate facts. Mitigation for unavoidable impacts and
management practices must be designed to achieve no-net-loss in viability of critical
populations, including no-net-loss in ecological functions for habitat areas, wildlife
movement corridors, and linkages. In no case shall a city permit more than 20 percent
gross cumulative loss of critical populations or occupied habitat acreage (whichever is
most appropriate for the species).
4. Narrow Endemics: Narrow endemic species are highly restricted by geographical or
ecological factors and may have important populations within the MHCP planning area,
such that substantial loss of these populations or their habitat within the MHCP planning
area may preclude the continued existence and recovery of that species. A list of the
narrow endemic species as provided in Table 3-2 of MHCP Volume 1 is provided below.
The narrow endemic standard is described in Appendix D of the MHCP Volume 2 and
described below. Both inside and outside of the FPA, impacts to narrow endemic
populations shall be avoided to the maximum extent practicable while maintaining some
economic or productive use of the property, as supported by adequate facts. Inside of
FPAs, mitigation for unavoidable impacts and management practices must be designed to
achieve no net loss of narrow endemic populations, occupied acreage, or population
viability within the FPA. In no case, shall a city permit more than 5 percent loss of
narrow endemic populations or occupied acreage within the FPA (whichever measure is
biologically most appropriate for the species based on the best available science).
Outside of FPAs, subarea plans must require maximum avoidance of impacts to critical
and major populations, and, in priority order, avoidance, minimization, and mitigation for
impacts to any populations. In no case shall a City permit more than 20 percent loss of
narrow endemic locations, population numbers, or occupied acreage within that city
(whichever measure is biologically most appropriate for the species). Unavoidable
impacts should be mitigated based on species-specific criteria defined in subarea plans.
Such mitigation should be designed to minimize adverse effects to species viability and to
contribute to subarea plan biological objectives. Any land conserved for mitigation that
supports narrow endemic species must be added to the MHCP preserve system and
managed for the continued viability of the population. Mitigation for unavoidable
impacts must be designed to achieve no net loss of narrow endemic population locations,
occupied acreage, or population viability in the MHCP subregion and preferably, but not
necessarily, within each subarea. If mitigation is proposed to occur outside the subarea
plan boundary, such that a net loss would result within the subarea, then the selected
Subregional MHCP and Carlsbad Subarea Plan Findings 16
mitigation alternative must be demonstrated with adequate facts to produce greater
benefit to the species than would feasible mitigation alternatives inside the subarea. Such
determinations would be made jointly by the City, California Department of Fish and
Game, and the Service.
Regardless of location, narrow endemic populations listed as “Critical” in MHCP Volume
1 Table 3-7 must be totally avoided, and any populations that are later discovered and
determined to meet the criteria for a critical population must be maximally avoided while
allowing some economic or productive use of property as supported by substantial factual
evidence. If impacts to narrow endemics cannot be avoided while retaining economic or
productive use of the property, then acquisition of the property for conservation purposes
shall be pursued as a high priority, but only from willing sellers. However, in no case
shall a city permit more than 5 percent gross cumulative loss of critical populations or
occupied acreage (whichever is most appropriate for the species).
5. Wetlands: The MHCP Plan incorporates a no-net-loss policy and provides wetland and
upland avoidance and mitigation criteria (section 3.0 of MHCP Volume 1).
6. Mitigation Requirements:
a. Each jurisdiction will implement the mitigation standards specified in its subarea
plan and implementing agreement. Mitigation measures in subarea plans may
include avoidance of impacts; preservation, restoration, or enhancement of
habitat; or some combination of the above consistent with achieving the goals of
the subarea plan.
Because habitat within the BCLA or FPA generally has greater conservation value
than habitat occurring in fragmented or isolated patches, subarea plans can
incorporate incentives (e.g., reduced mitigation requirements) to encourage
conservation within the BCLA or FPA.
Subarea plans require site-specific analysis of biological resources, for projects
where agreements do not already exist, to determine appropriate mitigation
measures and siting of the project.
Subarea plans may provide flexibility in both the location and type of habitat
conserved, if consistent with achieving the subarea plan’s conservation goals.
This flexibility allows subarea plans to de-emphasize or eliminate, if appropriate,
historic “in-kind” mitigation requirements and provides an opportunity to use an
“ecosystem-based” mitigation approach.
Mitigation may be required for impacts to uncovered species, to the extent
required through CEQA and applicable federal and state regulations or local
regulations.
Excluding land avoided during the land use process, land acquired for mitigation
in excess of the jurisdiction’s mitigation requirements may be used for mitigation
credits or to establish a conservation bank.
b.
c.
d.
e.
f.
Subregional MHCP and Carlsbad Subarea Plan Findings 17
g.
h.
Subarea plans also may use “in lieu” fees to accomplish all or some of the
conservation goals of the plan.
Subarea plans will specify the mechanism for permanent protection of lands used
for mitigation. These mechanisms include conservation easements; fee title
transfer to a public agency, conservancy, or land trust; or other mechanisms
mutually agreed to by the jurisdiction and the wildlife agencies.
Subarea plans will provide for consistency in mitigation for public and private
projects.
Subarea plans will use definitions for grassland vegetation, disturbed land, and
agricultural lands that are provided in Appendix F of Volume II when project
impacts and mitigation requirements are determined.
i.
j-
7. Biological Preserve Design and Checklist: To be consistent with the MHCP, a subarea
plan’s conservation strategy must include or address the following checklist:
a. General Preserve Design
i. High biodiversity lands as indicated by spatially representative examples
of extensive patches of sensitive vegetation communities ranked as very
high and high biological value by the MHCP Composite Habitat Value
map (Figure 2-3) or as identified through subsequent fieldwork.
Large blocks of unfi-agmented habitat, following natural topography
(ridges and watersheds).
Large, interconnected blocks of habitat that contribute to the preservation
of wide-ranging species.
Key existing linkage areas between core habitat blocks; restoration or
enhancement as necessary to forge connections to other open space lands
and to other subareas or habitat patches outside the subarea plan area.
Configuration that minimizes edge effects between habitat preserves and
development and edge-to-preserve-area ratio.
.. 11.
111.
iv.
...
v.
b. Habitat Criteria
i. Total acreages and vegetation communities equivalent or better in
conservation value to those conservation targets listed in the MHCP plan
(pending complete analyses for subarea plans).
Representation of sensitive vegetation communities and their geographic
subassociations containing priority species in large, functioning
ecosystems.
High quality vernal pools (primarily but not exclusively supporting
sensitive species); no net loss of wetland vegetation communities.
High habitat quality and microhabitats (e.g., soil type, host plant,
drainages, rock outcrops) important to sustaining long-term viable
populations of individual Covered species.
.. 11.
... 111.
iv.
Subregional MHCP and Carlsbad Subarea Plan Findings 18
C. Species Criteria
1.
11.
For Covered species, all species-specific permit conditions included at the
beginning of each species evaluation in Volume II.
Key regional populations of proposed Covered species within the subarea,
including locations identified as major or critical by the MHCP, Volume
II. Coverage for the entire MHCP study area depends on retention and
maintenance of adequate populations of these species and their habitats
within the subarea and protection of all critical locations.
..
d. Management and Biological Monitoring Criteria (see also Sections 6.3 and 6.4)
1.
11.
111.
Appropriate management within the preserve to minimize edge effects
fiom adjacent land uses.
Appropriate uses within the preserve that are compatible with and
complement the biological function of the area.
Biological monitoring of habitats and species that reflects priorities as
determined in categories listed above.
..
...
8. Management and Monitoring: Volume 3 of the MHCP provides guidance for the
implementation, staffing, and fhnding of a management and monitoring program within
MHCP. The tasks outlined in this plan are the minimum necessary. In addition to this
monitoring and management plan, each participating city has prepared a framework
management plan as part of its subarea plan that references this MHCP monitoring and
management plan and identifies the resources most important for monitoring and
management in specific parts of its subarea as determined by the goals of the MHCP. As
individual areas are dedicated to the preserve, each city must prepare an area-specific
monitoring and management plan for the newly conserved areas within its subarea. There
is no minimum acreage for which area-specific monitoring and management directives
must be prepared; all areas of the preserve must have area-specific directives. Area-
specific monitoring and management plans will include the results of baseline biological
surveys, describe site-specific threats to resources, and identify site-specific management
actions to address these threats. Area-specific monitoring and management plans must be
approved by the wildlife agencies. Area-specific monitoring and management plans must
be developed for preserve lands no later than 2 years after lands are dedicated to the
preserve and implemented immediately upon approval of the management plan.
The MHCP requires coordinated actions among the local jurisdictions, the wildlife agencies, and
the private sector. Generally, local jurisdictions will implement the MHCP through their normal
land use planning and approval process and through management of contributed local public
lands, as specified in the city subarea plans. Specific implementation measures contained in city
subarea plans and implementing agreements may vary somewhat from the subregional guidelines
described in section 5.0 of the MHCP Volume 1 , as long as they meet all the legal requirements
contained in this section, as well as all applicable MHCP biological goals and standards. A
formal Elected Officials committee will be created once two or more cities receive an incidental
Subregional MHCP and Carlsbad Subarea Plan Findings 19
take permit for their respective subarea plans. The Elected Officials Committee will appoint an
MHCP Advisory Committee to provide a forum for coordinating MHCP implementation. The
MHCP Advisory Committee will be divided into two subcommittees: The MHCP Staff
Subcommittee and the MHCP Stakeholders Subcommittee. The Elected officials Committee
may also oversee an MHCP Land Conservancy and serve as the Board of Directors for such a
conservancy. The roles of each of these parties and their relationship among each other are more
fully described in section 5 of MHCP Volume 1.
E. Description of the Carlsbad Subarea Plan
The HMP proposes a comprehensive, citywide, program to identify how the City, in cooperation
with federal and state wildlife agencies, will preserve the diversity of habitat and protect sensitive
biological resources within the City while allowing for additional development consistent with
the City’s General Plan, it’s Local Coastal Plan, and its Growth Management Plan. The City’s
plan is within the umbrella of the MHCP, however, issuance of a permit to the City would stand
independent of the other participating cities draft subarea plans.
The City of Carlsbad proposes to create a preserve system to mitigate the impact of public and
private development over a 50-year period by protecting 6,786 acres (6,478 acres within the City
of Carlsbad and 308 outside the City of Carlsbad) of habitat for the Covered species. The
majority of the preserve (5,928 acres) consists of existing and proposed “hard-lined” areas
designated for 100 percent conservation. Up to 550 acres would be conserved on lands
designated as “standards” areas which have established assured levels of conservation through
applying biological criteria (rather than delineating the project footprint by a hard-line). An
additional 308 acres would be conserved outside of the City of Carlsbad’s Subarea to help offset
impacts that would occur within the City’s Subarea and outside of the City, but within the MHCP
planning area. Total conservation within the MHCP Subregional Preserve, as a result of the City
of Carlsbad’s Subarea Plan/HMP, is estimated to be 6,786 acres. The preserve within the City’s
Subarea would contain, at a minimum, the following habitats: coastal sage scrub (2,139 acres),
chaparral (676 acres), southern maritime chaparral (342 acres), grassland (707 acres), oak
woodland (24 acres), eucalyptus woodland (99 acres), marsh (1,252 acres), riparian (494 acres),
and other non-habitat lands (745 acres). In addition, the subregional MHCP and Subarea
Plan/HMP include measures to avoid and minimize incidental take of the Covered species,
emphasizing project design modifications to protect both habitats and individual species. A
monitoring and reporting plan would gauge the Plan’s success based on achievement of
biological species objectives and reserve design criteria, and would ensure that Conservation
keeps pace with open space conversion. The subregional MHCP and Subarea Plan/HMP also
include adaptive management which allows for changes in the conservation program if the
biological species objectives are not met, or new information becomes available to improve the
efficacy of the MHCP’s and HMP’s conservation strategy.
Approximately 35 percent of the City is within the designated Coastal Zone. The Coastal Act
and the City’s Local Coastal Program (LCP) regulate development within this area. The LCP has
Subregional MHCP and Carlsbad Subarea Plan Findings 20
been amended to include conservation standards for properties in the Coastal Zone as described
later in this section.
As described above in the Subregional MHCP section, a BCLA and FPA were identified in the
City. The FPAs were broken down into the HMP cores, linkages and Special Resource Areas
which are shown and identified on Figure 4 of the HMP. These areas include eight core FPAs
that are connected to one another and to habitat areas outside the City, by a variety of linkages
and wildlife movement corridors. Three naturally vegetated areas were too small, edge-affected,
or isolated to be considered biological Cores or linkage areas, but were considered important to
preserve design or the conservation of particular species and are characterized as Special
Resource Areas (SRAs). The Biological Core and Linkage Areas and the SRAs are described in
the Carlsbad Biological Opinion and in more detail in the City’s HMP.
Components of Preserve System
Using the Focus Planning Areas and Special Resource Areas as a foundation, the HMP has
identified a preserve system that consists of existing hardline preserve areas, proposed hardline
preserve areas, standards areas, and preservation in the MHCP Gnatcatcher Core Area, as
described in the HMP and summarized below. It is expected that the MHCP’s conservation goals
can be met without acquisition of habitat lands. However, the State and Federal Government has
committed to pursue acquisition of lands identified as priority 1 properties described in the
Subregional MHCP Plan portion of this project description. The HMP will not include City
acquisition of privately owned habitat lands within the City unless the City chooses to acquire
land or mitigation credits to provide additional mitigation for public facility projects. The
Preserve will be assembled primarily through the development entitlement process and project
processing will not deviate from the normal City process in most instances. However, projects
which are located in standards areas will require additional consultation with the City and the
wildlife agencies to determine whether the proposed project complies with the standards, as
discussed in Section D of the HMP, and a consistency finding with the HMP before they can
proceed through the normal City review process. Figure 24 of the HMP shows the HMP
compliance process and the difference between proposed projects located within hardline areas
versus standards areas. The details for processing a project in a standards area are provided
below (under Amendments to the HMP) and will require coordination with, and concurrence by,
the Service and Department regarding compliance with the standards.
Amendments include the following: minor Changes to the maps showing boundaries of the Plan
area or existing or proposed hardline areas; conversion of standards areas to hardline areas; and
possible hture additions to the list of Covered species. To facilitate the processing of such
changes, a HMP amendment process is described in detail in the HMP. For minor amendments
this includes equivalency findings and consistency findings. For City projects not proposed as
hardline areas, the City will review the project for compliance with measures to reduce impacts
to HMP species (Table 9 contained in Section D) and mitigation requirements at the City
Subregional MHCP and Carlsbad Subarea Plan Findings 21
mitigation bank (Lake Calavera). If the City project complies, it shall be determined to be
consistent with the HMP and a consistency finding will be made.
Major amendments include the following: removal of lands from conserved areas,
reconfiguration of hardline areas resulting in a decrease of acreage or quality of habitat, and
additions to the Covered species list. Major Amendments shall require environmental review
and will be subject to the amendment process as described in the HMP.
Existing Hardline Preserve Areas
These areas include both publicly owned land and privately owned land that has been committed
to habitat conservation as a result of existing open space regulations, past development
approvals, or other actions. This includes the City's three coastal lagoons and wetlands, the
Dawson Los Monos Reserve, as well as preserve areas in Aviara, Villages of La Costa, Rancho
Carrillo, Calavera Heights, Rancho Verde, Villages of La Costa, Carlsbad Highlands
Conservation Bank, and other development areas. Total acreage of existing hardline areas equals
approximately 4,459 acres, or approximately 69 percent of the 6,449 acre preserve system (see
Figure 5 and Table 4 of the HMP). Since the publication of the Carlsbad HMP the following
projects have been approved by the Wildlife Agencies either through formal consultation with
the U.S. Army Corps of Engineers under section 7 of the Act or through a 4(d) permit:
Manzanita Properties, Bressi Ranch, Carlsbad Oaks North Business Park, the Raceway Property,
and Palomar Forum. In addition, the Kelly/Bartman property has completed the CEQA process
and received its development permits from the City. No federal or state listed species occurred
on-site, so no permits from the Service or Department were required. Thus, these projects are
now within the baseline of effects and not analyzed within the Carlsbad Biological Opinion
because they have previously been approved and preceded this analysis. Please note that Table 8
of the Carlsbad HMP may not have been updated to reflect that these projects have been
approved and/or completed; however, the total acreage figures of preservation in the City should
remain accurate.
Proposed Hardline Preserve Areas
A number of proposed public and private projects have coordinated with the City, Service, and
Department and reached agreement on hardline designs for their projects. Once the City receives
a lO(a)l(B) permit and initiates the HMP process, these proposals will obtain the same
conservation status as the existing hardline areas and the City's General Plan will be amended to
designate them as open space. Habitat loss will be authorized for the remaining portions of the
projects. These projects include Aura Circle (as depicted in Addendum 2 of the HMP), Roesch
(as depicted in Addendum 2 of the HMP), Carlsbad Promenade (as depicted in Addendum 2 of
the HMP), Redeemer by the Sea (as depicted in Addendum 2 of the HMP), Thompson-Tabata (as
depicted in Addendum 2 of the HMP), Summit (as revised by Addendum 2 of the HMP),
Mandana (as revised by Addendum 2 of the HMP), the City's municipal golf course (as revised
by Addendum 2 of the HMP), Lake Calavera, Veteran's Memorial Park, Hub Park (as revised by
Subregional MHCP and Carlsbad Subarea Plan Findings 22
Addendum 2 of the HMP), Zone 19 park, SDG&E south shore properties, Holly Springs, Kelly
Ranch (as revised by Addendum 2 of the HMP), South Coast, Hieatt (as revised by text in
Addendum 2 of the HMP), Shelley, Cantarini, and Kevane (as revised by Addendum 2 of the
HMP). The general location of the proposed hardline areas are shown on Figure 6 of the HMP,
while detailed boundaries are shown for the individual projects on Figures 7 through 25 and in
Addendum 2 of the HMP. The proposed hardline boundaries on Veterans Memorial Park which
provides a corridor between the City's Municipal Golf Course and properties to the north,
constitutes mitigation for the development of the remaining portion of Veterans Memorial Park.
A pedestrian trail, park road and five individual and two group passive picnic areas will be
permitted in the corridor. The proposed hardline on Fox-Miller will not meet the conditions for
coverage of BrodiaeaJiZifoZia due to the recent identification of 19,100 BrodiaeaJiZifoZia plants
on the property. Thus, modification of this hardline would need to occur for coverage of
brodiaea filifolia (see species analyses for Brodiaea JiZfoZia).
The City is proposing to include the 266 acre public property at Lake Calavera as a public project
mitigation bank for municipal projects such as mitigation for a portion of the City's proposed
municipal golf course and the major roads shown on the City's Circulation Plan. The other City
projects which could be covered by the City mitigation bank are identified in Appendix B of the
HMP. One of the key objectives of the HMP is permitting for City public facility projects
mandated by the Growth Management Plan. The purpose of a public mitigation bank will be
mitigation of unavoidable impacts to biological resources resulting from these public facilities
projects. There may be approximately 266.1 acres available at Lake Calavera. However, a
formal mitigation bank agreement has not been entered into among the Wildlife Agencies and
City. Such an agreement would be necessary for the City to proceed with this action.
The levels of conservation achieved by the proposed hardline component of the preserve system
by habitat type and by Local Facilities Management Zones are provided in the HMP. The total
acreage of conserved habitat resulting from the proposed hardline conservation areas is 1,474
acres or approximately 22 percent of the preserve system.
Standards Areas
For some key properties within the City which have not submitted proposed hardline designs for
inclusion in the preserve system at this time, the HMP includes conservation goals and standards
which will apply to future development proposals in these areas. The goals and standards have
been arranged according to the Local Facilities Management Zones to which they apply. The
Carlsbad HMP Planning Area is divided into 25 Local Facilities Management Zones (LFMZ) for
planning purposes. The LFMZs were not based on biological criteria, but are used throughout
the HMP document for conservation planning purposes. Figure 26 shows the LFMZs, the areas
of the City and individual properties covered by the standards areas.
The standards apply only to those areas within the LFMZs not already covered by existing and
proposed hardline areas, existing take authorizations or areas shown as development areas on the
HMP map. If individual properties are proposed for development within a zone, the property
Subregional MHCP and Carlsbad Subarea Plan Findings 23
owner must show how the standards will be met. Standards are identified for properties in zones
1,2, 8, 14, 15,20,21 and 25.
The HMP includes a discussion of biological issues and goals for each zone as well as standards
for planning new developments in these zones. These planning standards are intended to achieve
the zone-specific biological goals based on zone-specific conditions and constraints. They would
be used during the land use planning and review process by the City as described in Sections D
and E of the HMP to identify conservation priorities and compliance options for new projects.
Although the standards will ultimately result in determining preserve boundaries, the standards as
well as the mitigating measures and ratios contained in Tables 9 and 11 of the HMP apply to all
projects in the zone whether they are within or outside the preserve boundaries. (See page D-77
of the HMP for further discussion of citywide minimization and mitigation requirements.)
There are several properties within the standards areas that allow 25 percent of the property to be
developed in the least environmentally damaging location, while 75 percent will be conserved.
The Standards Areas will conserve an overall 67 percent of coastal sage scrub, as well as 75
percent of known gnatcatcher points. Some zones may conserve more or less than these
percentages due to parcel size, location, resources, or long-term conservation potential.
However, the City will ensure that, when totaled throughout the City, an overall 67 percent of
coastal sage scrub and 75 percent of known gnatcatcher points will be preserved in the standards
areas. The procedures detailed in Section E of the HMP will be implemented in the processing
of any application for development entitlements for the Standards Areas. Implementation of
Section E will ensure that the acreage goals and species preservation goals outlined for the
Standards Area will be achieved. The above standards would be applied to the specified areas at
the time of application for development entitlements. The procedures detailed in Section E of the
HMP will ensure that the conservation goals for the Standards Areas overall will be achieved.
The City’s projections of levels of conservation within the preserve system achieved by future
compliance with the conservation standards by habitat type and by LFMZ are provided in Table 7
of the HMP. The total estimated acreage of conserved habitat resulting from the proposed
standards areas is 553 acres or approximately 9 percent of the preserve system. It should be
noted that the acreage figures are an estimate based on the information currently available.
Precise figures for any specific area will not be known until completion of the review and
approval process described above.
Restoration of Coastal Sage Scrub in the City
Restoration of 104 acres of coastal sage scrub will occur in key locations within the City’s FPA.
The purpose of the restoration is to increase breeding habitat for the gnatcatcher and improve
functionality of a “stepping-stone” linkage through the MHCP plan area. The key locations
identified were on the Carlsbad Raceway, Robertson Ranch, and the City’s proposed municipal
golf course. The Carlsbad Raceway has since been approved under formal consultation with the
U.S. Army Corps of Engineers under section 7 of the Act. The applicant has committed to
Subregional MHCP and Carlsbad Subarea Plan Findings 24
restoration of 17.5 acres of coastal sage scrub restoration associated with this project. In
addition, coastal sage scrub restoration will occur onsite at the adjacent Palomar Forum (1.57
acres) and Carlsbad Oaks North (20.9 acres) projects. The Robertson Ranch site is expected to
have 10 acres of coastal sage scrub revegetation associated with the Calavera Hills project and an
additional 2 1 acres of coastal sage scrub revegetation associated with developing the Robertson
Ranch parcel. The City’s proposed municipal golf course has since increased the amount of on-
site revegetation of coastal sage scrub by 15.4 acres, however, this restoration credit is being
deducted from the City’s obligations in the gnatcatcher core area as described below. In addition,
the Carlsbad Oaks North project will be restoring 20 acres of nonnative grasslands to coastal sage
scrub offsite at the Carlsbad Highlands mitigation bank. Thus, shortly after receiving their
permit for the HMP, the City is expected to meet and exceed the 104 acres of coastal sage scrub
revegetation expected in section 3.3.2 of MHCP Volume 1.
Preservation in the MHCP Gnatcatcher Core Area
As stated earlier, it was determined through the analysis of biological viability of the proposed
preserve system that a large (approximately 500 acre), biological core area that supports a
population of 16 to 23 gnatcatchers was needed in the MHCP planning area. As a result, an area
located in the unincorporated County between San Marcos, Carlsbad, and Encinitas was
identified where such preservation should occur and is referred to as the MHCP core area (see
Figure 3-3 in MHCP Volume 1). In addition, as part of the approval of the Fieldstone HCP, the
City was required to take a lead position in identifying the location and potential funding sources
for 240 acres in the MHCP core area. In order to hlfill its obligation to conserve gnatcatcher
habitat in the MHCP core area, increase conservation levels for the gnatcatcher in the HMP, and
to fulfill its responsibilities under the Fieldstone HCP, the City committed to effectuate the
conservation and conveyance of 307.6 acres of land within the MHCP core area as described in
the Carlsbad Biological Opinion.
General
The total acreage estimated to be conserved through implementation of the HMP is shown on
Table 8 of Addendum 2 of the HMP. As the HMP is implemented, conservation will occur
within and outside the City. Land conserved within the City will be conveyed into the Preserve.
All land being conveyed will be accompanied by a conservation easement or other mechanism
approved by the Service and Department as being sufficient to insure that lands are protected in
perpetuity. Conservation outside the City will occur within the MHCP gnatcatcher core area and
will be conserved in accordance with the conservation mechanisms identified in the MHCP.
Measures to Minimize Impact on HMP Species and Mitigation Requirements
The primary mitigation for impacts to HMP Species under the Plan is the conservation and
management of habitat for the species in the preserve system identified above. In addition,
measures to avoid and minimize impacts will apply citywide to all public and private projects
Subregional MHCP and Carlsbad Subarea Plan Findings 25
both within and outside the preserve system boundaries on a project level basis in compliance
with the requirement of the Act that the impacts of incidental take be minimized and mitigated to
the maximum extent practicable. The measures to avoid, minimize, and mitigate impacts and the
conservation goals for HMP species are summarized in Table 9 of the HMP. Such measures
include mitigation ratios for impacts to natural habitats, narrow endemic standards, wetland
conservation standards, and conservation measures for natural habitats in the coastal zone.
Mitigation Ratios for Impacts to Native Habitats
All future projects, including City public facility and improvement projects, shall mitigate
impacts to habitat based on the mitigation ratios provided in Table 8 below. Again, these
mitigation ratios apply whether a project is located inside or outside the preserve system.
Projects which conserve at least 67 percent of habitat onsite shall not be subject to offsite
mitigation unless they are located outside of the BCLA. The premise of this standard is that if
the habitat is outside of the BCLA it is not expected to provide any long term biological value
(except possibly for narrow endemics if present). Thus, on-site preservation for native habitat
outside of the BCLA would be discouraged and any impacts to native habitat which occurs on the
property could not be mitigated by on-site preservation. Once again, if inside the BCLA, habitat
conserved onsite shall be credited toward mitigation. After determining the amount of acreage
needed for mitigation based on the mitigation ratios, the acres of onsite conserved habitat shall be
subtracted from the required acres of mitigation. Mitigation shall occur within the City
principally in the focus planning areas unless the City Council authorizes mitigation outside the
City. For habitat Groups D, E and F as identified on Table 8, a mitigation fee shall be paid to the
City in lieu of offsite mitigation in an amount to be determined by the City Council. The amount
of the fee shall be adequate to cover the cost of any acquisition of land in the MHCP core area
which is the responsibility of the City of Carlsbad and for which funding has not previously been
provided. The fee may also be used to provide for overall management and maintenance of the
preserve system. This fee and the process that the City will use to administer this fee is discussed
in more detail the HMP and IA.
The mitigation ratios for the HMP differ from the ratios within the MHCP. The MHCP allows
cities to adopt different policies and guidelines, if they demonstrate that the alternative policies
and guidelines contained in the cities’ subarea plans would achieve equivalent or greater levels of
conservation. The ratios provided in the HMP are lower for unoccupied coastal sage scrub and
coastal sage chaparral mix (1 : 1 versus 2: 1). However, the HMP will achieve equivalent or
possibly greater levels of conservation because the same ratios apply regardless of impacts being
within the FPA or outside of the FPA and the ratios used are predominantly those recommended
by MHCP for inside the FPA. In addition, greater standards which include creation exist for
impacts within the coastal zone as described later.
Mitigation banks must be approved by the City and the wildlife agencies, subject to the issuance
by the City of a conditional use permit as required by the Carlsbad Municipal Code. City
projects will mitigate at the same ratios as private projects. However, City projects intend to use
Subregional MHCP and Carlsbad Subarea Plan Findings 26
the Lake Calavera Mitigation Bank for impacts to unoccupied coastal sage scrub, mixed
chaparral, and annual (non-native) grasslands once such a bank is formally created and
implementing agreement is signed by the wildlife agencies.
Narrow Endemic Species Standards
Narrow endemic species are taxa that are highly restricted by their habitat affinities, soil
conditions andor other ecological factors, and as such, require additional measures to ensure that
their long-term viability is maintained. In addition to the requirements that apply to Habitat
Types A-F on Table 2, projects that would affect lands occupied by narrow endemic species must
meet the following conservation standards as described in section 3.7 of MHCP Volume 1. Both
inside and outside the FPA, impacts to narrow endemic populations will be avoided to the
maximum extent practicable while maintaining some economic or productive use of the property,
as supported by adequate facts. If the land is within the proposed hardline preserve system, 100
percent conservation of the narrow endemic population(s) is required. In no case will the City
permit more than 5 percent loss of narrow endemic populations or occupied acreage within the
FPA. If the land is outside the FPA, at least 80 percent conservation of the narrow endemic
population(s) is required. Regardless of location, narrow endemic populations listed as “Critical”
in Table 3-7 of MHCP Volume 1 must be totally avoided, and any populations that are later
discovered and determined to meet the criteria for a critical population must be maximally
avoided while allowing some economic or productive use of property as supported by substantial
factual evidence.
However, please note that the hardline for Fox-Miller will impact thread-leaved brodiaea greater
than permitted under the narrow endemic. The current hardline would impact at least 30 percent
of the population directly and significant indirect effects would occur to an additional 20 percent
of the population on-site. As a result, the City’s coverage for this species is conditioned on the
hardline for this project being changed to conform to the narrow endemic policy and
management and monitoring occurring to MHCP standards for the thread-leaved brodiaea
preserved on-site. Please see the species analysis for thread-leaved brodiaea for more details.
A composite list of the Narrow Endemics covered by this Plan is provided below by combining
the species listed in Table 10 of the HMP and Table 3-2 of MHCP Volume 1. As a result, the
HMP will consider the following additional species as narrow endemics: short-leaved dudleya
(Dudleya variegata), Nuttall’s lotus (Lotus nuttallianus), oblivious tiger beetle (Cicindela
latesignata obliviosa), Harbison’s dun skipper butterfly (Euphyes vestris harbisoni), coastal
cactus wren (Campylorhynchus brunneicapillus cousei), and Pacific little pocket mouse
(Perognathus longimembris paczJicus). The conservation goals and measures for such species
within the City are indicated in Table 9 of the HMP and sections 3-7 and 3-30 of MHCP
Volume 1.
Subregional MHCP and Carlsbad Subarea Plan Findings 27
State Fully Protected Species
Although fully protected species are included in the list of Covered species, the hunting, pursuit,
catching, capturing, killing, or attempting to hunt, pursue, catch, capture, or kill these species is
not authorized in the NCCP Permit and is prohibited by the California Fish and Game Code. The
following species in the HMP are fully protected under the California Fish and Game Code:
1) California brown pelican; 2) American peregrine falcon; 3) Light-footed clapper rail; and
4) California least tern. The Department acknowledges and agrees that if the measures set forth
in the HMP are fully complied with, the Covered Activities are not likely to result in take of
these species under the California Fish and Game Code. If the Department determines that such
measures are not adequate to prevent take of one of the fully protected species, the Department
shall notifjr Carlsbad in writing of such discovery and propose new, additional, or different
conservation measures that it believes are necessary to avoid take of these species. Carlsbad
shall implement the measures proposed by Department or other measures agreed to by the Parties
as adequate to avoid take of fully protected species under the California Fish and Game Code. In
addition, the criteria for coverage outlined in Volume 2 of MHCP also require no impacts to
these species. Therefore, we do not anticipate any take4, including harassment, of these species.
Please see the species analysis section for each of these species.
Wetland Conservation Standards
The MHCP and HMP have a no-net loss standard for wetland functions and values. The City
will provide protection to Type A Habitats (riparian and wetland habitats, including vernal pools)
as part of the project review and approval process and the associated CEQA process. The
Analysis of proposed impacts to wetlands shall consist of a three-step process. The first step
involves determining whether the impacts are avoidable; the second step entails determining the
allowable amount of encroachment for unavoidable impacts; and the third step involves
determining the mitigation for unavoidable impacts.
All projects that would affect wetlands (Type A Habitats) must demonstrate that the impacts:
1) cannot be avoided by a feasible alternative; 2) have been minimized to maximum extent
possible; and 3) will be mitigated in ways that assure no net loss of habitat value or function.
This demonstration will occur as part of the CEQA review for the project, will require
documentation and analysis of impacts and alternatives, and must include an evaluation of the
value and function of the affected habitat. The evaluation of habitat function and value will
consider the rarity of the habitat type; presence of listed and sensitive species; proportion of
native to exotic vegetation; existing levels of habitat disturbance; connection to or isolation from
natural habitats and preserves; groundwater and water quality issues; potential for restoration;
feasibility of long-term management; and other relevant ecological factors. Road or utility
projects that must cross a wetland, shall demonstrate that the crossing will occur at the narrowest
and/or least sensitive location and that all feasible minimization measures have been employed.
4As defined by the federal ESA
Subregional MHCP and Carlsbad Subarea Plan Findings 28
In making this determination, alignment planning must consider whether avoidance of wetland
impacts would result in more significant upland impacts. Private projects, that would impact a
wetland, must demonstrate that the impact is essential to the feasibility of the project and that no
feasible alternative would eliminate or minimize the impact. The specific location of mitigation
lands will be determined in consultation with the Service, Corps, and Department as appropriate
in accordance with the requirements of the federal Clean Water Act, federal wetland policies, and
the California Fish and Game Code for all projects affecting Type A habitats. All mitigation
lands for impacts to vernal pools, riparian and wetland habitats will be in the City or MHCP plan
area. The following wetlands mitigation ratios will be used (see Table 4-7 of MHCP Volume 1).
The City does not anticipate that any substantial areas of vernal pool habitat occur in Carlsbad in
addition to those known and documented in the HMP. However, should additional vernal pools
be discovered, there would be a strong priority given to avoidance of impacts, followed by
mitigation for any unavoidable impacts. Any loss of vernal pool habitat would need to receive
the concurrence of the Wildlife Agencies. Please note that the Wildlife Agencies have already
acknowledged that there will be impacts to one vernal pool watershed on the Hiaett property if
the hardline depicted and modified by text in Addendum 2 of the HMP is implemented, thus,
additional concurrence from the Wildlife Agencies is not needed. However, if additional impacts
are proposed, concurrence from the Wildlife Agencies would be required. Impacts to highly
degraded vernal pool habitat lacking sensitive species may be acceptable if the pools are isolated
from other vernal pool complexes, lack sensitive vernal pool species, exhibit low native vernal
pool species diversity, have low restoration potential, or would be infeasible to manage
effectively. In these cases, mitigation would need to provide no-net-loss of vernal pool area and
vernal pool habitat value, and mitigation would need to occur in the City of Carlsbad.
In addition to the above requirements, a number of species are associated with Type A habitats.
Thus, all species-specific measures found in the HMP and MHCP Volume 2, will be required of
any project that may impact the habitat of these species.
Additional standards are applied to those wetlands within the coastal zone as described below.
Conservation Measures for Natural Habitats in the Coastal Zone
The City and HMP commit to applying additional specific conservation measures for impacts
that would occur in the coastal zone. These measures include standards for wetlands,
Environmentally Sensitive Habitat Areas, native upland habitats, highly constrained properties,
fuel modification, grading and landscaping, and specific parcels as described in addendum 2 of
the HMP. The standards cover the following topics: wetlands, Environmentally Sensitive
Habitat Areas, native upland habitats, highly constrained properties, buffers and he1
modification zones, grading and landscaping requirements, and parcel specific standards.
Preserve Managernenthlonitoring
Subregional MHCP and Carlsbad Subarea Plan Findings 29
The MHCP Subregional Plan and the HMP will maintain in perpetuity the biological values of
natural resources, where land is preserved as part of the HMP through acquisition, regulation,
mitigation or other means. Preserved lands that are part of the HMP will require management
actions, monitoring, and some land use restrictions to minimize adverse indirect effects fkom
surrounding development, recreational use, and fragmentation. MHCP Volume 3 provides the
framework for which management and monitoring must occur within each city and throughout
the MHCP planning area.
There are three levels of biological monitoring that are the responsibility of the MHCP
participating cities and wildlife agencies (depending upon preserve ownership): Preserve-level
and Subregional-level monitoring, Compliance monitoring, and Effectiveness monitoring.
Preserve-level monitoring must be conducted at all the preserve within the MHCP to assess and
report on key resources within the preserve to inform site-specific management actions by the
preserve managers. This includes baseline surveys and vegetation mapping at all preserves as
outlined in Appendix B of MHCP Volume 3. Some data collected at the preserve level will be
aggregated and analyzed to detect patterns and trends that may not be discerned at individual
preserve areas. Subregional monitoring will sample selected locations across the MHCP
planning area to assess changes in the distribution and abundance of covered species.
Compliance monitoring, also known as implementation monitoring, is required to ensure that the
cities are performing the conservation actions required for covered species. Compliance
monitoring requires that cities track on an annual basis the gains and losses of species and habitat
conservation and ensures the City is meeting all its obligations under MHCP. The MHCP
Volume 3 describes the process for such accounting.
Effectiveness monitoring will evaluate how well the MHCP conservation and management
actions are achieving the MHCP biological goals for each subarea and across the MHCP
planning area. Overall, the preserve-level monitoring program will be used to evaluate the
effectiveness of management actions at the specific preserve areas. At the subregional level,
effectiveness monitoring involves assessing status and trends in populations of covered species
and testing hypotheses across the MHCP planning area.
The City developed a Draft Open Space Management Plan (OSMP) dated May 2004 to describe
a process and structure for open space management and monitoring in the City, to identify and
describe key open space management issues in the City, to recommend strategies and solutions
for effectively handling these open space management issues, and to quantify expected
management and monitoring costs for implementation of the OSMP.
The City has ultimate responsibility for all monitoring, management, and reporting on all OSMP
lands covered by the HMP except those owned and/or managed by the Wildlife Agencies as of
the date the Carlsbad HMP IA is signed. More specifically, the City is responsible for overseeing
implementation and maintaining compliance with the HMP by tracking habitat gaindlosses using
Habitrak; conducting compliance monitoring; monitoring species and habitat via the preserve
Subregional MHCP and Carlsbad Subarea Plan Findings 30
steward and preserve managers; and management and maintenance via the preserve steward and
preserve managers. The City will fhd the additional monitoring and management activities
needed to close the management gaps on lands it manages. However, the City will not initially
provide active biological management or monitoring on private lands or existing open space as
depicted as Private on figure 2-3 of the OSMP. The HOA or private landowner will be
responsible for controlling trash, fire, and illegal encampments. However, if finding becomes
available, such as through a regional fhding source, the City will coordinate with private
landowners and Homeowners Associations to use these funds to implement and oversee active
biological management and monitoring on these lands at the MHCP level. As a result of this
delayed ability to access and fhd management and monitoring for such lands, coverage for
certain species (as shown in List 2 and List 3), are conditioned upon the City gaining such access
and funds.
The City and Wildlife Agencies will meet annually to monitor HMP implementation, discuss
pertinent issues, and coordinate activities relating to overall preserve system monitoring,
maintenance and planning. This meeting will be open to the public. Prior to the meeting,
Carlsbad will prepare a report addressing the above terms and submit it to the Service and
Department. The report shall be submitted not later than December lSt of each year. A diagram
is provided in the OSMP which identifies all the reports and meetings and when they will occur.
Each preserve manager will develop a preserve management plan that describes the regional
biogeographic significance and context of the preserve, the baseline biological conditions, and
the known or expected stressors and threats to the biological value of the preserve. The preserve
managers will use consistent survey methods and protocols and a consistent format for the
preserve management plans which are described in the OSMP. The City will need to develop
area-specific management directives (ASMDs) to address monitoring and management issues at
the site-specific level. There is no minimum acreage for which area-specific monitoring and
management directives must be prepared and all subunits of the OSMP that have been included
in the HMPMHCP must have ASMDs which will be incorporated into the individual preserve
management plans. The City will work with existing preserve managers, future preserve
managers, and City open space management staff to ensure that ASMDs are incorporated from
the HMPMHCP into the individual preserve management plans; and the new ASMDs are
developed and incorporated as needed. The City will coordinate submittal of the ASMDs and
preserve management plans to the Wildlife Agencies according to the timetables established in
the MHCP. ASMDs and preserve management plans will be updated every 3 to 5 years as
needed. Preserve managers will submit annual reports to the City and the City will meet with the
Wildlife Agencies annually and submit summary reports to the Wildlife Agencies every three
years.
There are two basic phases of implementation of the OSMP. The first phase is intended to
establish the baseline for species status and habitat condition in the preserve areas. Phase 1
occurs within the first three years after signing the IA or within the first year after a property is
hardlined into the preserve system. The second phase is the ongoing monitoring and
Subregional MHCP and Carlsbad Subarea Plan Findings 31
management of the preserve system in perpetuity. Phase 2 starts once the baseline conditions
have been established.
The HMP identifies management issues and management recommendations (section F), for
which the OSMP provides additional specific information (section 3), on the commitment of the
City toward the following actions: Area Specific Management Directives, funding sources, fire
management policies, noise impacts to open space, lighting impacts to open space, landscaping
and introduction of nonnative species, invasive ants, outdoor and feral animals, alteration of
ecological communities, off-road vehicles, illegal dumping, management of recreational uses,
enforcement, itinerant worker and transient camps, adaptive management, data management,
lagoon management coordination, restoration, erosion control, public outreach, fencing and
signs, and integration of preserve assembly with Habitrak.
In addition to preserve level and effectiveness monitoring as described above, the City has an
obligation to conduct compliance monitoring that tracks the gains and losses of species and
habitat conservation and ensures the City is meeting all its obligations under MHCP. The City
will use Habitrak to track and report the gains and losses as they implement their Subarea Plan as
described in MHCP Volume 3.
Please note, that some lands in the City of Carlsbad are currently, owned and/or managed by The
Environmental Trust (TET). However, the future of this organization to continue to manage and
monitor their lands is unclear. But, the City of Carlsbad has made a commitment to ensure
management and monitoring of any lands owned and/or managed by TET in the City of Carlsbad
that have been identified as areas that will be managed immediately after the City receives a
permit, will continue to be managed and monitored as expected regardless of the outcome of
TET.
Proposed Permit Special Terms and Conditions
Any future Section lO(a)(l)(B) permit issued to the City under the MHCP plan, will be
conditioned by the Service to include the following special terms and conditions:
1. All sections of Title 50 CFR §§ 13, 17.22, and 17.32 are conditions of this Permit. The
current version of these regulations is provided as Attachment 1.
2. The authorization granted by this permit is subject to compliance with, and
implementation of: the Multiple Habitat Conservation Program Plan, Volumes 1 , 2, and 3
(MHCP) (dated March 2003); Habitat Management Plan for Natural Communities in the
City of Carlsbad (”) (dated December 1999); the HMP Addendum 1 (dated
December 1999) and Addendum 2 (dated June 2003); and the executed Implementing
Agreement (IA), all of which are hereby incorporated into the permit.
Subregional MHCP and Carlsbad Subarea Plan Findings 32
3. The Permittee (City of Carlsbad), its authorized agents, and third parties under the
Permittee’s jurisdiction and control, are authorized to take HMP Covered Species in
Attachment 2, subject to the conditions in Tables 1,2, and 3 of the attachment and as
further conditioned herein, to the extent that take of these species would otherwise be
prohibited under section 9 of the Endangered Species Act of 1973, as amended (FESA),
and its implementing regulations, or pursuant to a rule promulgated under section 4(d) of
FESA. Take of HMP Covered Species must be incidental to otherwise lawful Covered
Activities on Covered Lands as defined in the IA and further described and depicted in
the HMP. The amount of take and form of take authorized (e.g. harm, injury, or death)
are described in these tables, and fiu-ther clarified below.
Table 1:
No take is authorized for the 5 plant species in Table 1. Because take of plants is not
prohibited under FESA, incidental take cannot be authorized under this Permit. Plant
species included in the Permit in Special Terms and Conditions and in Table 1 are named
in recognition of the conservation benefits provided for such plants in the MHCP, HMP,
and IA, and receive those assurances identified in the MHCP, HMP, IA, and this Permit
as provided in Special Term and Condition 14.
Fully Protected Species under California Fish and Game Code may not be taken or
possessed at any time except under limited circumstances, as provided in the Fish and
Game Code. No provision of any other law shall be construed to authorize the issuance
of permits or licenses to take any Fully Protected Species. The following species in Table
1 are Fully Protected Species: California brown pelican (Pelecanus occidentalis
californicus); American peregrine falcon (Falco peregrinus anatum); Light-footed
clapper rail (Rallus. longirostris levipes); and California least tern (Sterna antillarum
brownii) .
No take is authorized for the western snowy plover (Charadrius alexandrinus nivosus)
and elegant tern (Sterna elegans).
Take authorization is effective upon Permit issuance for the southwestern willow
flycatcher (Empidonax traillii extimus), least Bell’s vireo (Vireo bellii pusillus), and
coastal California gnatcatcher (Polioptila californica californica).
For each of the remaining 10 animal species in Table 1 which are not listed as threatened
or endangered under FESA, this Permit will become effective with respect to such species
concurrent with their listing under FESA, should they be listed during the permit term, to
the extent that their take is prohibited by FESA: 1) salt marsh skipper (Panoquina
errans); 2) Harbisons’s dun skipper (Euphyes vestris harbisoni); 3) white-faced ibis
(Plegadis chihi), 4) Cooper’s hawk (Accipiter cooperi); 5) osprey (Pandion haliaetus);
6) yellow-breasted chat (Icteria virens); 7) California rufous-crowned sparrow
Subregional MHCP and Carlsbad Subarea Plan Findings 33
(Airnophila ruficeps canescens); 8) Belding’s savannah sparrow (Passerculus
sandwichensis beldingi); 9) large-billed savannah sparrow (P. s. rostratus), and
10) orange-throated whiptail (Cnemidophorus hyperythrus beldingi).
Table 2:
Table 2 contains only plant species. No take is authorized for the six plant species named
in Table 2. Recognition of the conservation benefits provided for these species, and
receipt of assurances for them as identified in the MHCP, HMP, IA, and this Permit as
provided in Special Term and Condition 14, is contingent upon: (1) other MHCP
Participating Jurisdictions obtaining coverage for these six species through an existing,
legally operative incidental take permit; and (2) the Permittee demonstrating to the
Service adequate funding for management of conserved areas for San Diego thornmint
(Acanthomintha ilicifolia) and wart-stemmed ceanothus (Ceanothus verrucosus).
Table 3 :
Take authorization for the 2 animal species in Table 3 is contingent upon the Permittee
demonstrating to the Service adequate funding and legal access to manage and monitor
these species consistent with the requirements of the MHCP (see Volume 3).
No take of plants in Table 3 is authorized. Recognition of the conservation benefits for
these 11 plant species, and receipt of assurances for them, as identified in the MHCP,
HMP, IA, and this Permit as provided in Special Term and Condition 14, is contingent
upon: 1) the Permittee demonstrating to the Service adequate funding and legal access to
manage and monitor these 11 plant species consistent with the requirements of the MHCP
(see Volume 3); 2) the Permittee receiving legal control over the protection,
management, and monitoring of the vernal pools adjacent to the Poinsettia Train Station
that provide habitat for the San Diego button- celery (Eryngium aristulatum var. parishii),
little mousetail (Myosurus minimus ssp. apus), spreading navarretia (Navarretia fossalis),
and California Orcutt grass (Orcuttia californica); and 3) other MHCP Participating
Jurisdictions obtaining coverage for the San Diego marsh elder (ha hayesiana) through
an existing, legally operative incidental take permit.
Take authorization for the Riverside fairy shnmp (Streptocephalus woottoni), and San
Diego fairy shrimp (B. Sandiegonensis) is contingent upon: (1) the Permittee
demonstrating to the Service adequate funding and legal access to manage and monitor
these 2 animal species consistent with the requirements of the MHCP (see Volume 3);
and (2) the Permittee receiving legal control over the protection, management, and
monitoring of the vernal pools adjacent to the Poinsettia Train Station that provide habitat
for these species.
Subregional MHCP and Carlsbad Subarea Plan Findings 34
To initiate coverage for species in Tables 2 and Table 3, the Permittee shall submit in writing a
request for coverage, including documentation of compliance with the necessary conditions of
legally operative permits by other Participating Jurisdictions, funding assurances, and/or legal
access and control. Coverage for these species shall not become effective until such time as both
the Service and California Department of Fish and Game concur in writing that these conditions
have been satisfied.
4. This FESA Section 1O(a) Permit also constitutes a Special Purpose Permit under 50
C.F.R. § 21.27 for the take of those HMP Covered Species which are listed as threatened
or endangered under the FESA and which are also protected by the Migratory Bird Treaty
Act of 191 8, as amended (1 6 U.S.C. 5 §703-712), in the amount and/or number specified
in the MHCP and HMP, subject to the following terms and conditions. Such Special
Purpose Permit shall be valid for a period of 3 years from the effective date, provided the
Section 1 O(a) Permit remains in effect for such period. Such Special Purpose Permit shall
be renewed upon written request to the Service, provided that the Permittee continues to
fulfill its obligations under the MHCP, HMP, IA, and this Permit. Each such renewal
shall be valid for the maximum period of time allowed by 50 C.F.R. 5 21.27 or its
successor at the time of renewal.
5. In order to reduce the potential take of eggs or chicks of the coastal California
gnatcatcher, the Permittee shall not allow any clearing and grubbing activities in known
and potentially occupied coastal California gnatcatcher habitat during the breeding season
which extends inclusively from February 15 through August 3 1.
6. In order to minimize impacts to coastal California gnatcatcher, California rufous-crowned
sparrow, and orange-throated whiptail (Cnernidophorus hyperythrus beldingi) to the
maximum extent practicable, the Permittee shall ensure that if the City of Carlsbad
proceeds with plans to construct Cannon Road Reach 4, the extension of Melrose Drive
through the Shelley Property, or Marron Road through the Sherman Property, the
Permittee shall consult with the Service and California Department of Fish and Game on
the preparation of a draft Environmental Impact Report to ensure that all potential
alternatives to construction of these roads are fully considered. Any alternatives that
include the construction of these roads shall meet the following standards unless
otherwise agreed to by the Service and California Department of Fish and Game due to
new information from scientific studies:
A wildlife movement study that gathers wildlife movement data for at least one full year
shall be conducted preceding the design of any road undercrossings.
Noise within the underpasses shall be less than 60 dBA during the time of day that
animals use it. Sound walls shall be considered along portions of the road that pass over
underpasses in order to reduce noise levels, as increased traffic volume may decrease the
frequency at which a species uses the underpasses.
Shield corridors from artificial lighting. Use skylight openings within the underpass to
allow for vegetative cover within the underpass.
Subregional MHCP and Carlsbad Subarea Plan Findings 35
0
0
e
0
0
7.
8.
9.
Design underpasses or culverts to be at least 30 feet wide by 15 feet high with a
maximum 2: 1 length to width ratio. A more important variable is the openness of the
underpass, which takes into consideration the height, width, and length of the underpass
(H*W/L). The openness value shall be greater than 0.6.
Avoid co-locating human trails with wildlife movement corridors/crossings. Underpasses
shall be situated along primary travel routes away from areas containing noise and light
pollution and serve only wildlife needs since human presence and/or recreational
activities can deter wildlife activity.
In order to prevent “at-grade” crossing attempts by the target species, fencing shall be
installed to complement the underpasses. Fencing shall be used to funnel wildlife away
from at-grade road crossings and toward undercrossings. Fencing shall be at least 8 feet
high (measured from the ground up) and placed along portions of the road that bisect the
natural open space to prevent end runs. Coyotes and deer are infamous for end runs,
which means they will continue to shift their movements to go around the end of a fence
instead of using an underpass. Furthermore, the fencing shall also have mesh that is less
than 10 cm x 15 cm and be seated at least 15 cm into the ground to prevent the animals
from exploiting any weaknesses, which would allow them access to the road. Finally, the
fencing shall be installed to “funnel” the animals towards each underpass by using wing
fencing on both sides of the culvert.
Screen undercrossing openings with natural vegetation. Native vegetation shall surround
all underpass entrances and replace any proposed rock fill slope protection.
To maximize the width of the culvert available for wildlife movement, the water drainage
area in the base of each culvert shall be as narrow as possible and placed to the side,
rather than the center. Concrete V-ditches shall be eliminated to allow for natural stream
flows, which provide the elements critical for the movement of sensitive reptile and
amphibian species.
In order to minimize impacts to coastal California gnatcatcher, California rufous-crowned
sparrow, and orange-throated whiptail to the maximum extent practicable, the Permittee
shall ensure that any opportunities to maintain and/or widen a corridor of habitat between
Carlsbad and Oceanside are fully considered. This includes the Permittee upholding the
City of Carlsbad’s agreement that should the driving range adjacent to the KellyBartman
property be proposed for a different use, that the City will ensure an on-site corridor is
established on the driving range property.
As part of the review process (e.g., California Environmental Quality Act) for individual
projects within the City of Carlsbad, a qualified biologist shall survey for all species with
immediate and conditional coverage (Attachment 2, Tables 1,2, and 3) in all potential
habitat areas.
The Permittee shall contact the Service’s Carlsbad Fish and Wildlife Office immediately
regarding any violations or potential violations of the FESA or Migratory Bird Treaty Act
(phone 760-43 1-9440).
Subregional MHCP and Carlsbad Subarea Plan Findings 36
10. Within 1 working day of finding dead, injured, or sick endangered or threatened wildlife
species, the Permittee or its designated agents shall orally notify the Service’s Carlsbad
Fish and Wildlife Office (phone 760-43 1-9440). Written notification to the Carlsbad Fish
and Wildlife Office (6010 Hidden Valley Road, Carlsbad, California 92008) and the
Division of Law Enforcement (185 W. “F” Street, Suite 440, San Diego, California
92 10 1) shall be made within 5 calendar days and shall include the date, time, and location
of the specimen and any other pertinent information.
1 1. All monitoring and reporting for this permit shall be in compliance with the MHCP (Vol.
I and III) and IA (section 12). Annual reports are due no later than December 1 of each
year, beginning in 2005 and ending in 2054. Copies of all reports shall be submitted to
the Field Supervisor, Carlsbad Fish and Wildlife Office, 601 0 Hidden Valley Road,
Carlsbad, California 92008, and to the Assistant Regional Director, Ecological Services,
U.S. Fish and Wildlife Service, 91 1 Northeast 1 lth Avenue, Portland, Oregon 97232.
12. A copy of this permit must be on file with the Permittee, its authorized agents, and third
parties under the jurisdiction and direct control of the Permittee . Please refer to the
permit number in all correspondence and reports concerning permit activities. Any
questions you may have about this permit should be directed to the Field Supervisor,
Carlsbad Fish and Wildlife Office, at 760-43 1-9440.
13. On June 10,2004, the court in Spirit of the Sage Council v. Norton, Civil Action No. 98-
1873 (D. D.C.) ordered that, until the Service completes a rulemaking on revocation
standards for incidental take permits, the Service may not approve new incidental take
permits or related documents containing No Surprises assurances. The order specifically
allows for the Service to issue incidental take permits that do not contain No Surprises
assurances. Therefore, the “No Surprises assurances contained in sections 1.10,2.3,3.26,
10.3.A.(1), 10.3.A.(4), 10.3.C, 10.4.2.a, and 18.2.2 of the IA, sections 5.1.1 and 5.2.4 of
the MHCP, section G of the HMP (with Addendum l), and other applicable sections of
the IA, MHCP, HMP, and of this Permit, are currently unenforceable and ineffective
with respect to this Permit. The remainder of the Permit, the IA, the MHCP, and the HMP
shall remain in full force and effect to the maximum extent permitted by law. In addition,
in the event that any future judicial decision or determination holds that the “NO
Surprises” assurances rule (or similar successive rule) is vacated, held unenforceable or
enjoined for any reason or to any extent, sections 1.10,2.3, 3.26, 10.3.A.(1), 10.3.A.(4),
10.3.C, 10.4.2.a, and 18.2.2 ofthe IA, sections 5.1.1 and 5.2.4 of the MHCP, section G of
the HMP (with Addendum l), and other applicable sections of the IA, MHCP, HMP, and
of this Permit, shall be enforceable only to the degree allowed by any such decision or
determination; provided that the remainder of the Permit, the IA, the MHCP, and the
HMP shall remain in full force and effect to the maximum extent permitted by law. In the
event that the No Surprises assurances rule is vacated, held unenforceable or enjoined by
a judicial decision or determination, including the June 10,2004, order described above,
but is later reinstated or otherwise authorized, the assurances provided under the revised
Subregional MHCP and Carlsbad Subarea Plan Findings 37
rule shall automatically apply to the MHCP, HMP, LA, and Permit in place of sections
1.10,2.3, 3.26, 10.3.A.(1), 10.3.A.(4), 10.3.C, 10.4.2.a, and 18.2.2 of the IA, sections
5.1.1 and 5.2.4 of the MHCP, section G of the HMP (with Addendum l), and other
applicable sections of the IA, MHCP, HMP, and of this Permit. If, in response to any
judicial decision or determination, the “NO Surprises” assurances rule is revised, sections
1.10,2.3,3.26, 10.3.A.(1), 10.3.A.(4), 10.3.C, 10.4.2.a, and 18.2.2 ofthe IA, sections
5.1.1 and 5.2.4 of the MHCP, section G of the HMP (with Addendum l), and other
applicable sections of the IA, MHCP, HMP, and of this Permit, shall be automatically
amended in a manner consistent with the revised rule so as to afford the maximum
protection to the Permittee consistent with the revised rule. Pursuant to the June 10,2004,
order in Spirit of the Sage Council v. Norton, Civil Action No. 98-1873 (D. D.C.), until
the Service adopts new revocation rules specifically applicable to incidental take permits,
all incidental take permits issued by the Service shall be subject to the general revocation
standard in 50 C.F.R. §13.28(a)(5). Additionally, notwithstanding anything to the
contrary in the IA, MHCP, and the HMP, the Service retains statutory authority, under
both sections 7 and 10 of the FESA, to revoke incidental take permits that are found
likely to jeopardize the continued existence of a listed species.
The special terms and conditions provided above are included in the analysis of effects for each
of the appropriate species below.
11. ANALYSIS OF EFFECTS
A. MHCP Subregional Plan
The effects of approving the MHCP Subregional Plan are described in detail in the Carlsbad
Biological Opinion for the proposed action, Table 3-3 of the MHCP Volume 1, and in the
EIS/EIR, which are all incorporated by reference. In its Biological/Conference Opinion on the
proposed action, the Service determined that implementation of the MHCP Plan is not likely to
jeopardize the continued existence of the 61 listed and unlisted species proposed for coverage
under the MHCP Plan. Nor is plan implementation likely to destroy or adversely modify critical
habitat designated and proposed for the least Bell’s vireo, southwestern willow flycatcher,
gnatcatcher, Riverside fairy shrimp, San Diego fairy shrimp, and arroyo toad. A summary of the
effects and the conclusions reached by the Service are included below.
An analysis of significance of effects to Covered species resulting fiom authorized take is
included in Section 4.3.2.4 and summarized in Table 4.3-3 of the EIS/EIR. Any direct effects to
state or federally listed covered species are generally considered significant, while direct effects
to covered species which are not state or federally listed are generally only considered significant
when major populations; critical locations; sensitive species known occurrences are impacted
when there are no major or critical populations for that species; and when potential habitat is
Subregional MHCP and Carlsbad Subarea Plan Findings 38
impacted when there are no major or critical populations and no occurrences for that species
within the planning area. Species for which effects are considered less than significant in the
EISEIR include San Diego thorn-mint, San Diego ambrosia, Del Mar manzanita, Encinitas
baccharis, thread-leaved brodiaea, Orcutt’s spineflower, Del Mar mesa sand aster, San Diego
button celery, cliff spurge, Nuttall’s lotus, spreading navarretia, California Orcutt grass, Riverside
fairy shrimp, San Diego fairy shrimp, Harbison’s dun skipper, salt marsh skipper, Hermes copper,
quino checkerspot butterfly, western spadefoot toad, arroyo toad, southwestern pond turtle,
California brown pelican, peregrine falcon, light-footed clapper rail, western snowy plover,
elegant tern, California least tern, southwestern willow flycatcher, coastal cactus wren, coastal
California gnatcatcher, least Bell’s vireo, Belding’s Savannah sparrow, large-billed Savannah
sparrow, Bell’s sage sparrow, and pacific pocket mouse. In contrast, impacts to one habitat type,
grasslands, and eleven species in the planning area (summer holly, Blochman’s dudleya, sticky
dudleya, Nuttall’s scrub oak, Parry’s tetracoccus, San Diego homed lizard, orange-throated
whiptail, northern harrier, burrowing owl, grasshopper sparrow, and tricolored blackbird) were
treated in the EISEIR as significant unmitigated within the planning area due to habitat loss,
particularly grassland habitat. Although the EISEIR found the MHCP plan to significantly
impact summer holly, Blochman’s dudleya, sticky dudleya, Nuttall’s scrub oak, and orange-
throated whiptail, these species are on the covered species list for the City of Carlsbad due to the
on-site conservation, management and monitoring within the City of Carlsbad. The City would
receive coverage for Blochman’s dudleya, Nuttall’s scrub oak and orange-throated whiptail
initially. The City would not receive coverage for sticky dudleya or summer holly without
additional measures being met as described in the species evaluation sections below and in our
biological and conference opinion.
The EISEIR also states that if impacts were not mitigated, significant effects would also occur to
coastal sage scrub, chaparral, and coastal sage scrub/chaparral mix, and the coastal California
gnatcatcher. The mitigation necessary to ensure such significant impacts were reduced to a level
below significance is the preservation of 400 to 500 acres of contiguous coastal sage scrub
habitat in the area referred to as the gnatcatcher core in MHCP Volume 1 (including the
Chumous-Pappas property).
As identified in the Carlsbad Biological Opinion, indirect effects to covered species and
vegetation communities may occur through edge effects, fragmentation, disruption of the natural
fire regime, changes in hydrology, run-off from, adjacent development, and stress-related
reduction in reproductive success. These effects in general, and related to individual species that
are federally listed or proposed for listing, are discussed in detail in the Carlsbad Biological
Opinion.
Overall direct and indirect effects to the Covered species are expected to be mitigated through
habitat preservation, preserve design features and preserve management and monitoring
measures. The estimated acreage of conservation (and impacts) within the MHCP planning area
are provided in Table 5 below. As shown in Table 5, the preserve within the MHCP cities will
be approximately 19,928 acres which represents 66 percent of the total acres available within the
Subregional MHCP and Carlsbad Subarea Plan Findings 39
MHCP cities. In addition, approximately 500 acres of additional coastal sage scrub will be
preserved in the gnatcatcher core area in unincorporated San Diego County. The preserve design
features of this subregional plan are expected to result in a preserve system composed of blocks
of interconnected habitat, which would be more likely to support viable populations of covered
species than a preserve system based exclusively on project-by-project mitigation. The
implementation of adaptive preserve management, including site-specific and species-specific
management and monitoring measures to be incorporated into framework management plans for
each subarea, is expected to maintain and enhance the net habitat value of the preserve system.
Because it is expected that implementation of the MHCP conservation measures would offset the
impacts of take authorized through issuance of the permit, overall direct and indirect impacts to
the Covered species are expected to be mitigated to a level of insignificance.
Table 5 Conservation Acreages of Natural Vegetation Communities in the MHCP
Planning Area
Total Existing Conservation Total Net Conservation
in Study Area inside FPA Study Area inside the BCLA' Vegetation Community Conserved in
Southern coastal bluff scrub 2 0 0 (0%) 0 (0%)
Maritime succulent scrub 32 29 29 (90%) 29 (93%)
Coastal sage scrub 8,656 5,334 5,334 (62%) 4,948 (69%)
Chaparral 8,324 5,806 5,806 (70%) 5,615 (73%)
Southern maritime chaparral 968 748 748 (77%) 717 (79%)
Coastal sagekhaparral mix 462 246 246 (53%) 237 (54%)
Grassland 5,219 1,687 1,687 (32%) 1,565 (47%)
Southern coastal salt marsh 272 25 1 272 (100%) 270 (100%)
Alkali marsh 165 157 165 (100%) 165 (100%)
Freshwater marsh 518 428 518 (100%) 442 (1 00%)
Riparian forest 676 533 676 (1 00%) 404 (1 00%)
Riparian woodland 250 180 250 (100%) 133 (100%)
Riparian scrub 1,739 1,283 1,739 (100%) 1,191 (100%)
Engelmann oak woodland 230 188 188 (82%) 185 (89%)
Coast live oak woodland 650 51 1 5 11 (79%) 483 (83%)
Other oak woodlands 1 1 1 (100%) l(lOO%)
Estuarine 955 947 955 (100%) 954 (100%)
Freshwater 444 40 1 444 (100%) 396 (100%)
Disturbed wetland 202 121 202 (100%) 87 (100%)
Natural flood channelktreambed 142 142 142 (100%) 130 (100%)
Beach 48 7 8 (16%) 8 (33%)
SaltpadMudflats 8 7 8 (100%) 8 (100%)
Vernal poolz 22 9 22 (100%) 17 (100%)
Total 29,962 19,007 19,928 (67%) 17,966 (73%)
Subregional MHCP and Carlsbad Subarea Plan Findings 40
Note: Numbers may not sum to total as shown due to rounding and because vernal pool acreage is excluded.
Source: Vegetation acreage calculations from October 2002 SANDAG GIS calculations.
1 Acreage and percentage of each vegetation community inside the biological core and linkage area that will be conserved. 2 Vemal pools were mapped as an overlay to other vegetation communities and thus their acreage is not included in this total. The MHCP study
area does not include the San Marcos Major Amendment Area.
B. Carlsbad Subarea Plan
The effects of approving the Carlsbad Subarea Plan are described in detail in the Carlsbad
Biological Opinion and the EIS/EIR. In the Carlsbad Biological Opinion, the Service determined
that implementation of the MHCP Plan and the Carlsbad Plan is not likely to jeopardize the
continued existence of the 43 listed and unlisted species proposed for coverage under the Subarea
Plan. The Service also determined that implementation of the City’s Subarea Plan would not
jeopardize the continued existence or recovery of the 18 species that are not included in the City’s
Subarea Plan, but are proposed for coverage by other cities within the MHCP Subregional Plan.
In addition, the Service determined that implementation of the City’s Subarea Plan is not likely to
destroy or adversely modify the following existing and currently proposed critical habitat
occurring within the Subarea: coastal California gnatcatcher, Riverside fairy shrimp, and San
Diego fairy shrimp. Designated and/or proposed critical habitat for the following species occurs
within the MHCP planning area: federally endangered least Bell’s vireo, southwestern willow
flycatcher, Riverside fairy shrimp, San Diego fairy shrimp, and arroyo toad, and the federally
threatened coastal California gnatcatcher.
Least Bell’s vireo critical habitat was designated in 1994 (59 FR 4845). Southwestern willow
flycatcher critical habitat was designated on July 22, 1997 (62 FR 39129). Critical habitat for the
San Diego fairy shrimp was designated on October 23,2000 (65 FR 63438); critical habitat for
the coastal California gnatcatcher was designated on October 24, 2000 (65 FR 63680); arroyo
toad critical habitat was designated on February 7,2001 (66 FR 9414); and Riverside fairy
shrimp critical habitat was designated on May 30,2001 (66 FR 29384).
In a court ruling, the final rules designating critical habitat for the San Diego fairy shrimp and
coastal California gnatcatcher were remanded to the Service for further consideration of the
economic impacts. However, the court determined that the previously designated critical habitat
for San Diego fairy shrimp and coastal California gnatcatcher remain in place until such time as
revised, final determinations are made effective. Pursuant to a separate court ruling, the final
critical habitat designations for arroyo toad and Riverside fairy shrimp were also remanded to the
Service for further consideration of the economic analysis; however, for these two species the
court vacated the designated critical habitat. In a third court ruling, the final rule designating
critical habitat for the southwestern willow flycatcher was remanded to the Service for further
consideration of the economic impacts. However, the court vacated the designated critical
habitat for southwestern willow flycatcher.
In compliance with the court ruling for the San Diego fairy shrimp and coastal California
gnatcatcher, the Service published new proposed critical habitat designations. The proposed
designation of critical habitat for the San Diego fairy shrimp was published on April 22,2003 (68
Subregional MHCP and Carlsbad Subarea Plan Findings 41
FR 19888), and the proposed critical habitat designation for coastal California gnatcatcher was
published on April 24,2003 (68 FR 20228). The Service published a proposed critical habitat
designation for Riverside fairy shrimp on April 27,2004 (69 FR 23024) and for the arroyo toad
on April 28,2004 (69 FR 23254). In addition, the Service published a proposed critical habitat
designation for southwestern willow flycatcher on October 12,2004 (69 FR 60706).
The area proposed as critical habitat for the San Diego fairy shrimp within the MHCP and City’s
Subarea Plan is smaller than the amount of land included in the 2000 critical habitat designation;
therefore, we consulted on those lands currently proposed as critical habitat which are also
included in the 2000 designation
Within the planning areas for the MHCP and the City’s Subarea plan, some lands designated as
critical habitat for the coastal California gnatcatcher are also included in the April 2003 proposed
designation. In some cases, lands designated as critical habitat are not included in the new
proposed designation and some lands not previously designated as critical habitat are being
proposed for designation. The land proposed as critical habitat for the coastal California
gnatcatcher that was not included in the October 2000 designation lies within the Carlsbad Oaks
North project area which was previously analyzed in a section 7 consultation with the Corps (1-
6-01-F-2874 December 4,2003). Some areas designated as critical habitat in 2000 were not
included in the April 2004 proposed critical habitat designation because the lands were the
subject of a section 7 consultation or were in development prior to the publication of the 2004
proposed rule. For example, the Service consulted with the Corps pursuant to section 7of the Act
on impacts to the coastal California gnatcatcher and its designated critical habitat within the
boundaries of TM-1 and TM-2 of the University Commons project site in the City of San Marcos
(1-6-00-F-2703 July 26,2002 and 1-6-00-F-2285R August 6,2003) and construction of this
project is currently underway. For the coastal California gnatcatcher we consulted on all lands
included in the 2000 critical habitat designation and those portions which are also included as
proposed critical habitat. We are conferencing on lands currently proposed as critical habitat, but
which were not included in the October 2000 designation.
A portion of the lands proposed as critical habitat for the Riverside fairy shrimp occur within the
City of Carlsbad’s Subarea plan. There is no proposed critical habitat for the arroyo toad within
the Carlsbad Subarea plan, although some areas within the MHCP are included as proposed
critical habitat for the species; therefore, this biological opinion will not address critical habitat
for arroyo toad within the City’s Subarea plan.
Essential habitat for the southwestern willow flycatcher that occurs within the City of Carlsbad
was excluded from proposed critical habitat for the southwestern flycatcher. However, essential
habitat within the MHCP Subregional Plan area is proposed as critical habitat.
It is our opinion that the issuance of an incidental take permit to the City of Carlsbad may affect
designated and proposed critical habitat for coastal California gnatcatcher and San Diego fairy
shrimp, or proposed critical habitat for the Riverside fairy shrimp. We have determined that
Subregional MHCP and Carlsbad Subarea Plan Findings 42
issuance of an incidental take permit to the City of Carlsbad will not adversely affect designated
critical habitat for the least Bell’s vireo nor proposed critical habitat for the southwestern willow
flycatcher.
We have also determined the MHCP Subregional Plan may adversely affect designated critical
habitat for the least Bell’s vireo, designated and proposed critical habitat for coastal California
gnatcatcher and San Diego fairy shrimp, and proposed critical habitat for Riverside fairy shrimp,
arroyo toad, and southwestern willow flycatcher. We will fully analyze impacts to these species
and their respective proposed and final critical habitat within the MHCP Subregional Plan.
Our determination regarding the effect of the HMP on proposed and existing critical habitat did
not rely on the regulatory definition of “destruction or adverse modification” of critical habitat at
50 CFR 402.02. Instead, we have relied upon the statute and the August 6,2004, Ninth Circuit
Court of Appeals decision in Gifford Pinchot Task Force v. US. Fish and Wildlife Service (No.
03-35279) in our analysis with respect to critical habitat.
Development within the City’s Subarea will largely occur outside of the FPAIPreserve. Figures
4,5, and 6 in the Subarea Plan shows the FPA and Hardline Conservation Areas. Impacts to
covered species and their habitat within the City will result from private development projects
and public projects that are consistent with the Subarea plan. In addition, where preserve areas
are planned adjacent to existing developed areas, the fuel management zone may encroach into
the preserve, however, such impacts would not occur greater than 100 feet from habitable
structures. If such activities would impact a major population or critical location, the City would
need concurrence from the Wildlife Agencies for any such impacts. Under the City’s plan 5,733
acres of habitat will be conserved within the City out of an existing 8,758 acres of habitat
remaining in the City. An additional 308 acres of conservation (predominantly coastal sage
scrub) will occur outside of the City in the MHCP gnatcatcher core area. 745 acres of disturbed
lands will also be conserved within the City. These numbers are provided below in Table 6 and
in Addendum 2 of the HMP as Table 8.
Direct effects from the proposed plan may include injury, death and/or harassment of listed,
sensitive, and narrow endemic species. Direct effects may also include the destruction of habitats
necessary for a species survival. Indirect effects to covered species and vegetation communities
which result from implementation of the Carlsbad Subarea Plan are expected to be similar to
those identified for the entire MHCP Plan, above. These effects in general, and related to
individual species that are federally listed or proposed for listing, are discussed in detail in the
Carlsbad Biological Opinion.
Appendix C of the Subarea plan and MHCP Volume 2 summarizes the level of loss anticipated
for each Covered species, either as the percent of the known populations or as the percent of
appropriate habitat if designation of populations was not possible due to the lack of available
data. Precise quantification of effects to individuals was not possible because of natural
population fluctuations and because less than half of the habitat lands in the Subarea have been
Subregional MHCP and Carlsbad Subarea Plan Findings 43
surveyed for the presence of proposed covered species. As a result, effects analysis of specific
species populations may not be completely accurate due to the absence of extensive survey data.
Therefore, each species could be subject to additional loss and/or preservation that were not
addressed in Appendix C of the HMP or Volume 2 of the MHCP. New projects will still be
required by the jurisdictions to conduct biological assessments to ensure that projects minimize
and mitigate effects to covered species and will undergo project specific CEQA review. The
amount of habitat developed and conserved will be reported through an annual review process as
required by the HMP.
the preserve system will be actively managed for covered species and their habitats. Initially
5,421.8 acres of the preserve will be actively managed. Once regional funding is available and
access issues are resolved, the entire preserve area within the City will be managed and
monitored per the standards in the OSMD and MHCP Volume 3. Direct effects to each species
from development will also be minimized through implementation of the conservation measures
for covered species as presented in Table 9 of the Subarea plan and Volume 2 of MHCP.
Furthermore, there is a no net-loss policy for wetlands where any direct effects to wetlands,
including vernal pools in naturally occurring complexes, will be avoided to the maximum extent
practicable both inside and outside the preserve, and mitigated according to the standards
described in the project description of the Carlsbad Biological Opinion.
Thus, direct and indirect effects to covered species and their habitats will be mitigated within the
City of Carlsbad through the following measures:
1.
2.
3.
4.
5.
6.
Preservation of at least 80 percent of all major populations, narrow endemic species
populations, or critical locations of covered species occurring within the City.
Preservation of 307.6 acres of habitat in the gnatcatcher core area as defined in MHCP
Volume 1 and the Carlsbad Biological Opinion.
Restoration of 104 acres of coastal sage scrub throughout the City as described in MHCP
Volume 1 and the Carlsbad Biological Opinion.
Design and configuration of the FPA within the City of San Diego to optimize habitat
viability.
Implementation of species-specific measures which are conditions of the permit, as
detailed in MHCP Volume 2 and Appendix C of the City’s Subarea Plan.
Monitoring, management, and reporting measures included in MHCP Volume 3 and the
City’s draft Open Space Management Plan.
The permanent protection, management, and monitoring included under the City’s plan will:
a) support the persistence of narrowly ranging covered plant and wildlife species within the
MHCP planning area; b) contribute to the long-term habitat viability of vegetation communities
for species dependent on these communities; and c) contribute to the overall conservation of
wide-ranging species through the protection of interconnected blocks of habitat rather than the
small random patches that would result from proj ect-by-project mitigation. Because the
implementation of this plan retains the potential for improvement of the status of all the listed
Covered species to the point where their protection under the Act may no longer be necessary,
Subregional MHCP and Carlsbad Subarea Plan Findings 45
Environmental Impact StatementEnvironmental Impact Report (EISEIR) was published on
April 13, 1999 in the San Diego Union-Tribune, San Diego Transcript, Asian Jownal, La Prensa,
Voice & Viewpoint, and the Coastal and Inland editions of the North County Times. The NOP
was also distributed by mail to 538 recipients. An Initial Study (IS) of the MHCP was also
prepared and distributed with the NOP for public review.
On May 5, 1999, SANDAG, the Service, and California Department of Fish and Game held a
public scoping meeting to solicit public comments during the 30-day NOI/NOP public scoping
period. The meeting was advertised in the NO1 and NOP and held at Encinitas City Hall. In
response to the scoping process, eight letters of comment were received. Additionally, two
people spoke at the public scoping meeting. These comments were considered during
preparation of the draft EIS/EIR.
On June 28,2000, a notice of receipt of an incidental take permit application and availability of
an Environmental Assessment for the City of Carlsbad’s Subarea Plan was published in the
Federal Register for a 30-day public comment period (65 FR 39919). We received a total of 32
comment letters on the draft Environmental Assessment. In response to comments received
during the 30-day public review period, the Service chose to complete its obligations under the
National Environmental Policy Act for the City’s Subarea Plan by fully analyzing the City’s HMP
in the EISEIR prepared for the MHCP Subregional Plan. Notice of availability of the draft
EIS/EIR and draft MHCP Plan was published in the Federal Register on December 28,2001 for a
120-day public comment period (66 FR 67292). The draft EISEIR analyzed the potential
environmental impacts that may result from the Federal action of authorizing incidental take
anticipated to occur with implementation of the MHCP, and identified various alternatives. We
received a total of 41 comment letters on the draft EIS/EIR. A response to each comment has
been included in Volume 2 of the final EIS/EIR for the MHCP Subregional Plan. Several minor
revisions were made to the EIS/EIR in response to comments. The majority of these were for
clarification or to correct minor errors. The revisions did not result in significant change to the
analysis of effects in the EIS/EIR.
The Carlsbad HMP has been modified by addendum, since the draft EIS/EIR was published, as a
result of responding to comments in the year 2000 from the California Coastal Commission
(CCC) in order to receive a Federal consistency determination fi-om the CCC. All of the changes
made to the HMP, as a result of the CCC (included in the addendum), are limited to the coastal
zone of the City, and do not substantially change the effects analysis and proposed action in the
final EISEIR. Thus, no additional NEPA analysis was conducted of these changes.
Due to the amount of time that has passed since the public comment period on the original
application for an incidental take permit for the Carlsbad HMP was published, the Service
published a subsequent notice in the Federal Re&er - on June 4,2004 (69 FR 3 1632) to inform
the public of the proposed action and to make available for review the three volume subregional
MHCP Plan, Carlsbad HMP (Subarea Plan) for the proposed permit, Implementing Agreement,
draft Urgency Ordinance, and final MHCP EIS/EIR, which includes responses to public
Subregional MHCP and Carlsbad Subarea Plan Findings 46
comments received on the draft EISEIR. Two letters were received during the public comment
period. One letter did not have any comments and the other letter provided lengthy comments.
However, all comments were previously identified throughout the public review process for
either the MHCP or the Carlsbad Subarea Plan. All comments were fully considered and a
complete record of the responses to comments on the Carlsbad Subarea Plan is included in the
attached, “Responses to Comment Letters Received on the February 2003 Habitat Management
Plan for Natural Communities in the City of Carlsbad”. No substantive changes were made to
either the MHCP or the City’s Subarea Plan as a result of the comments received.
IV. INCIDENTAL TAKE PERMIT CRITERIA - ANALYSIS AND FINDINGS
Section lO(a)(2)(A) of the Act specifically mandates that “no permit may be issued by the
Secretary authorizing any taking referred to in paragraph (l)(B) unless the applicant submits to
the Secretary a conservation plan that specifies--(I) the impact which will likely result from such
taking; (ii) what steps the applicant will take to minimize and mitigate such impacts, and the
funding that will be available to implement such steps; (iii) what alternative actions to such
taking the applicant considered and the reasons why such alternatives are not being utilized; and
(iv) such other measures as the Secretary may require as being necessary or appropriate for the
purposes of the plan.”
Section lO(a)(2)(B) of the Act mandates that the Secretary shall issue a permit if he finds “...after
opportunity for public comment, with respect to a permit application and the related conservation
plan that+) the taking will be incidental; (ii) the applicant will, to the maximum extent
practicable, minimize and mitigate the impacts of such taking; (iii) the applicant will assure that
adequate funding for the plan will be provided; (iv) the taking will not appreciably reduce the
likelihood of the survival and recovery of the species in the wild; and (v) the measures, if any,
required under subparagraph (A)(iv) will be met; and he has received such other assurances as he
may require that the plan will be implemented ...”
With regard to this specific project, permit actions, and section 1 O(a)(2)(B) requirements, the
Service makes the following findings:
A. The taking will be incidental
Direct impacts to Covered species and their habitats are anticipated to only occur as a result of
this action when each City within the MHCP applies for and receives an individual permit under
section 10(a)l(B) of the Act. Thus, no take5 of Covered species will occur associated with the
MHCP Subregional Plan. Here, the City of Carlsbad seeks authorization for incidental take
Because plants are not subject to the take prohibitions of the Act, section lO(a)(l)(B) of the Act does not
authorize the issuance of incidental take permits for plants. However, in discussing impacts to the Covered species
in general, the Service uses the term “take” to refer to both take of covered animal species and impacts to covered
plant species.
Subregional MHCP and Carlsbad Subarea Plan Findings 47
under section lO(a) 1 (B) of the Act. However, the take that will occur under the Carlsbad
Subarea Plan will be incidental to otherwise lawful activities. The activities for which incidental
take coverage are sought under the permits are public, residential, semi-industrial, and
commercial development and management, enhancement, and monitoring of reserves and
scientific collection associated with these activities. Any take of Covered species resulting from
the loss of habitat through its conversion to urban development; or through enhancement,
restoration and management of Preserve lands by the City will be incidental to, and not the
purpose of, these lawful activities.
No take is authorized for species that are fully protected under the California Fish and Game
Code. These species are: 1) California brown pelican; 2) American peregrine falcon; 3) Light-
footed clapper rail; and 4) California least tern. The Department acknowledges and agrees that if
the measures set forth in the HMP are fully complied with, the Covered Activities are not likely
to result in take of these species under the California Fish and Game Code. In addition, no take
is authorized for elegant terns and western snowy plovers.
B. The Permittee will, to the maximum extent practicable, minimize and mitigate the
impacts of taking of covered animal species and the effects to other Covered species
that may occur within the Permit Areas.
The Service finds that the City of Carlsbad will minimize and mitigate the impacts of take of the
Covered species to the maximum extent practicable. The City of Carlsbad has developed a
Subarea Plan and IA, pursuant to the incidental take permit requirements codified at 50 CFR
17.22(b)(l) and 50 CFR 17.32(b)(l), which require measures to minimize and mitigate the
effects of issuing the permits. Regarding the MHCP Subregional Plan, as noted above, the
MHCP does not authorize take of Covered species, take is solely associated with each
individuals city's subarea plan that requests a permit from the Service. However, the MHCP
Subregional Plan incorporates numerous measures to minimize and mitigate the potential adverse
affects to covered species that would be authorized under each of the proposed incidental take
permits, including that sought by the City of Carlsbad. Thus, these measures in the MHCP are
described along with any additional specific measures unique to the City of Carlsbad.
As discussed in detail in chapter 4 of the EISEIR, throughout all three documents of the MHCP
Subregional Plan, and Section 1 of these findings (Description of the Proposed Action),
mitigation for the impacts to covered species consists of a combination of avoidance,
minimization, habitat preservation, preserve design features and preserve management and
monitoring measures. As shown in Table 5, the proposed MHCP Plan will result in a 19,928-
acre preserve system configured to the maximum extent practicable in large blocks of
interconnected habitat and managed to maintain and enhance the net habitat value of the preserve
system. The amount of each vegetation community that will be conserved is summarized above
in the Analysis of Effects section of this document and in Table 3-3 of MHCP Volume 1.
Subregional MHCP and Carlsbad Subarea Plan Findings 48
Under the MHCP Subregional Plan, each take authorization holder will be required o apply
development regulations and mitigation guidelines to both public and private projects as
described in MHCP Volume 1, summarized in the Carlsbad Biological Opinion, and briefly
described in the Description of the MHCP Plan: Subregional MHCP Plan section of this
document.
For the City of Carlsbad, the HMP incorporates measures to minimize and mitigate the impact of
the take of Covered species in a manner consistent with provisions of the MHCP Plan and the
Act and incidental take permit regulations at 50 CFR Part 17. Overall, these measures are
discussed in the Carlsbad Biological Opinion, the February 2003 HMP, the IA, all three volumes
of the MHCP, and the EISEIR. As shown in Table 6, the proposed Subarea Plan will conserve
approximately 5,733 acres of habitat will be conserved within the City out of an existing 8,758
acres of habitat remaining in the City. An additional 308 acres of conservation (predominantly
coastal sage scrub) will occur outside of the City in the MHCP gnatcatcher core area. 745 acres
of disturbed lands will also be conserved within the City. Additionally, the Subarea Plan
includes measures to further minimize impacts to particularly sensitive biological resources,
including oak woodlands, the coastal California gnatcatcher, and habitat within the coastal zone.
The Carlsbad Subarea Plan increases conservation in the Subarea in a manner consistent with,
and that will contribute to the success of, the overall MHCP Subregional Plan. A discussion of
the Subarea Plan’s impacts on the Covered species and the basis for the Service’s conclusion that
the Subarea Plan minimizes and mitigates impacts to the Covered species to the maximum extent
practicable follows.
Species Analysis
To make the finding that the conservation measures included in the MHCP Subregional Plan and
City’s Subarea Plan minimize and mitigate the impacts of take to the maximum extent
practicable, the Service must first evaluate whether the conservation measures are rationally
related to the level of take anticipated under the Plan. In effect, the minimization and mitigation
measures need to offset the impacts of the taking by addressing the biological needs of the
Covered species in a manner that is commensurate with the impacts to the species allowed under
the Carlsbad subarea of the MHCP. The Service believes the level of minimization and
mitigation provided for in the City’s Subarea Plan compensates for the impacts of take6 of each
Covered species that will or could potentially occur under the Plan. The primary form of take of
each of the Covered species anticipated under the Subarea Plan is in the form of harm resulting
Plants are not subject to the take prohibitions of the Act and an incidental take permit is not 6
required for impacts to plants. However, in discussing impacts to the Covered species, seven of which
are plants, the Service uses the term “take” to refer to both take of covered animal species and loss of
covered plant species.
Subregional MHCP and Carlsbad Subarea Plan Findings 49
from the conversion of 3,025 acres of agricultural, disturbed, or natural habitat lands in Carlsbad
to urban development. "Harm" is defined in the Service's regulations as follows:
Harm ... means an act which actually kills or injures wildlife. Such act may include
significant habitat modification or degradation where it actually kills or injures wildlife
by significantly impairing essential behavioral patterns, including breeding, feeding or
sheltering. 50 C.F.R. 17.3.
Thus a loss of habitat, in and of itself, does not result in take; take results when the loss of habitat
causes injury or death to a species by significantly impairing an essential behavioral pattern of
the species. Having evaluated the effects to the Covered species of urban development resulting
in the loss of approximately 3,025 acres of land of varying habitat quality, the Service concludes
that for each of the Covered species, the level of take will be low. The Service further concludes
that with respect to all of the Covered species, the impacts of take will be effectively mitigated by
the creation of approximately 5,733 acres of Preserve lands managed specifically for the benefit
of the Covered species. This is because: 1) of the 43 Covered species with known occurrences
or suitable habitat, minimal or no take is anticipated for 26 species because either there are no
known occurrences, they occur in low numbers, or they solely occur in preserved areas; 2) for
those species with known occurrences or suitable habitat within the Carlsbad Subarea, sufficient
habitat remains available both within the City and outside of the City to satisfy the species'
essential behavioral needs; and 3) the habitat value of the managed reserve lands to the species is
greater than the value of the agricultural and unmanaged natural lands that will be converted to
urban development because management of the reserves will help eliminate the current
degradation of the habitat as well as restore habitat which should improve the overall value of the
habitat to the species. As a consequence, the loss of habitat resulting from the implementation of
the Carlsbad Subarea Plan is not expected to significantly impair the essential behavior patterns
of these species resulting in their injury or death @.e., is not expected to result in take of these
species, to a significant degree).
A summary of the minimization and mitigation of impacts for each of the species proposed for
coverage under the City's Subarea Plan and the species that would not receive coverage by the
City, but may be covered under other city's subarea plans in the future, is provided below. The
information in these summaries is from the Carlsbad Biological Opinion.
SPECIES FROM TABLE 1: These are species that the City will receive coverage immediately after
the permit is issued. Because take will only occur associated with the MHCP Subregional Plan
once a City receives a permit, we will be providing a take statement only for those animals
species as they relate to the Carlsbad Subarea Plan.
Chorizanthe orcuttiana (Orcutt's spineflower)
Orcutt's spineflower occurs in open patches of sandy soil or under the canopy edge of
surrounding perennial shrubs. Typically, these sandy openings in shrublands occur in relatively
Subregional MHCP and Carlsbad Subarea Plan Findings 50
flat areas at the toe of coastal bluffs. The soil type is mapped as Carlsbad gravelly loamy sand.
Associated species may include Torrey pine (Pinus torreyana ssp. torreyana), California
sagebrush (Artemisia californica), sage (Salvia spp.), California buckwheat (Eriogonum
fasciculatum) and goldenbrush (Haplopappus spp.).
The Orcutt’s spineflower has only one known occurrence within the MHCP. This location is in
Encinitas and is on preserved land. There are no known populations in the Carlsbad subarea.
This species occurs on open, sandy areas within southern maritime chaparral. In a recent
investigation of potential habitat for Orcutt’s spineflower researchers found that most of the
potential habitat in Carlsbad had already been lost to development.
The MHCP subregional plan requires the following conditions be met before a City can receive
coverage for this species:
1.
2.
3.
4.
5.
6.
7.
8.
At least five self-sustaining, distinct populations7 must be conserved within the species
geographic range (including 100 percent of extant populations and the majority of all
newly discovered, naturally occurring populations and artificially initiated populations)
before any loss is allowed
The MHCP Narrow Endemic Policy must be applied to any populations of this species,
including those already known and any found in the future.
All conserved populations must be managed for genetic considerations as a
metapopulation.
Fire management plans must be implemented for all conserved populations to promote
biological goals (e.g., germination if the species is determined to be fire-dependent) while
protecting individual plants and habitat from frequent or high-intensity fires and fire
suppression activities.
A seed bank must be established as a guarantee against extinction and to provide source
material for conservation and research activities. Collections should be based on
established guidelines and subject to seed availability. Collected seed should be stored at
an established seed bank facility (e.g., Rancho Santa Ana Botanic Garden).
Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials
to existing populations, while restoration may include site-specific habitat to
improvement activities. Unless analyses determine that there is no significant genetic
variation between populations, introduced plant materials must be from the parental
population or a population in proximity.
As part of the review process (e.g., CEQA) for individual projects within the MHCP area,
a qualified biologist must survey for this species in all potential habitat areas.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
The five self-sustaining populations do not necessarily need to be within the MHCP study area, but
do need to be situated within the known distributional range of this species andor within suitable
habitat (i.e., MSCP and MHCP study areas).
7
Subregional MHCP and Carlsbad Subarea Plan Findings 51
Self-sustaining populations are defined as those that retain genetic resources necessary to
undergo adaptive evolutionary change. Determination of a viable or self-sustaining population
shall be assessed through long-term monitoring (e.g., 5 to 10 years) and shall include
demographic measures (e.g., the number of individuals or viable seeds in a population is stable or
increasing over time) and genetic measures (e.g., changes in overall genetic diversity as measured
against a baseline genetic profile). Self-sustaining populations should contain a minimum of
1,000 individuals to reduce the risk of extinction from intrinsic or random events, unless research
or monitoring indicates that higher or lower population numbers are appropriate for this species.
In addition, self-sustaining populations should occur within blocks of natural habitat that are
large enough (ie., >50 acres) to support appropriate pollinators and buffer the conserved
population from edge effects.
Thus, the MHCP Subregional plan will only allow loss of this species after at least five self-
sustaining, distinct populations are conserved. Even after these populations are conserved, the
plan only allows for up to 20 percent loss through the narrow endemic policy.
There are no direct effects expected from the Carlsbad subarea plan because Orcutt’s spineflower
is not know from the Carlsbad subarea. If Orcutt’s spineflower is found in the subarea it will be
preserved. This plant is listed as one of the narrow endemic species. Because this plant is a
narrow endemic, new populations of this plant found within the preserve hardline and softline
areas will be completely preserved and populations found outside this area will be conserved at a
minimum of 80 percent.
Indirect effects would be addressed through the monitoring and management requirements
identified for this species.
The MHCP Subregional Plan and City’s Subarea Plan will not directly impact Orcutt’s
spineflower. The avoidance, minimization, and/or mitigation measures included in the MHCP
Subregional Plan and City’s Subarea Plan and the monitoring and management that will occur
consistent with the MHCP Management and Monitoring Plan (Volume 3) will reduce any
indirect impacts that may occur to this species. This species will also benefit from the habitat
that the MHCP Subregional Plan will preserve in perpetuity. This Preserve will be adaptively
managed, per the measures included in the MHCP Subregional Plan and the City’s Subarea Plan
which will further reduce the indirect effects and benefit the species.
Neither the MHCP or HMP is expected to impact known locations of this species. The
mitigation measures for this species are commensurate with the impacts because there are no
impacts to the one known location in MHCP; surveys will be conducted within suitable habitat;
61 percent of the suitable habitat in Carlsbad will be protected; the narrow endemic policy will
apply; and the HMP includes management and monitoring to reduce any indirect impacts that
may occur.
Subregional MHCP and Carlsbad Subarea Plan Findings 52
DudZeya blochmaniae ssp. bZochmaniae (Blochman’s dudleya)
Blochman’s dudleya is typically found on coastal bluffs in association with coastal scrub habitat.
It has also been reported on rocky or clay soils unsuitable for many other more common native
plants.
Blochman’s dudleya is known from three populations in the MHCP; two are in the City of
Oceanside and one location in the Carlsbad subarea. One of the locations in Oceanside is
considered a major population as well as a critical location. The population in Carlsbad is
considered a critical location. This population is located on the Heiatt property, just to the west
of Palomar airport. It is possible that other populations of this plant exist in Carlsbad in areas
that have not been specifically surveyed for this species. Because this plant is small and
ephemeral it is hard to detect and considered cryptic.
The MHCP subregional plan requires the following conditions be met before a City can receive
coverage for this species:
1.
2.
3.
4.
5.
The major and critical population in Oceanside must be conserved at a level consistent with
the critical location policy and managed as part of the preserve system.
Fire management plans must be implemented for all conserved populations to protect them
from frequent and high-intensity fires and fire suppression activities.
Declining populations in the FPA must be enhanced, and damaged habitat restored, if
determined necessary through monitoring. Enhancement may include introduction of plant
materials to existing populations, while restoration may include site-specific habitat to
improvement activities. Unless analyses determine that there is no significant genetic
variation between populations, introduced plant materials must be from the parental
population or a population in proximity.
As part of the project review process (e.g., CEQA) for individual projects within the MHCP
area, a qualified biologist must survey for this species in all potential habitat areas.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
In the MHCP planning area, three of the five point locations are within the FPA. However, any
points outside the FPA do not receive any protection. Overall 50 percent of the major
populations and 63 percent of critical locations of this species will be conserved via the FPA.
The major and critical population in Oceanside will be conserved under the critical location
policy. In addition, 309 acres (49 percent) of potential Blochman’s dudleya habitat will be
conserved by the MHCP.
The single known population of this plant in Carlsbad will not be directly impacted by the project
and is in an area that currently has funding for management. There is a possibility that new
populations of Blochman’s dudleya will be found as surveys are conducted on sites with suitable
habitat.
Subregional MHCP and Carlsbad Subarea Plan Findings 53
Indirect effects would be addressed through the monitoring and management requirements
identified for this species.
The MHCP Subregional Plan will directly impact Blochman’s dudleya. As much as 50 percent
of the population in Oceanside could be impacted, however, the critical location policy must be
applied and as a result, greater conservation should occur for this population. The MHCP
Subregional Plan will also impact up to 5 1 percent of habitat suitable for Blochman’s dudleya.
The City’s Subarea Plan will not directly impact Blochman’s dudleya, but up to 39 percent of
suitable habitat in the City will be directly impacted. The avoidance, minimization, and/or
mitigation measures included in the MHCP Subregional Plan and City’s Subarea Plan and the
monitoring and management that will occur consistent with the MHCP Management and
Monitoring Plan (Volume 3) will reduce any indirect impacts that may occur to this species.
This species will also benefit from the habitat that the MHCP Subregional Plan will preserve in
perpetuity. This Preserve will be adaptively managed, per the measures included in the MHCP
Subregional Plan and the City’s Subarea Plan which will further reduce the indirect effects and
benefit the species.
This species is known from approximately 20 occurrences in California and 5 in Baja California,
Mexico. The three occurrences within the MHCP and HMP comprise approximately 12 percent
of the total known species occurrences. Up to 5 1 percent of suitable habitat within the MHCP
and up to39 percent of suitable within the HMP will be directly impacted. The mitigation
measures for this species are commensurate with the impacts. Two of three known populations
in the MHCP are adequately conserved. Fifty percent of the major populations and 63 percent of
the critical locations are found within the FPA. Since all of the populations are in designated
critical locations, no more than 20 percent gross cumulative loss could occur in the major
population located in a critical location in the City of Oceanside. The City of Carlsbad will
conserve 100 percent of the population that occurs in the second critical location. In addition,
surveys will be conducted within suitable habitat; .6 1 percent of the suitable habitat in Carlsbad
will be protected; and the HMP includes management and monitoring to reduce any indirect
impacts that may occur.
Euphorbia misera (Cliff spurge)
Cliff spurge is found on rocky slopes and coastal bluffs in coastal scrub (e.g., coastal bluff scrub,
maritime succulent scrub, coastal sage scrub).
There is only one population known within the MHCP. The population is on the north edge of
Agua Hedionda Lagoon to the west of interstate 5 in the Carlsbad subarea. The population is
adjacent to the Windsong Shores property. This population is in a strip of land bordered by
water, roads and development. There is very little opportunity for this population to expand. It is
possible that this population provides a stepping-stone for genetic transfer between the
Subregional MHCP and Carlsbad Subarea Plan Findings 54
populations north and south of Carlsbad, outside of the MHCP. This population is not
considered major or a critical location.
The MHCP subregional plan requires the following conditions be met before a City can receive
coverage for this species:
1. Fire management plans must be implemented for all conserved populations to protect
them from frequent and high-intensity fires and fire suppression activities. If determined
necessary to maintain the population, develop fire management guidelines within
conserved areas that limit fire frequency and emergency access.
2. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
The population of cliff spurge will not be directly effected by the MHCP Subregional Plan or
City’s Subarea Plan because it is in the FPA and will be 100 percent conserved. It is possible that
this plant exists at on areas of coastal bluff habitat that have not been surveyed in detail.
Although most of the suitable habitat has already been developed, cliff spurge might be found on
the coastal slopes near the three lagoons in Carlsbad. The MHCP Subregional Plan will conserve
1,183 acres (69 percent) of potential cliff spurge habitat.
Indirect effects would be addressed through the monitoring and management requirements
identified for this species.
The MHCP Subregional Plan and City’s Subarea Plan will not directly impact cliff spurge
because the single population of cliff spurge will be 100 percent conserved and monitored and
managed in a fashion that will detect and minimize any negative impacts that are affecting cliff
spurge. The avoidance, minimization, and/or mitigation measures included in the MHCP
Subregional Plan and City’s Subarea Plan and the monitoring and management that will occur
consistent with the MHCP Management and Monitoring Plan (Volume 3) will reduce any
indirect impacts that may occur to this species. This species will also benefit from the habitat
that the MHCP Subregional Plan will preserve in perpetuity. This Preserve will be adaptively
managed, per the measures included in the MHCP Subregional Plan and the City’s Subarea Plan
which will further reduce the indirect effects and benefit the species.
Cliff spurge is found in Orange, Riverside, and San Diego counties; on San Clemente and Santa
Catalina islands in Los Angeles County; and on the mainland and Isla Guadalupe in Baja
California, Mexico. No impacts are expected to the only known population in the MHCP
planning area. The mitigation measures for this species are commensurate with the impacts
because there are no impacts to the one known location in MHCP; surveys will be conducted
within suitable habitat; 69 percent of the remaining suitable habitat and the one known location
in Carlsbad will be protected; and the HMP includes management and monitoring to reduce any
indirect impacts that may occur.
Hazardia orcuttii (Orcutt’s hazardia)
Subregional MHCP and Carlsbad Subarea Plan Findings 55
The Orcutt’s hazardia is associated with chaparral and coastal sage scrub on loamy alluvial soils
of the Huerhuero complex.
Orcutt’s hazardia is only known to occur naturally at one location in the MHCP. This single
population is located within the Manchester Preserve in Encinitas. Orcutt’s hazardia occurs in
chaparral, including southern maritime chaparral, and coastal sage scrub. There are 17,978 acres
of these habitat types in the MHCP planning area.
It is possible that Orcutt’s hazardia occurs in the Carlsbad subarea and has not yet been
discovered. If found in Carlsbad, Orcutt’s hazardia would likely be in southern maritime
chaparral or coastal sage scrub. It is possible that the preserve area in Carlsbad may provide
suitable habitat for future introductions of Orcutt’s hazardia.
The MHCP subregional plan requires the following conditions be met before a City can receive
coverage for this species:
The MHCP narrow endemic policy must be applied to any populations of this species,
including those already known and any found in the future.
Fire management plans must be implemented for all conserved populations to promote
biological goals (e.g., regeneration) while protecting individual plants and habitat from
frequent or high-intensity fires and fire suppression activities. Develop fire management
guidelines within conserved areas that incorporate controlled bums (or other fuel reduction
methods in urban areas), while limiting fire frequency and emergency access.
Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat to improvement
activities. Unless analyses determine that there is no significant genetic variation between
populations, introduced plant materials must be from the parental population or a population
in proximity.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
No impacts to this species will occur from the MHCP Subregional Plan because the population is
located within a preserve. In addition, the narrow endemic policy and critical location policy
must be applied to any populations of this species, including those already known and any found
in the future. The MHCP Subregional Plan will impact 34 percent of suitable Orcutt’s hazardia
habitat. The City’s Subarea Plan will not directly impact Orcutt’s hazardia because it is not
known from the Carlsbad subarea. If Orcutt’s hazardia is found in the subarea it will be
preserved via the narrow endemic species policy.
Indirect effects would be addressed through the monitoring and management requirements
identified for this species.
Subregional MHCP and Carlsbad Subarea Plan Findings 56
The MHCP Subregional Plan and the City’s Subarea Plan will not directly impact Orcutt’s
hazardia. However, The MHCP Subregional Plan will indirectly impact up to 34 percent of
habitat suitable for Orcutt’s hazardia, and the City’s Subarea Plan will indirectly impact up to 3 1
percent of suitable habitat within the City. The avoidance, minimization, and/or mitigation
measures included in the MHCP Subregional Plan and City’s Subarea Plan and the monitoring
and management that will occur consistent with the MHCP Management and Monitoring Plan
(Volume 3) will reduce any indirect impacts that may occur to this species. This species will also
benefit from the habitat that the MHCP Subregional Plan will preserve in perpetuity. This
Preserve will be adaptively managed, per the measures included in the MHCP Subregional Plan
and the City’s Subarea Plan which will further reduce the indirect effects and benefit the species.
The mitigation measures for this species are commensurate with the impacts because the one
known location in MHCP is conserved and there are no known locations in Carlsbad. In
addition, 69 percent of the suitable habitat in Carlsbad will be protected; surveys will be
conducted within suitable habitat, and if the species is found, the narrow endemic and critical
location policy must be applied; and the HMP includes management and monitoring to reduce
any indirect impacts that may occur.
Quercus dumosa (Nuttall’s scrub oak)
Nuttall’s scrub oak generally occurs in sandy soils near the coast, in association with chaparral
and coastal sage scrub at elevations less than 500 meters.
Nuttall’s scrub oak occurs in chaparral and coastal sage scrub in Carlsbad, Encinitas, and Solana
Beach. There are 16,980 acres of these habitats throughout the MHCP planning area. There are
three major populations of Nuttall’s scrub oak that occur within the MHCP. Two of the three
major populations occur in the Carlsbad subarea; one is in central Carlsbad and the other is on
the southwestern border with Encinitas. There is another population located on the City’s golf
course property and east of the Veteran’s Park property.
The population in central Carlsbad occurs on several properties. Among those are Carlsbad
Forum, Carlsbad Oaks North, Bressi Ranch, and the county property east of the airport. This
species lost several point locations in the development of Bressi Ranch and the Carlsbad Forum.
However, some of the Nuttall’s scrub oak on Bressi Ranch is now in a hardline preserve. Within
this central Carlsbad population there are point locations that occur on Carlsbad Oaks North and
two point locations west of El Camino Real.
The other major population is located on the boundary of Carlsbad and Encinitas. The portion of
this population that occurs in Carlsbad is located to the east of El Camino Real in a relatively
narrow strip of habitat. This strip of habitat is part of the existing preserve as the result of a
completed project.
Subregional MHCP and Carlsbad Subarea Plan Findings 57
The MHCP subregional plan requires the following conditions be met before a City can receive
coverage for this species:
1. The major population and critical location at Agua Hedionda in Carlsbad must be conserved
at a level consistent with the critical location policy and managed as part of the preserve
system.
2. Fire management plans must be implemented for all conserved populations to promote
biological goals (e.g., regeneration) while protecting individual plants and habitat from
frequent or high-intensity fires and fire suppression activities. Develop fire management
guidelines within conserved areas that incorporate controlled bums (or other fuel reduction
methods in urban areas), while limiting fire frequency and emergency access.
3. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
A majority (68 percent) of the species points in the MHCP planning area fall within the FPA.
Overall, 86 percent of major populations of this species will be conserved. Of the three major
and critical.populations, two will be 100 percent conserved and the third will be conserved at a
level consistent with the critical location policy due to the above conditions of coverage. The
MHCP plan conserves 1 1,140 acres (66 percent) of Nuttall’s scrub oak habitat. Any occurrences
found outside of the FPA will not be conserved per the MHCP, however, the City has a no-net-
loss of woodland policy that should benefit this species.
The majority of the point locations for Nuttall’s scrub oak in Carlsbad are in areas that are no
longer considered for the analysis of this plan because the impacts have already been permitted.
However, the population on the Golf Course property will be impacted by this plan since the
oaks occur outside of the hardline preserve; it is possible that some of the actual plants belonging
to this population are within the hardline preserve. Some individual plants in this population
occur east of the Veteran’s Park property. These individuals occur within the proposed hardline
preserve. Of the point locations that are part of the central Carlsbad and in the subarea, one is
located in a standards area and the other is in an area in the proposed hardline preserve. Within
the standards area there is a policy of no-net-loss of oak woodlands, which will provide
protection for the Nutall’s scrub oak in this area. Nearly all the major and critical locations are
within managed areas. The City does not currently have access and funds for the Green Valley
area, but only one occurrence is found here.
Indirect effects would be addressed through the monitoring and management requirements
identified for this species.
The MHCP Subregional Plan and City’s Subarea Plan will directly impact Nuttall’s scrub oak.
The MHCP allows losses of Nuttall’s scrub oak in the Cities of Carlsbad, Encinitas, and Solana
Beach and any newly found populations outside of the FPA. In the City of Carlsbad, it is unclear
the extent to which they will be impacted, but it is assumed they will be only partially impacted.
The MHCP Subregional Plan and City’s Subarea Plan will provide monitoring and management
of this species that will detect and minimize negative impacts that are Nuttall’s scrub oak. The
Subregional MHCP and Carlsbad Subarea Plan Findings 58
City will provide management and monitoring initially for nearly all of the major populations and
critical locations in the City. Additionally, this species should benefit from the connected
preserve system that will be managed and monitored in the City and throughout the MHCP in
perpetuity. This Preserve will be adaptively managed, per the measures included in the MHCP
Subregional Plan, which will further reduce the indirect effects and benefit the species.
Nuttall's scrub oak has a disjunct distribution that includes Santa Barbara, Orange, and San
Diego counties. The species also occurs southward along the coastal hills of Baja California,
Mexico to Punta Banda and the vicinity of San Vicente. Up to 44 percent of suitable habitat may
be lost in the MHPA. The full range of the species has yet to be defined and the MHCP
populations are a small percentage of the species known occurrences. The mitigation for this
species is commensurate with the impacts because two of the three major and critical populations
will be 100 percent conserved and the third will be adequately conserved consistent with the
critical location policy. More specifically, 68 percent of the known locations and 86 percent of
the major populations will be conserved in the MHCP; 66 percent of the potential habitat in
MHCP will be conserved; all of the major populations and 63 percent of the smaller populations
in Carlsbad will be conserved; and the preserve will be managed and monitored to minimize
indirect effects.
Panoguina errans (Salt marsh skipper)
The salt marsh skipper is restricted to coastal salt marshes and coastal estuaries. Adults are
commonly associated with seashore saltgrass (Distichlis spicata ssp. spicata), the dominant
larval host plant. Studies conducted at the Tijuana Estuary indicate that larvae occur at highest
frequency and density on saltgrass, but may be found rarely on cordgrass (Spartinafoliosa) and
Bermuda grass (Cynodon dactylon). The latter situation probably is the result of mistaken
oviposition by females. Due to the apparently tolerant and invasive nature or D. s. spicata,
occasional colonies of salt marsh skipper have persisted despite minimal habitat alteration. The
salt marsh skipper appears to prefer lower and wetter rather than drier areas of the salt marsh.
According to Busnardo, some of the most commonly used nectar sources for adults in the
Tijuana Estuary include introduced species such as heliotrope (Heliotropium cuwassavicum), sea
rocket (Cakile maritima), sea-fig (Carpobrotus spp.), and chrysanthemum (Chrysanthemum
coronarium); native species that act as nectar sources include deerweed (Lotus scoparius), salty
Susan (Jaumea carnosa), and fiankenia (Frankenia spp.).
Within the MHCP planning area, this species occurs in salt marsh and saltpan habitats within
Encinitas, Carlsbad, and Oceanside. Both adults and larvae are frequently associated with salt
grass (Distichlis spicata) but have also been observed in association with other plant species.
The salt marsh skipper occurs in salt marsh habitat associated with nearly every coastal lagoon in
San Diego County. The salt marsh and saltpan habitats in Encinitas, Carlsbad, and Oceanside are
considered major populations and critical locations.
Subregional MHCP and Carlsbad Subarea Plan Findings 59
Under the City’s Subarea Plan there are 15 1 acres of potentially suitable habitat (southern coastal
salt marsh). Population and distribution information for this species is limited within the
Subarea due to a lack of survey effort, but it has the potential to be present in salt marshes and
salt pans, especially since one observation of this species was documented at Aqua Hedionda
Lagoon.
The MHCP Subregional Plan requires that for a city to receive coverage for this species they
need to maintain natural tidal flushing of lagoons to maintain sufficient saltgrass habitat for the
species. Periodic dredging may be required to open lagoon mouths, as indicated by results of
monitoring.
The MHCP Subregional Plan will have little to no direct impacts to salt marsh skippers because
the one known population in Carlsbad will be conserved and the critical locations in Encinitas
and Oceanside are included in hardline preserve areas that will be 100 percent conserved.
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the fbture in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. A small
amount of additional habitat in the lagoons are also technically not in the mapped area of the
preserve, however, no projects are planned for this area by the City and 100 percent conservation
due to MHCP standards for avoidance, minimization, and mitigation of wetland impacts assure
no-net-loss of lagoon wetland habitat. However, impacts can occur to such wetland communities
as described in section 3.6 of MHCP Volume 1. Since such impacts would need to be fully
mitigated according to section 4.4.2 of MHCP Volume 1, no-net-loss of function or value will
occur in MHCP, although there could be a temporal loss of such functions and values. The
MHCP conditions for estuarine species and fact that all the lagoons are in the coastal zone, also
provide more protection to the lagoon areas. Due to these standards, any losses would only be
temporal and no net decrease in lagoon habitat (estuarine, salt marsh, etc.) would occur as a
result of the City’s Subarea Plan. In addition, direct take of animal species is expected to be
minimized because any areas proposed for disturbance would be avoided where MHCP species
are known to be present or nesting.
Specifically, indirect impacts to the salt marsh skippers could result from the degradation of salt
marsh habitats. Alterations to the hydraulic regime of salt marshes and degradation of water
quality (dredging, non-point source run-ofQ may impact the composition and abundance of
Subregional MHCP and Carlsbad Subarea Plan Findings 60
available host plants and nectar sources. Also, increased freshwater flow could decrease the
salinity of salt- or brackish-marshes, thus leading to degradation of necessary habitat. The
MHCP Subregional Plan addresses this issue in the condition for coverage described above. In
addition, the City’s Subarea Plan provides a basis for the conservation of this species and it’s
associated habitats. Specifically, Table 9 of the Subarea plan states:
Manage preserve areas to minimize edge effects, control invasive non-native plants,
maintain Saltmarsh hydrology and water quality, and protect Saltmarsh habitat from
physical disturbances. Where opportunities arise, restore and enhance habitat in preserve
areas. Control exotic plants. Preserve habitat adjacent to the lagoons to the maximum
extent possible.
The long-term preserve management plan shall provide area specific management
directives for salt marsh habitats, including specific adaptive management measures to
protect against detrimental edge effects from adjacent development, recreational impacts,
and other direct and indirect impacts.
Implementation of the Subarea plan does not address increasing the amount of tidal flushing in
Buena Vista Lagoon, which is necessary for this species survival. Buena Vista Lagoon is the
only coastal estuarine waterbody that does not currently posses this interaction.
We anticipate the MHCP Subregional Plan and the City’s Subarea Plan will directly and
indirectly affect this species. Nearly all of the salt marsh skipper habitat is within the FPA and it
should also be protected by the no-net-loss of wetland policy. The MHCP Subregional Plan and
City’s Subarea Plan ill provide monitoring and management of this species that will detect and
minimize negative impacts that are affecting salt marsh skippers. The City will provide
management and monitoring initially for all but one major population and critical location of this
species and once fimding is available, will manage and monitor all locations. Additionally, this
species should benefit from the connected preserve system that will be managed and monitored
in the City and throughout the MHCP in perpetuity. This Preserve will be adaptively managed,
per the measures included in the MHCP Subregional Plan, which will further reduce the indirect
effects and benefit the species.
There are no impacts to the one known location of this species in Carlsbad (and MHCP).
Surveys will be conducted within suitable habitat. Impacts to this species will be adequately
offset because 98 percent of the suitable habitat in MHCP will be protected and is located within
the coastal zone which means any impacts to the habitat will be temporal; and the HMP includes
management and monitoring to reduce any indirect impacts that may occur.
Euphyes vestris harbisoni (Harbison’s dun skipper)
The habitat occupied by the southern California population is remarkably dissimilar to that of all
other known populations of E. vestris. The southern California population is extremely local,
Subregional MHCP and Carlsbad Subarea Plan Findings 61
generally occurring in chaparral or riparian communities in narrow canyons where there is a seep
or spring providing perennial water. The oviposition substrate and larval host plant is San Diego
sedge, with which the adults are commonly associated. Adults are also attracted to nectar
sources which include morning glory (Calystegia macrostegia tenuifolia), red thistle (Cirsium
occidentale), loosestrife (Lythrum californicum), and rarely, golden yarrow (Eriophyllum
confertzflorum) and black mustard (Brassica nigra).
Within the MHCP planning area, Harbison’s dun skipper is known from north and east
Escondido and adjacent to south San Marcos (Elfin Forest area). The populations in Escondido
are considered major populations and critical locations.
Within the City of Carlsbad, population and distribution information for this subspecies is
limited due to a lack of survey effort. However, the Harbison’s dun skipper butterfly has an
unlikely presence in the Subarea and is not known to occur within 10 miles of the coast.
Connectivity of preferred habitat is scattered throughout the Subarea as oak woodland and
riparian areas are commonly disassociated from one another. The Subarea Plan contains
approximately 603 acres of suitable habitat for the subspecies.
The MHCP requires the following species specific conditions be met by a city to receive
coverage of this subspecies:
1. As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, a qualified biologist must survey, using approved survey techniques, all
areas containing suitable habitat (oak woodlands and riparian areas, especially those
supporting Carex spissa). Surveys shall be conducted when impacts could occur as a
result of direct or indirect impacts by placement of a project in or adjacent to suitable
habitat. Surveys should occur prior to any proposed impact both within and outside of
the FPA.
Projects within the FPA shall restrict activities that could degrade Harbison’s dun skipper
habitat by modifying stream flow, degrading water quality, or introducing nonnative
plants or predators into riparian systems.
Projects having direct or indirect impacts to Harbison’s dun skipper shall adhere to the
following measures to avoid or reduce impacts:
a.
2.
3.
Avoid and minimize removal of native vegetation to the maximum extent
practicable. Determination of adequate avoidance and minimization of impacts
shall be consistent with Sections 3.6 and 3.7 of the MHCP plan. Deviations from
these guidelines shall require written concurrence of the Service and Department.
For temporary impacts, the work site shall be returned to preexisting contours and
revegetated with appropriate native species. All revegetation shall occur at the
ratios specified in Section 4.3 of the MHCP plan. All revegetation plans shall be
prepared and implemented consistent with Appendix C (Revegetation Guidelines)
and shall require written concurrence of the Service and Department. If written
objections are not provided by the wildlife agencies within 30 days of receipt of
written request for concurrence by the local jurisdiction, then the deviation may
Subregional MHCP and Carlsbad Subarea Plan Findings 62
proceed as approved by the local agency. The wildlife agencies shall provide
written comments specifjmg wildlife agency concerns.
Projects shall be carried out consistent with Appendix B (Standard Best
Management Practices).
Maintain biological buffers of at least 100 feet adjacent to occupied Harbison’s
dun skipper habitat, measured from the outer edge of oak woodland or riparian
vegetation. Within this 1 00-foot buffer, no new development shall be allowed,
and the area shall be managed for natural biological values as part of the preserve
system. Buffers less than 100 feet shall require written concurrence of the Service
and Department within 30 days of receipt of request for written concurrence from
the local jurisdiction.
Where impacts cannot be totally avoided, larvae and possibly adults shall be
salvaged for relocation or other research or management purposes under guidance
of the wildlife agencies.
b.
c.
d.
4.
5.
Manage suitable unoccupied habitat to maintain or mimic effects of natural fluvial
processes (e.g., periodic substrate scouring and deposition).
Maintain natural riparian connections with upstream riparian habitat to ensure linkages to
suitable habitat within the North County MSCP Subarea and City of San Diego MSCP
Subarea.
Seventy-six percent of Harbison’s dun skipper habitat is within the FPA for the MHCP
Subregional Plan. In addition, all three point localities within the FPA. The critical locations
and major populations in the City of Escondido are included in hardline preserves and will be
100 percent conserved. Overall, the MHCP Subregional Plan will conserve 3,364 acres (95
percent) of suitable habitat for this subspecies due to the no-net-loss of wetland policy.
The City’s preserve design provides for conservation of 25 acres (86 percent) oak woodland and
494 acres (86 percent) riparian, with anticipated impacts to 2 acres (9 percent) oak woodland and
80 acres (14 percent) riparian as a result of this plan. We anticipate few direct impacts to this
subspecies based on the absence and improbability of this subspecies in the Subarea and the
amount of suitable habitat preserved.
Please note that the impacts to riparian vegetation identified above would be subject to the
MHCP standards for avoidance, minimization, and mitigation of wetland impacts to assure no-
net-loss of wetlands. Impacts can occur to such wetland communities as described in section 3.6
of MHCP Volume 1. Since such impacts would need to be fully mitigated according to section
4.4.2 of MHCP Volume 1 , no-net-loss of function or value will occur in MHCP, although there
could be a temporal loss of such functions and values.
Indirect effects would be addressed through the monitoring and management requirements
identified for this species. Management is expected to occur initially via lagoon management by
California Department of Fish and Game at Agua Hedionda Lagoon.
Subregional MHCP and Carlsbad Subarea Plan Findings 63
The MHCP Subregional Plan will directly and indirectly affect this species through habitat loss
from development. However, a majority (76 percent) of the Harbison’s dun skipper habitat is
within the FPA and it should also be protected by the no-net-loss of wetland policy. The City’s
Subarea Plan is not expected to directly affect this species since the species is not known to occur
in Carlsbad and there may not be any suitable habitat in the City. The MHCP Subregional Plan
and City’s Subarea Plan will provide monitoring and management of this subspecies that will
detect and minimize negative impacts that are affecting Harbison’s dun skippers. Additionally,
this subspecies should benefit from the connected preserve system that will be managed and
monitored in the City and throughout the MHCP in perpetuity. This Preserve will be adaptively
managed, per the measures included in the MHCP Subregional Plan, which will further reduce
the indirect effects and benefit the subspecies.
The Harbison’s dun skipper butterfly occurs throughout western San Diego County in scattered
and disjunct populations; however, its range is restricted in part by the distribution of the larval
host plant, San Diego sedge (Carex spissa). Its distribution in Baja California, Mexico is
unknown, but its host plant does occur there. Impacts to this species are expected to be low
because the critical locations and major populations in the City of Escondido are included in
hardline preserves and will be 100 percent conserved and 76 percent of Harbison’s dun skipper
habitat is within the FPA for the MHCP Subregional Plan. Therefore, the mitigation measures
for this species are commensurate with the impacts because the species is not known from
Carlsbad and has a low likelihood of ever occurring there; surveys will be conducted within
suitable habitat; 87 percent of the suitable habitat in Carlsbad will be protected; additional
protection will be afforded by the MHCP’s no-net-loss of wetland policy; and the MHCP and
HMP includes management and monitoring to reduce any indirect impacts that may occur.
Pelecanus occidentalis californicus (California brown pelican)
The California brown pelican is typically found in marine habitats which range from the open
ocean to inshore waters, estuaries, bays, and harbors. This species may also use large freshwater
lakes when they are near the coast (e.g., Sweetwater Reservoir). Pelicans commonly use
undisturbed beaches, breakwaters, and jetties near coastal bays as roosting areas and forage
nearby. They tend to breed on offshore islands and will nest on the ground or in small bushes
and trees.
The California brown pelican is a year round resident of coastal water bodies and beaches of
southern California, but is not known to have nesting colonies within the mainland of southern
California, including the City of Carlsbad (majority of nesting occurs on the Channel Islands).
While no local brown pelican breeding colonies are in close proximity to the MHCP planning
area, pelicans forage in the nearshore waters of the Pacific Ocean, and Aqua Hedionda Lagoon is
one of the known roosting areas. The lagoon systems and coastal habitat in the Subarea plays an
important role in the foraging and roosting needs of this species. Documented observations of
this species have been made at Buena Vista Lagoon, Aqua Hedionda Lagoon, San Elijo Lagoon
and Batiquitos Lagoon. The Carlsbad-Oceanside-Vista Annual Christmas Bird Count (which
Subregional MHCP and Carlsbad Subarea Plan Findings 64
includes all of the coastal areas of the Carlsbad Subarea, plus other areas outside of the Subarea),
yielded 475 California brown pelicans in 2002. The average number counted in this survey,
since 1970, has been 134 per year.
Aqua Hedionda Lagoon was initially dredged in 1954 to provide a source of cooling water for
San Diego Gas & Electric Company’s Encina Power Plant. Since 1954, the outer lagoon has
undergone periodic maintenance dredging, while no dredging had occurred in the middle and
inner lagoons. The outer lagoon is dredged every one to three years. Initial dredging, and the
ongoing maintenance dredging program, may have affected sediment deposition within the
lagoon, therefore affecting potential pelican roosting habitat.
Batiquitos Lagoon has also experienced extensive restoration, including dredging. Restoration of
this seasonal tidal waterbody was initiated in 1994 and completed in 1996. It resulted in the
continuous tidal exchange of Pacific Ocean waters. Dredge spoils were used as beach
nourishment north of the lagoon. The inlet channel to Batiquitos Lagoon was also dredged in
2000. Pelicans use the lagoon for roosting or loafing, and the restoration may have affected
pelican habitat.
Buena Vista, Agua Hedionda, and Batiquitos lagoons contain approximately 934 acres of
estuarine and salt marsh habitats that support or potentially support California brown pelicans
MHCP Subregional Plan requires the following condition be met for a city to receive coverage
for this species: No take of individuals, roosts, or nests is permitted for this fully protected
species. Reserve management must control access to avoid harassment in roost areas. Thus, the
MHCP subregional plan will not directly impact California brown pelicans. In addition, all
foraging habitat and all known location points in the study area are within the FPA. However,
the plan does allow some impacts to California brown pelican roosting and foraging habitat.
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. A small
amount of additional habitat in the lagoons are also technically not in the mapped area of the
preserve, however, no projects are planned for this area by the City and 100 percent conservation
due to MHCP standards for avoidance, minimization, and mitigation of wetland impacts assure
no-net-loss of lagoon wetland habitat. However, impacts can occur to such wetland communities
Subregional MHCP and Carlsbad Subarea Plan Findings 65
as described in section 3.6 of MHCP Volume 1. Since such impacts would need to be fully
mitigated according to section 4.4.2 of MHCP Volume 1 , no-net-loss of function or value will
occur in MHCP, although there could be a temporal loss of such fimctions and values. The
MHCP conditions for estuarine species and fact that all the lagoons are in the coastal zone, also
provide more protection to the lagoon areas. Due to these standards, any losses would only be
temporal and no net decrease in lagoon habitat (estuarine, salt marsh, etc.) would OCCUT as a
result of the City’s Subarea Plan. In addition, direct take of animal species is expected to be
minimized because any areas proposed for disturbance would be avoided where MHCP species
are known to be present or nesting. All of the suitable brown pelican roosting habitat on artificial
tern nesting islands and mud flats in the lagoons is included within the preserve. The preserve
includes nearly all of the open water in the lagoons, which may occasionally serve as pelican
foraging habitat. Therefore, we do not anticipate any direct impacts to California brown pelicans
within the planning area.
Indirect effects would be addressed through the monitoring and management requirements
identified for this species.
The Subarea plan provides a basis for the conservation of this species and its associated habitats
by requiring the following:
1. No take of individuals, roosts, or nests is permitted for this fully protected species.
Reserve management must control access to avoid harassment in roost areas.
2. Manage preserved areas to minimize contamination by pesticides, oil, and other
pollutants; reduce disturbances at important foraging and roosting areas, and maintain
lagoon hydrology and water quality (e.g.; 100 foot setback from existing wetland
habitats).
The long-term preserve management plan shall provide area-specific management
directives for the major resting areas at Agua Hedionda, Buena Vista and Batiquitos
Lagoons, including specific adaptive management measures to address water quality and
protect against detrimental edge effects from adjacent development, recreational impacts,
and other direct and indirect impacts.
Appendix E (Conditions for estuarine species) of the MHCP includes measures that must
be implemented to ensure coverage of species (including the California brown pelican)
dependent on estuarine habitats. These measures are intended to minimize indirect
impacts to pelicans and other estuarine species. Measures include regulation of adjacent
land use, recreational access, mosquito control, noise, vehicle access, potential pollutants,
access during breeding season, camping and picnicking; area-specific management
measures including fencing, animal and plant pest control, habitat enhancement and/or
creation, trash removal, erosion control, maintenance of tidal flushing; monitoring of
covered species populations, biodiversity, habitat area, effect of recreation on wildlife,
pest animal and plant populations, use by migratory birds, and success of restoration
efforts; and development of public awareness program including public participation in
management, development of community outreach programs, and improvement of trails
and facilities to focus public access.
3.
4.
Subregional MHCP and Carlsbad Subarea Plan Findings 66
We anticipate the proposed action will directly and indirectly affect this species as described in
the analyses above. However, the MHCP will not allow any take of this species due to its fully
protected status with the State. In addition the avoidance, minimization, and/or mitigation
measures included in the MHCP Subregional Plan and City’s Subarea Plan will reduce the
impacts to this species. The Preserve will be adaptively managed, per the measures included in
the MHCP Subregional Plan and City’s Subarea Plan which will further reduce the indirect
effects and benefit the species.
The avoidance and mitigation measures for this species are adequate to offset the impacts
because there is no take of California brown pelicans as a result of the MHCP Subregional and
City’s Subarea Plans due to the species fully protected status by the State; 100 percent
conservation of estuarine and salt marsh habitats; additional protection afforded from wetland
policies; and the HMP includes management and monitoring to reduce any indirect impacts that
may occur.
Plegadis chihi (White-faced ibis)
Migrant and wintering white-faced ibis may be found foraging in shallow lacustrine waters,
muddy ground of wet meadows, marshes, ponds, lakes, rivers, flooded fields, and estuaries. In
southern California, extensive marshes are required for nesting. The species prefers shallow,
grassy marshes and nests in dense, fresh emergent wetlands. In the southern San Joaquin Valley,
Ivey and Severson found this species breeding in flooded stands of saltcedar (Tarnarix spp.) and
Baltic rush (Juncus balticus). Cogswell noted that a variety of flooded agricultural fields are
used for feeding in California.
The white-faced ibis is an uncommon migrant and winter visitor to San Diego County. The
white-faced ibis has a relatively large range where it breeds from Oregon sporadically east to
Minnesota and south to southeastern New Mexico and Texas, and east to coastal Louisiana. It
winters from southern California and Gulf Coast of Texas and Louisiana to El Salvador. The
MHCP Subregional planning area and City’s Subarea Plan represents a very small portion of this
species range. Within the MHCP planning area, white-faced ibis breeding colonies occur in
Buena Vista Lagoon and Guajome Lake which are both major populations and critical locations.
They also occur in Batiquitos, and San Elijo lagoons where they are major populations. Location
data is limited, however, there is one occurrence in Solana Beach, Escondido and Encinitas and
seven occurrences in Oceanside within coastal salt marsh and freshwater marsh vegetation.
There are four occurrences in the City of Carlsbad and if the species continues its current
breeding range expansion, it may colonize appropriate nesting habitat in Carlsbad (e.g., Lake
Calavera). The plan area contains 1,366 acres of non-riparian wetlands, including freshwater
marsh, salt marsh, and estuarine habitats. Additionally, the plan area supports approximately
1,812 acres of agricultural fields. However, of this area, only the “panhandle” of Robertson
Ranch lies within the 100-year floodplain. Previously permitted actions will convert most of this
Subregional MHCP and Carlsbad Subarea Plan Findings 67
agricultural area to a detention basin and riparian forest; therefore, these potentially flooded
agricultural fields will not be available as foraging habitat for white-faced ibis.
The MHCP does not include any species-specific conditions for coverage of the white-faced ibis.
However, implementation of Conditions for Estuarine species in Appendix E of the MHCP is
required for coverage of other wetland-dependent species, and these measures are expected to
benefit white-faced ibis by reducing potential for human disturbance (especially near important
potential breeding areas such as Buena Vista Lagoon), degradation of water quality, and invasion
by exotic species. Appendix E includes measures that must be implemented to ensure coverage
of species dependent on estuarine habitats. Measures include regulation of adjacent land use,
recreational access, mosquito control, noise, vehicle access, potential pollutants, access during
breeding season, camping and picnicking; area-specific management measures including fencing,
animal and plant pest control, habitat enhancement and/or creation, trash removal, erosion
control, maintenance of tidal flushing; monitoring of covered species populations, biodiversity,
habitat area, effect of recreation on wildlife, pest animal and plant populations, use by migratory
birds, and success of restoration efforts; and development of public awareness program including
public participation in management, development of community outreach programs, and
improvement of trails and facilities to focus public access.
Not all of the location points are within the FPA. Only 50 percent are within the FPA in the City
of Encinitas and only 70 percent within the FPA in the City of Oceanside. However, 790 acres of
white-faced ibis suitable habitat will be conserved throughout the MHCP planning area.
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh.habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. 339
acres of southern coastal salt marsh and freshwater marsh vegetation communities constitute
potential habitat for white-faced ibis. A small amount of additional habitat in the lagoons are
also technically not in the mapped area of the preserve, however, no projects are planned for this
area by the City and 100 percent conservation due to MHCP standards for avoidance,
minimization, and mitigation of wetland impacts assure no-net-loss of lagoon wetland habitat.
However, impacts can occur to such wetland communities as described in section 3.6 of MHCP
Volume 1. Since such impacts would need to be fully mitigated according to section 4.4.2 of
MHCP Volume 1 , no-net-loss of function or value will occur in MHCP, although there could be
a temporal loss of such functions and values. The MHCP conditions for estuarine species and
Subregional MHCP and Carlsbad Subarea Plan Findings 68
fact that all the lagoons are in the coastal zone, also provide more protection to the lagoon areas.
Due to these standards, any losses would only be temporal and no net decrease in lagoon habitat
(estuarine, salt marsh, etc.) would occur as a result of the City’s Subarea Plan. In addition, direct
take of animal species is expected to be minimized because any areas proposed for disturbance
would be avoided where MHCP species are known to be present or nesting.
Indirect effects would be addressed through the monitoring and management requirements
identified for this species.
The MHCP Subregional Plan and City’s Subarea Plan will directly and indirectly affect this
species through habitat loss. However, a majority (78 percent) of the white-faced ibis species
points are within the FPA and it should also be protected by the conditions for estuarine species,
critical locations, and no-net-loss of wetland policies in the MHCP. In addition, this is a wide
ranging species with only a small percentage of the species range within the MHCP and the City
of Carlsbad. The MHCP Subregional Plan and City’s Subarea Plan ill provide monitoring and
management of this species that will detect and minimize negative impacts that are affecting
white-faced ibis. Additionally, this species should benefit from the connected preserve system
that will be managed and monitored in the City and throughout the MHCP in perpetuity. This
Preserve will be adaptively managed, per the measures included in the MHCP Subregional Plan,
which will further reduce the indirect effects and benefit the species.
The white-faced ibis is a wide ranging species that is an uncommon summer resident in sections
of southern California, a rare visitor in the Central Valley, and is more widespread in migration.
Only a small percentage of the species range is within the MHCP and HMP planning areas and
impacts are expected to be low. The mitigation measures for this species are adequate to offset
the impacts because there is 100 percent conservation of major populations at Batiquitos Lagoon
and a critical breeding population at Buena Vista Lagoon; 100 percent conservation of marsh
habitat; additional protection afforded from wetland policies; and the MHCP and HMP includes
management and monitoring to reduce any indirect impacts that may occur.
Accipiter cooperii (Cooper’s hawk)
The Cooper’s hawk breeds primarily in riparian areas and oak woodlands and is most common in
montane canyons. It frequents landscapes where wooded areas occur in patches and groves and
often uses patchy woodlands and edges with snags for perching and dense stands with moderate
crown-depths for nesting. The Cooper’s hawk tends to nest in forest patches with lower densities
of taller and larger trees and a greater proportion of hardwood cover than conifer. Migrant and
wintering birds are generally less selective in their choice of habitats and may be found with
regularity in developed (e.g., suburban) areas; however, Zeiner et al. noted that this species is
seldom found in areas without dense tree cover or patchy woodland habitat. Nests are generally
located on a horizontal limb of a pine or hardwood, near the trunk or in the crotch of a hardwood
tree species, usually 3 to 18 meters above the ground and occasionally in the old nest of a crow.
Within California, Cooper’s hawks use dense stands of live oak, riparian deciduous, or other
Subregional MHCP and Carlsbad Subarea Plan Findings 69
forest habitats near water most frequently, although they may also be found in eucalyptus
woodlands. Cooper’s hawks may forage in a wide variety of habitats in Carlsbad, including
riparian woodland, chaparral, coastal sage scrub, annual grassland, marsh, eucalyptus woodland,
and vegetated suburban areas. This species is known to nest in urban environments in areas with
mature trees, sometimes at higher densities than in exurban areas.
The Cooper’s hawk is distributed throughout much of the United States from southern Canada to
northern Mexico. It is a wide ranging species where the MHCP planning area and the City’s
subarea plan represent a very small portion of this species range. Furthermore, this species’ use
of habitat is largely opportunistic and generally depends on the food and other resources
available at a given location. There are location points for Cooper’s hawk in all of the MHCP
cities except Solana Beach. Potential breeding areas in the MHCP planning area include the San
Luis Rey River, Pilgrim Creek, and oak woodland habitats in San Marcos and Escondido. There
are no major populations in the MHCP, but the San Luis Rey River, Pilgrim Creek, and oak
woodland habitats in San Marcos and Escondido are considered critical locations. There are
1,807 acres of suitable (riparian forest, riparian woodlands, oak woodlands) Cooper’s hawk
habitat in the MHCP planning area. Habitats other than riparian and oak woodland are used as
foraging areas by this species.
Cooper’s hawks have been documented within the Subarea, in a variety of habitats, including oak
woodland and riparian areas. This species is not expected to have a high density in the Subarea
due to the scarcity of primary habitat constituents. Baseline information is lacking for the
Cooper’s hawk and it is not readily surveyed in the area. An influx of migrant birds increases
numbers during the non-breeding season. The Carlsbad-Oceanside-Vista Annual Christmas Bird
Count (which includes all of the coastal areas of the Carlsbad Subarea, plus other areas outside of
the Subarea), yielded 1 1 Cooper’s hawk. Since 1970 there has been an average of 11
documented per year in this count. Based on high densities of Cooper’s hawks observed in urban
areas by Boa1 and Mannan and Rosenfield et al. and the amount and distribution of suitable
nesting habitat (riparian woodland, riparian forest, oak woodland, and eucalyptus woodland) in
Carlsbad, we estimate the HMP area could support 5-10 nesting pairs.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, qualified biologists must survey all potential nesting areas during the nesting
season. Surveys shall be conducted when impacts could occur as a result of direct or
indirect impacts by placement of a project in or adjacent to suitable habitat. Preserve
areas must include 300-foot biological buffers around nest sites where feasible.
Avoid tree pruning activities in or near reserve areas during the breeding season (March 1
through July 3 1).
2.
Direct impacts to Cooper’s hawk are not expected from the MHCP Subregional Plan or the City’s
Subarea Plan due to breeding season restrictions and oak tree removal restrictions. However,
Subregional MHCP and Carlsbad Subarea Plan Findings 70
direct impacts will occur to suitable Cooper’s hawk nesting and foraging habitat throughout the
MHCP planning area.
The riparian woodlands will be conserved at 100 percent through the avoidance, minimization,
and mitigation of wetland impacts standards to ensure o-net-loss of wetlands. However, impacts
can occur to such wetland communities as described in section 3.6 of MHCP Volume 1. Since
such impacts would need to be fully mitigated according to section 4.4.2 of MHCP Volume 1 ,
no-net-loss of function or value will occur in MHCP, although there could be a temporal loss of
such functions and values. The MHCP will conserve 79 percent of oak woodlands throughout
the planning area. Overall, approximately 1,626 acres (90 percent) of suitable habitat is expected
to be conserved, including approximately 81 percent of critical areas in Escondido and San
Marcos. The FPA includes 34 of 57 point localities (60 percent) with many of the point localities
outside of the FPA representing observations of Cooper’s hawks flying over developed areas
between suitable habitats. The MHCP will also directly impact foraging habitat throughout the
planning area, however, 5,334 acres (62 percent) of coastal sage scrub and 1,687 acres (32
percent) of grassland will be conserved in the planning area.
The Subarea would allow impact to Cooper’s hawks’ primary nesting habitats through temporal
loss of up to 2 acres of oak woodland. The loss is considered temporal due to the City’s no-net-
loss of oak woodland policy. The City will also conserve 100 percent of riparian due to the
wetland standards for avoidance, minimization, and mitigation of wetland impacts to assure no-
net-loss of wetlands. However, impacts can occur to such wetland communities as described in
section 3.6 of MHCP Volume 1. Since such impacts would need to be fully mitigated according
to section 4.4.2 of MHCP Volume 1 , no-net-loss of function or value will occur in MHCP,
although there could be a temporal loss of such functions and values. The City requires the
following additional conservation condition to help minimize impacts to this species: In
Proposed Hardline Areas and Standards Areas with oak woodlands or oak riparian forest, surveys
shall be conducted for nesting Cooper’s Hawks. If the species is present, no direct impacts to oak
woodland or oak riparian forest shall be allowed in the nesting season, and a 300 ft. impact
avoidance area around active nest sites shall be maintained. The long-term preserve management
plan shall provide area-specific management directives for oak woodlands and oak riparian
forest, including specific adaptive management measures to protect against detrimental edge
effects from adjacent development, recreational impacts, and other direct and indirect impacts.
Because of the high degree of conservation of nesting habitat, the assurance of buffer zones
around active nest sites, and the avoidance of tree pruning in preserves during the breeding
season, we anticipate few direct impacts to this species.
Indirect impacts have the potential to adversely affect Cooper’s hawks within the Subarea. These
indirect impacts include habitat fragmentation, edge effects including increased human
disturbance, noise effects, disruption of the natural fire regime, changes in hydrology from
adjacent development, increased lighting, and the proliferation of exotic species, as generally
explained and applicable in the “General Indirect Effects” section. General indirect effects may
Subregional MHCP and Carlsbad Subarea Plan Findings 71
affect Cooper’s hawks or abundance and diversity of their prey. Cooper’s hawks may be
indirectly impacted by the degradation of riparian habitat by nuisance exotic species, decreases in
water quality, and edge effects produced by development. However, a majority of the areas with
Cooper’s hawk locality points will be managed by the City initially. All preserve areas will be
managed once funding, such as a regional funding source, is available.
The MHCP Subregional Plan and City’s Subarea Plan will indirectly affect this species through
habitat loss. No direct impacts are expected fiom the MHCP Subregional Plan or City’s Subarea
Plan due to breeding season conditions and oak removal restrictions. This species will benefit
from the no-net-loss of wetlands and critical locations policies and 90 percent of the Cooper’s
hawk suitable nesting habitat will be conserved. The MHCP Subregional Plan and City’s
Subarea Plan ill provide monitoring and management of this species that will detect and
minimize negative impacts that are affecting Cooper’s hawk. Additionally, this species will
benefit from a foraging aspect by the connected preserve system that will be managed and
monitored in the City and throughout the MHCP in perpetuity. This Preserve will be adaptively
managed, per the measures included in the MHCP Subregional Plan, which will further reduce
the indirect effects and benefit the species.
The Cooper’s hawk is a wide ranging species. The MHCP planning area and the City’s subarea
plan represent a very small portion of its range. Direct impacts to Cooper’s hawk are not
expected from the MHCP Subregional Plan or the City’s Subarea Plan due to breeding season
restrictions and oak tree removal restrictions, but direct impacts will occur to a small amount of
suitable Cooper’s hawk nesting and foraging habitat. The mitigation measures for this species
are adequate to offset the impacts because direct impacts are not expected due to breeding season
and oak tree removal restrictions; 90 percent of their habitat will be conserved in the MHCP
planning area and 87 percent within the City of Carlsbad; the species will benefit from the no-
net-loss of wetland and wetland buffer policies; and the HMP includes management and
monitoring to reduce any indirect impacts that may occur.
Pandion haliaetus (Osprey)
Ospreys are found only in association with lakes, coastal estuaries, reservoirs, or large rivers,
though they are known to forage occasionally in near-shore ocean waters. Ospreys nest near
these habitats in large dead-topped trees, snags, cliffs, and man-made structures that can support
their large stick nests. During the breeding season, ospreys generally restrict their movements to
activities in and around the nest site, and between the nest and foraging sites.
Within the MHCP planning area, ospreys have been recorded in Ck-lsbad, Encinitas, Escondido,
and Oceanside at Agua Hedionda Lagoon, Buena Vista Lagoon, Batiquitos Lagoon, San Elijo
Lagoon, the San Luis Rey River, and Lake Hodges. Ospreys, which may nest at Lake Wohlford,
have recently been sighted using Dixon Reservoir in Escondido. There are no major populations
of ospreys in MHCP, but all the coastal lagoons and estuaries are considered critical foraging
areas.
Subregional MHCP and Carlsbad Subarea Plan Findings 72
Osprey remain today an uncommon fall and winter visitor and rare in the spring and summer.
This species is frequently observed at Aqua Hedionda and Batiquitos Lagoons, however there
have been no observations of nesting in the area. Species-specific survey data for the MHCP
plan area is generally not available for this species. The Carlsbad-Oceanside-Vista Annual
Christmas Bird Count (which includes all of the coastal areas of the Carlsbad Subarea, plus other
areas outside of the Subarea), yielded 8 osprey in 2002. Since 1974 there has been an average of
4 documented per year during this count. Osprey occur regularly in the HMP area at San Elijo
and Batiquitos Lagoons, Information regarding this species is otherwise lacking and population
numbers are not available due to sporadic and low survey effort. Of eight documented
observations of this species within the Subarea, all but one (near Escondido Creek) are associated
with lagoons or the San Luis Rey River. The majority of land surrounding the osprey’s preferred
habitat has been developed, while maintenance projects are still active within the lagoons
themselves.
The lagoon systems and coastal habitat in the Subarea play an important role in the foraging
behavior of this species. Agua Hedionda Lagoon was initially dredged in 1954 to provide a
source of cooling water for San Diego Gas & Electric Company’s Encina Power Plant. Since
1954, the outer lagoon has undergone periodic maintenance dredging, while no dredging had
occurred in the middle and inner lagoons. The outer lagoon is dredged every one to three years.
In 1998 SDG&E was permitted to dredge Agua Hedionda’s middle and inner lagoons and
discharge the dredged material (spoil) on the Encina Power Plant jetty and a borrow pit created in
the lagoon. The resultant changes in water depth may have affected availability of prey for
osprey.
Also, Batiquitos Lagoon has experienced extensive restoration, including dredging. Restoration
of this seasonal tidal waterbody was initiated in 1994 and completed in 1996. It resulted in the
continuous tidal exchange of Pacific Ocean waters. Dredge spoils were used as beach
nourishment north of the lagoon. The inlet channel to Batiquitos Lagoon was also dredged in
2000.
Buena Vista, Agua Hedionda, and Batiquitos lagoons contain approximately 934 acres of
estuarine and salt marsh habitat that support or potentially support the osprey. All suitable
osprey foraging habitat in the HMP area (open water in Batiquitos, Agua Hedionda, and Buena
Vista lagoons, and Lake Calavera) is included within the preserve.
The MHCP Subregional Plan has no conditions of coverage for this species. However, all 1,399
acres of the potential foraging habitat and 90 percent of the known location points in the study
area will be conserved. In addition, Appendix E (Conditions for estuarine species) of the MHCP
includes measures that must be implemented to ensure coverage of species dependent on
estuarine habitats. Due to the no-net-loss of wetland policy, maximum conservation of the
lagoon and marsh ecological communities, and it is possible that most suitable nesting areas will
be within the 100 foot buffer zone of lakes, lagoons, estuaries, and riparian areas that will be
conserved, no direct impacts to ospreys are expected from the MHCP Subregional Plan.
Subregional MHCP and Carlsbad Subarea Plan Findings 73
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. A small
amount of additional habitat in the lagoons are also technically not in the mapped area of the
preserve, however, no projects are planned for this area by the City and 100 percent consevation
due to MHCP standards for avoidance, minimization, and mitigation of wetland impacts assure
no-net-loss of lagoon wetland habitat. However, impacts can occur to such wetland communities
as described in section 3.6 of MHCP Volume 1. Since such impacts would need to be fully
mitigated according to section 4.4.2 of MHCP Volume 1, no-net-loss of function or value will
occur in MHCP, although there could be a temporal loss of such functions and values. The
MHCP conditions for estuarine species and fact that all the lagoons are in the coastal zone, also
provide more protection to the lagoon areas. Due to these standards, any losses would only be
temporal and no net decrease in lagoon habitat (estuarine, salt marsh, etc.) would occur as a
result of the City’s Subarea Plan. In addition, direct take of animal species is expected to be
minimized because any areas proposed for disturbance would be avoided where MHCP species
are known to be present or nesting.
The open water in Batiquitos, Agua Hedionda, and Buena Vista lagoons, and Lake Calavera
includes all suitable osprey foraging habitat in the HMP. Therefore, we anticipate no direct
impacts to osprey as a result of the Subarea plan. Suitable nest substrates are not mapped, and
are difficult to quantify. However, because osprey characteristically locate nests close to suitable
foraging habitat, suitable nest substrates are likely to be conserved in wetland buffer zones.
The following specific management ,measures will be implemented to minimize impacts to this
species (see Table 9 of the City’s Subarea Plan):
1. Manage preserve areas to maintain lagoon hydrology and water quality and restrict
activities that would disturb nesting. Consider provision of nesting platforms adjacent to
foraging areas as part of detailed management plan.
The long-term preserve management plan shall provide area-specific management
directives for foraging areas at Agua Hedionda, Batiquitos and Buena Vista Lagoons and
upstream freshwater marsh habitats, including specific adaptive management measures to
address water quality and protect against detrimental edge effects from adjacent
development, recreational impacts, and other direct and indirect impacts.
2.
Subregional MHCP and Carlsbad Subarea Plan Findings 74
These measures along with those in Appendix E of the MHCP will be implemented, to minimize
indirect impacts to osprey and other estuarine species. Management is expected to occur initially
via lagoon management by California Department of Fish and Game.
The MHCP Subregional Plan and City’s Subarea Plan will indirectly affect this species as
described above. No direct impacts are expected f?om the MHCP Subregional Plan or City’s
Subarea Plan due to 100 percent conservation at the coastal lagoons and estuaries. This species
will benefit from the no-net-loss of wetlands, wetland buffer and critical locations policies and
90 percent of the known location points will be conserved. The MHCP Subregional Plan and
City’s Subarea Plan will provide monitoring and management of this species that will detect and
minimize negative impacts that are affecting ospreys. Additionally, this species will benefit from
a foraging aspect by the connected preserve system that will be managed and monitored in the
City and throughout the MHCP in perpetuity. This Preserve will be adaptively managed, per the
measures included in the MHCP Subregional Plan, which will further reduce the indirect effects
and benefit the species.
There are no major populations of ospreys in the MHCP planning area and they are an
uncommon fall and winter visitor and rare in spring and summer. All the coastal lagoons and
estuaries are considered critical foraging areas. The mitigation measures for this species are
adequate to offset the impacts because direct impacts are not expected; 100 percent of their
habitat, including the one known point location, will be conserved in MHCP; the species will
benefit from the no-net-loss of wetland and wetland buffer policies; and the HMP includes
management and monitoring to reduce any indirect impacts that may occur.
FaZco peregrinus anatum (American peregrine falcon)
Peregrine falcons are found in a large variety of open habitats, including tundra, marshes,
seacoasts, savannahs and high mountains. The species breeds mostly in woodland, forest, and
coastal habitats. Riparian areas and coastal and inland wetlands are important habitats year-long,
especially in the non-breeding seasons. During migration, the peregrine falcon frequents
seacoasts, marshes, lakes, and ponds with high concentrations of waterfowl, shorebirds, and other
birds. Like many other migratory birds of prey, during migration, peregrine falcons often travel
along mountain ridges on both eastern and western coastlines. Within southern California,
peregrine falcons are primarily found at coastal estuaries and inland oases. Nesting habitat
usually consists of a cliff, or series of cliffs, generally 60 to 90 meters in height. Mountain
valleys and river gorges with precipitous cliffs also are preferred nest sites. Nest sites are
generally located below 2,900 meters. An adequate food source is normally found within 16
kilometers of the nest site. Peregrine falcons typically hunt within 16-32 kilometers of nesting
sites. Important hunting areas are wetlands and riparian habitats; meadows and parklands; crop
lands such as hayfields, grainfields and orchards; and areas such as gorges, mountain valleys and
lakes over which prey are vulnerable.
Subregional MHCP and Carlsbad Subarea Plan Findings 75
Peregrine falcons have been detected in Carlsbad, Encinitas, and Escondido foraging at
Batiquitos Lagoon, Lake Hodges, and the San Pasqual Valley, but have not been known to nest
there. There are no major populations in the MHCP; however, all coastal wetlands and lagoons
are considered critical locations for foraging. There is 4,574 acres of suitable peregrine falcon
habitat (estuarine, marsh, and riparian vegetation) in the MHCP planning area.
The City of Carlsbad includes 1,856 acres of grassland, 574 acres of riparian habitat, and 1,366
acres of marsh. Though the aforementioned habitat types are the most likely to be used for
foraging, peregrines may also forage over the 3,315 acres of coastal sage scrub, 968 acres of
chaparral, 392 acres of southern maritime chaparral, 29 acres of oak woodland, 258 acres of
eucalyptus woodland, and 1,812 acres of agricultural areas in the plan area. Agricultural areas
within the plan area are primarily in 2 large blocks. There are approximately 285 acres of
agricultural land on Robertson Ranch, and 400-500 acres in the block that lies between the
Tchang property and Holly Springs, consisting of several properties, including the Cantarini,
Mandana, and Kat0 properties.
Though peregrines may forage in the sky over any habitat in the MHCP area, Coastal lagoons are
the most important peregrine falcon habitat in the subregion. There have been documented
observations at Buena Vista Lagoon, Buena Vista Creek, and Batiquitos Lagoon. Service
personnel have observed peregrine falcons at Batiquitos and San Elijo Lagoons, Bressi Ranch,
Carlsbad Oaks North, and the site of the proposed municipal golf course. The Subarea provides
good foraging habitat (coastal lagoons), but lacks suitable topography in undisturbed areas for
nesting. Carlsbad has the potential to support nesting peregrines in the future if suitable tall
buildings are constructed. Agricultural areas provide an alternative foraging area. Peregrines
have been observed foraging at Bressi Ranch, but this site has been recently permitted for
development. Current survey information is lacking for this species, but within the Subarea and
the MHCP, foraging and wintering grounds are still available.
The MHCP Subregional Plan requires that no take of individuals or nests, including by
harassment, is allowed for this state Fully Protected species. Thus, no direct impacts are
expected from the plan. In addition, 100 percent of the 4,574 acres of coastal lagoon habitat will
be conserved under the MHCP.
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat) which could be suitable peregrine falcon foraging habitat. Of this amount,
approximately 917 acres (98 percent) are in the preserve [777 acres of estuarine (99 percent) and
140 acres (93 percent) of coastal salt marsh]. There are approximately 5.5 acres of open water in
Batiquitos Lagoon and 3 acres of open water in Agua Hedionda Lagoon associated with the
Interstate 5 right-of-way, which are not included in the preserve since the City does not have
ultimate control of these areas. The State Route 101 and railroad rights-of-way across Buena
Vista Lagoon are also not included in the preserve. There are no projects proposed for this area,
however, impacts may occur in the hture in the right-of-ways due to projects such as road
Subregional MHCP and Carlsbad Subarea Plan Findings 76
widening which would be beyond the control of the City. Such impacts would be analyzed and
permitted under a different mechanism than the MHCP. 339 acres of southern coastal salt marsh
and freshwater marsh vegetation communities constitute potential habitat for white-faced ibis. A
small amount of additional habitat in the lagoons are also technically not in the mapped area of
the preserve, however, no projects are planned for this area by the City and 100 percent
conservation due to MHCP standards for avoidance, minimization, and mitigation of wetland
impacts assure no-net-loss of lagoon wetland habitat. However, impacts can occur to such
wetland communities as described in section 3.6 of MHCP Volume 1. Since such impacts would
need to be fully mitigated according to section 4.4.2 of MHCP Volume 1, no-net-loss of function
or value will occur in MHCP, although there could be a temporal loss of such functions and
values. The MHCP conditions for estuarine species and fact that all the lagoons are in the coastal
zone, also provide more protection to the lagoon areas. Due to these standards, any losses would
only be temporal and no net decrease in lagoon habitat (estuarine, salt marsh, etc.) would occur
as a result of the City’s Subarea Plan. In addition, direct take of animal species is expected to be
minimized because any areas proposed for disturbance would be avoided where MHCP species
are known to be present or nesting.
Implementation of the plan may result in impacts to 3,025 acres of undeveloped wildlife habitat
that may be used by peregrine falcons, including 1,176 acres of coastal sage scrub, 292 acres of
chaparral, 50 acres of southern maritime chaparral, 80 acres of riparian, 5 acres of oak woodland,
1 14 acres of marsh, 159 acres of eucalyptus woodland, and 1,149 acres of grassland. Conversely,
2,139 acres of coastal sage scrub, 676 acres of chaparral, 342 acres of southern maritime
chaparral, 24 acres of oak woodland, 494 acres of riparian, 1,252 acres of marsh, 99 acres of
eucalyptus woodland, and 707 acres of grassland would be preserved. Though the amount of
agricultural land that would be potentially impacted by the plan is not quantified, the large blocks
of agricultural land in the plan area will probably be converted primarily to urban uses.
However, the American peregrine falcon is a fully protected species by the State and no take will
be permitted for this species.
Appendix E (Conditions for estuarine species) of the MHCP includes measures that must be
implemented to ensure coverage of species dependent on estuarine habitats (e.g., California least
tern, light-footed clapper rail, western snowy plover, Belding’s savannah sparrow, etc.). These
measures are intended to minimize indirect impacts to estuarine species. Though these measures
are not explicitly required for coverage of the peregrine falcon under the HMP, they are required
for coverage of the species mentioned above, and peregrines are likely to benefit from their
implementation. Measures include regulation of adjacent land use, recreational access, mosquito
control, noise, vehicle access, potential pollutants, access during breeding season, camping and
picnicking; area-specific management measures including fencing, animal and plant pest control,
habitat enhancement and/or creation, trash removal, erosion control, maintenance of tidal
flushing; monitoring of covered species populations, biodiversity, habitat area, effect of
recreation on wildlife, pest animal and plant populations, use by migratory birds, and success of
restoration efforts; and development of public awareness program including public participation
Subregional MHCP and Carlsbad Subarea Plan Findings 77
in management, development of community outreach programs, and improvement of trails and
facilities to focus public access.
Management is expected to occur initially since all species points in the City are within managed
areas, such as the lagoons by California Department of Fish and Game.
The MHCP Subregional Plan and City’s Subarea Plan will indirectly affect this species as
described above. No direct impacts are expected from the MHCP Subregional Plan or City’s
Subarea Plan due to 100 percent conservation at the coastal lagoons, estuaries, and riparian and
because the MHCP will not allow any take of this species due to its fully protected status with
the State. This species will benefit from the no-net-loss of wetlands, wetland buffer and critical
locations policies. The MHCP Subregional Plan and City’s Subarea Plan will provide
monitoring and management of this species that will detect and minimize negative impacts that
are affecting peregrine falcons. Additionally, this species will benefit from a foraging aspect by
the connected preserve system that will be managed and monitored in the City and throughout
the MHCP in perpetuity. This Preserve will be adaptively managed, per the measures included in
the MHCP Subregional Plan, which will further reduce the indirect effects and benefit the
species.
The avoidance and mitigation measures for this species are adequate to offset the impacts
because there is no take of American peregrine falcons as a result of the MHCP Subregional and
City’s Subarea Plans due to the species fully protected status by the State; 100 percent
conservation of estuarine and salt marsh habitats; additional protection afforded from wetland
policies; and the HMP includes management and monitoring to reduce any indirect impacts that
may occur.
RaZZus Zongirostris Zevipes (Light-footed clapper rail)
The light-footed clapper rail uses coastal salt marshes, lagoons, and their maritime environs. The
birds nest in the lower littoral zone of coastal salt marshes where dense stands of cordgrass
(Spartinafoliosa) are present, occasionally in pickleweed (Salicornia virginica). Nesting habitat
includes tall, dense cordgrass in the low littoral zone, wrack deposits in the low marsh zone, and
hummocks of high marsh within the low marsh zone. Fringing areas of high marsh serve refugia
during high tides. Although used infrequently, this habitat may be extremely important at
reducing mortality during high tides. Light-footed clapper rails have also been known to reside
and nest in freshwater marshes, although this is not common. They require shallow water and
mudflats for foraging, with adjacent higher vegetation for cover during high water.
Within the MHCP planning area, major populations of clapper rails occur in San Elijo,
Batiquitos, Agua Hedionda, and Buena Vista lagoons. Within the MHCP area, clapper rails also
occur at the mouth of the San Luis Rey River and at San Elijo Lagoon, where surveys between
1990-2001 detected 1-8 pairs. Due to the species rarity, all populations at the lagoons are
Subregional MHCP and Carlsbad Subarea Plan Findings 78
considered major and critical locations. There is 272 acres of suitable clapper rail habitat
(southern coastal salt marsh vegetation) in the MHCP planning area.
In the City of Carlsbad, Buena Vista, Agua Hedionda, and Batiquitos lagoons support
approximately 15 1 acres of southern coastal salt marsh habitat. Yearly surveys initially
documented pairs and single birds in 1980 at Aqua Hedionda Lagoon, with no presence
Batiquitos or Buena Vista lagoons. The number of birds within the subareas had declined to zero
by 1986. In 1990 unpaired rails (population sizes unknown) were documented in Buena Vista
Lagoon and Batiquitos Lagoon, while rails were not found in Agua Hedionda Lagoon until 1997.
Breeding pairs were first recorded in the Subarea in 199 1 at Buena Vista Lagoon. In 1997 the
total population at all Subarea lagoons reached a total of 10 pairs (minimum of 21 individuals)
and in 2002 there were 14 pairs (30 individuals).
Previous impacts to rails may have resulted from the dredging of Aqua Hedionda Lagoon. It was
initially dredged in 1954 to provide a source of cooling water for San Diego Gas & Electric
Company’s Encina Power Plant. Since 1954, the outer lagoon undergone periodic maintenance
dredging, while no dredging had occurred in the middle and inner lagoons. The outer lagoon is
dredged every one to three years. In 1998 SDG&E was permitted to dredge Aqua Hedionda’s
middle and inner lagoons and discharge the dredged material (spoil) on the Encina Power Plant
jetty and a borrow pit created in the lagoon. Potential impact to cattail habitat occupied by the
light footed clapper rails resulting from increased salinity levels was offset by SDG&E by the
reintroduction of cordgrass near the mouth of Aqua Hedionda Creek.
Batiquitos Lagoon has also experienced extensive restoration. Restoration of this seasonal tidal
waterbody was initiated in 1994 and completed in 1996. It resulted in the continuous tidal
exchange of Pacific Ocean waters. Since re-establishment of tidal influence, clapper rails have
colonized Batiquitos lagoon. The inlet channel to Batiquitos Lagoon was dredged in 2000. The
areas adjacent to the Subarea lagoons have been extensively developed.
The MHCP Subregional Plan requires no take of individuals, roosts, or nests, including
harassment, for this fully protected species. In addition, the following condition must be met for
a city to receive coverage for this species: As part of the project review process (e.g., CEQA) for
individual projects within the MHCP area, a qualified biologist possessing a Section lO(a)l(A)
research permit for this species must survey all areas containing suitable habitat for this species
using approved survey protocols. Any take of habitat must be mitigated in part by creating or
enhancing light-footed clapper rail habitat and/or establishing new populations in reserve areas.
Possible restoration and enhancement actions include revegetation of cordgrass and pickleweed
vegetation, and providing nesting platforms in potential nesting habitat. All of the coastal
lagoons within the MHCP planning area will be 100 percent conserved and the conditions for
estuarine species (MHCP Appendix E) would benefit this species.
In Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
Subregional MHCP and Carlsbad Subarea Plan Findings 79
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. 339
acres of southern coastal salt marsh and freshwater marsh vegetation communities constitute
potential habitat for white-faced ibis. A small amount of additional habitat in the lagoons are
also technically not in the mapped area of the preserve, however, no projects are planned for this
area by the City and 100 percent conservation due to MHCP standards for avoidance,
minimization, and mitigation of wetland impacts assure no-net-loss of lagoon wetland habitat.
However, impacts can occur to such wetland communities as described in section 3.6 of MHCP
Volume 1. Since such impacts would need to be fully mitigated according to section 4.4.2 of
MHCP Volume 1 , no-net-loss of function or value will occur in MHCP, although there could be
a temporal loss of such functions and values. The MHCP conditions for estuarine species and
fact that all the lagoons are in the coastal zone, also provide more protection to the lagoon areas.
Due to these standards, any losses would only be temporal and no net decrease in lagoon habitat
(estuarine, salt marsh, etc.) would occur as a result of the City’s Subarea Plan. In addition, direct
take of animal species is expected to be minimized because any areas proposed for disturbance
would be avoided where MHCP species are known to be present or nesting.
The Subarea plan provides a basis for the conservation of this species and its associated habitats
by requiring the following:
1. Manage preserve areas to control non-native plants, maintain hydrology and water
quality, control predators, and restrict physical disturbances. Where opportunities arise,
restore and enhance habitat in preserved areas. Restrict human activity near nesting
habitat during the breeding season (April 1 through August 3 1). Where appropriate,
introduce Clapper Rails into suitable, unoccupied habitat. Pursue experimental cordgrass
reintroduction at Batiquitos Lagoon.
Appendix E (Conditions for estuarine species) of the MHCP includes measures that must
be implemented to ensure coverage of species (including the light-footed clapper rail)
dependent on estuarine habitats. These measures are intended to minimize indirect
impacts to rails and other estuarine species. Measures include regulation of adjacent land
use, recreational access, mosquito control, noise, vehicle access, potential pollutants,
access during breeding season, camping and picnicking; area-specific management
measures including fencing, animal and plant pest control, habitat enhancement andor
creation, trash removal, erosion control, maintenance of tidal flushing; monitoring of
covered species populations, biodiversity, habitat area, effect of recreation on wildlife,
pest animal and plant populations, use by migratory birds, and success of restoration
efforts; and development of public awareness program including public participation in
2.
Subregional MHCP and Carlsbad Subarea Plan Findings 80
management, development of community outreach programs, and improvement of trails
and facilities to focus public access.
Maintenance of tidal flushing, as a required condition for estuarine species, will help to avoid
reproductive failure of rails such as that which occurred concurrently with the closure of the
mouth of the Tijuana River in 1985. In addition, management will begin initially for this species
since it occurs in the lagoons which will be managed by California Department of Fish and
Game.
The MHCP Subregional Plan and City‘s Subarea Plan will indirectly affect this species as
described above. No direct impacts are expected from the MHCP Subregional Plan or City’s
Subarea Plan due to 100 percent conservation at the coastal lagoons and because the MHCP will
not allow any take of this species due to its fully protected status with the State. This species will
benefit from the no-net-loss of wetlands, wetland buffer and critical locations policies. The
MHCP Subregional Plan and City’s Subarea Plan will provide monitoring and management of
this species that will detect and minimize negative impacts that are affecting light-footed clapper
rail. Additionally, this species will benefit from a foraging aspect by the connected preserve
system that will be managed and monitored in the City and throughout the MHCP in perpetuity.
This Preserve will be adaptively managed, per the measures included in the MHCP Subregional
Plan, which will further reduce the indirect effects and benefit the species.
The mitigation measures for this species are adequate to offset the impacts because there is no
take of light-footed clapper rails as a result of the MHCP Subregional and City’s Subarea Plans
due to the species fully protected status by the State; 100 percent conservation of estuarine and
salt marsh habitats; additional protection afforded from wetland policies; all suitable habitat will
be surveyed by a qualified biologist; and the HMP includes management and monitoring to
reduce any indirect impacts that may occur.
Charadrius alexandrinus nivosus (Western snowy plover)
Sand spits, dune-backed beaches, sparsely to unvegetated beach strands, open areas around
estuaries, and beaches at river mouths are the preferred coastal nesting areas of the snowy plover.
Other areas utilized by nesting snowy plovers include dredge spoil fill, dry salt evaporation
ponds, and salt pond levees. The majority of snowy plovers exhibit site fidelity, returning to the
same breeding location in subsequent years. Habitat suitability is contingent upon isolation from
human disturbance and predation.
In 1996, a total of 179 snowy plover nests were found at 10 sites within San Diego County with
approximately 90 percent of the nests occurring at four locations, including Marine Corps Base
Camp Pendleton (81), Batiquitos Lagoon (39), NAB Coronado (26), and Tijuana Slough
National Wildlife Refuge (16). In 1998, the last comprehensive San Diego County-wide survey
of snowy plover nesting sites was made by. This survey recorded 156 snowy plover nests at nine
sites within the County, with approximately 90 percent of the nests occurring at same four sites
that were dominant in 1996. Breeding localities within the MHCP area include the San Luis Rey
Subregional MHCP and Carlsbad Subarea Plan Findings 81
River mouth and Agua Hedionda, Batiquitos, and San Elijo lagoons. Major population within
the MHCP study area occur at the San Luis Rey River mouth and the lagoon and estuarine
habitats in Encinitas, Carlsbad, and Oceanside, all of which are considered critical locations. The
lagoons also have the potential for western snowy plovers to support wintering birds in the
MHCP planning area.
The City of Carlsbad includes approximately 1,366 acres of habitat classified as marsh (southern
coastal salt marsh and freshwater marsh). Buena Vista, Agua Hedionda, and Batiquitos lagoons
contain approximately 934 acres of estuarine and salt marsh habitat that support or potentially
support western snowy plover. However, not all of this consists of snowy plover habitat. Within
this area, only an unquantified area of open sand or mud flats around lagoons consist of suitable
habitat for the snowy plover. The HMP area contains approximately 10.2 kilometers of sandy
beach along the coast. However, virtually all is subject to heavy recreational use.
Within the Subarea, western snowy plovers are currently only known to nest at Batiquitos
Lagoon, where they have nested regularly since surveys were initiated in 1991. Breeding
populations of this species have been continually absent from Buena Vista and Aqua Hedionda
Lagoons. However, historical records suggest that the snowy plover was once breeding in all
lagoons located within the Subarea. The most recent survey results show that Batiquitos Lagoon
supported 13 nests.
Snowy plovers winter within the HMP area. Breeding sites at the lagoons all support or have the
potential to support wintering birds. Batiquitos Lagoon held 5 1 snowy plovers on January 8,
2003. South Carlsbad State Beach supports wintering snowy plovers, with 22 present on January
8,2003.
Batiquitos Lagoon has experienced extensive restoration. In surveys of the lagoon area prior to
restoration, in 1994, 5 snowy plover nests were found. Restoration of the lagoon was initiated in
1994 and completed in 1996, resulting in the continuous tidal exchange of Pacific Ocean waters.
Dredge spoils were used as beach nourishment north of the lagoon. Spoils were also utilized to
create five nesting areas for the least tern and snowy plover. In 1996 (the first nesting season
after completion of the restoration) 39 nests were found, with 38 nests in 1997 and 26 nests in
1998. The inlet channel to Batiquitos Lagoon was dredged in 2000 with a portion of dredged
material placed on the at previously created nesting sites.
The MHCP Subregional Plan requires no take of individuals or nests for this species. In
addition, the MHCP requires the following conditions be met for a city to receive coverage for
this species:
1. Management will restrict activities within the preserve that could adversely affect plover
populations, including human disturbance, off-road vehicular activity, and predation of
adults and nets by domestic animals (e.g., dogs and cats) and introduced predators (e.g.,
red fox) or artificially enhanced population of natural predators (e.g., gulls, raccoons,
ravens, and skunks).
Subregional MHCP and Carlsbad Subarea Plan Findings 82
2. Human activity will be restricted by fencing off nesting areas during the breeding season
(April 1 through August 3 1). Signs restricting access are usually not effective without
fencing.
Create suitable snowy plover habitat to compensate for take by projects. Evaluate areas
of disturbed salt flats, mudflats, beach and estuarine habitats for potential snowy plover
breeding habitat enhancement and protection. Cover created breeding habitats with shells
or similar coarse materials to suppress weed growth and offer nest camouflage and scatter
patches of sticks, small rocks, dried kelp or similar debris in small amounts (15 percent
cover) as hiding cover, as directed by results of monitoring and research.
3.
No direct impacts to western snowy plovers is expected from the MHCP Subregional Plan since
the plan requires no take of individuals or nests and all of the estuarine and salt flat habitat will
be 100 percent conserved, most of which is within the FPA. All major populations and critical
locations will be conserved. However, only 18 percent of beach habitat is in the FPA which is
used by wintering western snowy plovers.
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. 339
acres of southern coastal salt marsh and freshwater marsh vegetation communities constitute
potential habitat for white-faced ibis. A small amount of additional habitat in the lagoons are
also technically not in the mapped area of the preserve, however, no projects are planned for this
area by the City and 100 percent conservation due to MHCP standards for avoidance,
minimization, and mitigation of wetland impacts assure no-net-loss of lagoon wetland habitat.
However, impacts can occur to such wetland communities as described in section 3.6 of MHCP
Volume 1. Since such impacts would need to be fully mitigated according to section 4.4.2 of
MHCP Volume 1, no-net-loss of function or value will occur in MHCP, although there could be
a temporal loss of such functions and values. The MHCP conditions for estuarine species and
fact that all the lagoons are in the coastal zone, also provide more protection to the lagoon areas.
Due to these standards, any losses would only be temporal and no net decrease in lagoon habitat
(estuarine, salt marsh, etc.) would occur as a result of the City’s Subarea Plan. In addition, direct
take of animal species is expected to be minimized because any areas proposed for disturbance
would be avoided where MHCP species are known to be present or nesting.
Subregional MHCP and Carlsbad Subarea Plan Findings 83
All of the suitable snowy plover breeding habitat on artificial tern nesting islands and salt pans in
the lagoons is included within the preserve. None of the sandy ocean beach habitat in the HMP
area is included within the preserve. This sandy beach habitat at South Carlsbad State Beach
currently supports wintering snowy plovers.
The Subarea plan provides a basis for the conservation of this species and its associated habitats
by requiring the following:
1. Manage preserve areas to minimize edge effects, control non-native plants, maintain
hydrology and water quality, protect habitats from physical disturbances, and control
predators. Where opportunities arise, restore and enhance habitat in preserved areas.
Restrict activities near nesting habitat during the breeding season (April 1 through August
3 1). If populations are present during the non-breeding season, implement access control
measures if warranted.
The major and critical population at Batiquitos Lagoon shall be managed by the
California Department of Fish and Game to control predators, control weed growth on
nesting areas, and protect against detrimental edge effects from adjacent development,
recreational impacts, and other direct and indirect impacts. Incidental take of the species
or occupied habitat during the breeding season (April 1 through August 1) is prohibited
except as specifically authorized on a case-by-case basis. The long-term management
plan shall address enhancement of other potential Snowy Plover nesting areas, such as
Buena Vista Lagoon, including nesting sites and water quality.
Appendix E (Conditions for estuarine species) of the MHCP includes measures that must
be implemented to ensure coverage of species (including the western snowy plover)
dependent on estuarine habitats. These measures are intended to minimize indirect
impacts to plovers and other estuarine species.
2.
3.
4.
As a result of the measures incorporated into the Subarea Plan and the MHCP Subregional Plan,
we anticipate few indirect impacts to this species at the sites currently used for nesting. In
addition, management will begin initially for all of the breeding locality points for this species
since it occurs in the lagoons which will be managed by California Department of Fish and
Game. However, indirect effects are expected to continue to possibly preclude snowy plovers
from nesting on ocean beaches which are not in the FPA and will not be managed as part of the
MHCP.
The MHCP Subregional Plan and City’s Subarea Plan will indirectly affect this species as
described above. No direct impacts are expected from the MHCP Subregional Plan or City’s
Subarea Plan due to 100 percent conservation at the coastal lagoons and because the MHCP will
not allow any take of individuals or nests of this species. This species will benefit from the no-
net-loss of wetlands, wetland buffer and critical locations policies. The MHCP Subregional Plan
and City’s Subarea Plan will provide monitoring and management of this species that will detect
and minimize negative impacts that are affecting western snowy plovers. Additionally, this
species may benefit from the connected preserve system that will be managed and monitored in
the City and throughout the MHCP in perpetuity. This Preserve will be adaptively managed, per
Subregional MHCP and Carlsbad Subarea Plan Findings 84
the measures included in the MHCP Subregional Plan, which will further reduce the indirect
effects and benefit the species.
The mitigation measures for this species are adequate to offset the impacts because there is no
take of western snowy plovers as a result of the MHCP Subregional and City’s Subarea Plans due
to the condition of coverage which does not allow take of individuals or nests; 100 percent
conservation of estuarine and salt marsh habitats, including the known breeding sites; additional
protection afforded from wetland policies; and the HMP includes management and monitoring to
reduce any indirect impacts that may occur.
Sterna elegans (Elegant tern)
Beaches and lagoon shoreline, coastal spits, estuarine sandbars, and mudflats close to bay mouths
provide roosting and nesting habitat. All nesting locations are somewhat isolated, semitropical,
low, flat, sandy, with little vegetation. Post-breeders frequent seacoasts, mudflats, bays,
estuaries, and lagoons. Elegant terns forage primarily in marine habitats, also in estuaries,
usually within 8 kilometers of the colony, but up to 25 kilometers distant.
No breeding colonies are known in the MHCP planning area. There are no known major
populations or critical areas within the MHCP, however, lagoons and beaches within the MHCP
area do provide important wintering habitats. Location points have been recorded in Carlsbad,
Encinitas, and Oceanside.
At Buena Vista Lagoon, Batiquitos Lagoon, and Aqua Hedionda Lagoon in the City of Carlsbad,
the Subarea currently provides 934 acres of estuarine and salt marsh habitat, including open
water suitable for foraging, sand and mud flats where elegant terns may loaf post-breeding, and
artificial nesting areas (created for least terns) that may provide suitable nesting habitat for
elegant terns. Elegant terns are not currently known to nest anywhere in the subarea or
subregion. Elegant terns have been documented from Buena Vista and Batiquitos lagoons.
During post-breeding dispersal, large numbers of elegant terns may use the coastal lagoons of the
MHCP area. On August 18,2003, approximately 500 elegant terns loafed on exposed mudflats
at San Elijo Lagoon. The elegant tern nests south of the Subarea at the Salt Works in south San
Diego Bay and an established colony has recently been observed in Orange County to the north.
Scientific information is otherwise lacking for this species in general as well as population
information within southern California.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. Management will restrict activities within the preserve that could prevent the
establishment of additional elegant tern colonies at conserved coastal wetlands. Adverse
activities include human disturbance; off-road vehicle and pedestrian activity; changes in
nesting substrates and vegetative structure at suitable nesting sites; and presence of
Subregional MHCP and Carlsbad Subarea Plan Findings 85
domestic animals (e.g., dogs and cats), introduced predators (e.g., red fox), or artificially
enhanced populations of natural predators (e.g., gulls, raccoons, and skunks).
Mitigation for any take of occupied breeding habitat must include enhancement of
conserved habitat to induce the initiation of new breeding colonies. This may include
modification of nesting substrate, vegetation clearing in limited areas deemed appropriate
for tern nesting, placement of tern decoys to attract prospecting terns. If a colony is
established, the site will be fenced and signed created to prohibit public access.
2.
Direct impacts to elegant terns may result from the MHCP Subregional Plan. Although the
foraging areas in the estuarine habitat is 100 percent conserved, only 18 percent of beach habitat
will be conserved. Overall, 970 acres (96 percent) of suitable elegant tern habitat (estuarine,
beach, salt pan, and mudflat vegetation) will be conserved throughout the MHCP planning area.
Impacts should be minimized through the no-net-loss of wetlands and conditions for estuarine
species policies.
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. 339
acres of southern coastal salt marsh and freshwater marsh vegetation communities constitute
potential habitat for white-faced ibis. A small amount of additional habitat in the lagoons are
also technically not in the mapped area of the preserve, however, no projects are planned for this
area by the City and 100 percent conservation due to MHCP standards for avoidance,
minimization, and mitigation of wetland impacts assure no-net-loss of lagoon wetland habitat.
However, impacts can occur to such wetland communities as described in section 3.6 of MHCP
Volume 1. Since such impacts would need to be fully mitigated according to section 4.4.2 of
MHCP Volume 1, no-net-loss of function or value will occur in MHCP, although there could be
a temporal loss of such hctions and values. The MHCP conditions for estuarine species and
fact that all the lagoons are in the coastal zone, also provide more protection to the lagoon areas.
Due to these standards, any losses would only be temporal and no net decrease in lagoon habitat
(estuarine, salt marsh, etc.) would occur as a result of the City’s Subarea Plan. In addition, direct
take of animal species is expected to be minimized because any areas proposed for disturbance
would be avoided where MHCP species are known to be present or nesting.
All of the suitable potential elegant tern breeding habitat on artificial tern nesting islands and salt
pans in the lagoons is included within the preserve. None of the sandy ocean beach habitat in the
Subregional MHCP and Carlsbad Subarea Plan Findings 86
HMP area is included within the preserve. The preserve includes nearly all of the open water in
the lagoons, which may serve as tern foraging habitat. Approximately 5.5 acres of open water in
Batiquitos Lagoon and 3 acres of open water in Agua Hedionda Lagoon, associated with the
Interstate 5 right-of-way would not be included in the preserve.
The Subarea plan and MHCP requires the following measures to conserve elegant terns:
Manage preserved areas to minimize edge effects, control non-native plants, maintain
hydrology and water quality, protect habitats from physical disturbances, control
predators, and maintain vegetation to provide optimal conditions for breeding. Where
opportunities arise, restore and enhance habitat in preserved areas. Habitat adjacent to the
lagoons will be preserved to the maximum extent possible.
The long-term preserve management plan shall provide area-specific directives to protect
against detrimental edge effects from adjacent development, recreational impacts, and
other direct and indirect impacts. Incidental take of the species during the breeding
season is prohibited except as specifically authorized on a case-by-case basis by the
wildlife agencies. The long-term management plan shall address enhancement of other
potential elegant tern nesting areas, such as Buena Vista Lagoon, including nesting sites
and water quality.
Management will restrict human access in active nesting areas during the breeding season
(April 1 through September 15) by fencing and signage. Management will also control
other threats to the species, including off-road vehicle activity; changes in nesting
substrates and vegetative structure at nesting sites; inundation of colonies by high tides or
freshwater; and predation of adults and nests by domestic animals (e.g., dogs and cats),
introduced predators (e.g., red fox), or artificially enhanced populations of natural
predators (e.g., gulls, raccoons, and skunks).
Mitigation for any impacts to occupied habitat must include enhancement of habitat to
induce the initiation of new breeding colonies. This may include fencing, modification of
nesting substrate, vegetation clearing in limited areas deemed appropriate for tern nesting,
placement of tern decoys to attract prospecting terns, and creation of islands of vegetation
or tile shelters to provide cover for chicks.
Appendix E (Conditions for estuarine species) of the MHCP includes measures that must
be implemented to ensure coverage of species (including the elegant tern) dependent on
estuarine habitats. These measures are intended to minimize indirect impacts to terns and
other estuarine species. Measures include regulation of adjacent land use, recreational
access, mosquito control, noise, vehicle access, potential pollutants, access during
breeding season, camping and picnicking; area-specific management measures including
fencing, animal and plant pest control, habitat enhancement and/or creation, trash
removal, erosion control, maintenance of tidal flushing; monitoring of covered species
populations, biodiversity, habitat area, effect of recreation on wildlife, pest animal and
plant populations, use by migratory birds, and success of restoration efforts; and
development of public awareness program including public participation in management,
development of community outreach programs, and improvement of trails and facilities to
focus public access.
Subregional MHCP and Carlsbad Subarea Plan Findings 87
In addition, management will begin initially for all of the breeding locality points for this species
since it occurs in the lagoons which will be managed by California Department of Fish and
Game. However, indirect effects are expected to continue to possibly preclude elegant tern
nesting on ocean beaches which are not in the FPA and will not be managed as part of the
MHCP.
The MHCP Subregional Plan will directly and indirectly affect this species through habitat loss.
However, a majority (96 percent) of elegant tern habitat will be conserved and it should also be
protected by the no-net-loss of wetland policy. The City’s Subarea Plan is not expected to
directly affect this species since all elegant tern habitat and species points will be conserved. The
MHCP Subregional Plan and City’s Subarea Plan will provide monitoring and management of
this species that will detect and minimize negative impacts that are affecting elegant terns.
Additionally, this species should benefit from the connected preserve system that will be
managed and monitored in the City and throughout the MHCP in perpetuity. This Preserve will
be adaptively managed, per the measures included in the MHCP Subregional Plan, which will
further reduce the indirect effects and benefit the species.
No breeding colonies are known in the MHCP planning area and there are no known major
populations or critical areas within the MHCP. The mitigation measures for this species are
adequate to offset the impacts because there is no take of elegant terns as a result of the MHCP
Subregional and City’s Subarea Plans due to the condition of coverage which does not allow take
of individuals or nests; 100 percent conservation of the species habitat and all three known point
locations; additional protection afforded from wetland policies; and the HMP includes
management and monitoring to reduce any indirect impacts that may occur.
Sterna antillarum browni (California least tern)
Unfrequented sandy beaches close to estuaries and coastal embayments have traditionally served
as nesting sites for the California least tern. Because potential nesting habitat has been greatly
reduced by human recreation and development, traditional habitats have often been abandoned
while human-made habitats (e.g., salt pond dikes, sand flats, sandfills, airports, gravel rooftops,
and landfills around bays and estuaries) have been colonized.
Within the MHCP planning area, California least terns have been documented at the San Luis
Rey River mouth, Buena Vista, Agua Hedionda, Batiquitos, and San Elijo lagoons. All
populations are considered critical locations and the population at Batiquitos Lagoon is also
considered a major population.
In the City of Carlsbad, Buena Vista, Agua Hedionda, and Batiquitos lagoons contain
approximately 934 acres of estuarine and salt marsh habitat that support or potentially support
California least tern. However, not all of this consists of least tern habitat. Within this area, only
an unquantified area of open sand or salt pans around lagoons consist of suitable nesting habitat
for the least tern. The open water areas in the coastal lagoons may serve as tern foraging habitat.
Subregional MHCP and Carlsbad Subarea Plan Findings 88
The HMP area contains approximately 10.2 kilometers of sandy beach along the coast.
However, virtually all is subject to heavy recreational use.
Within the Subarea, least terns are currently only known to nest at Batiquitos Lagoon, where the
number of pairs has ranged between 179 and 136 between 1998 and 2000. Within the MHCP
area, least terns also nest at San Elijo Lagoon, where between 1-15 pairs nested between 1998-
2000.
Least tern population sizes in 2001 reached 2,164 nesting pairs within San Diego County. Of the
lagoons within the Subarea, Batiquitos Lagoon experiences the only nesting with 205 nesting
pairs observed in 2001. Buena Vista Lagoon has not documented nesting since 198 1, when two
(2) pairs were observed, while Agua Hedionda Lagoon has had no documented nesting. With the
absence of nesting in the remaining lagoons least terns are still known to forage or loaf within
these areas.
Previous impacts to least terns may have resulted from the dredging of Agua Hedionda Lagoon.
It initially dredged in 1954 to provide a source of cooling water for San Diego Gas & Electric
Company’s Encina Power Plant. Since 1954, the outer lagoon undergone periodic maintenance
dredging, while no dredging had occurred in the middle and inner lagoons. The outer lagoon is
dredged every one to three years. In 1998 SDG&E was permitted to dredge Agua Hedionda’s
middle and inner lagoons and discharge the dredged material (spoil) on the Encina Power Plant
jetty and a borrow pit created in the lagoon. Dredging of the lagoon removes sand deposited in
the outer lagoon and may preclude formation of sand islands upon which terns could nest.
Batiquitos Lagoon has experienced extensive restoration. Restoration of this seasonal tidal
waterbody was initiated in 1994 and completed in 1996. It resulted in the continuous tidal
exchange of Pacific Ocean waters. Dredge spoils were used as beach nourishment north of the
lagoon. Spoils were also utilized to create five nesting areas for the least tern and snowy plover.
Least terns regularly nest at some of the created sites. The inlet channel to Batiquitos Lagoon
was also dredged in 2000 with a portion of dredged material placed on the at previously created
nesting sites.
The MHCP Subregional Plan requires no take of individuals or active nests, including by
harassment, for this species. In addition, management must control human access to minimize
potential trampling or harassment in breeding areas. The MHCP also requires the following
conditions be met for a city to receive coverage for this species:
1. Management will restrict human access in active nesting areas during the breeding season
(April 1 through September 15) by fencing and signage. Management will also control
other threats to the species, including off-road vehicle activity; changes in nesting
substrates and vegetative structure at nesting sites; inundation of colonies by high tides or
freshwater; and predation of adults and nests by domestic animals (e.g., dogs and cats),
introduced predators (e.g., red fox), or artificially enhanced populations of natural
predators (e.g., gulls, raccoons, and skunks).
Subregional MHCP and Carlsbad Subarea Plan Findings 89
2. Mitigation for any impacts to occupied habitat must include enhancement of habitat to
induce the initiation of new breeding colonies. This may include fencing, modification of
nesting substrate, vegetation clearing in limited areas deemed appropriate for tern nesting,
placement of tern decoys to attract prospecting terns, and creation of islands of vegetation
or tile shelters to provide cover for chicks.
The MHCP Subregional Plan will not directly impact this species because it requires no
take of individuals or nests, including by harassment, of this species. In addition, the
foraging areas in the estuarine habitat is 100 percent conserved, but only 18 percent of
beach habitat will be conserved. Overall, 970 acres (96 percent) of suitable least tern
habitat (estuarine, beach, salt pan, and mudflat vegetation) will be conserved throughout
the MHCP planning area. Impacts should be minimized through the no-net-loss of
wetlands and conditions for estuarine species policies.
3.
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. 339
acres of southern coastal salt marsh and freshwater marsh vegetation communities constitute
potential habitat for white-faced ibis. A small amount of additional habitat in the lagoons are
also technically not in the mapped area of the preserve, however, no projects are planned for this
area by the City and 100 percent conservation due to MHCP standards for avoidance,
minimization, and mitigation of wetland impacts assure no-net-loss of lagoon wetland habitat.
However, impacts can occur to such wetland communities as described in section 3.6 of MHCP
Volume 1. Since such impacts would need to be fully mitigated according to section 4.4.2 of
MHCP Volume 1, no-net-loss of function or value will occur in MHCP, although there could be
a temporal loss of such functions and values. The MHCP conditions for estuarine species and
fact that all the lagoons are in the coastal zone, also provide more protection to the lagoon areas.
Due to these standards, any losses would only be temporal and no net decrease in lagoon habitat
(estuarine, salt marsh, etc.) would occur as a result of the City’s Subarea Plan. In addition, direct
take of animal species is expected to be minimized because any areas proposed for disturbance
would be avoided where MHCP species are known to be present or nesting.
All of the suitable least tern breeding habitat on artificial tern nesting islands and salt pans in the
lagoons is included within the preserve. None of the sandy ocean beach habitat in the HMP area
is included within the preserve. The preserve includes nearly all of the open water in the
lagoons, which may serve as tern foraging habitat. Approximately 5.5 acres of open water in
Subregional MHCP and Carlsbad Subarea Plan Findings 90
Batiquitos Lagoon associated with the Interstate 5 right-of-way, and 3 acres of open water in
Agua Hedionda Lagoon associated with the Interstate 5 right-of-way, would not be included in
the preserve. More importantly, no take of this species will occur due to its fully protected status
with the State. Therefore, we anticipate no direct impacts to California least terns as a result of
the Subarea plan.
The Subarea and MHCP plans require the following measures to conserve California least terns:
1.
2.
3.
4.
5.
The major and critical population at Batiquitos Lagoon shall be managed by the
California Department of Fish and Game to control predators, control weed growth on
nesting areas, and protect against detrimental edge effects from adjacent development,
recreational impacts, and other direct and indirect impacts. Incidental take of the species
or occupied habitat during the breeding season is prohibited except as specifically
authorized on a case-by-case basis. The long-tern management plan shall address
enhancement of other potential Least Tern nesting areas, such as Buena Vista Lagoon,
including nesting sites and water quality.
No take of individuals or active nests are allowed for this species.
Management will restrict human access in active nesting areas during the breeding season
(April 1 through September 15) by fencing and signage. Management will also control
other threats to the species, including off-road vehicle activity; changes in nesting
substrates and vegetative structure at nesting sites; inundation of colonies by high tides or
freshwater; and predation of adults and nests by domestic animals (e.g., dogs and cats),
introduced predators (e.g., red fox), or artificially enhanced populations of natural
predators (e.g., gulls, raccoons, and skunks).
Mitigation for any impacts to occupied habitat must include enhancement of habitat to
induce the initiation of new breeding colonies. This may include:
a. fencing, modification of nesting substrate, vegetation clearing in limited areas
b. deemed appropriate for tern nesting, placement of tern decoys to attract
c. prospecting terns, and creation of islands of vegetation or tile shelters to provide
cover for chicks.
Appendix E (Conditions for estuarine species) of the MHCP includes measures that must
be implemented to ensure coverage of species (including the California least tern)
dependent on estuarine habitats. These measures are intended to minimize indirect
impacts to terns and other estuarine species. Measures include regulation of adjacent land
use, recreational access, mosquito control, noise, vehicle access, potential pollutants,
access during breeding season, camping and picnicking; area-specific management
measures including fencing, animal and plant pest control, habitat enhancement and/or
creation, trash removal, erosion control, maintenance of tidal flushing; monitoring of
covered species populations, biodiversity, habitat area, effect of recreation on wildlife,
pest animal and plant populations, use by migratory birds, and success of restoration
efforts; and development of public awareness program including public participation in
management, development of community outreach programs, and improvement of trails
and facilities to focus public access.
Subregional MHCP and Carlsbad Subarea Plan Findings 91
In addition, management will begin initially for all of the locality points for this species since it
occurs in the lagoons which will be managed by California Department of Fish and Game.
However, indirect effects are expected to continue to possibly preclude California least terns
from nesting on ocean beaches which are not in the FPA and will not be managed as part of the
MHCP.
The MHCP Subregional Plan and City’s Subarea Plan will indirectly affect this species as
described above. No direct impacts are expected from the MHCP Subregional Plan or City’s
Subarea Plan due to 100 percent conservation at the coastal lagoons and because the MHCP will
not allow any take of this species due to its fully protected status with the State. This species will
benefit from the no-net-loss of wetlands, wetland buffer and critical locations policies. The
MHCP Subregional Plan and City’s Subarea Plan will provide monitoring and management of
this species that will detect and minimize negative impacts that are affecting California least
terns. Additionally, this species will benefit from a foraging aspect by the connected preserve
system that will be managed and monitored in the City and throughout the MHCP in perpetuity.
This Preserve will be adaptively managed, per the measures included in the MHCP Subregional
Plan, which will further reduce the indirect effects and benefit the species.
No direct impacts are expected from the MHCP Subregional Plan or City’s Subarea Plan due to
100 percent conservation at the coastal lagoons and because the MHCP will not allow any take of
this species due to its fully protected status with the State. The mitigation measures for this
species are adequate to offset the impacts because there is no take of California least terns as a
result of the MHCP Subregional and City’s Subarea Plans condition of coverage which does not
allow take of individuals or nests; 100 percent conservation of estuarine and salt marsh habitats
and all of the critical potential California least tern breeding habitat; additional protection
afforded from wetland policies; and the HMP includes management and monitoring to reduce
any indirect impacts that may occur.
Empidonax traillii extimus (Southwestern willow flycatcher)
The southwestern willow flycatcher is restricted to willow-dominated riparian habitats, especially
areas with abundant large trees, frequently in close proximity (i.e., seldom farther than a few
dozen meters) to surface water or saturated soil. Riparian habitat provides both breeding and
foraging habitat for the species. The flycatcher nests in thickets of trees and shrubs
approximately 4 to 7 meters (13 to 23 fi) or more in height with dense foliage from
approximately 0 to 4 meters (0 to 13 ft) above ground. The nest site plant community is typically
even-aged, structurally homogeneous and dense. This species usually nests in the upright fork of
a shrub but occasionally nests on horizontal limbs within trees and shrubs. Historically, the
willow flycatcher nested primarily in willows and mule fat with a scattered overstory of
cottonwood. Following more recent changes in riparian plant communities in the region, the
species still nests in willows where available but is also known to nest in thickets dominated by
tamarisk and Russian olive. Typically, sites selected as song perches by male willow flycatchers
show higher variability in shrub size than do nest sites and often include large central shrubs.
Subregional MHCP and Carlsbad Subarea Plan Findings 92
Fragmented riparian zones with large distances between willow patches and individual willow
plants are not selected for either nesting or singing. Flycatchers are generally not found nesting
in narrow strips of riparian vegetation less than approximately 33 feet wide. Flycatchers are site
tenacious, but have been known to disperse on average 25 miles within a drainage. Studies have
shown that movements within drainages are most common, with a mean distance moved of 8.7
miles and that between-year movements between drainages may be less common. However, this
could be a byproduct of the study locations. Migrating willow flycatchers use habitats similar to
breeding flycatchers, but will also use desert washes, oases, and open canyon woodlands near
watercourses.
The MHCP identifies critical locations for flycatcher along the San Luis Rey River near and
upstream from Guajome Lake and on Pilgrim Creek near Foss Lake. Within the portion of the
San Luis Rey River within the MHCP planning area, suitable nesting habitat for the flycatcher is
limited to a few areas due to the lack of open water and large blocks of mature riparian habitat.
These areas consist of riparian vegetation in proximity to Whelan Lake and the perennial water
near surrounding 1-5 of the San Luis Rey River, Guajome Lake, and in the upper San Luis Rey
River (i.e., below Lake Henshaw Dam and above the Escondido Diversion Canal) where water
flows year-round. Foss Lake has potential to provide such habitat but for unknown reasons has
not been known to be used by nesting flycatchers. Pilgrim Creek has limited potential to provide
habitat for flycatchers because it is dry and surrounded by development. Scattered (probably
non-breeding) observations have been recorded in other riparian areas (e.g., Macario Canyon in
Carlsbad). It is likely that small numbers of flycatcher move through the MHCP planning area,
including the City, during spring and fall migration.
Flycatchers were observed nesting in the flood control portion of the San Luis Rey River in 1999,
however, flycatchers are difficult to identify except during a small window in the spring when
they vocalize. Therefore they may have been present in the lower San Luis Rey River, but
unobserved prior to 1999. Focused survey efforts for the flycatcher detected a total of five
individuals, but no evidence of breeding activity within the flood control channel. Although this
area is a flood control channel, maintenance of the channel has not occurred to date. During the
2000 breeding season, a total of nine flycatchers were observed, within the flood control channel,
including five confirmed resident flycatchers and four migranvtransient individuals of unknown
subspecies. The five resident flycatchers consisted of two breeding pairs and one single male, all
located near Whelan Lake. In 2002, two nesting pairs were again confirmed in approximately the
same territories near Whelan Lake within the Corps flood control channel. Upstream of these
two pairs, within the action area, four territories were identified near Guajome Lake; two
territories were identified within the San Luis Rey River around the confluence with Moosa
Creek; and two territories were identified in the San Luis Rey River approximately 2 miles
upstream of the 1-15. In 2003, within the Corps flood control channel, one flycatcher pair moved
upstream into the active channel while a second pair remained near Whelan Lake, on the edge of
the active channel. A third male was observed within the active channel, but its breeding status
was unknown. Upstream within the action area, in 2003, one territory was mapped at Guajome
Lake and two in the San Luis Rey River near the agricultural pond just east of the 1-15.
Subregional MHCP and Carlsbad Subarea Plan Findings 93
All of the above territories are considered as one population of flycatchers that range currently
from 10 to 13 flycatcher territories due to their proximity within 25 miles of one another. This
population is considered separate from the population of flycatchers near Lake Henshaw.
Although the locations in the lower San Luis Rey River are spread out, the core population is
associated with permanent water sources and large wide mature riparian vegetation within the
San Luis Rey River near Whalen Lake and Guajome Lake.
Within the City, the following areas are likely to provide suitable habitat &e., with abundant
mature willows and surface water in summer) for southwestern willow flycatchers: 1) the
Sherman property along Buena Vista Creek, 2) the City’s proposed Lake Calavera mitigation
bank, 3) a State-owned area of riparian forest northeast of the upper end of Agua Hedionda
Lagoon, and 4) the riparian forest along Encinitas Creek, in Green Valley. Presently, there are no
known populations of flycatchers in the Subarea, however there have been a few historical
sightings southeast of Aqua Hedionda, north of Palomar Airport Road.
No direct impacts to flycatcher nests, eggs, or young are expected, from the MHCP Subregional
Plan and the City’s subarea plan, since the MHCP requires the following condition for coverage:
Projects shall to the maximum extent practicable avoid impacts during the breeding season of the
Flycatcher (May 1 to September 15). Projects that cannot be conducted without placing
equipment or personnel in or adjacent to sensitive habitats shall be timed to ensure that habitat is
removed prior to the initiation of the breeding season.
Direct impacts to flycatchers are expected to be minimal since of the 2,665 acres of riparian
habitat in the MHCP planning area, 1,996 acres (75 percent) are within the FPA. In addition, the
MHCP has standards for avoidance, minimization, and mitigation of wetland impacts to assure
no-net-loss of wetlands within the planning area. However, impacts can occur to such wetland
communities as described in section 3.6 of MHCP Volume 1. Since such impacts would need to
be fully mitigated according to section 4.4.2 of MHCP Volume 1, no-net-loss of function or
value will occur in MHCP, although there could be a temporal loss of such fimctions and values.
The MHCP also conserves all major populations, critical areas, and point localities of
flycatchers. However, the flood control operation and maintenance activities in the San Luis Rey
River could adversely affect such areas. If such impacts occur, the effects of the MHCP and
City’s subarea plan would need to be reanalyzed with a new species baseline.
The FPA in the City conserves 494 acres (86 percent) of riparian vegetation and 25 acres (86
percent) of oak woodland. Therefore, it can be anticipated that 2 acres (9 percent) of oak
woodland and 80 acres (14 percent) of riparian could be impacted as a result of this plan.
However, as stated above, mitigation will occur to ensure no-net-loss of wetland function and
value. Of the four areas listed above with good potential to support flycatchers in Carlsbad in the
future, all except the Sherman property are included in the preserve. The Sherman property is a
Standards Area in the HMP. Standards for development within Local Facilities Management
Zone 25 (which includes the Sherman property) include:
Subregional MHCP and Carlsbad Subarea Plan Findings 94
‘‘Conservation of 75 percent of the Sherman property is required to provide adequate
connectivity within the regional gnatcatcher corridor. Align future Marron Road to
minimize impacts to sensitive biological resources and disruption of wildlife movement.
Conserve wetland habitats and set development back at least 100 feet .... Conserve and
enhance riparian vegetation along Buena Vista Creek with 200-foot buffers supporting
natural vegetation between wetland habitats and development. Prohibit fill or
development within the existing 100 year flood plain except where required for
Circulation Element roads, Drainage Master Plan facilities, or other essential public
infrastructure. Use sensitive design of any road or utility crossing of Buena Vista Creek.”
A biological constraints analysis for the Sherman property indicates that the site supports 50.02
acres (37.3 percent of the site) of southern arroyo willow riparian forest. The zone-specific
standards above would allow development of up to 33.5 acres (66.9 percent of the potential
flycatcher habitat on site) of circulation element roads, drainage master plan facilities, or other
essential public infrastructure within potential flycatcher habitat. Though the City’s no-net loss
of wetlands policy ensures that riparian forest, riparian woodland, and riparian scrub habitats will
be replaced if impacted in the plan area, temporal loss of habitat, and degradation of habitat
quality are possible.
The MHCP Subregional Plan requires a basis for the conservation of this species and its
associated habitats by requiring the following conditions be met before a City could receive
coverage:
6. As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, a qualified biologist possessing a section 1 O(a) 1 (A) research permit for this
species must survey all areas containing suitable habitat (riparian woodlands and forests)
using approved survey protocols. Surveys shall be conducted when impacts could occur
as a result of indirect impacts by placement of the project in or adjacent to potential
habitat or through creation of suitable conditions for brown-headed cowbirds (e.g.,
agricultural fields, livestock presence, woodland parks, and roadsides). Surveys shall
occur prior to any proposed impact regardless of location inside or outside of the FPA.
Nesting southwestern willow flycatchers shall be treated consistent with the Critical
Population Policy (Appendix D) and impacts totally avoided. Although southwestern
willow flycatcher is not an MHCP Narrow Endemic, wintering localities and confirmed
vagrants shall be treated consistent with the Narrow Endemics Policy (Appendix D),
including the following:
a.
b.
c.
7.
Maximum avoidance of impacts, to the degree feasible while maintaining
reasonable use of the property;
For unavoidable impacts, species-specific mitigation designed to minimize
adverse effects to species viability and to contribute to species recovery; and
No more than 5 percent gross cumulative loss of suitable habitat inside the FPA or
20 percent gross cumulative loss outside the FPA.
Subregional MHCP and Carlsbad Subarea Plan Findings 95
8. Occupied habitat within the FPA shall be managed to restrict activities that could degrade
willow flycatcher habitat, including livestock grazing, human disturbance, clearing or
alteration of riparian vegetation, brown-headed cowbird parasitism, and insufficient water
levels leading to loss of riparian habitat and surface water. Area-specific management
directives shall include measures to provide appropriate successional habitat, cowbird
control, and specific measures to protect against detrimental edge effects, and will
remove invasive exotic species (e.g., Arundo donax). Human access to flycatcher-
occupied habitat will be restricted during the breeding season (May 1 - September 15)
except for qualified researchers or land managers performing essential preserve
management, monitoring, or research functions.
Projects having direct or indirect impacts to the southwestern willow flycatcher shall
adhere to the following measures to avoid or reduce impacts:
a.
9.
The removal of native vegetation and habitat shall be avoided and minimized to
the maximum extent practicable. Determination of adequate avoidance and
minimization of impacts shall be consistent with Sections 3.6 and 3.7 of the
MHCP Plan. Deviations from these guidelines shall require written concurrence
of Service and Department. For temporary impacts, the work site shall be
returned to pre-existing contours and revegetated with appropriate native species.
All revegetation for temporary and permanent impacts shall occur at the rations
specified in Section 4.3 of the MHCP plan. Revegetation specifications shall
ensure creation and restoration of riparian woodland vegetation to quality that
eventually is expected to support nesting southwestern willow flycatchers, in the
opinion of experts on this species, recognizing that it may take decades to achieve
this state. All revegetation plans shall be prepared and implemented consistent
with Appendix C (Revegetation Guidelines) and shall require written concurrence
of Service and Department. If written objections are not provided by the wildlife
agencies within 30 days of receipt of written request for concurrence by the local
jurisdiction, then the deviation may proceed as approved by the local agency. The
wildlife agencies shall provide written comments specifying wildlife agency
concerns.
Projects shall be carried out consistent with Appendix B of the MHCP Volume 2
(Standard Best Management Practices).
Projects shall to the maximum extent practicable avoid impacts during the
breeding season of the Flycatcher (May 1 to September 15). Projects that cannot
be conducted without placing equipment or personnel in or adjacent to sensitive
habitats shall be timed to ensure that habitat is removed prior to the initiation of
the breeding season.
Construction noise levels at the riparian canopy edge shall be kept below 60 dl3A
Leq (measured as Equivalent Sound Level) from 5 a.m. to 11 a.m. during the peak
nesting period of March 15 to July 15. For the balance of the dayheason, the
noise levels shall not exceed 60 decibels, averaged over a 1-hour period on an
A-weighted decibel (dBA) (Le., 1 hour L,,/dBA). Noise levels shall be
monitored, and monitoring reports shall be provided to the jurisdictional city,
b.
c.
d.
Subregional MHCP and Carlsbad Subarea Plan Findings 96
Service, and Department. Noise levels in excess of this threshold shall require
written concurrence from the Service and Department within 30 days of receipt of
request for written concurrence fiom the local jurisdiction and may require
additional minimizatiodmitigation measures.
Brown-headed cowbirds and other exotic species which prey upon the flycatcher
shall be removed from the site. For new developments adjacent to preserve areas
that create conditions attractive to brown-headed cowbirds, jurisdictions shall
require monitoring and control of cowbirds.
Biological buffers of at least 100 feet shall be maintained adjacent to occupied
Flycatcher habitat, measured from the outer edge of riparian vegetation. Within
this 100-foot buffer, no new development shall be allowed, and the area shall be
managed for natural biological values as part of the preserve system. Buffers less
than 100 feet shall require written concurrence of the Service and Department
within 30 days of receipt of request for written concurrence from the local
jurisdiction.
e.
f.
5. Suitable unoccupied habitat preserved within the FPA shall be managed to maintain or
mimic effects of natural fluvial processes (e.g., periodic substrate scouring and
depositions).
Natural riparian connections with upstream riparian habitat shall be maintained to ensure
linkage to suitable occupied and unoccupied habitat within the County MSCP and City of
San Diego MSCP Subarea Plans.
6.
In addition, management will begin initially for all areas that once had documented southwest
willow flycatchers and any new populations will be managed per the MHCP standards.
The proposed action will directly and indirectly effect the southwestern willow flycatcher as
described in the analyses above. The avoidance, minimization, and/or mitigation measures
included in the MHCP Subregional Plan and the City’s Subarea Plan will reduce any impacts that
may occur to this species. This Preserve will be adaptively managed, per the measures included
in the MHCP Subregional Plan and City’s Subarea Plan, which will further reduce the indirect
effects and benefit the species.
The MHCP planning area is within the coastal California recovery unit for proposed critical
habitat and solely within the San Diego management unit of this recovery unit. There are
approximately 895.8 acres of flycatcher critical habitat in the MHCP planning area. More
specifically, all of the critical habitat is within the San Luis Rey River in the City of Oceanside.
The proposed critical habitat in the MHCP planning area is predominantly high quality flycatcher
habitat used by flycatchers for foraging and dispersal. A few of the proposed critical habitat
areas are occupied by flycatchers. The longest two stream segments the Service is proposing
(San Luis Rey and Santa Margarita Rivers) as critical habitat also contain the largest numbers of
flycatcher territories in the San Diego Management Unit. There is no critical habitat for the
flycatcher designated within the City’s planning area. The entire wetland portion of the San Luis
Rey River throughout the City of Oceanside is within the FPA. However, only 83 1.6 acres of
895.8 acres of flycatcher proposed critical habitat are within the FPA. This is mostly due to the
Subregional MHCP and Carlsbad Subarea Plan Findings 97
County land within Guajome Park not being within the MHCP planning area because the City of
Oceanside does not have any authority over such land. However, some adjacent upland habitat
which can provide foraging and dispersal habitat for the flycatcher and is necessary for buffering
the San Luis Rey River are not in the FPA. As a result, some impacts to flycatcher proposed
critical habitat may occur from the MHCP Subregional Plan. However, the plan requires 100-
foot biological buffers to the San Luis Rey River and avoidance of wetland impacts as described
above.
The plan acknowledges the U.S. Army Corps of Engineers San Luis Rey flood control project
that is currently in formal consultation under section 7 of the Act with the Service. This project
could have significant impacts to flycatcher proposed critical habitat, however, the project is not
a part of the MHCP. However, if significant vegetation removal occurs as a result of the San
Luis Rey River flood control activities, formal consultation on this species and its critical habitat
would need to be reinitiated and reevaluated with a new biological baseline. This could affect the
coverage of this species for all Cities within the MHCP.
No flycatcher critical habitat has been designated within the City of Carlsbad, so no impacts will
occur from the City’s subarea plan.
The mitigation measures for this species are adequate to offset the impacts because the amount of
incidental take is expected to be low (not more than 1 individual); additional protection afforded
from wetland policies; treatment of the flycatcher as a narrow endemic; the lack of species
presence in the City; and the HMP includes management and monitoring to reduce any indirect
impacts that may occur.
The adverse affects of the proposed action on flycatcher proposed critical habitat is adequately
offset by the following conservation measures within the plan: 1) most of the critical habitat
occurs within the FPA (93 percent); 2) the MHCP Subregional Plan requires no-net-loss of
wetland function and values; 3) the MHCP Subregional Plan requires southwestern willow
flycatcher populations to receive narrow endemic species protection standards; 4) the MHCP
Subregional Plan requires occupied habitat within the FPA to be managed to restrict activities
that could degrade southwestern willow flycatcher habitat; 4) the MHCP Subregional Plan
requires all impacts to be mitigated fully; and 5) the MHCP Subregional Plan requires breeding
season restrictions, noise control, removal of exotic species, and biological buffers of at least 100
feet shall be maintained adjacent to occupied southwestern willow flycatcher habitat, measured
from the outer edge of riparian vegetation. No southwestern willow flycatcher critical habitat has
been proposed within the City of Carlsbad, so no impacts will occur fiom the City’s subarea plan.
&eo belliipusilius (Least Bell’s vireo)
The least Bell’s vireo primarily occupies riparian habitats that typically feature dense cover
within 1 to 2 meter (3 to 7 ft) of the ground and a dense, stratified canopy. It inhabits low, dense
riparian growth along water or along dry parts of intermittent streams. The understory is
Subregional MHCP and Carlsbad Subarea Plan Findings 98
typically dominated by sandbar willow (Salk hindsiana), mule fat (Baccharis salicifolia), young
individuals of other willow species such as arroyo willow (Salk lasiolepis) or black willow
(Salix gooddingii), and one or more herbaceous species. Important overstory species include
mature arroyo willows and black willows. Other overstory species that may contribute to vireo
habitat include cottonwoods (Populus spp.), western sycamore (Platanus racemosa), and coast
live oak (Quercus agrifolia). It primarily nests in small, remnant segments of vegetation
typically dominated by willows and mule fat but may also use a variety of shrubs, trees, and
vines. Nests are typically built within 1 meter (3 Et) of the ground in the fork of willows, wild
rose (Rosa californica), mule fat, or other understory vegetation. Cover surrounding nests is
usually a moderately open midstory with an overstory of willow, cottonwood, sycamore, or oak.
Crown cover is usually more than 50 percent and contains occasional small openings. The most
critical structural component to least Bell’s vireo breeding habitat is a dense shrub layer at 0.6 to
3 meters (2 to 10 ft) above the ground. The birds forage in riparian and adjoining chaparral
habitat.
The MHCP planning area includes 2,665 acres of riparian habitat (Table 3-3 in MHCP
Volume 1). Vireos have been documented in Oceanside, Carlsbad, Encinitas, and Escondido.
However, the only major population occurs in the San Luis Rey RiverPilgrim Creek within the
City of Oceanside. This population is considered a major population and critical location within
the MHCP. There are approximately 2,429 acres of vireo critical habitat in the MHCP planning
area. More specifically, all of the critical habitat is within the San Luis Rey River in the City of
Oceanside.
The City includes 574 acres of riparian habitat. There is no critical habitat for the vireo
designated within the City’s planning area. Major areas of suitable vireo habitat in the City
include the Sherman property along Buena Vista Creek (5 territorial males), the City’s Lake
Calavera mitigation bank, a State-owned area of riparian forest northeast of the upper end of
Agua Hedionda Lagoon, Macario Canyon extending southeast of the upper end of Agua
Hedionda Lagoon, and the riparian forest along Encinitas Creek, in Green Valley. Vireos have
been recorded in all of these areas except the Lake Calavera mitigation bank. In 1998, one new
population along Aqua Hedionda Creek west of El Camino Real was documented. Also, one
pair of vireos were detected at the proposed intersection of College Boulevard and Cannon Road,
persisted at that location through the breeding season and nested successfully (Calavera Hills
Phase II Biological Opinion, FWS Consultation No. 1-6-01-F-1597). Construction of the road
intersection eliminated the habitat of this pair. An additional vireo was detected once, north of
the College Boulevard and Cannon Road intersection territory mentioned above. At least one
territorial male vireo was observed in June 2003 by several Service personnel in riparian
vegetation along lower Encinas Creek. In 2002, a vireo was documented within approximately
200 m of the mouth of Encinas Creek. In addition, vireos have been recorded on the La Costa
Greens property, at the La Costa golf course, and north of Calle Barcelona approximately 600
meters east of El Camino Real. Suitable riparian habitat can be found along portions of some
major and minor water courses within the Subarea and may support undocumented populations
Subregional MHCP and Carlsbad Subarea Plan Findings 99
of least Bell’s vireo. Additional areas of riparian vegetation not included in the City’s preserve
that may potentially support vireos include:
1. a strip of riparian woodland and southern riparian scrub approximately 400 feet northeast
of the intersection of College Boulevard and El Camino Real: this is a standards area in
LFMZ 15;
the portion of Calavera Creek extending from the upper end of the northeastern
“panhandle” of Robertson Ranch, along the northwest side of the trailer park;
an area of southern willow scrub approximately 100 feet south of the intersection of
Palomar Airport Road and Armada Drive; and
a strip of open water and southern riparian scrub approximately 600 feet west of the
Pacific Ocean, extending southhoutheast from Cannon Road.
2.
3.
4.
The MHCP planning area contains 2,429 acres of vireo critical habitat; all of which is located in
and around the San Luis Rey River. Thus, no critical habitat has been designated within the City
of Carlsbad. The San Luis Rey River critical habitat area encompasses about 1,698 acres of
riverine and floodplain habitats and adjacent coastal sage scrub, chaparral, and other upland plant
communities along approximately 22 miles of the River (73 1 acres of the 2,429 are developed).
This area extends from the Pacific Ocean to the town of Pala.
The critical habitat in the MHCP planning area is predominantly high quality vireo habitat
occupied by vireos. The population of vireos in the lower San Luis Rey River supports
approximately 3 10 vireo pairs, making the this the third largest vireo population in the United
States and second largest population within vireo critical habitat.
Considerable threats persist in the San Luis Rey River throughout the MHCP planning area.
These include the following (which are components of the baseline and/or cumulative effects):
1) the vegetation in the river is more susceptible to washing out during a flood because the
control levees constrict flood waters and increase the velocity and scouring force; 2) indirect
effects such as pets, garbage, invasive plants, and increased predation exist due to the
construction of numerous housing and commercial developments adjacent to the river;
3) fragmentation of the river has increased due to the construction of bridges, State Route 76, and
arterial roads; 4) large homeless encampments that have been known to result in fires and direct
destruction of vegetation (as described in annual monitoring and cowbird trapping reports); 5) the
presence of exotic vegetation, including Arundo donax, that can invade native riparian
vegetation; 6) natural disturbances such as fires or floods, which can temporarily destroy riparian
vegetation; 7) groundwater pumping projects that can increase the depth to groundwater thereby
altering survival, growth, competition, and successional patterns in riparian vegetation; and
8) illegal fills that destroy riparian vegetation. Though all the critical habitat areas are facing
significant threats and the three critical habitat areas with the largest populations of vireos are
actively threatened by flood control, recreation, and development pressures, all critical habitat
areas, which act as populatiodmetapopulation units, should be managed and protected to support
stable or increasing vireo populations/metapopulations.
Subregional MHCP and Carlsbad Subarea Plan Findings 100
No direct impacts to vireo nests, eggs, or young are expected from the MHCP Subregional Plan
and the Carlsbad subarea plan, since the MHCP requires the following condition for coverage:
Projects shall to the maximum extent practicable avoid impacts during the breeding season of the
least Bell’s vireo (generally March 15 - September 15). Projects that cannot be conducted
without placing equipment or personnel in or adjacent to sensitive habitats shall be timed to
ensure that habitat is removed prior to the initiation of the breeding season (generally before
March 15).
Direct impacts to vireos are expected to be minimal since of the 2,665 acres of riparian habitat in
the MHCP planning area, 1,996 acres (75 percent) are within the FPA. In addition, the MHCP
has standards for avoidance, minimization, and mitigation of wetland impacts to assure no-net-
loss of wetlands within the planning area. However, impacts can occur to such wetland
communities as described in section 3.6 of MHCP Volume 1. Since such impacts would need to
be fully mitigated according to section 4.4.2 of MHCP Volume 1, no-net-loss of function or
value will occur in MHCP, although there could be a temporal loss of such functions and values.
The MHCP also conserves 85 percent of known vireo locations and 93 percent of vireo locations
in the BCLA. However, the flood control operation and maintenance activities in the San Luis
Rey River could adversely affect such areas. If such impacts occur, the effects of the MHCP and
City’s subarea plan would need to be reanalyzed with a new species baseline. In addition, the
MHCP has standards for avoidance, minimization, and mitigation of wetland impacts to assure
no-net-loss of wetlands within the planning area. The MHCP also has species specific standards
for vireos which consist of the following (MHCP Volume 2):
1. As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, a qualified biologist possessing a Section 1 O(a)l (A) research least Bell’s
Vireo permit for this species must survey all areas containing potentially suitable habitat
(riparian vegetation communities) using approved survey protocols. Surveys shall occur
prior to any proposed impact regardless of location inside or outside of the FPA. Surveys
shall be conducted when impacts could occur as a result of indirect impacts by placement
of the project in or adjacent to suitable habitat or through creation of suitable conditions
for brown-headed cowbirds (e.g., agricultural fields, livestock presence, woodland parks,
and roadsides).
Any take, both inside and outside of the FPA, shall be consistent with the conditions
outlined herein. Projects that impact least Bell’s vireo populations outside the FPA shall
be required to ensure sufficient management to maintain these populations.
Occupied habitat within the FPA shall be managed to restrict activities that could degrade
least Bell’s vireo habitat, including livestock grazing, human disturbance, clearing or
alteration of riparian vegetation, brown-headed cowbird parasitism, and insufficient water
levels leading to loss of riparian habitat and surface water. Area-specific management
directives shall include measures to provide appropriate successional habitat, cowbird
control, and specific measures to protect against detrimental edge effects, and will
remove invasive exotic species (e.g., Arundo donax). Initiate cowbird trapping when
cowbird parasitism rates exceed 1 Opercent or as recommended by monitoring results.
Restrict human access to vireo-occupied habitat during the breeding season (March 15 to
2.
3.
Subregional MHCP and Carlsbad Subarea Plan Findings 101
September 15) except for qualified researchers or land managers performing essential
preserve management, monitoring, or research fknctions.
Projects having direct or indirect impacts to the least Bell’s vireo within the MHCP
planning area shall adhere to the following measures to avoid or reduce impacts:
a.
4.
The removal of native vegetation and habitat shall be avoided and minimized to
the maximum extent practicable. Determination of adequate avoidance and
minimization of impacts shall be consistent with Sections 3.6 and 3.7 of the
MHCP plan. Deviations from these guidelines shall require written concurrence
of the Service and Department. For temporary impacts, the work site shall be
returned to preexisting contours and revegetated with appropriate native species.
All revegetation for temporary and permanent impacts shall occur at the ratios
specified in Section 4.3 of the MHCP plan, with a minimum 3 : 1 ratio for
recreation of occupied or potential vireo habitat. Revegetation specifications shall
ensure creation and restoration of riparian woodland vegetation to vireo quality.
All revegetation plans shall be prepared and implemented consistent with
Appendix C (Revegetation Guidelines) and shall require written concurrence of
the Service and Department. If written objections are not provided by the wildlife
agencies within 30 days of receipt of written request for concurrence by the local
jurisdiction, then the deviation may proceed as approved by the local agency. The
wildlife agencies shall provide written comments specifying wildlife agency
concerns.
Projects shall be carried out consistent with Appendix B (Standard Best
Management Practices).
Projects shall to the maximum extent practicable avoid impacts during the
breeding season of the least Bell’s vireo (generally March 15 - September 15).
Projects that cannot be conducted without placing equipment or personnel in or
adjacent to sensitive habitats shall be timed to ensure that habitat is removed prior
to the initiation of the breeding season (generally before March 15).
Construction noise levels at the riparian canopy edge shall be kept below 60 dBA
Le4 (Measured as Equivalent Sound Level) from 5 a.m. to 11 a.m. during the peak
nesting period of March 15 to July 15. For the balance of the dayheason, the
noise levels shall not exceed 60 decibels, averaged over a 1- hour period on an A-
weighted decibel (dBA) (i.e., 1 hour Leq/dBA). Noise levels shall be monitored
and monitoring reports shall be provided to the jurisdictional city, the Service, and
the Department. Noise levels in excess of this threshold shall require written
concurrence from the Service and Department and may require additional
minimizatiodmitigation measures.
Brown-headed cowbirds and exotic species detrimental to least Bell’s vireo shall
be removed from the site. For new developments adjacent to preserve areas that
create conditions attractive to brown-headed cowbirds, jurisdictions shall require
monitoring and control of cowbirds.
Biological buffers of at least 100 feet shall be maintained adjacent to occupied
least Bell’s vireo habitat, measured from the outer edge of riparian vegetation.
b.
c.
d.
e.
f.
Subregional MHCP and Carlsbad Subarea Plan Findings 102
Within this 100- foot buffer, no new development shall be allowed, and the area
shall be managed for natural biological values as part of the preserve system.
Buffers less than 100 feet shall require written concurrence of the Service and
Department within 30 days of receipt of written request for concurrence by the
local jurisdiction.
Suitable unoccupied habitat preserved within the FPA shall be managed to maintain or
mimic effects of natural fluvial processes (e.g., periodic substrate scouring and
deposition).
Natural riparian connections with upstream riparian habitat shall be maintained to ensure
linkage to suitable occupied and unoccupied habitat within the County MSCP and City of
San Diego MSCP Subarea Plans.
5.
6.
Of the 574 acres of riparian habitats supporting or potentially supporting least Bell’s vireo in the
City, approximately 498 acres (87 percent) are located within preserve areas, along with 95
percent of the known point locations for this species. Therefore, approximately 76 acres (1 3
percent) of riparian habitat may be impacted. Of an estimated 61 9 acres of vireo habitat located
in biological core and linkage areas, approximately 546 acres (88 percent) are expected to be
conserved in preserve areas, with potential impacts to 73 acres (1 2 percent).
Of the five major areas of suitable vireo habitat in Carlsbad listed above, all except the Sherman
property are included in the hardline preserve. The Sherman property is a Standards Area in the
HMP. Standards for development within Local Facilities Management Zone 25 (which includes
the Sherman property) include:
“Conservation of 75 percent of the Sherman property is required to provide adequate
connectivity within the regional gnatcatcher corridor. Align future Marron Road to
minimize impacts to sensitive biological resources and disruption of wildlife movement.
Conserve wetland habitats and set development back at least 100 feet .... Conserve and
enhance riparian vegetation along Buena Vista Creek with 200-foot buffers supporting
natural vegetation between wetland habitats and development. Prohibit fill or
development within the existing 100 year flood plain except where required for
Circulation Element roads, Drainage Master Plan facilities, or other essential public
infrastructure. Use sensitive design of any road or utility crossing of Buena Vista Creek.”
A biological constraints analysis for the Sherman property indicates that the site supports 50.02
acres (37.3 percent of the site) of southern arroyo willow riparian forest. The zone-specific
standards above would allow development of up to 33.5 acres (66.9 percent of the potential vireo
habitat on site) of circulation element roads, drainage master plan facilities, or other essential
public infrastructure within potential vireo habitat. Though the City’s no-net loss of wetlands
policy ensures that riparian forest, riparian woodland, and riparian scrub habitats will be replaced
if impacted in the plan area, temporal loss of habitat, and degradation of habitat quality are
possible.
Subregional MHCP and Carlsbad Subarea Plan Findings 103
The MHCP Subregional Plan provides measures to avoid and minimize such indirect effects as
described above. In addition, the City’s Subarea plan requires the following additional measures
to further minimize indirect impacts to vireos:
1. Manage preserve areas to minimize activities that would degrade riparian habitats, restrict
the alteration or clearing of riparian vegetation, control exotic invasive vegetation, control
cowbirds and predators, and maintain hydrology and water quality in riparian habitats.
Restrict activities in Vireo-occupied habitat during the breeding season, including no
clearing of habitat (April 15 to September 15). Where appropriate, restore or enhance
riparian habitat suitable for vireos and other sensitive riparian species.
Incidental take of the species or occupied habitat during the breeding season (March 15 to
September 15) is prohibited except as specifically authorized on a case-by-case basis.
The long-term preserve management plan shall provide area specific management
directives for known or potential Least Bell’s Vireo nesting areas, including specific
adaptive management measures to control brown-headed cowbirds, provide appropriate
successional habitat, provide upland buffers for known populations, minimize night
lighting, minimize noise impacts, and protect riparian areas against detrimental edge
effects from adjacent development, recreational impacts, and other direct and indirect
impacts.
2.
In addition, management will begin initially for approximately half of the areas that have or once
had documented least Bell’s vireo and any new populations will be managed per the MHCP
standards.
Only 1,120 acres of 2,429 acres of vireo critical habitat are within the FPA, however, the entire
wetland portion of the San Luis Rey River throughout the City of Oceanside is within the FPA.
This is partly due to the course mapping units used in the critical habitat designation process.
However, some adjacent upland habitat which can provide foraging and dispersal habitat for the
vireo and is necessary for buffering the San Luis Rey River are not in the FPA. As a result, some
impacts to vireo critical habitat may occur from the MHCP Subregional Plan. However, the plan
requires 1 00-foot biological buffers to the San Luis Rey River and avoidance of wetland impacts
as described above.
The plan acknowledges the U.S. Army Corps of Engineers San Luis Rey flood control project
that is currently in formal consultation under section 7 of the Act with the Service. This project
could have significant impacts to vireo critical habitat, however, the project is not a part of the
MHCP. However, if significant vegetation removal occurs as a result of the San Luis Rey River
flood control activities, formal consultation on this species and its critical habitat would need to
be reinitiated and reevaluated with a new biological baseline. This could affect the coverage of
this species for all Cities within the MHCP.
No vireo critical habitat has been designated within the City of Carlsbad, so no impacts will
occur from the City’s subarea plan.
Subregional MHCP and Carlsbad Subarea Plan Findings 104
The proposed action will directly and indirectly effect the least Bell’s vireo described in the
analyses above. The avoidance, minimization, and/or mitigation measures included in the
MHCP Subregional Plan and City’s Subarea Plan will reduce any impacts that may occur to this
species. This Preserve will be adaptively managed, per the measures included in the MHCP
Subregional Plan and City’s Subarea Plan which will hrther reduce the indirect effects and
benefit the species. We have concluded that the City’s HMP will have no affect on vireo critical
habitat, but the MHCP Subregional Plan may adversely affect vireo critical habitat. However,
the plan assures that impacts will be minimized and mitigated appropriately. Thus, after
reviewing the current status of this species, the environmental baseline for the action area, the
effects of the proposed action, and the cumulative effects, the Service determined in the Carlsbad
Biological Opinion that the Subregional MHCP Plan and the City’s HMP is not likely to
jeopardize the continued existence or recovery of this species.
The proposed action will also adversely affect vireo critical habitat. However, critical habitat
would remain functional and ensure conservation of the species for the following reasons:
1) most of the critical habitat occurs within the FPA (66 percent); 2) the MHCP Subregional Plan
requires no-net-loss of wetland function and values; 3) the MHCP Subregional Plan requires
projects that impact least Bell’s vireo populations outside the FPA to ensure sufficient
management to maintain these populations; 4) the MHCP Subregional Plan requires occupied
habitat within the FPA to be managed to restrict activities that could degrade least Bell’s vireo
habitat; 4) the MHCP Subregional Plan requires all impacts to be mitigated fully; 5) the MHCP
Subregional Plan requires breeding season restrictions, noise control, removal of exotic species,
and biological buffers of at least 100 feet shall be maintained adjacent to occupied least Bell’s
vireo habitat, measured from the outer edge of riparian vegetation.
The mitigation measures for this species are adequate to offset the impacts because the amount of
incidental take is expected to be low (not more than 3 individuals); additional protection is
afforded from wetland policies; breeding season restrictions; restrictions both inside and outside
the FPA for this species; 1 00-foot biological wetland buffers; noise restrictions; and management
and monitoring to reduce any indirect impacts that may occur.
Polioptila californica californica (Coastal California gnatcatcher)
Gnatcatchers typically occur in or near coastal sage scrub habitat. Coastal sage scrub is patchily
distributed throughout the range of the gnatcatcher, and the gnatcatcher is not uniformly
distributed within the structurally and floristically variable coastal sage scrub vegetation
community. Rather, the subspecies tends to occur most frequently within California sagebrush-
(Artemisia californica) dominated stands on mesas, gently sloping areas, and along the lower
slopes of the coast ranges (Atwood 1990). An analysis of the percent gap in shrub canopy
supports the hypothesis that gnatcatchers prefer relatively open stands of coastal sage scrub
(Weaver 1998). The gnatcatcher occurs in high frequencies and densities in scrub with an open
or broken canopy while it is absent from scrub dominated by tall shrubs and occurs in low
frequencies and densities in low scrub with a closed canopy (Weaver 1998). Territory size
Subregional MHCP and Carlsbad Subarea Plan Findings 105
increases as vegetation density decreases and with distance from the coast, probably due to food
resource availability.
Gnatcatchers also use chaparral, grassland, and riparian habitats where they occur adjacent to
sage scrub (Campbell et al. 1998). The use of these habitats appears to be most frequent during
late summer, autumn, and winter, with smaller numbers of birds using such areas during the
breeding season. These non-sage scrub habitats are used for dispersal, but data on dispersal use
are largely anecdotal (Campbell et al. 1998). Probable dispersing gnatcatchers have been
documented in vegetation dominated by such species as Brassica spp. (wild mustard), annual
grasses, SaZsola tragus (Russian thistle), Baccharis salicifolia (mule fat), Salix spp. (willow), and
Tamarix spp. (salt cedar) (Campbell et al. 1998). Linkages of habitat along linear features such
as highways and power-line corridors may be of significant value in linking populations of the
gnatcatcher (Famolaro and Newman 1998). Although existing quantitative data may reveal
relatively little about gnatcatcher use of these other habitats, these areas may be critical during
certain times of year for dispersal or as foraging areas during drought conditions (Campbell et al.
1998). Breeding territories have also been documented in non-sage scrub habitat. Campbell et
al. (1998) discuss likely scenarios explaining why habitats other than coastal sage scrub are used
by gnatcatchers including food source availability, dispersal areas for juveniles, temperature
extremes, fire avoidance, and lowered predation rate for fledglings.
The breeding season of the gnatcatcher extends from mid-February through the end of August,
with the peak of nesting activity occurring from mid-March through mid-May. The gnatcatcher’s
nest is a small, cup-shaped basket usually found 1 to 3 ft above the ground in a small shrub or
cactus. Clutch sizes range between three and five eggs, with the average being four. Juvenile
birds associate with their parents for several weeks (sometimes months) after fledging (Atwood
1990). Nest building begins in mid-March with the earliest recorded egg date of March 20
(Mock et al. 1990). Post-breeding dispersal of fledglings occurs between late May and late
November. Nest predation is the most common cause of nest failure (Grishaver et al. 1998).
Gnatcatchers are persistent nest builders and often attempt multiple broods, which is suggestive
of a high reproductive potential. This is, however, typically offset by high rates of nest predation
and brood parasitism (Atwood 1990). Nest site attendance by male gnatcatchers was determined
to be equal to that of females for the first nest attempt and then decline to almost a third of
female nest attendance for later nesting attempts (Sockman 1998).
The gnatcatcher has the following needs to survive and recover:
1. Functional habitat needs to be maintained in large, interconnected blocks sufficient to
support viable, interconnected populations. In some cases such areas may need to be
enhanced and/or created.
2. Gnatcatcher habitat needs to be protected from changes in natural fire regimes as a result
Subregional MHCP and Carlsbad Subarea Plan Findings 106
of fire suppression or increased fire frequency due to anthropogenic ignitions.
Gnatcatcher habitat needs to be managed to adequately mitigate those effects, should they
occur.
3‘ The quality of gnatcatcher habitat needs to be maintained at high levels via management
of exotic plant and animal species (e.g., the brown-headed cowbird and feral cats).
MHCP Planning Area
Currently, there are 9,152 acres of suitable gnatcatcher habitat in the MHCP planning area.
Gnatcatcher habitat is found in all of the participating MHCP cities. The MHCP tentatively
estimates the gnatcatcher population within the MHCP study area at 400 to 600 pair. The MHCP
database (May 1999 update) currently includes 539 point locality records in the MHCP cities.
This represents a significant increase over the previous number of records included in the Public
Review Draft MHCP (378 points), largely due to incorporating new records from the San Diego
Bird Atlas project. The Bird Atlas data are less spatially biased than other survey data (e.g., from
CEQA reports), which tend to disproportionately cover properties proposed for development.
Therefore, the current MHCP database represents a more complete and less biased overview of
species distribution in the study area. Inspection of the overall distribution of gnatcatcher
database points throughout the study area, the density of points in well surveyed areas, and the
overall high level of survey coverage in the MHCP cities suggests that roughly 400 occupied
gnatcatcher locations represent a reasonable, minimum gross estimate of gnatcatcher pairs in the
MHCP plan area in an “average” year, and that about 600 or more pairs could occupy the MHCP
plan area in an optimal year.
There are major populations and critical locations of gnatcatchers in Carlsbad, Escondido,
Oceanside, and San Marcos. Major populations occur at the proposed Carlsbad municipal golf
coursehlacario canyon, Holly Springs/Calavera area, the La CostaRJniversity Commons area,
north Oceanside adjacent to Camp Pendleton, Bernard0 Mountain, San Pasqual Valley, Kit
Carson Park, and the Quail Hills area. Critical population locations include the Calavera
LakeKalavera Highlands area, the La Costflniversity Commons area, and north Oceanside
adjacent to Camp Pendleton. Critical linkage areas include the regional stepping-stone corridor
through Oceanside, east Carlsbad, and southwest San Marcos (see figure on page 4-338 of
MHCP Volume 2).
The limited number of major/critical gnatcatcher populations within the MHCP planning area
(described above) are isolated from each other. Genetic exchange may still occur via the few
remaining critical linkage areas. Gnatcatcher population reductions and fragmentation of
gnatcatcher habitat within the planning area are a direct result of increased urbanization.
Because the participants in the MHCP are incorporated cities located within, or in close
proximity to, the coastal portion of San Diego County, it is expected that increased development
pressures within these areas will continue.
Subregional MHCP and Carlsbad Subarea Plan Findings 107
HMP Planning Area
The HMP planning area is estimated to contain 100 to 150 pairs of gnatcatchers. Survey
information used in the development of the HMP resulted in 2 14 broadly distributed point
localities for gnatcatchers in the plan area. However, point locations do not necessarily reflect
the current numbers or distribution of gnatcatchers in Carlsbad. Most point locations are the
result of project-specific surveys that are patchily distributed in space and time. Some areas
possibly supporting gnatcatchers have never been surveyed, which may give the impression that
the area is not occupied. Other sites may have been surveyed more than once, and the repeated
detections of gnatcatchers on the site over multiple years may create the impression of greater
gnatcatcher density on the site than actually occurs. Other point locations may represent
gnatcatchers that occurred historically in habitat that no longer exists or has been degraded to the
extent that it supports fewer or no gnatcatchers, creating the impression that the City is capable of
supporting a number or distribution of gnatcatchers that it actually cannot. Large areas of the
City without records of gnatcatcher occurrence (e.g., the between Buena Vista and Agua
Hedionda lagoons, west of El Camino Real) likely represent areas from which gnatcatcher habitat
was eliminated by urban or agricultural development prior to initiation of widespread surveys for
the gnatcatcher.
Conclusions that can be drawn from the distribution of gnatcatcher point locations in Carlsbad
are (1): that suitable gnatcatcher habitat is or was broadly distributed over the City, and (2): that
gnatcatchers occur, or occurred, or have the potential to occur, within much of this habitat, and
thus, much of the City. Within Carlsbad, major populations of gnatcatchers are found in the La
Costa area in the southeast, the Carlsbad Municipal Golf Course/Macario Canyon area in central
Carlsbad, and the Holly SpringsKalavera area in the northeast. Multiple gnatcatcher locations
are also associated with scattered coastal sage scrub patches in the northern portion of Carlsbad
near Buena Vista Creek, central Carlsbad between Palomar Airport Road and Batiquitos Lagoon,
and the Fieldstone Northwest/Rancho Carillo area of east-central Carlsbad. The Calavera Butte
Lake CalaverdCarlsbad Highlands area in northeastern Carlsbad, and the La Costa /University
Commons area of southeast Carlsbad and San Marcos, are considered critical populations in the
MHCP.
The HMP area includes 3,315 acres of coastal sage scrub and 3,790 acres of other habitat types
that may be used by gnatcatchers for biological needs such as breeding, foraging, or dispersal, or
drought refugia (Atwood et al. 1998; Campbell et al. 1998), including 968 acres of chaparral, 392
acres of southern maritime chaparral, 574 acres of riparian habitat, and 1,856 acres of grassland.
A relatively large proportion of the potential gnatcatcher habitat in the City is considered of high
quality. The MHCP planning process modeled suitable gnatcatcher habitat throughout the
planning area. Modeling results show that the Carlsbad Subarea contains the most high-value
habitat in the MHCP area in comparison to other subareas. Based on the Gnatcatcher Habitat
Evaluation Model the Carlsbad area contains a total of 1,392 acres of high value, 263 acres of
medium value, and 572 acres of low value habitat for the gnatcatcher. Although individual
Subregional MHCP and Carlsbad Subarea Plan Findings 108
habitat patches may be of high quality, gnatcatcher habitat in Carlsbad is generally highly
fragmented, consisting of isolated or narrowly connected patches, with a high edge-to-area ratio.
The City is located in a highly urbanized area and is approximately 65 percent developed.
Because of existing patterns of development and continued agricultural use, there is a high
degree of habitat fragmentation. None-the-less, gnatcatchers may still persist in these areas. A
review of gnatcatcher survey results in small patches of coastal sage scrub in Oceanside indicated
that gnatcatcher occupancy is persistent in small patches in coastal areas (Spencer 1997). Some
of the smallest patches, that had been isolated for an average of 19 years, and some for over 50
years, still had populations of gnatcatchers in them. In addition, a recent unpublished report by
the Service (Winchell and Doherty 2002), found that patch size was not a good predictor of
occupancy by gnatcatchers.
The MHCP identifies a “stepping stone corridor” that extends north and south across the Cities
of Oceanside and Carlsbad. From a regional habitat perspective, undeveloped areas in the
coastal cities of Carlsbad and Oceanside may serve as an integral “stepping stone linkage”
connecting populations of gnatcatchers in Orange and Riverside counties with populations to the
south and east of Carlsbad. These stepping stones may play an important role in keeping the
overall metapopulation of gnatcatchers intact and viable by maintaining genetic and demographic
connectivity between other larger habitat areas.
Existing hardline, proposed hardline, and proposed standards areas in the HMP were formulated
with the objectives of preserving suitable habitat for proposed covered species, and providing
linkages to allow habitat connectivity for the species. These linkages may provide connectivity
with other hardline areas within the Subarea, or to other habitat outside of the Subarea and
MHCP, as described above (under Project Description, Core and Linkage FPAs).
There are two primary north south linkages through Carlsbad. Along the eastern edge of the
City, Core areas 7,5, and 3 along with links C and D encompass the regional stepping-stone
corridor. Core area 7 and its associated hardline area is the only preservation area, within the
City of Carlsbad, that will provide direct connectivity outside of the MHCP. Much of the
preserve in this area has already been conserved as part of the FieldstoneNillages of La Costa
HCP CW q CPrJgdpa 1~~50. The second north-south corridor occurs closer to the coast, west of El
Camino. Link F (hardline and standards areas) connects conserved lands in Core area 8
(Batiquitos Lagoon) to lands north of Palomar Airport Road in Core area 4, of which the majority
of lands are proposed hardline areas. What remains of Link F is predominately existing open
space that was set aside as part of the Aviara development. A few small areas are proposed
standard areas and will be subject to the HMP.
One of the largest blocks of habitat in the HMP is Core Area 3, where critical blocks of coastal
sage scrub are densely occupied by a critical population of gnatcatchers and other sensitive
species. This area connects to core areas in Carlsbad via linkage C and D. About two thirds of
this area has already been conserved andor developed as part of the Calavera Heights project.
This project was permitted prior to the HMP. However, this area has an extension of Cannon
Subregional MHCP and Carlsbad Subarea Plan Findings 109
Road proposed through it which, if built, may have significant adverse affects to wildlife
movement. The permit includes a special condition to address this issue (see effects of the
action).
The interface between the Cities of Carlsbad and Oceanside occurs at Buena Vista Creek through
the Sherman property and the Kelly-Bartman property in the City of Carlsbad. This area is a
critical link in the regional wildlife corridor, being planned to allow for movement of
gnatcatchers, and other species, between core habitat areas on Camp Pendleton and in
northern Carlsbad. This corridor extends southward from the Kelly-Bartman and Sherman
properties on the northern border of the City, through the Calavera Hills development, the
Calavera Preserve and environs, the Holly Springs, Cantarini, Mandana, and Kato properties, the
Tchang property, Carlsbad Raceway and Palomar Forum project sites, Rancho Carrillo open
space, and out of the plan area into the adjacent unincorporated area of San Diego County,
approximately 0.6 mi north of the relatively extensive open space associated with Villages of La
Costa.
The Kelly-Bartman property is one of only two locations where gnatcatchers have the potential to
travel from suitable habitat in Oceanside to undeveloped habitat in Carlsbad, and is thus
extremely important to gnatcatcher conservation within the subregion. The site was approved for
development prior to the HMP. The open space remaining on-site will only be approximately 50
feet wide. Although the corridor will be severely restricted in this location, it is only for a short
distance. The baseline condition for the Sherman Property is also constrained, in that the City of
Carlsbad’s circulation element includes the extension of Marron Road through the site. This road
has not been permitted, however, and therefore will be addressed as part of the HMP (see effects
of the action). A special term and condition associated with the development of such a road has
been added to the permit to help avoid adverse effects to this corridor.
As mentioned above, several larger projects proceeded with their own individual permits, ahead
of the HMP because the permitting was delayed due to the Coastal Commission’s review. The
procession of these projects further contributes to the fragmentation in the City, however, the
patches of habitat across the City of Carlsbad remain within the known dispersal
distance for the gnatcatcher. The text and figures of the HMP were not updated to reflect
those projects already permitted; however, the acreage of impacted versus conserved, by habitat
type, in Table 8 of the HMP, was updated for all projects except the Carlsbad Oaks North project
(due to timing of approval - too close to the reproduction date of the HMP addendum 2).
Conservation Needs of the Gnatcatcher in the Action Area
MHCP
Based on the current status of the gnatcatcher and its habitat within the MHCP planning area, the
gnatcatcher has the following needs in the action area relative to its range-wide survival and
recovery:
Subregional MHCP and Carlsbad Subarea Plan Findings 110
1. The regionally critical stepping-stone corridor that connects core populations of
gnatcatchers within the MHCP planning area to core populations of gnatcatchers north
and south of the planning area needs to be maintained and managed. Conservation of this
critical stepping-stone corridor will maintain the viability of the species within the
planning area by providing a pathway for genetic exchange between core populations.
2. Critical populations of gnatcatchers and large blocks of gnatcatcher habitat capable of
supporting large concentrations of gnatcatchers, both within and adjacent to the planning
area, need to be maintained and managed. In some cases such areas may need to be
enhanced.
3. Gnatcatcher habitat needs to be protected from the deleterious edge effects that result
fiom urbanization (e.g., introduction of exotic plants and animals, changes in natural fire
regimes) and managed to adequately mitigate those effects, should they occur.
HMP
Based on the current status of the gnatcatcher and gnatcatcher habitat within the HMP planning
area, the gnatcatcher has the following needs in this portion of the action area relative to its
range-wide survival and recovery:
1. Critical linkage areas that connect gnatcatcher habitat within the HMP planning area to
areas outside of the planning area (e.g., Sherman Property), thereby providing a pathway
for genetic exchange, need to be maintained and managed.
2. Critical populations of gnatcatchers, and large blocks of gnatcatcher habitat capable of
supporting large concentrations of gnatcatchers within the planning area need to be
maintained and managed. In some cases such areas may need to be enhanced.
3. Gnatcatcher habitat within the planning area needs to be protected fiom the deleterious
edge effects that result from urbanization (e.g., introduction of exotic plants and animals,
changes in natural fire regimes) and managed to adequately mitigate those effects, should
they occur.
Critical Habitat
MHCP
Approximately 20,385 acres of gnatcatcher critical habitat are designated within the MHCP
planning area. Of this, 12,71.0 acres (62 percent) are within the FPA. Most of the differences in
spatial distribution between the FPA and the critical habitat are due to the coarse mapping scale
used by the critical habitat mapping process (UTM grid) as compared to the refined scale used by
Subregional MHCP and Carlsbad Subarea Plan Findings 111
the FPA mapping process (Parcel lines). However, Veteran’s memorial cemetery in the City of
Oceanside and various parcels within southern San Marcos are not within the FPA, but possess
important habitat for gnatcatcher breeding, foraging and dispersal, and as such are designated
critical habitat.
Approximately 22,676 acres of gnatcatcher critical habitat are proposed within the MHCP. Of
this, 14,240 acres (63 percent) are within the FPA. Again, most of the differences in spatial
distribution between the FPA and the critical habitat are due to the coarse mapping scale used by
the critical habitat mapping process (UTM grid) as compared to the refined scale used by the
FPA mapping process (Parcel lines). In addition, most of the areas proposed as critical habitat
overlap those areas designated as critical habitat in the October 2000 designation. The
differences in the two proposals include the deletion of approximately 368 acres (29 acres within
the FPA) designated as critical habitat in 2000. These lands were the subject of a section 7
consultation or were in development prior to the publication of the 2003, re-proposal. We
consulted with the Corps, pursuant to section 7 of the Act, on impacts to the gnatcatcher and its
designated critical habitat within the boundaries of the University Commons project in the City
of San Marcos (biological opinions 1 -6-00-F-2285 and 1 -6-00-F-2703), and construction of this
project is currently underway. In addition, a portion of the San Elijo Hills project in the City of
San Marcos was developed prior to the publication of the proposed rule, and as a result, is no
longer proposed as critical habitat.
Additions to the October 2000, designation include approximately 2,656 acres (1,558 acres
within the FPA) that are proposed as critical habitat for the gnatcatcher. These areas are: (1)
Lux Canyon in the City of Encinitas; (2) a portion of La Mirada Canyon in the City of Vista; and
(3) three smaller unnamed parcels of land located in the northern, central, and eastern portions of
the City of Encintas. All of these areas are located within existing hardline preserves (100
percent conservation), with the exception of the three small parcels in the City of Encinitas which
are identified as softline preserve areas (67 percent conservation).
HMP
Approximately 7,072 acres of gnatcatcher critical habitat are designated within the HMP
planning area. Of this, 4,229 acres (60 percent) are within the FPA. Most of the differences in
spatial distribution between the FPA and the critical habitat are due to the coarse mapping scale
used by the critical habitat mapping process (UTM grid) as compared to the refined scale used by
the FPA mapping process (Parcel lines).
Approximately 7,338 acres of gnatcatcher critical habitat are proposed within the HMP. Of this,
4,258 acres (58 percent) are within the FPA. Again, most of the differences in spatial
distribution between the FPA and the critical habitat are due to the coarse mapping scale used by
the critical habitat mapping process (UTM grid) as compared to the refined scale used by the
FPA mapping process (Parcel lines). In addition, most of the areas proposed as critical habitat
overlap those areas designated as critical habitat in the October 2000, designation.
Subregional MHCP and Carlsbad Subarea Plan Findings 112
However, approximately 312 acres (41 acres in the FPA) proposed as critical habitat for the
gnatcatcher were not included in the October 2000, designation. These areas include: (1) the
entire Carlsbad Oaks North project area; (2) the Dawson Los Monos Reserve; (3) two small
portions of the existing hardline preserve within the Calavera Heights project area (approved by
the city in 1993); (4) a small portion of the existing hardline preserve along Encino Creek
(adjacent to Costco); and (5) a small portion of the existing hardline preserve in south eastern La
Costa. All of these areas, except for the Carlsbad Oaks North project site, will be 100 percent
conserved under the City’s HMP. The Carlsbad Oaks North project is subject to a section 7
consultation with the Corps (biological opinion 1 -6-00-F-2874), and therefore, is not being
permitted through the HMP. In addition, approximately 34 acres (2 acres within the FPA)
designated as critical habitat in 2000 were not included in the April 2003 proposed critical
habitat designation because they are associated with the Calavera Heights development project,
where construction has begun.
Direct Effects of the MHCP
The MHCP Subregional plan requires that the following conditions (see MHCP Volume 2) be
met by individual cities, to receive coverage, for the gnatcatcher:
1.
2.
3.
4.
5.
6.
Conserve at least 5,580 acres (61 percent) of the extant coastal scrub (including coastal
sage scrub, maritime succulent scrub, coastal bluff scrub, and mixed coastal sage
scrub/chaparral vegetation communities) within the MHCP plan area.
Conserve at least 55 percent (2,780 acres) of the remaining high- value breeding habitat
and 60 percent (963 acres) of the remaining moderate-value breeding habitat in the
MHCP plan area, as determined using the MHCP habitat suitability model.
Conserve at least 68 percent (5,185 acres) of the coastal scrub that lies within the BCLA,
and conserve at least 64 percent of the high- value breeding habitat (2,55 1 acres) and 78
percent of the moderate-value breeding habitat (89 1 acres) that lies within the BCLA.
Conserve at least 62 percent of known gnatcatcher localities (333 of 539 points),
including 69 percent of the locations within the BCLA (295 of 43 1 points).
Restore and enhance at least 338 acres of coastal sage scrub in critical locations to
increase breeding habitat and improve functionality of a “stepping-stone” linkage through
the MHCP plan area.
Conserve 400 to 500 acres of core gnatcatcher breeding habitat in the unincorporated area
southeast of the MHCP plan area, but contiguous with and contributing to the
stepping-stone corridor across the plan area. The gross acreage conserved may be larger
than this to include 400 to 500 acres of gnatcatcher breeding habitat. The core area must
Subregional MHCP and Carlsbad Subarea Plan Findings 113
7.
8.
9.
10.
11.
12.
be capable of supporting at least 16 to 23 pairs of breeding gnatcatchers during goad
years, as determined by appropriate habitat evaluations and verified by hture monitoring.
Implement an adaptive management program to comprehensively monitor and manage
gnatcatcher habitat and populations throughout the preserve system. Increased
coordination of monitoring and management may improve knowledge of species’
requirements and habitat quality in the study area.
Take of occupied gnatcatcher habitat must be mitigated according to approved MHCP
(Volume I, Section 4.3) or subarea plan ratios using one or more of the following
measures:
(a)
(b)
conservation of occupied gnatcatcher habitat inside the BCLA or in the
unincorporated core area;
conservation of linkage areas identified by the MHCP as critical to regional
gnatcatcher population connectivity (whether or not such areas are currently
occupied by gnatcatchers or vegetated with coastal sage scrub); or
restoration of gnatcatcher habitat within critical breeding or linkage areas
identified by the MHCP. (c)
Carlsbad-Abide by all specific conditions and standards listed in the Carlsbad HMP,
including core area contributions, restoration obligations, reserve configuration standards,
and mitigation obligations. Ensure continued hnctionality of the gnatcatcher
stepping-stone linkage across the city, and especially at its boundaries with adjoining
cities.
Encinitas-Ensure at least 67 percent conservation of coastal sage scrub within the city’s
sphere of influence via conservation standards to apply when properties are proposed for
annexation to the city. Standards must ensure that the conserved areas are contiguous and
contribute substantially to the gnatcatcher core area and preserve design.
Escondido-Mitigate take of occupied gnatcatcher habitat by conservation of occupied
gnatcatcher habitat elsewhere within the city (e.g., in or adjacent to the San Pasqual
Valley), elsewhere within the MHCP plan area, or within the unincorporated core area.
Oceanside-Conserve at least 664 acres of existing coastal sage scrub in the city, and
restore or enhance at least 164 additional acres of coastal sage scrub. Within the city’s
designated Wildlife Corridor Planning Zone, conserve at least 480 acres of biological
open space in a configuration that accommodates continued movement by California
gnatcatchers between State Route 78 and the San Luis Rey River. Of this 480-acre total,
conserve at least 2 10 acres of existing gnatcatcher breeding habitat (coastal sage scrub),
and increase the net amount of viable breeding habitat within the zone by at least 145
acres through restoration of disturbed, developed, or annual grassland habitats to coastal
sage scrub in key locations (Note: Acreages conserved and restored within the Wildlife
Subregional MHCP and Carlsbad Subarea Plan Findings 114
Corridor Planning Zone count towards the 664 total coastal sage scrub and 164 total
restoration acreage requirements for the city.) Conserve 120 acres of contiguous
biological open space on the western portion of the city-owned El Corazon property,
including at least 45 acres west of the San Diego Gas and Electric transmission easement
and 75 acres along Garrison Creek on the northern portion of the property, as detailed in
the Oceanside Subarea Plan.
13. San Marcos-Maintain an average minimum width of 1,000 feet for the linkage across
southwest San Marcos (University Commons area) between the unincorporated core area
and east Carlsbad. Restore or enhance at least 30 acres of high quality coastal sage scrub
(not including restoration requirements for the San Marcos Landfill) in the southwestern
portion of the city to increase habitat contiguity for gnatcatcher breeding and dispersal.
(Note: The County of San Diego must restore an additional 79.3 acres on the San Marcos
Landfill, but this is not considered an obligation of the City of San Marcos or the MHCP.)
14. Solana Beach-No specific conditions.
15. Vista-Conserve at least 67 percent of coastal sage scrub within the BCLA.
Implementation of the MHCP will adversely affect the gnatcatcher through the loss of
approximately 38 percent of known point locations and 39 percent of the extant coastal sage
scrub. However, approximately 9 percent of the coastal sage scrub that will be lost is within
areas that were not considered to be biologically viable in the long term. Some critical locations
will be substantially impacted on already constrained properties; however, most major
populations and other critical locations will be substantially conserved. The MHCP will
adversely affect the conservation needs of the gnatcatcher by reducing the size of core population
areas within the study area and the stepping-stone corridor will be further constrained by
development. However, edge effects will be minimized through the management and monitoring
required by the MHCP.
The FPA will conserve a minimum of 5,580 acres (61 percent) of the extant coastal sage scrub,
62 percent of known point locations, and 59 to 60 percent of the estimated canying capacity
within the MHCP planning area. This results in conservation of 55 percent of the remaining high
value gnatcatcher habitat (2,780 acres), 60 percent of moderate value habitat (963 acres), and 63
percent of low value habitat (1 33 1 acres). Of those areas that are within the BCLA and therefore
are considered to contribute the most to preserve viability, approximately 64 percent of the high
value habitat and 78 percent of the medium value habitat will be conserved. In addition, the
MHCP includes an additional 338 acres of coastal sage scrub restoration and an additional 400 to
500 acres of conservation in the gnatcatcher core area. Thus, the FPA will contribute to meeting
the conservation needs of the gnatcatcher through the conservation and management of
substantial portions of the major and critical population areas within the MHCP study area, and
the additional conservation and management of core breeding gnatcatcher habitat in the adjacent
unincorporated area. In addition, some losses will be partially offset by population increases
Subregional MHCP and Carlsbad Subarea Plan Findings 115.
expected as a result of restoration, enhancement, and management.
Although there will be a net loss of coastal sage scrub within MHCP, what remains will be
sufficient to continue to support gnatcatchers, within the action area, and to maintain the
stepping-stone corridor through the area. In addition, because the lands will be actively
managed, monitored, and restored, the overall conservation function for the gnatcatcher should
improve.
Direct Effects of the HMP
The HMP, with the permit’s special conditions (see project description), is consistent with the
conditions of coverage outlined above for the MHCP. Of the 3,3 15 acres of coastal sage scrub
(the gnatcatcher’s primary habitat) and 3,790 acres of other gnatcatcher habitat types, the HMP
would allow impacts to 1 176 acres (35 percent) of coastal sage scrub, 292 acres (30 percent) of
chaparral, 50 acres (1 3 percent) of southern maritime chaparral, 80 acres (14 percent) of riparian
habitat, and 1149 acres (62 percent) of grassland. Conversely, 2139 acres (65 percent) of coastal
sage scrub, 676 acres (70 percent) of chaparral, 342 acres (87 percent) of southern maritime
chaparral, 494 acres (86 percent) of riparian habitat, and 707 acres (38 percent) of grassland will
be conserved. These patches are all within the known dispersal distance (for gnatcatchers) of
each other and will continue to function as a stepping stone corridor through the City of
Carlsbad.
Two critical gnatcatcher populations are located in the planning area (Core Areas 3 and 7). In
Core Area 3, which is the primary stepping stoneheeding area in the Carlsbad-Oceanside
corridor, approximately 70 percent of the gnatcatcher locations included in the MHCP database
will be conserved. Approximately two thirds of this area has already been permitted and
developed (see baseline discussion), therefore the effects of this action are minimal. The HMP
will ensure that the long-term management and monitoring of these areas is consistent with the
goals and objectives of the MHCP. The remaining third of Core Area 3 is subject to this permit
and includes the hard lined areas of Holly Springs and Cantarini. Approximately 60 percent of
the coastal sage scrub on these projects sites will be conserved and 26 acres of coastal sage scrub
will be impacted. The proposed configuration will increase the edge-to-area ratio in the
remaining habitat and further constrain the existing corridor. Approximately 8 acres of
grasslands will be restored to coastal sage scrub, and the land will be managed and monitored in
perpetuity as part of the HMP, ensuring the preserve in this area will continue to act as a stepping
stone corridor.
Core Area 7, which has one of the largest populations of gnatcatchers within the MHCP, is
predominately comprised of the FieldstoneNillages of La Costa HCP (see baseline discussion);
therefore, the effects of this action are minimal. The proposed hardline Shelley project is the
only area subject to the HMP in this area. Shelley is predominately non-native grasslands and
has no gnatcatchers on site. Therefore, there will be no direct effects to gnatcatchers in this area
of the City from issuance of this permit. The area will be managed and monitored consistent
with the standards set forth in the MHCP and the HMP.
Subregional MHCP and Carlsbad Subarea Plan Findings 116
In addition to the two critical populations described above, there is also a major population in
central Carlsbad (Core Area 4). About half of this area is already conserved in and around Agua
Hedionda Lagoon. The remaining area is almost entirely proposed hardline projects. Within
Core Area 4, approximately 43 percent of the known gnatcatcher locations will be conserved in
preserve areas. This area includes the proposed municipal golf course and environs, which had a
population of approximately 15 pairs estimated in 1998, as well as Hub and Veterans Parks, and
Kelly Ranch. The HMP will cover these projects. Approximately 1,000 acres will be conserved
in Core Area 4, of which about 300 acres is Coastal sage scrub. The remaining acreage is
predominately wetlands. This area will contribute to the westerly north south linkage, as well as
provide breeding habitat for the gnatcatcher. Outside of these major/critical gnatcatcher
population areas, additional known gnatcatcher pairs are expected to be conserved in smaller
patches of coastal sage scrub.
With regards to linkages, and as described above in the environmental baseline, the Kelly-
Bartman property has already been approved by the City. However, the Kelly-Bartman property
is one of two locations where gnatcatchers have the potential to travel from suitable habitat in
Oceanside to undeveloped habitat in Carlsbad. Due to the standards of the plan on the Sherman
property, it is expected that gnatcatchers, and other species, can continue to persist in this area
and move through to Oceanside. However, if built, the proposed Marron Road extension may
have significant adverse affects to wildlife movement. A busy roadway can cause direct
mortality, and negatively influence the ability of wildlife to obtain food and shelter, find a mate,
raise young and prevent young from dispersing (see Foreman and Alexander 1998, for an
overview). Additionally, construction and operational noise and lighting may preclude animal
use of habitats adjacent to the road. We have proposed to include a special condition to
Carlsbad’s permit that will require further analysis and design considerations (i.e. sound berms,
bridges, and fencing) if the road is proposed for construction. Through that process, we will
work with the City to ensure that the connectivity through the site is maintained. In addition, the
City has committed to increasing the width of the portion of the corridor on the adjacent property
(driving range) if there is a request for a different use on the property.
The Holly Springs development would constrict an important regional habitat linkage that is
currently approximately 1,000 meters wide to approximately 190 meters. Although significantly
smaller than what exists today, the remaining corridor will not preclude gnatcatcher dispersal. In
addition, due to the habitat conserved and managed surrounding the Holly Springs property, the
on-site preserve should continue to host gnatcatchers and allow gnatcatchers and other animals to
disperse through the property.
Also of concern in this area, is the proposed extension of Cannon Road, which could have
significant adverse affects to wildlife and wildlife movement, if built without specific design
features to minimize impacts to wildlife movement. These impacts would be similar to those
described above for Marron Road. The HMP includes this road in its circulation element. As
with Marron Road, we have proposed a special condition to Carlsbad’s permit for Cannon Road,
Subregional MHCP and Carlsbad Subarea Plan Findings 117
that will ensure that these design features are included in the project if the road gets built.
Although not ideal, patches of habitat (both small and large) that are located within dispersal
distance of each other have been shown to function as dispersal corridors for gnatcatchers. For
example, in Orange County, a bird that was banded at Crystal Cove State Park was observed at
Newport - Banning Ranch. This bird had to traverse a highly developed urban area to reach the
Ranch (Will Miller, pers. comm). Preliminary data fiom a study in San Diego County has
documented banded birds crossing Interstate 8 between patches of habitat. Based on these
observations, as well as the studies cited above in the species account, we anticipate that the
stepping stone corridor that is proposed through Carlsbad and the MHCP will continue to allow
for genetic exchange and dispersal of birds, and that the patches of habitat throughout the City
will continue to support breeding pairs of gnatcatchers
The exact number of gnatcatchers that will be adversely affected by the Subarea plan is
unknown. The gnatcatchers found in areas cleared for development would be harmed by
elimination of a portion of their habitat. If the loss of habitat occurs during the breeding season,
direct impact is expected to occur through the death of adult birds, interruption of courtship, nest
building, destruction of eggs, and disturbance or death of unfledged young. To address this
issue, the HMP requires no clearing of occupied habitat between March 1 and August 15.
However, in order to have no impacts to nesting birds, eggs, or chicks, no clearing of occupied
and potentially occupied habitat should occur between February 15 and August 3 1 ; therefore we
have proposed to include this restriction as a special term and condition on Carlsbad’s permit.
Direct impacts to gnatcatchers may also result from the allowance of activities in preserve areas,
such as construction and use of trail networks, roads, other recreational use areas, fire
management techniques, and landscaping of adjacent properties. The draft OSMF addresses
potential uses in the preserve and includes measures to minimize the effects from these uses
which the City has committed to implementing.
If habitat is removed during the non-breeding season, impacts to adult gnatcatchers are still
expected due to the elimination of necessary foraging and sheltering areas for gnatcatchers. The
removal of 1,23 1 acres gnatcatcher habitat is substantial because it reduces the ability for
individuals to find alternate, suitable habitat to forage.
Territory size of an animal (e.g., a gnatcatcher) is the result of a dynamic equilibrium between the
animal’s need for spatially distributed resources (e.g., food, water, shelter, nest sites, mates), the
energy the animal expends in acquisition and defense of those resources (Brown 1964, Carpenter
et al 1983, Gill and Wolf 1975, Myers et al 1979). It follows logically that reductions in habitat
area may injure or kill individuals.
Variable gnatcatcher breeding and post-breeding season territories and home range areas reflect
the changing size needed to meet the particular breeding, feeding, and sheltering requirements of
the species at any given part of the year. For example, Bontrager (1 99 1) notes an 82 percent
increase in home-range size during the non-breeding season, Preston et al. (1998), found a 78
Subregional MHCP and Carlsbad Subarea Plan Findings 118
percent increase in post-breeding home range size, and Braden et al. (1 994) found an 86 percent
increase in home range size during the non-breeding season (when food resources are less
abundant). Therefore, reduction of available habitat will harm individual gnatcatchers by
reducing the available resources for individual gnatcatcher survival. Gnatcatchers need large
non-breeding season territories for adequate sheltering opportunities to reduce predation and
increase survival.
The HMP will contribute to meeting the conservation needs of the gnatcatcher through
substantial conservation of major/critical populations in Core Areas 3,4, and 7, as well as the
conservation of several known gnatcatcher pairs in smaller patches of coastal sage scrub. The
HMP will protect, in perpetuity, approximately 3,3 15 acres of coastal sage scrub, along with
approximately 3,790 acres of other gnatcatcher habitat. In addition, these lands will be actively
managed and monitored to minimize detrimental effects from the adjacent development.
Approximately 188.57 acres of land will also be acquired within the gnatcatcher core area,
through implementation of the HMP, of which 29.4 acres have already been acquired. These
lands are critical to the conservation of the gnatcatcher within San Diego County. The HMP
also includes approximately 104 acres of habitat restoration and enhancement that will improve
linkages.
Although there will be a net loss of coastal sage scrub within the HMP, what remains will be
sufficient to continue to support gnatcatchers, within the action area, and to maintain the
stepping-stone corridor through the area. In addition, because the lands will be actively
managed, monitored, and restored, the overall conservation function for the gnatcatcher should
improve.
Indirect Eflects
MHCP and HMP
Indirect impacts have the potential to cause significant adverse affects to the gnatcatchers within
the action area. These indirect impacts include night lighting, human disturbance, depredation by
domestic pets, and habitat degradation, as generally explained and applicable in the “General
Indirect Effects ” section.
The elimination of gnatcatcher habitat may result in displaced gnatcatchers seeking suitable
habitats elsewhere, with the potential for these gnatcatchers to attempt to establish territories in
areas that are already occupied. Gnatcatchers displaced from impacted areas by habitat
destruction, and gnatcatchers already occupying areas to which displaced gnatcatchers may
emigrate, may have depressed lifetime reproductive success due to disruptive effects of
overcrowding in response to habitat loss. Atwood et aE. (1 998) observed elevated populations of
gnatcatchers in intact habitat adjacent to recently burned habitat. Their observations suggest that
some gnatcatchers relocated to adjacent habitat upon destruction of the habitat they occupied.
Subregional MHCP and Carlsbad Subarea Plan Findings 119
However, elevated gnatcatcher populations in habitat adjacent to impacted habitats persisted for
only one breeding season, after which populations in refugia declined. Hagan et al. (1 996)
hypothesized that such influxes of immigrants resulting from adjacent habitat loss may increase
territorial interactions such that reproductive success is temporarily reduced. Because
gnatcatchers have a lifetime breeding expectancy of only one to two years (Atwood et aE. 1998b,
Bontrager unpubl. data), such effects could have important ramifications for dynamics of the
gnatcatcher population within this relatively isolated habitat ftagment. Survival and reproductive
success of displaced gnatcatchers would probably be affected by the density of gnatcatchers in
the intact habitat.
Additional development in the MHCP is expected to facilitate human access to sensitive habitat
resulting in habitat degradation and accumulation of trash that may attract predators that may
prey on gnatcatchers. Development within the MHCP study area may also result in increased
potential changes in fire frequency (e.g., suppressionhe1 modification), and invasion of the area
by exotic flora and fauna. Lighting from residential use and street lights may adversely affect
adjacent habitat areas and lead to increased predation of native species.
Indirect impacts could adversely affect the conservation needs of the gnatcatcher through the
increase in edge effects resulting from increased human intrusion, habitat degradation, night
lighting, and predation by domestic pets. However, a majority of the gnatcatcher points within
the HMP are within areas that initially will be managed and monitored consistent with the
MHCP (Volume 3) which provides the framework for management and monitoring that must
occur within each city and throughout the MHCP planning area. In addition, ultimately all
preserved lands that are part of the MHCP and HMP will require management actions,
monitoring, and some land use restrictions consistent with the MHCP (Volume 3) to minimize
adverse indirect effects from surrounding development, recreational use, and fragmentation.
Adaptive management and monitoring is a key component of MHCP and the HMP to ensure that
indirect effects are addressed to maintain a viable Gnatcatcher population in the action area, and
ensure that the stepping-stone corridor continues to function. As described in the project
description, the OSMP includes specific measures to address the above mentioned effects. As an
example, fencing and signs will be constructed in key areas around the reserve to minimize
human intrusion into sensitive areas, and rangers will patrol the area. These areas will then be
monitored. If it is determined that additional, or different, management activities are needed,
then the management plan will be revised accordingly. Provided the OSMP is fully
implemented, it should be sufficient to minimize indirect impacts and provide, in part, for a
viable Gnatcatcher population in the action area as well as allow for dispersal via the stepping-
stone corridor.
Summary of HMP Effects to the Gnatcatcher
The HMP and the permit provide a basis for the conservation of this species and its associated
habitats by requiring the following:
Subregional MHCP and Carlsbad Subarea Plan Findings 120
1.
2.
3.
4.
e
e
e
e
Within Standards Areas, 75 percent of gnatcatchers shall be conserved. The long-term
preserve management plan shall provide area-specific management directives for all
conserved gnatcatcher locations and any other potential habitat, including specific
measures to address control of domestic pets, to reduce other edge effects, to minimize
disturbance during the nesting season, and to reduce the potential for habitat degradation
due to unplanned fire. Adaptive management may include measures to maintain or
improve overall habitat quality, including vegetation structure.
No clearing of occupied habitat may occur between February 15 and August 3 1
Management Recommendations: Manage preserve areas to minimize edge effects, control
cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance.
Prepare and implement a fire management program for preserve areas as part of the
detailed management plan. Where opportunities arise, enhance and restore coastal sage
scrub within preserve areas, with priority given to creation of Gnatcatcher breeding
opportunities within constrained linkages.
In order to minimize impacts to coastal California gnatcatcher, California rufous-crowned
* sparrow, and orange-throated whiptail (Cnemidophorus hyperythrus beldingi) to the
maximum extent practicable, the Permittee shall ensure that if the City of Carlsbad
proceeds with plans to construct Cannon Road Reach 4, the extension of Melrose Drive
through the Shelley Property, or Marron Road through the Sherman Property, the
Permittee shall consult with the Service and California Department of Fish and Game on
the preparation of a draft Environmental Impact Report to ensure that all potential
alternatives to construction of these roads are fully considered. Any alternatives that
include the construction of these roads shall meet the following standards unless
otherwise agreed to by the Service and California Department of Fish and Game due to
new information from scientific studies:
A wildlife movement study that gathers wildlife movement data for at least one full year
shall be conducted preceding the design of any road undercrossings.
Noise within the underpasses shall be less than 60 dBA during the time of day that
animals use it. Sound walls shall be considered along portions of the road that pass over
underpasses in order to reduce noise levels, as increased traffic volume may decrease the
frequency at which a species uses the underpasses.
Shield corridors from artificial lighting. Use skylight openings within the underpass to
allow for vegetative cover within the underpass.
Design underpasses or culverts to be at least 30 feet wide by 15 feet high with a
maximum 2: 1 length to width ratio. A more important variable is the openness of the
underpass, which takes into consideration the height, width, and length of the underpass
Subregional MHCP and Carlsbad Subarea Plan Findings 121
(H*W/L). The openness value shall be greater than 0.6.
0 Avoid co-locating human trails with wildlife movement corridors/crossings. Underpasses
shall be situated along primary travel routes away from areas containing noise and light
pollution and serve only wildlife needs since human presence and/or recreational
activities can deter wildlife activity.
8 In order to prevent “at-grade” crossing attempts by the target species, fencing shall be
installed to complement the underpasses. Fencing shall be used to hnnel wildlife away
from at-grade road crossings and toward undercrossings. Fencing shall be at least 8 feet
high (measured from the ground up) and placed along portions of the road that bisect the
natural open space to prevent end runs. Coyotes and deer are infamous for end runs,
which means they will continue to shift their movements to go around the end of a fence
instead of using an underpass. Furthermore, the fencing shall also have mesh that is less
than 10 cm x 15 cm and be seated at least 15 cm into the ground to prevent the animals
from exploiting any weaknesses, which would allow them access to the road. Finally, the
fencing shall be installed to “funnel” the animals towards each underpass by using wing
fencing on both sides of the culvert.
0 Screen undercrossing openings with natural vegetation. Native vegetation shall surround
all underpass entrances and replace any proposed rock fill slope protection.
8 To maximize the width of the culvert available for wildlife movement, the water drainage
area in the base of each culvert shall be as narrow as possible and placed to the side,
rather than the center. Concrete V-ditches shall be eliminated to allow for natural stream
flows, which provide the elements critical for the movement of sensitive reptile and
amphibian species.
5. In order to minimize impacts to coastal California gnatcatcher, California rufous-crowned
sparrow, and orange-throated whiptail to the maximum extent practicable, the Permittee
shall ensure that any opportunities to maintain and/or widen a corridor of habitat between
Carlsbad and Oceanside are fully considered. This includes the Permittee upholding the
City of Carlsbad’s agreement that should the driving range adjacent to the KellyBartman
property be proposed for a different use, that the City will ensure an on-site corridor is
established on the driving range property.
In addition, management will begin initially for a majority of the areas with documented coastal
California gnatcatchers and any new populations will be managed per the MHCP standards.
However, some important linkage areas for gnatcatchers will not be managed initially, but rather
once additional funding, such as through a regional funding source, is available.
Although there will be a net loss of coastal sage scrub within MHCP and the HMP, what remains
will be sufficient to continue to support gnatcatchers, within the action area, and to maintain the
Subregional MHCP and Carlsbad Subarea Plan Findings 122
stepping-stone corridor through the area. In addition, because the lands will be actively
managed, monitored, and restored, the overall conservation function for the gnatcatcher should
improve.
Effects of the Action on Gnatcatcher Critical Habitat
MHCP
Numerically, approximately 62 percent (12,710 acres) of the designated gnatcatcher critical
habitat and 63 percent (14,240 acres) of the proposed gnatcatcher critical habitat within the
MHCP planning area is located within the FPA, and 38 percent (7,675 acres) of designated
gnatcatcher critical habitat and 37 percent (8,436 acres) of proposed gnatcatcher critical habitat is
located outside of the FPA. However, as stated above, most of the differences in spatial
distribution between the FPA and the critical habitat are due to the coarse mapping scale used by
the critical habitat mapping process (UTM grid) as compared to the refined scale used by the
FPA mapping process (Parcel lines). After taking this into account, it is anticipated that
approximately 90 percent of the designated and proposed critical habitat within the MHCP
planning area is located within the FPA.
A majority of gnatcatcher critical habitat within the FPA will be conserved. It is difficult to
determine an exact number of acres of gnatcatcher critical habitat that will be conserved within
the FPA. However, it is reasonable to assume a majority of gnatcatcher critical habitat will be
conserved (over 75 percent) because hardline preserves provide 95 to 100 percent conservation,
most other FPA lands provide for 67 percent conservation, and very few provide only 50 percent
conservation. In addition, the MHCP standards for coastal sage scrub and the gnatcatcher
species, and each City’s draft subarea plan standards as analyzed in the Final EIS for The MHCP - Alternative 2, ensure that impacts to the FPA will be avoided, minimized, and mitigated. Such
measures include siting development in the least damaging area and ensuring corridors and
connectivity to off-site preserves are maintained. In addition, conserved critical habitat within
the FPA will be subject to the following avoidance/minimization measures which will maintain
and/or improve the quality of the habitat and ensure its long-term viability:
1. Preserved areas will be managed to minimize edge effects, control cowbirds and
predators, prevent livestock overgrazing, and restrict human disturbance.
2. Where opportunities arise, coastal sage scrub within preserved areas will be enhanced and
restored, with priority given to creation of gnatcatcher breeding opportunities within
constrained linkages.
3. 400-500 acres of core gnatcatcher breeding habitat, all of which is both designated and
proposed gnatcatcher critical habitat will be conserved in the unicorporated area southeast
of the MHCP plan area, but contiguous with and contributing to the stepping-stone
corridor across the plan area. This habitat will be managed and monitored using the same
Subregional MHCP and Carlsbad Subarea Plan Findings 123
methods that will be used in preserved areas within the MHCP plan area.
The portion of designated and proposed critical habitat outside of the FPA would not be
conserved. Therefore, it is assumed that no more than 10 percent of the designated and proposed
critical habitat within the MHCP would be lost. Although there is a net loss of critical habitat,
the overall conservation fhction of the critical habitat unit in the MHCP area will continue to be
met. Most of what will be lost is areas that do not have constituent elements, but were included
within critical habitat due to the size of the mapping units. The small areas that will be lost, that
does have constituent elements, will be offset through the preservation, management, and
monitoring of equal or higher value lands, within the same unit, thus maintaining the
conservation function of the critical habitat unit. In addition, because MHCP includes
management, monitoring, and restoration of coastal sage scrub, it is anticipated that the
conservation function may improve within the unit over time.
HMP
Numerically, approximately 60 percent (4,229 acres) of the designated gnatcatcher critical habitat
and 58 percent (4258 acres) of the proposed gnatcatcher critical habitat within the HMP planning
area is located within the FPA, and 40 percent (2,843 acres) of designated gnatcatcher critical
habitat and 42 percent (3,080 acres) of proposed gnatcatcher critical habitat is located outside of
the FPA. However, as stated above, most of the differences in spatial distribution between the
FPA and the critical habitat are due to the coarse mapping scale used by the critical habitat
mapping process (UTM grid) as compared to the refined scale used by the FPA mapping process
(Parcel lines). After taking this into account, it is anticipated that approximately 90 percent of
the designated and proposed critical habitat within the HMP planning area is located within the
FPA.
Approximately 69 percent of the FPA is existing hardline preserve, and approximately 22 percent
of the FPA is proposed hardline preserve. Critical habitat within these two areas will be 100
percent conserved. Critical habitat within the remaining 9 percent of the FPA will be no less
than 67 percent conserved. In addition, conserved critical habitat within the FPA will be subject
to the following avoidance/minimization measures which will maintain and/or improve the
quality of the habitat and ensure its long-term viablity:
1. Mapped gnatcatcher locations within conserved habitat will be conserved.
2. Preserved areas will be managed to minimize edge effects, control cowbirds and
predators, prevent livestock overgrazing, and restrict human disturbance.
3. A fire management program will be prepared and implemented for preserve areas as part
of a detailed management plan.
4. Where opportunities arise, coastal sage scrub within preserved areas will be enhanced and
Subregional MHCP and Carlsbad Subarea Plan Findings 124
restored, with priority given to creation of gnatcatcher breeding opportunities within
constrained linkages.
The portion of designated and proposed critical habitat outside of the FPA would not be
conserved. Therefore, it is assumed that no more than 10 percent of the designated and proposed
critical habitat within the HMP would be lost. As stated above for the MHCP, although there is a
net loss of critical habitat, the overall conservation function of the critical habitat unit in the
HMP area will continue to be met. Most of what will be lost is areas that do not have constituent
elements, but were included within critical habitat due to the size of the mapping units. The
small areas that will be lost, that do have constituent elements, will be offset through the
preservation, management, and monitoring of equal or higher value lands, within the same unit,
thus maintaining the conservation function of the critical habitat unit. In addition, because the
HMP includes management, monitoring, and restoration of coastal sage scrub, it is anticipated
that the conservation function may improve within the unit over time.
The gnatcatcher is a wide ranging species that occurs from southern Ventura County southward
through Palos Verdes Peninsula in Los Angeles County through Orange, Riverside, San
Bernardino and San Diego Counties into Baja California to El Rosario, Mexico, at about 30
degrees north latitude. The MHCP tentatively estimates the gnatcatcher population within the
MHCP study area at 400 to 600 pairs which is substantial, but expected to be less than a quarter
of the entire species population. The HMP planning area is estimated to contain 100 to 150 pairs
of gnatcatchers (214 point locations). Implementation of the MHCP and HMP will adversely
affect the gnatcatcher through habitat loss. The extent of the impacts to individual gnatcatchers
is unknown; however, a majority of suitable habitat will be preserved throughout the MHCP and
HMP. It is assumed that no more than 10 percent of the designated and proposed critical habitat
within the MHCP and HMP would be lost. Based on information cited above in the species
account, we anticipate that the stepping stone corridor that is proposed through Carlsbad and the
MHCP will continue to allow for genetic drift and dispersal of birds, and that the patches of
habitat throughout the City will continue to support breeding pairs of gnatcatchers. Therefore,
the mitigation measures for this species are commensurate with the impacts because:
1. The majority (61 percent) of relatively large blocks of habitat occupied by major
populations of the gnatcatcher within the HMP planning area will be preserved and
managed to avoid, minimize, and mitigate the deleterious edge effects that result fiom
urbanization. Given that similar configurations of habitat created about 50 years ago
within the City of Oceanside continue to support gnatcatchers without the benefit of such
a management program, it is likely that the preserved populations will persist.
Critical linkage areas that connect preserved gnatcatcher habitat within the HMP planning
area to habitat areas outside of the planning area (e.g., within the City of Oceanside) will
be preserved, in part, and managed under the HMP such that they are likely to be
functional.
The management program that will be implemented under the HMP is expected to
enhance the function of preserved habitat (relative to the existing condition) by
addressing the factors that cause deleterious edge effects associated with urbanization.
2.
3.
Subregional MHCP and Carlsbad Subarea Plan Findings 125
4.
5.
6.
338 acres of coastal sage scrub habitat will be restored.
An additional 400 to 500 acres of coastal sage scrub will be conserved in the coastal
California gnatcatcher core area.
Take of chicks, eggs, and nests will be avoided by restricting clearing of suitable
gnatcatcher habitat throughout the coastal California gnatcatcher breeding season.
In addition, the mitigation measures for the impacts to gnatcatcher habitat are commensurate
with the impacts because the conservation function (demographic support and dispersal) of
gnatcatcher habitat within the HMP planning area is likely to be maintained or enhanced on the
following basis:
1.
2.
3.
4.
5.
About 90 percent of designated critical habitat is expected to be preserved within the
HMP planning area.
Mapped gnatcatcher locations within preserved critical habitat will be conserved.
Preserved critical habitat areas will be managed to minimize edge effects, control
cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance.
A fire management program will be prepared and implemented for preserved critical
habitat areas.
Where possible, coastal sage scrub within preserved critical habitat will be enhanced and
restored, with priority given to creation of gnatcatcher breeding habitat within linkage
areas.
Icteria virens (Yellow-breasted chat)
In Northern California, the yellow-breasted chat occurs in well-developed riparian habitats.
Nesting habitat consists of very dense scrub; brushy thickets; and briery tangles (usually willows,
blackberry, and grapevines), which are generally adjacent to streams, ponds, or swamps. Yellow-
breasted chat habitat preferences are very similar to those of the least Bell’s vireo, and they
frequently occur sympatrically. This species prefers various types of edge habitat, including
grass-shrub, shrub-forest, and water-shrub. Occasionally, they will nest in dry overgrown
pastures and in upland thickets along the margins of wooded areas. In the mixed native and
exotic riparian woodland in the lower Colorado River Valley, 16 of 28 yellow-breasted chat nests
were placed in saltcedar (Tarnarix rarnosissirna). Brown and Trosset report that chats nest in
tamarisk and native shrubs in proportion to the occurrence of the different types of vegetation.
Territory size is up to 4 acres, Dennis noted that nesting chats never occupied habitat patches less
than 3 acres. Habitat preference for shrubby thickets in nonforested areas may be related to
inclusion of berries and hit in their diet.
The yellow-breasted chat is an uncommon but locally abundant summer resident in California.
The MHCP planning area and City’s subarea represent a very small portion of this locally
abundant species’ range. Within the MHCP planning area, most riparian woodland habitat is
expected to support this species. Yellow-breasted chats have been documented in Oceanside at
Subregional MHCP and Carlsbad Subarea Plan Findings 126
the San Luis Rey River and in central Oceanside, in Encinitas at lower Escondido Creek, and in
Escondido at Kit Carson Park. Major areas of suitable yellow-breasted chat habitat occur in
Oceanside at the San Luis Rey River, Guajome Park, the Foss LakelPilgrim Creek area, and
Loma Alta Creek. There are many records of chats fiom these areas (except Guajome Park), and
a few records from riparian vegetation associated with Encinitas Creek in Encinitas. The San
Luis Rey River and Pilgrim Creek are critical locations and also support major populations of
this species.
The City includes 574 acres of riparian habitat. Major areas of suitable chat habitat in the City
include the Sherman property along Buena Vista Creek (5 territorial males), the City's Lake
Calavera mitigation bank, a State-owned area of riparian forest northeast of the upper end of
Agua Hedionda Lagoon, Macario Canyon extending southeast of the upper end of Agua
Hedionda Lagoon, and the riparian forest along Encinitas Creek, in Green Valley.
Biological resource information used in formulating the MHCP indicates that yellow-breasted
chats have been recorded in the City of Carlsbad at Macario Canyon, the Tchang property, and at
the east end of Batiquitos Lagoon. Chats have also been encountered along Encinas Creek near
Hidden Valley Road, and along Encinitas Creek in Green Valley. Suitable habitat (supporting
willow/mule fat riparian) can be found along portions of some major and minor water courses
within the Subarea and may contain undocumented populations of Yellow-breasted chat.
'
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. Manage suitable unoccupied habitat preserved within the FPA to maintain or mimic
effects of natural fluvial processes (e.g., periodic substrate scouring and deposition to
rejuvenate riparian vegetation).
Maintain biological buffers of at least 100 feet adjacent to occupied habitat, measured
from the outer edge of riparian vegetation.
Reserve areas will be managed to avoid and minimize clearing and alteration of riparian
vegetation, invasion of exotic plants and trees into the native riparian system, human
disturbance, brown-headed cowbird parasitism, insufficient maintenance of water levels
leading to loss of riparian habitat, and predation of adults and nests by domestic animals.
As mitigation for project impacts, enhance or restore yellow-breasted chat habitat
consistent with management of other sensitive riparian bird species. Enhancement may
include providing sufficient water flow to ensure sustained willow growth, restriction of
human activities within the habitat during the breeding season, removal of invasive plant
species, and predator/cowbird control.
Protect upland buffers around riparian habitat. Buffer areas should be a minimum of 50
feet and up to 100 feet wide.
2.
3.
'
4.
5.
Direct impacts to yellow-breasted chat are expected to be minimal since, of the 2,665 acres of
riparian habitat in the MHCP planning area, 1,996 acres (75 percent) are within the FPA. In
addition, the MHCP has standards for avoidance, minimization, and mitigation of wetland
impacts to assure no-net-loss of wetlands within the planning area. However, impacts can occur
Subregional MHCP and Carlsbad Subarea Plan Findings 127
to such wetland communities as described in section 3.6 of MHCP Volume 1. Since such
impacts would need to be fully mitigated according to section 4.4.2 of MHCP Volume 1, no-net-
loss of function or value will occur in MHCP, although there could be a temporal loss of such
fimctions and values. The MHCP also conserves 90 percent of known yellow-breasted chat
locations. However, the flood control operation and maintenance activities in the San Luis Rey
River could adversely affect such areas. If such impacts occur, the effects of the MHCP and
City’s subarea plan would need to be reanalyzed with a new species baseline. In addition, the
MHCP has standards for avoidance, minimization, and mitigation of wetland impacts to assure
no-net-loss of wetlands within the planning area. Because habitat requirements and potential
threats to this species are very similar to the those for the least Bell’s vireo, measures
incorporated into the MHCP Subregional Plan to protect least Bell’s vireo are expected to benefit
yellow-breasted chats as well.
Of the 574 acres of riparian habitats supporting or potentially supporting yellow-breasted chat in
Carlsbad, approximately 498 acres (87percent) are located within preserve, along with 95 percent
of the known point locations for this species. Therefore, approximately 76 acres (1 3 percent) of
riparian habitat may be impacted. Of an estimated 619 acres of chat habitat located in biological
core and linkage areas, approximately 546 acres (88 percent) are expected to be conserved in
preserve areas, with potential impacts to 73 acres (12 percent).
Of the five major areas of suitable vireo habitat in Carlsbad listed above, all except the Sherman
property are included in the preserve. The Sherman property is a Standards Area in the HMP.
Standards for development within Local Facilities Management Zone 25 (which includes the
Sherman property) include:
Tonservation of 75 percent of the Sherman property is required to provide adequate
connectivity within the regional gnatcatcher corridor. Align future Marron Road to
minimize impacts to sensitive biological resources and disruption of wildlife movement.
Conserve wetland habitats and set development back at least 100 feet .... Conserve and
enhance riparian vegetation along Buena Vista Creek with 200-foot buffers supporting
natural vegetation between wetland habitats and development. Prohibit fill or
development within the existing 100 year flood plain except where required for
Circulation Element roads, Drainage Master Plan facilities, or other essential public
infrastructure. Use sensitive design of any road or utility crossing of Buena Vista Creek.”
A biological constraints analysis for the Sherman property indicates that the site supports 50.02
acres (37.3 percent of the site) of southern arroyo willow riparian forest. The zone-specific
standards above would allow development of up to 33.5 acres (66.9 percent of the potential vireo
habitat on site) of circulation element roads, drainage master plan facilities, or other essential
public infrastructure within potential vireo habitat. Though the City’s no-net loss of wetlands
policy ensures that riparian forest, riparian woodland, and riparian scrub habitats will be replaced
if impacted in the plan area, temporal loss of habitat, and degradation of habitat quality are
possible.
Subregional MHCP and Carlsbad Subarea Plan Findings 128
Additional areas of riparian vegetation not included in Carlsbad’s preserve that may potentially
support chats include:
1.
2.
3.
4.
A strip of riparian woodland and southern riparian scrub approximately 400 feet northeast
of the intersection of College Boulevard and El Camino Real;
The portion of Calavera Creek extending from the upper end of the northeastern
“panhandle” of Robertson Ranch, along the northwest side of the trailer park;
An area of southem willow scrub approximately 100 feet south of the intersection of
Palomar Airport Road and Armada Drive; and
A strip of open water and southern riparian scrub approximately 600 feet west of the
Pacific Ocean, extending southhoutheast from Cannon Road.
Because habitat requirements and potential threats to this species are very similar to the those for
the least Bell’s vireo, measures incorporated into the City’s Subarea Plan to protect least Bell’s
vireo are expected to benefit yellow-breasted chats as well.
The Subarea plan and MHCP provide a basis for the conservation of this species and its
associated habitats by requiring the following:
1.
2.
3.
4.
5.
6.
Incidental take of the species or occupied habitat during the breeding season is prohibited
except as specifically authorized on a case-by-case basis. The long-term preserve
management plan shall provide area specific management directives for known or
potential Yellow-breasted Chat nesting areas, including specific adaptive management
measures to control brown-headed cowbirds, provide upland buffers for known
populations, and protect riparian areas against detrimental edge effects from adjacent
development, recreational impacts, and other direct and indirect impacts.
Manage suitable unoccupied habitat preserved within the FPA to maintain or mimic
effects of natural fluvial processes (e.g., periodic substrate scouring and deposition to
rejuvenate riparian vegetation).
Maintain biological buffers of at least 100 feet adjacent to occupied habitat, measured
from the outer edge of riparian vegetation.
Reserve areas will be managed to avoid and minimize clearing and alteration of riparian
vegetation, invasion of exotic plants and trees into the native riparian system, human
disturbance, brown-headed cowbird parasitism, insufficient maintenance of water levels
leading to loss of riparian habitat, and predation of adults and nests by domestic animals.
As mitigation for project impacts, enhance or restore yellow-breasted chat habitat
consistent with management of other sensitive riparian bird species. Enhancement may
include providing sufficient water flow to ensure sustained willow growth, restriction of
human activities within the habitat during the breeding season, removal of invasive plant
species, and predator/cowbird control.
Protect upland buffers around riparian habitat. Buffer areas should be a minimum of 50
feet and up to 100 feet wide.
Subregional MHCP and Carlsbad Subarea Plan Findings 129
Once again, because habitat requirements and potential threats to this species are very similar to
the those for the least Bell’s vireo, measures incorporated into the plan to protect least Bell’s
vireo are expected to benefit yellow-breasted chats as well. In addition, management will begin
initially for approximately half of the areas with documented yellow-breasted chats and any new
populations will be managed per the MHCP standards. However, some important linkage areas
for yellow-breasted chats and gnatcatchers will not be managed initially, but rather once
additional funding, such as through a regional funding source, is available.
The MHCP Subregional Plan and City’s Subarea Plan will directly and indirectly effect the
yellow-breasted chat as described in the analyses above. The avoidance, minimization, and/or
mitigation measures included in the MHCP Subregional Plan and City’s Subarea Plan will reduce
any impacts that may occur to this species. This Preserve will be adaptively managed, per the
measures included in the MHCP Subregional Plan and City’s Subarea Plan which will further
reduce the indirect effects and benefit the species.
The yellow-breasted chat is a wide ranging species that is an uncommon but locally abundant
summer resident in California. The MHCP planning area and City’s subarea represent a very
small portion of this species’ range. Direct impacts to yellow-breasted chat are expected to be
minimal since, of the 2,665 acres of riparian habitat in the MHCP planning area, 1,996 acres (75
percent) are within the FPA. Therefore, the mitigation measures for this species are
commensurate with the impacts because the MHCP conserves 75 percent of the suitable habitat
within the FPA; the HMP conserves 87 percent of suitable habitat and 95 percent of the known
locations; the amount of incidental take is expected to be low; breeding season restrictions on
clearing; additional protection afforded from wetland policies; and the HMP includes
management and monitoring to reduce any indirect impacts that may occur.
Airnophila ruficeps canescens (Southern California rufous-crowned sparrow)
Optimal habitat for the southern California rufous-crowned sparrow consists of sparse, low brush
or grass, on hilly slopes preferably interspersed with boulders and rock outcrops. Some
observers have noted a preference for south-facing slopes and an affinity for California sagebrush
(Artemisia californica) over other vegetative types. It also colonizes grass that grows as a
successional stage following brush fires and may occur on steep, grassy slopes without shrubs if
rock outcrops are present.
Southern California rufous-crowned sparrows are locally common and occur throughout San
Diego County in open coastal sage scrub. Within the MHCP planning area, southern California
rufous-crowned sparrows are expected to occur throughout the planning area in relatively large
blocks of coastal sage scrub. Southern California rufous-crowned sparrows have been
documented in Carlsbad, Encinitas, Escondido, Oceanside, and San Marcos. Suitable habitat
exists in all of the MHCP participating cities, however, no major populations or critical locations
for this species exists in the MHCP planning area.
Subregional MHCP and Carlsbad Subarea Plan Findings 130
Southern California rufous-crowned sparrows in the Subarea have been documented at La Costa
Ridge, adjacent to Bressi Ranch and the Raceway property, east of Calavera Hills, west of La
Costa Greens, and north and south of Palomar Airport Road (College Avenue). Population
numbers are not available at these locations. The presence of this species elsewhere in the
Subarea is also unknown due to a lack of survey effort. Nevertheless, documented observations
indicate that this species occurs within the Subarea. The majority of southern California rufous-
crowned sparrows appear to be located within the MSCP area near Lake Hodges. Where larger
unfi-agmented habitat is available.
Within the Subarea there are approximately 3,3 15 acres of coastal sage scrub and 1,856 acres of
grassland. Only a percentage of this habitat may be suitable for southern California rufous-
crowned sparrow based on their affinity to open scrub habitat and grassy slopes with scattered
boulders. The Subarea plan does not differentiate to this level, therefore the amount of available
suitable habitat is unknown.
Existing hardline, proposed hardline, and proposed standards areas are part of the Subarea Plan
with the intention of preserving suitable habitat for the southern California rufous-crowned
sparrow among other species. These areas are also intended to provide linkages and promote
connectivity through proposed and existing preservation areas throughout the Subarea.
The MHCP Subregional Plan requires the following condition be met for a city to receive
coverage for this species: Manage reserve areas by controlling factors detrimental to southern
California rufous-crowned sparrow habitat, including livestock overgrazing, fire prevention and
management methods, presence of brown-headed cowbirds, and unnaturally abundant predators.
As a mitigation option for project impacts on southern California rufous-crowned sparrow
habitat, restore coastal sage scrub habitats in disturbed areas adjacent to occupied habitat.
The proposed permit special terms and conditions require that the City ensure that if they proceed
with plans to construct Cannon Road Reach 4, the extension of Melrose Drive through the
Shelley Property, or Marron Road through the Sherman Property, the City will consult with the
Service and California Department of Fish and Game on the preparation of a draft Environmental
Impact Report to ensure that all potential alternatives to construction of these roads are filly
considered. Any alternatives that include the construction of these roads shall meet the following
standards unless otherwise agreed to by the Service and California Department of Fish and Game
due to new information fiom scientific studies:
0
0
A wildlife movement study that gathers wildlife movement data for at least one full year
shall be conducted preceding the design of any road undercrossings.
Noise within the underpasses shall be less than 60 dE3A during the time of day that
animals use it. Sound walls shall be considered along portions of the road that pass over
underpasses in order to reduce noise levels, as increased traffic volume may decrease the
frequency at which a species uses the underpasses.
Subregional MHCP and Carlsbad Subarea Plan Findings 131
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0
Shield corridors from artificial lighting. Use skylight openings within the underpass to
allow for vegetative cover within the underpass.
Design underpasses or culverts to be at least 30 feet wide by 15 feet high with a
maximum 2: 1 length to width ratio. A more important variable is the openness of the
underpass, which takes into consideration the height, width, and length of the underpass
(H*W/L). The openness value shall be greater than 0.6.
Avoid co-locating human trails with wildlife movement corridors/crossings. Underpasses
shall be situated along primary travel routes away from areas containing noise and light
pollution and serve only wildlife needs since human presence and/or recreational
activities can deter wildlife activity.
In order to prevent “at-grade” crossing attempts by the target species, fencing shall be
installed to complement the underpasses. Fencing shall be used to funnel wildlife away
from at-grade road crossings and toward undercrossings. Fencing shall be at least 8 feet
high (measured from the ground up) and placed along portions of the road that bisect the
natural open space to prevent end runs. Coyotes and deer are infamous for end runs,
which means they will continue to shift their movements to go around the end of a fence
instead of using an underpass. Furthermore, the fencing shall also have mesh that is less
than 10 cm x 15 cm and be seated at least 15 cm into the ground to prevent the animals
from exploiting any weaknesses, which would allow them access to the road. Finally, the
fencing shall be installed to “funnel” the animals towards each underpass by using wing
fencing on both sides of the culvert.
Screen undercrossing openings with natural vegetation. Native vegetation shall surround
all underpass entrances and replace any proposed rock fill slope protection.
To maximize the width of the culvert available for wildlife movement, the water drainage
area in the base of each culvert shall be as narrow as possible and placed to the side,
rather than the center. Concrete V-ditches shall be eliminated to allow for natural stream
flows, which provide the elements critical for the movement of sensitive reptile and
amphibian species.
0
0
0
0
The proposed permit special terms and conditions also require that the City ensure that any
opportunities to maintain and/or widen a corridor of habitat between Carlsbad and Oceanside are
fully considered. This includes the Permittee upholding the City of Carlsbad’s agreement that
should the driving range adjacent to the Kellyh3artman property be proposed for a different use,
that the City will ensure an on-site corridor is established on the driving range property.
Direct impacts to the southern California rufous-crowned sparrow are expected from the MHCP
Subregional Plan through habitat loss from development. However, the FPA will conserve a
minimum of 5,580 acres (61 percent) of the extant coastal sage scrub, 67 percent of known
location points within the MHCP planning area. Sixty eight percent of those areas that are within
the BCLA and therefore are considered to contribute the most to preserve viability. In addition,
the MHCP includes an additional 338 acres of coastal sage scrub restoration and an additional
Subregional MHCP and Carlsbad Subarea Plan Findings 132
400 to 500 acres of conservation in the gnatcatcher core area which should also benefit southern
California rufous-crowned sparrow.
The Subarea plan proposes potential impacts to approximately 1,196 acres (36 percent) of coastal
sage scrub and 1,149 acres (62 percent) grassland habitats. The exact number of southern
California rufous-crowned sparrows that will be adversely affected by the Subarea plan is
unknown. The proposed permit special terms and conditions will also benefit the movement and
dispersal of California rufous-crowned sparrows between the Cities of Carlsbad and Oceanside.
In addition, any southern California rufous-crowned sparrows, eggs, or chicks found in areas that
would be cleared for development are not expected to be directly killed since they nest in similar
habitat to the gnatcatcher and would benefit from the gnatcatcher breeding season restrictions on
clearing of habitat.
Direct impacts to southern California rufous-crowned sparrow may also result from the
allowance of activities in preserve areas, such as construction and use of trail networks, roads,
other recreational use areas, fire management techniques, and landscaping of adjacent properties.
However, the proposed permit special terms and conditions will reduce the impacts of such roads
to the movement and dispersal of California rufous-crowned sparrows.
The following conservation measures, as part of the Subarea plan, may help minimize these
effects:
Manage preserve areas to minimize edge effects, control cowbirds and predators, prevent
livestock overgrazing, and restrict human disturbance. Prepare and implement a fire
management program for preserve areas as part of the detailed management plan. Where
opportunities arise, enhance and restore coastal sage scrub within preserve areas, with
priority given to creating of breeding opportunities within constrained linkages.
The long-term preserve management plan shall provide area specific management
directives for known or likely locations of Rufous-crowned Sparrow, including specific
adaptive management measures to protect against detrimental edge effects from adjacent
development, recreational impacts, and other direct and indirect impacts.
In addition, management will begin initially for a majority of the areas with documented
California rufous-crowned sparrows and any new populations will be managed per the MHCP
standards.
The MHCP Subregional Plan and City’s Subarea Plan will directly and indirectly affect this
species through habitat loss from development. However, 5,580 acres (61 percent) of the
southern California rufous-crowned sparrow habitat is within the FPA, 338 acres of coastal sage
scrub habitat will be restored, and 400 to 500 acres will be preserved in the gnatcatcher core area.
Since the additional acreage in the gnatcatcher core area is a range between 400 and 500, we
assumed worst case scenario (400 acres) for our analysis in the Carlsbad biological opinion. The
Subregional MHCP and Carlsbad Subarea Plan Findings 133
MHCP Subregional Plan and City’s Subarea Plan will provide monitoring and management of
this species that will detect and minimize negative impacts that are affecting southern California
rufous-crowned sparrows. Additionally, this species will benefit from the connected preserve
system that will be managed and monitored in the City and throughout the MHCP in perpetuity.
This Preserve will be adaptively managed, per the measures included in the MHCP Subregional
Plan, which will hrther reduce the indirect effects and benefit the species.
Southern California rufous-crowned sparrows are locally common and occur throughout San
Diego County in open coastal sage scrub; however, no major or critical populations occur within
the MHCP planning area. The mitigation measures for this locally common species are
commensurate with the impacts because the MHCP and HMP will conserve a majority
(approximately 65 percent) of the California rufous-crowned sparrow habitat; an additional 400-
500 acres of habitat will be conserved in the gnatcatcher core area; and the HMP includes
management and monitoring to reduce any indirect impacts that may occur. We expect that
remaining habitat will be sufficient for the species to remain locally common in the MHCP and
HMP planning areas because the 65 percent of habitat that will be conserved is comprised of
large blocks that are interconnected within the City and MHCP with other suitable habitat outside
of the MHCP planning area.
Passerculus sandwichensis beldingi (Belding’s savannah sparrow)
Belding’s savannah sparrows are year-round residents, restricted to salt marshes, mud flat, and
low coastal strand vegetated habitats. They frequent areas dominated by Salicornia
(pickleweed), Allenrolfea, Suaeda, Atriplex, and Distichlis and prefer to nest in the mid- to
upper-littoral zones of coastal salt marshes.
Within the MHCP planning area, Belding’s savannah sparrow are expected to occur throughout
the planning area in salt marshes. Belding’s savannah sparrows have been documented in all four
lagoons: Agua Hedionda, Batiquitos Buena Vista and San Elijo lagoons. 280 acres of suitable
habitat (southern coastal salt marsh and mudflat vegetation) exists in the following MHCP
participating cities: Carlsbad, Encinitas, Oceanside, and Solana Beach. In 2001 , Zembaland
Hoffman recorded the following number of nesting pairs in MHCP lagoons: 6 at Buena Vista, 22
at Agua Hedionda, 66 at Batiquitos, and 75 at San Elijo lagoon. Salt marsh habitat within Agua
Hedionda, Batiquitos, and San Elijo lagoons are considered major populations and critical
locations for this species in the MHCP planning area.
The City includes approximately 15 1 acres of coastal salt marsh habitat in and along Buena
Vista, Agua Hedionda, and Batiquitos lagoons. In addition to coastal salt marsh in Carlsbad, the
subregion supports approximately 133 acres of suitable habitat, at the mouth of the San Luis Rey
River (4 acres), and the remainder at San Elijo Lagoon. Belding’s savannah sparrow populations
have been documented in all salt marshes in the Subarea (Buena Vista Lagoon, Aqua Hedionda
Lagoon, and Batiquitos Lagoon). Recent surveys indicate that local populations are experiencing
an overall increase as within the Subarea. Between 1973 and 2001 surveys indicated a
Subregional MHCP and Carlsbad Subarea Plan Findings 134
population increase from 37 territories to 94 territories. Specifically, during 2001, surveys found
6 breeding pairs at Buena Vista Lagoon, 22 breeding pairs at Aqua Hedionda Lagoon, and 66
breeding pairs at Batiquitos Lagoon. The Subarea population represents approximately three
percent of the total California population and approximately nine percent of the San Diego
County population.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, a qualified biologist possessing a Section 1 O(a)l (A) research permit for this
species must survey all areas containing potentially suitable habitat (salt marsh, mudflats,
and coastal strands) using approved survey protocols. Surveys shall occur prior to any
proposed impact regardless of location inside or outside of the FPA. Surveys shall be
conducted when impacts could occur as a result of direct or indirect impacts by placement
of the project in or adjacent to occupied or potentially suitable habitats.
Implement wetland mitigation standards that require a minimum 4: 1 replacement ratio for
unavoidable impacts to occupied habitat for this species, with particular emphasis on
restoring upper marsh zones preferred by this species. Control recreational use by
humans within pickleweed habitats to reduce trampling.
Manage occupied areas to control activities that degrade Belding’s Savannah sparrow
habitat, including human disturbance, filling and diking of salt marsh habitat, predation of
adults and nests by introduced feral and domestic animals (e.g., dogs and cats), adverse
changes in water level, water quantity and quality, and introduction of pesticides and
other contaminants into preserve wetlands.
As mitigation for project impacts, enhance, restore, or create salt marsh habitat within the
preserve to allow for the expansion of Belding’s Savannah sparrow populations into new
locations.
Protect upland buffer areas to minimize edge effects. Buffer areas should be a minimum
of 50 feet and up to 100 feet wide where possible.
2.
3.
4.
5.
The MHCP Subregional Plan will have little to no direct impacts to Belding’s savannah sparrow
because all of the lagoons where the species occurs and where the major populations and critical
locations are located, will be 100 percent conserved. Only 74 percent of the location points
throughout the MHCP planning area are within the preserve areas. However, this species is
provided even greater protection through the conditions for estuarine species in Appendix E of
MHCP Volume 2 and the no-net-loss of wetland policy.
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (151 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh]. There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
Subregional MHCP and Carlsbad Subarea Plan Findings 135
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. 339
acres of southern coastal salt marsh and freshwater marsh vegetation communities constitute
potential habitat for white-faced ibis. A small amount of additional habitat in the lagoons are
also technically not in the mapped area of the preserve, however, no projects are planned for this
area by the City and 100 percent conservation due to MHCP standards for avoidance,
minimization, and mitigation of wetland impacts assure no-net-loss of lagoon wetland habitat.
However, impacts can occur to such wetland communities as described in section 3.6 of MHCP
Volume 1. Since such impacts would need to be fully mitigated according to section 4.4.2 of
MHCP Volume 1, no-net-loss of function or value will occur in MHCP, although there could be
a temporal loss of such functions and values. The MHCP conditions for estuarine species and
fact that all the lagoons are in the coastal zone, also provide more protection to the lagoon areas.
Due to these standards, any losses would only be temporal and no net decrease in lagoon habitat
(estuarine, salt marsh, etc.) would occur as a result of the City’s Subarea Plan. In addition, direct
take of animal species is expected to be minimized because any areas proposed for disturbance
would be avoided where MHCP species are known to be present or nesting.
The Subarea plan provides a basis for the conservation of this species and its associated habitats
by requiring the following:
1.
2.
3.
4.
The long-term preserve management plan shall provide area specific management
directives for the major nesting areas at Agua Hedionda and Batiquitos Lagoons,
including specific adaptive management measures to address water quality and protect
against detrimental edge effects from adjacent development, recreational impacts, and
other direct and indirect impacts.
As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, a qualified biologist possessing a Section 1 O(a)l (A) research permit for this
species must survey all areas containing potentially suitable habitat (salt marsh, mudflats,
and coastal strands) using approved survey protocols. Surveys shall occur prior to any
proposed impact regardless of location inside or outside of the FPA. Surveys shall be
conducted when impacts could occur as a result of direct or indirect impacts by placement
of the project in or adjacent to occupied or potentially suitable habitats.
Implement wetland mitigation standards that require a minimum 4: 1 replacement ratio for
unavoidable impacts to occupied habitat for this species, with particular emphasis on
restoring upper marsh zones preferred by this species. Control recreational use by
humans within pickleweed habitats to reduce trampling.
Manage occupied areas to control activities that degrade Belding’s Savannah sparrow
habitat, including human disturbance, filling and diking of salt marsh habitat, predation of
adults and nests by introduced feral and domestic animals (e.g., dogs and cats), adverse
changes in water level, water quantity and quality, and introduction of pesticides and
other contaminants into preserve wetlands.
Subregional MHCP and Carlsbad Subarea Plan Findings 136
5. As mitigation for project impacts, enhance, restore, or create salt marsh habitat within the
preserve to allow for the expansion of Belding’s Savannah sparrow populations into new
locations.
Protect upland buffer areas to minimize edge effects. Buffer areas should be a minimum
of 50 feet and up to 100 feet wide where possible.
Appendix E (Conditions for estuarine species) of the MHCP includes measures that must
be implemented to ensure coverage of species (including the Belding’s savannah sparrow)
dependent on estuarine habitats. These measures are intended to minimize indirect
impacts to rails and other estuarine species. Measures include regulation of adjacent land
use, recreational access, mosquito control, noise, vehicle access, potential pollutants,
access during breeding season, camping and picnicking; area-specific management
measures including fencing, animal and plant pest control, habitat enhancement and/or
creation, trash removal, erosion control, maintenance of tidal flushing; monitoring of
covered species populations, biodiversity, habitat area, effect of recreation on wildlife,
pest animal and plant populations, use by migratory birds, and success of restoration
efforts; and development of public awareness program including public participation in
management, development of community outreach programs, and improvement of trails
and facilities to focus public access.
6.
7.
Management measures will focus on minimizing edge effects; controlling invasive, nonnative
plants; maintaining salt marsh hydrology and water quality; and protecting salt marsh habitat
from physical disturbances. Management measures may also include a predator control program
and the enhancement or restoration of salt marsh habitat. The long-term preserve management
plan shall provide area-specific management directives for the major nesting areas at Agua
Hedionda and Batiquitos Lagoons, including specific adaptive management measures to address
water quality and protect against detrimental edge effects from adjacent development,
recreational impacts, and other direct and indirect impacts. Such management will begin initially
for all areas with documented Belding’s savannah sparrows except one and any new populations
will be managed per the MHCP standards.
The MHCP Subregional Plan and the City’s Subarea Plan will directly and indirectly affect this
species as described above. However, all of the lagoon habitat which includes the major
populations and critical locations will be 100 percent conserved. The Belding’s savannah
sparrow will also benefit from the conditions for estuarine species and the no-net-loss of wetland
policies. The MHCP Subregional Plan and City’s Subarea Plan will provide monitoring and
management of this species that will detect and minimize negative impacts that are affecting
Belding’s savannah sparrow. The City and California Department of Fish and Game will provide
management and monitoring initially for all but one location point of this species and once
funding is available, will manage and monitor all locations. Additionally, this species should
benefit from the connected preserve system that will be managed and monitored in the City and
throughout the MHCP in perpetuity. This Preserve will be adaptively managed, per the measures
included in the MHCP Subregional Plan, which will further reduce the indirect effects and
benefit the species.
Subregional MHCP and Carlsbad Subarea Plan Findings 137
Belding’s savannah sparrows are distributed along the coast from Santa Barbara County,
California, south to northern Baja California, Mexico. Populations can be found at most
estuaries and lagoons throughout San Diego County. The mitigation measures for this species
are adequate to offset the impacts because MHCP and the HMP will be conserving 100 percent
of the species habitat; both major populations and critical locations will be conserved; take is
expected to be low (no more than 2); the conditions for estuarine species, no-net-loss of
wetlands, and critical location policies will be implemented; and the HMP includes management
and monitoring to reduce any indirect impacts that may occur.
Passerculus sandwichensis rustratus (Large-billed savannah sparrow)
Large-billed savannah sparrows generally winter in salt marsh, mud flats, and low coastal strand
vegetation, however they can be found in a variety of open habitats, including sparsely vegetated
habitats on xeric islands. They frequent areas dominated by Salicurnia (pickleweed),
Allenrulfea, Suaeda, Atriplex, and Distichlis, but formerly occupied a variety of habitats in
southern California including beaches, wharves, and city streets, in addition to marshes.
Within the MHCP planning area, large-billed savannah sparrow are expected to occur throughout
the planning area in salt marsh, mudflat, and low coastal strand vegetation during the winter.
There are no documented locations for large-billed savannah sparrow in the MHCP planning
area. Approximately 280 acres of suitable habitat (southern coastal salt marsh and mudflat
vegetation) exists in the following MHCP participating cities: Carlsbad, Encinitas, Oceanside,
and Solana Beach. There are no major populations within the MHCP planning area, however,
the Agua Hedionda, Batiquitos, and San Elijo lagoons are considered critical wintering locations
for this species in the MHCP planning area.
The City includes approximately 15 1 acres of coastal salt marsh habitat in and along Buena
Vista, Agua Hedionda, and Batiquitos lagoons. In addition to coastal salt marsh in Carlsbad, the
subregion supports approximately 133 acres of suitable habitat, at the mouth of the San Luis Rey
River (4 acres), and the remainder at San Elijo Lagoon.
The current status of this subspecies is not fully known within the Subarea. We anticipate that
the large-billed savannah sparrow occurs in very small numbers in and around southern coastal
salt marsh habitats in the Subarea.
The MHCP Subregional Plan has no conditions of coverage for this species. However, this
species will benefit from the conditions of coverage for the Belding’s savannah sparrow. The
MHCP Subregional Plan will have little to no direct impacts to large-billed savannah sparrow
because all of the lagoons where the species occurs and where the critical locations are located,
will be 100 percent conserved. In addition, this species is provided even greater protection
through the conditions for estuarine species in Appendix E of MHCP Volume 2 and the no-net-
loss of wetland policy.
Subregional MHCP and Carlsbad Subarea Plan Findings 138
Buena Vista, Agua Hedionda, and Batiquitos Lagoons support approximately 934 acres of
estuarine and coastal salt marsh habitat (1 5 1 acres of coastal salt marsh habitat and 783 acres of
estuarine habitat). Of this amount, approximately 917 acres (98 percent) are in the preserve [777
acres of estuarine (99 percent) and 140 acres (93 percent) of coastal salt marsh], There are
approximately 5.5 acres of open water in Batiquitos Lagoon and 3 acres of open water in Agua
Hedionda Lagoon associated with the Interstate 5 right-of-way, which are not included in the
preserve since the City does not have ultimate control of these areas. The State Route 101 and
railroad rights-of-way across Buena Vista Lagoon are also not included in the preserve. There
are no projects proposed for this area, however, impacts may occur in the future in the right-of-
ways due to projects such as road widening which would be beyond the control of the City. Such
impacts would be analyzed and permitted under a different mechanism than the MHCP. 339
acres of southern coastal salt marsh and freshwater marsh vegetation communities constitute
potential habitat for white-faced ibis. A small amount of additional habitat in the lagoons are
also technically not in the mapped area of the preserve, however, no projects are planned for this
area by the City and 100 percent conservation due to MHCP standards for avoidance,
minimization, and mitigation of wetland impacts assure no-net-loss of lagoon wetland habitat.
However, impacts can occur to such wetland communities as described in section 3.6 of MHCP
Volume 1. Since such impacts would need to be fully mitigated according to section 4.4.2 of
MHCP Volume 1 , no-net-loss of function or value will occur in MHCP, although there could be
a temporal loss of such functions and values. The MHCP conditions for estuarine species and
fact that all the lagoons are in the coastal zone, also provide more protection to the lagoon areas.
Due to these standards, any losses would only be temporal and no net decrease in lagoon habitat
(estuarine, salt marsh, etc.) would occur as a result of the City’s Subarea Plan. In addition, direct
take of animal species is expected to be minimized because any areas proposed for disturbance
would be avoided where MHCP species are known to be present or nesting.
The Subarea plan provides a basis for the conservation of this species and its associated habitats
by requiring the following:
1. The long-term preserve management plan shall provide area specific management
directives for the potential nesting areas at Agua Hedionda and Batiquitos Lagoons,
including specific adaptive management measures to address water quality and protect
against detrimental edge effects from adjacent development, recreational impacts, and
other direct and indirect impacts.
Appendix E (Conditions for estuarine species) of the MHCP includes measures that must
be implemented to ensure coverage of species (including the large-billed savannah
sparrow) dependent on estuarine habitats. These measures are intended to minimize
indirect impacts to rails and other estuarine species. Measures include regulation of
adjacent land use, recreational access, mosquito control, noise, vehicle access, potential
pollutants, access during breeding season, camping and picnicking; area-specific
management measures including fencing, animal and plant pest control, habitat
enhancement and/or creation, trash removal, erosion control, maintenance of tidal
flushing; monitoring of covered species populations, biodiversity, habitat area, effect of
2.
Subregional MHCP and Carlsbad Subarea Plan Findings 139
recreation on wildlife, pest animal and plant populations, use by migratory birds, and
success of restoration efforts; and development of public awareness program including
public participation in management, development of community outreach programs, and
improvement of trails and facilities to focus public access.
We anticipate that this subspecies will benefit from management measures required for coverage
of Belding’s savannah sparrow.
Management measures will focus on minimizing edge effects; controlling invasive, nonnative
plants; maintaining salt marsh hydrology and water quality; and protecting salt marsh habitat
from physical disturbances. Management measures may also include a predator control program
and the enhancement or restoration of salt marsh habitat. The long-term preserve management
plan shall provide area-specific management directives for the potential nesting areas at Agua
Hedionda and Batiquitos Lagoons, including specific adaptive management measures to address
water quality and protect against detrimental edge effects from adjacent development,
recreational impacts, and other direct and indirect impacts. Such management will begin initially
for all lagoons in the City by the California Department of Fish and Game.
The MHCP Subregional Plan and the City’s Subarea Plan will directly and indirectly affect this
species as described above. However, all of the lagoon habitat which includes the critical
locations will be 100 percent conserved. The large-billed savannah sparrow will also benefit
from the conditions for Belding’s savannah sparrow and estuarine species and the no-net-loss of
wetland policies. The MHCP Subregional Plan and City’s Subarea Plan will provide monitoring
and management of this species that will detect and minimize negative impacts that are affecting
large-billed savannah sparrow. The City and California Department of Fish and Game will
provide management and monitoring initially for all the lagoons and any newly found locations.
Additionally, this species should benefit from the connected preserve system that will be
managed and monitored in the City and throughout the MHCP in perpetuity. This Preserve will
be adaptively managed, per the measures included in the MHCP Subregional Plan, which will
further reduce the indirect effects and benefit the species.
There are no documented locations for large-billed savannah sparrow in the MHCP planning
area. The mitigation measures for this species are adequate to offset the impacts because the
MHCP and the HMP will be conserving 100 percent of the species habitat; both major
populations and critical locations will be conserved; take is expected to be low (no more than 2
individuals); the conditions for estuarine species, no-net-loss of wetlands, and critical location
policies will be implemented; and the HMP includes management and monitoring to reduce any
indirect impacts that may occur.
Cnemidophorus hyperythrus beldingi (Orange-throated whiptail)
Orange-throated whiptails use chaparral, non-native grassland, coastal sage scrub, juniper
woodland and oak woodland habitats as well as alluvial fan scrub and riparian areas. This
Subregional MHCP and Carlsbad Subarea Plan Findings 140
subspecies is presumably tied to perennial vegetation because termites are its major food source.
California buckwheat or flattop buckwheat (Eriogonum fasciculatum), a colonizing species of
disturbed, sandy soils, is an important indicator of favorable habitat for whiptails. The presence
of California buckwheat generally indicates a particular amount of inter-shrub spacing (1 0 to 40
percent bare ground cover) apparently required for foraging and thermoregulatory behavior of
this subspecies. California buckwheat is known to commonly occur in both coastal sage scrub
and chaparral. California sagebrush (Artemisia californica), black sage (Salvia mellifera), and
white sage (Salvia apiana) are some of the other plant species that may fill the perennial plant
requirement for the whiptail. Friable soil appears to be a necessary requirement for excavating
burrows and hiding eggs. Soil grain size preference data clearly suggest that whiptails choose
only the two finest grain sizes in which to bury. However, the whiptail may choose to bury in
loose soil aprons brought up fiom the sub-surface by rodents, in an otherwise large grain
exposure.
The orange-throated whiptail is locally common within its range. Within the MHCP Subregional
Plan, orange-throated whiptails have been documented in Oceanside, Carlsbad (Carlsbad
Highlands, Aviara, and east La Costa), north and south Encinitas, and southwest and east
Escondido (near Harmony Grove and San Pasqual Valley). There are no major populations or
critical locations in the MHCP planning area, although substantial populations are expected
throughout some of the larger blocks of habitat in northeast Escondido, north Oceanside, and
south San Marcos.
Within the City of Carlsbad, approximately 7,390 acres of the habitat within the Subarea have the
potential to support orange-throated whiptails based on this subspecies’ habitat affinities.
Portions of these habitat types may not be suitable for this subspecies (i.e., >50 percent
vegetative cover in sage scrub), therefore the amount of suitable habitat will likely be less.
Population estimates and location data have not been completed for this subspecies due to a lack
of survey effort. However, observations of orange-throated whiptails have been documented
within the Subarea in Core Areas 5 and 7, and Linkage F and are likely to occur in Core Area 3.
The proposed permit special terms and conditions require that the City ensure that if they proceed
with plans to construct Cannon Road Reach 4, the extension of Melrose Drive through the
Shelley Property, or Marron Road through the Sherman Property, the City will consult with the
Service and California Department of Fish and Game on the preparation of a draft Environmental
Impact Report to ensure that all potential alternatives to construction of these roads are fully
considered. Any alternatives that include the construction of these roads shall meet the following
standards unless otherwise agreed to by the Service and California Department of Fish and Game
due to new information from scientific studies:
0
a
A wildlife movement study that gathers wildlife movement data for at least one full year
shall be conducted preceding the design of any road undercrossings.
Noise within the underpasses shall be less than 60 dBA during the time of day that
animals use it. Sound walls shall be considered along portions of the road that pass over
Subregional MHCP and Carlsbad Subarea Plan Findings 141
underpasses in order to reduce noise levels, as increased traffic volume may decrease the
frequency at which a species uses the underpasses.
Shield corridors from artificial lighting. Use skylight openings within the underpass to
allow for vegetative cover within the underpass.
Design underpasses or culverts to be at least 30 feet wide by 15 feet high with a
maximum 2: 1 length to width ratio. A more important variable is the openness of the
underpass, which takes into consideration the height, width, and length of the underpass
(H*W/L). The openness value shall be greater than 0.6.
Avoid co-locating human trails with wildlife movement corridors/crossings. Underpasses
shall be situated along primary travel routes away from areas containing noise and light
pollution and serve only wildlife needs since human presence and/or recreational
activities can deter wildlife activity.
In order to prevent “at-grade” crossing attempts by the target species, fencing shall be
installed to complement the underpasses. Fencing shall be used to funnel wildlife away
from at-grade road crossings and toward undercrossings. Fencing shall be at least 8 feet
high (measured from the ground up) and placed along portions of the road that bisect the
natural open space to prevent end runs. Coyotes and deer are infamous for end runs,
which means they will continue to shift their movements to go around the end of a fence
instead of using an underpass. Furthermore, the fencing shall also have mesh that is less
than 10 cm x 15 cm and be seated at least 15 cm into the ground to prevent the animals
from exploiting any weaknesses, which would allow them access to the road. Finally, the
fencing shall be installed to “funnel” the animals towards each underpass by using wing
fencing on both sides of the culvert.
Screen undercrossing openings with natural vegetation. Native vegetation shall surround
all underpass entrances and replace any proposed rock fill slope protection.
To maximize the width of the culvert available for wildlife movement, the water drainage
area in the base of each culvert shall be as narrow as possible and placed to the side,
rather than the center. Concrete V-ditches shall be eliminated to allow for natural stream
flows, which provide the elements critical for the movement of sensitive reptile and
amphibian species.
a
a
a
a
a
a
The proposed permit special terms and conditions also require that the City ensure that any
opportunities to maintain and/or widen a corridor of habitat between Carlsbad and Oceanside are
fully considered. This includes the Permittee upholding the City of Carlsbad’s agreement that
should the driving range adjacent to the Kellymartman property be proposed for a different use,
that the City will ensure an on-site corridor is established on the driving range property.
The MHCP Subregional Plan will directly impact this species and has no conditions of coverage
for this species. Sixty percent (55 of 92) of the known location points will be conserved by the
MHCP. However, orange-throated whiptail are not well represented by species points, thus our
analysis must use suitable habitat as the unit of measure. The MHCP Subregional Plan will
conserve 12,163 acres (66 percent) of the primary orange-throated whiptail habitat of which 7 1
percent is within the BCLA.
Subregional MHCP and Carlsbad Subarea Plan Findings 142
The City of Carlsbad’s preserve design provides for conservation of 4,453 acres (60 percent) of
suitable habitat, with anticipated with anticipated impacts to 2,937 acres (40 percent) of habitat
as a result of this plan. Direct effects to this subspecies will result from the elimination of
suitable habitat with an unknown number of orange-throated whiptails present.
The Subarea plan provides a basis for the conservation of this subspecies and its associated
habitats. Specifically, Table 9 of the Subarea plan states:
Manage preserve areas to restrict activities that would degrade habitat; control predators.
If opportunities arise, consider establishing a relocation program (possibly in Core Area 3
or 7) to initiate new populations or enhance and maintain existing populations. Provide
management measures which facilitate movement between populations within the City as
well as to regional linkages.
Conserve approximately 2,000 acres of coastal sage scrub, 700 acres of chaparral and 350
acres of southern maritime chaparral where this species may occur. Maintain linkages
between populations in Core Area 7 and areas to the southeast. The proposed permit
special term and condition will reduce the impacts of roads in this area to Orange-
throated whiptail movement and dispersal.
The proposed permit special terms and conditions will also benefit the movement and dispersal
of orange-throated whiptails between the Cities of Carlsbad and Oceanside. In addition,
management will begin initially for approximately half of the areas that have or once had
documented orange-throated whiptails and any new populations will be managed per the MHCP
standards.
The orange-throated whiptail is locally common within its range which includes southwestern
California and Baja California, Mexico. There are no major populations or critical locations in
the MHCP planning area, although substantial populations are expected throughout some of the
larger blocks of habitat in northeast Escondido, north Oceanside, and south San Marcos. The
MHCP Subregional Plan and City’s Subarea Plan will directly and indirectly affect this species
through habitat loss fiom development. The mitigation measures for this species are
commensurate with the impacts because MHCP will conserve 66 percent of the orange-throated
whiptail suitable habitat in the planning area, of which 71 percent is within the biological core
and linkage area; the FPA maintains broad linkages of habitats within and outside the MHCP
planning area; this is a locally common species that is expected to be less affected by
fragmentation and edge effects than other coastal sage scrub reptiles; the FPA conserves
approximately 60 percent of recorded locations; and 400 to 500 acres of additional suitable
habitat will be conserved in the gnatcatcher core area. In addition, the MHCP Subregional Plan
and City’s Subarea Plan will provide monitoring and management of this subspecies that will
detect and minimize negative impacts that are affecting orange-throated whiptail. This species
should also benefit from the connected preserve system that will be managed and monitored in
Subregional MHCP and Carlsbad Subarea Plan Findings 143
the City and throughout the MHCP in perpetuity. This Preserve will be adaptively managed, per
the measures included in the MHCP Subregional Plan, which will fbrther reduce the indirect
effects and benefit the species.
SPECIES FROM TABLE 2: These are species which the City will not receive coverage for
immediately upon approval of their permit. The City’s coverage is contingent on Other MHCP
Subarea Plans being Permitted as described for each species below.
Acanthomintha ilicifolia (San Diego thorn-mint)
San Diego thornmint is generally associated with vernal pools, grassland habitats, and widely
scattered, discrete open patches in coastal sage scrub and chaparral. San Diego thornmint occurs
on heavy, vertisol clay substrates, which are often derived from metavolcanic substrates. It is
also associated with gabbro soils which are derived from igneous rock and may occur in
calcareous marine sediments.
San Diego thornmint is found in all of the cities within the MHCP except Solana Beach. There
are 22 locations points known within the MHCP planning area. Major populations occur in
Carlsbad, as described below, in Encinitas at Quail Botanical Gardens and Lux Canyon and
vicinity, in San Marcos and Vista at San Marcos West, and Escondido. This is a total of eight
major population areas within the MHCP. In addition to these major populations, there is one
population of San Diego thornmint in the City of Carlsbad that was recently discovered on the
preserve associated with the Villages of La Costa (the Greens) property. One other population
exists on county property northeast of the intersection of Palomar Airport Road and El Camino
Real, completely surrounded by the City of Carlsbad.
Of the five major populations in the City of Carlsbad, two occur on properties that have been
previously permitted; the other three are addressed by the plan. Each of the populations is made
up of a varying quantity of point locations. The northern-most population is located southwest of
the intersection of El Camino Real and College Boulevard (El Camino Real/College Blvd.). This
population is in close proximity to a hardline preserve area, however the point location is located
outside the preserve. Further investigation is needed to verify the existence of San Diego
thornmint in this preserve area. The second population is located to the southeast of the
intersection of Palomar Airport Road and Aviara Parkway (South Palomar Airport Road). This
population is made up of two point locations, both of which are not located within the preserve
design. The third population is located partially on the Carlsbad Raceway property and partially
in San Marcos (San Marcos West). Although San Diego thornmint was found on this site in
1986, it was not found in a 2001 survey. If the San Diego thornmint is still extant at this
location, it is likely in the preserve or in the City of San Marcos adjacent to the Carlsbad
Raceway property. A fourth population is located at the intersection of El Fuerte Street and
Rancho Pancho Road (North Alga Road). The status of this population is unknown at this time.
The fifth is located in the southeastern portion of the City of Carlsbad (Olivenhain). Whereas the
other populations contain closely grouped point locations, this population contains dispersed
point locations.
Subregional MHCP and Carlsbad Subarea Plan Findings 144
All of the point locations in the Olivenhain population are on previously permitted projects.
Point locations in this population have been lost to development at the intersection of La Costa
Avenue and Rancho Santa Fe Road. Another point location for San Diego thornmint occurs just
outside the preserve area between Calle Barcelona and Saucedal Via. The status of this point
location is unknown. The third subpopulation within this population is located to the south of La
Costa Canyon High school. It is made up of six point locations, two of which fall outside the
preserved area and are thought to be extirpated. The other four point locations are within the
preserve, but their current status is unknown.
San Diego thornmint is restricted to calcareous marine sediments, clay or gabbro-derived soils
and are associated with coastal sage scrub, chaparral, and grassland. The existing amount of
coastal sage scrub, chaparral, and grassland is quantifiable; however, it is difficult to estimate the
amount of habitat available for San Diego thornmint. Often patches of the appropriate habitat are
too small and localized to show up on soil or vegetation maps and therefore cannot be measured.
It is possible that other populations of San Diego thornmint will be found in the Carlsbad
subarea.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1.
2.
3.
4.
5.
6.
7.
The major populations and critical locations of San Diego thorn-mint in Carlsbad and San
Marcos must be conserved at a level consistent with the critical location policy and managed
as part of the preserve system.
Fire management plans must be implemented for all conserved populations to protect them
from frequent or high-intensity fires and fire suppression activities. Fire management plans
should include emergency access plans for conserved areas to protect populations from fires
and disturbances associated with fire suppression.
As part of the project review process (e.g., CEQA) for individual projects within the MHCP
area, a qualified biologist must survey for this species in all potential habitat areas.
The MHCP narrow endemic policy must be applied to any population of this species,
including those already known and any found in the future.
Declining populations must be enhanced and damaged habitat restored, if determined
necessary through monitoring.
If not already established in the region by another entity, the MHCP management program
must establish a seed bank as a guarantee against extinction and to provide source materials
for conservation and research activities. A seed bank must be established within 15 years of
permit issuance. Collections should be based on established guidelines and subject to seed
availability. Collected seed should be stored at an established seed bank facility (e.g.,
Rancho Santa Ana Botanic Garden or San Diego Wild Animal Park).
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
The MHCP Subregional Plan will directly impact San Diego thornmint in all of the cities it
currently occurs except Encinitas and Escondido which will conserve all the known point
Subregional MHCP and Carlsbad Subarea Plan Findings 145
locations at 100 percent. A majority of the known species points occur within the FPA (70
percent) and will be conserved at levels of 95 to 100 percent. Points that fall outside the FPA
will be conserved at least 80 percent due to the narrow endemics policy. The City of Oceanside
is expected to conserve 95 percent of the two locations points within the City. The City of San
Marcos is expected to conserve 90 percent of the four location points currently known in the
City. The City of Vista is expected to conserve at least 80 percent of the two location points
currently known in the City. Overall, 91 percent of the major populations and critical locations
of this species in the study area will be conserved under the current FPA design and all critical
locations will be 100 percent conserved. Of the eight major populations, five will be entirely
conserved within the FPA ( north of Alga Road, Quail Botanical Gardens, Lux Canyon and
vicinity, and Escondido). In addition, the MHCP Subregional Plan will conserve 3,403 acres (52
percent) of San Diego thorn-mint suitable habitat (calcareous marine sediments, clays, or gabbro-
derived soils in coastal sage scrub, chaparral and grassland).
In the City of Carlsbad, two of the three populations of San Diego thornmint located in the
subarea, but not yet permitted, will be directly impacted. These two populations (El Camino
ReaVCollege Boulevard and South Palomar Airport Road) do not occur in preserve areas, but
because this plant is a narrow endemic they will be impacted at no greater than 20 percent. The
third population (North Alga Road) occurs in a preserve area and will not be directly impacted.
Any additional populations found will be preserved according to the narrow endemic policy.
However, the City of Carlsbad would not receive coverage for this species until the City of San
Marcos has a valid lO(a)l(B) permit for their Subarea Plan from the Service with this species is
covered or the major and critical population in the major amendment area of San Marcos is
preserved and managed in perpetuity. In addition, the City of Carlsbad will also not receive
coverage for this species until documentation is provided that assures the above conditions,
including management and monitoring of this species in perpetuity throughout the City,
according to MHCP Volume 3 standards, can be met among the signatories to the IA (City,
Service, andor Department).
Indirect impacts would be avoided and minimized by monitoring and management of this species
according to MHCP standards. However, the City would not be able to initially fund or gain
access for management and monitoring for nearly all of the critical locations and all but two of
the other occurrences in the City until a regional funding source, or some other additional funds,
are available. Because of this, coverage for this species is not being proposed until the City of
Carlsbad can document they have access and the funds available to manage and monitor this
species as described in the MHCP Volume 3 and the OSMP.
The MHCP Subregional Plan and City’s Subarea Plan will directly impact San Diego thorn-mint
throughout the MHCP planning area by habitat loss from development. However, overall 91
percent of all known location points, major populations, and critical locations will be conserved
and 52 percent of San Diego thorn-mint habitat will be conserved. In addition, the MHCP
Subregional Plan assures that no more than 80 percent of any population will be impacted outside
of the FPA due to the narrow endemics policy. All remaining populations of San Diego thorn-
Subregional MHCP and Carlsbad Subarea Plan Findings 146
mint will be monitored and managed consistent with the MHCP Management and Monitoring
Plan (Volume 3) and coverage for this species to the City does not begin until the City of San
Marcos receives a lO(a)l(B) permit with this species covered and the City of Carlsbad can
provide documentation to the Service and Department that adequate access and funding is
available. Thus, the plan will detect and minimize any negative impacts that are affecting San
Diego thorn-mint. The avoidance, minimization, and/or mitigation measures included in the
MHCP Subregional Plan and City’s Subarea Plan will reduce any impacts that may occur to this
species. This species will also benefit from the habitat that the MHCP Subregional Plan will
preserve in perpetuity. This Preserve will be adaptively managed, per the measures included in
the MHCP Subregional Plan and the City’s Subarea Plan which will further reduce the indirect
effects and benefit the species.
San Diego thornmint is a clay soil endemic found only in San Diego County south to San Telmo
in northern Baja California, Mexico. Currently there are about 150,000- 170,000 individuals in
32 populations in the United States, ranging from Carlsbad and San Marcos east to Alpine and
south to Otay Mesa in San Diego County. The MHCP Subregional Plan will directly impact San
Diego thornmint in all of the cities it currently occurs in except Encinitas and Escondido which
will conserve all the known point locations at 100 percent. All remaining populations of San
Diego thorn-mint will be monitored and managed consistent with the MHCP Management and
Monitoring Plan (Volume 3) and coverage for this species to the City of Carlsbad does not begin
until the City of San Marcos receives a 1 O(a)( 1)(B) permit with this species covered and the City
of Carlsbad can provide documentation to the Service and Department that adequate access and
funding is available. Therefore, the mitigation measures for this species are commensurate with
the impacts because MHCP will conserve 91 percent of all known location points within the
MHCP (including the HMP); 52 percent of San Diego thorn-mint suitable habitat is within the
FPA and all locations both inside and outside the FPA will benefit from the narrow endemic
policy (no more than 20 percent cumulative loss within each City); the HMP will conserve four
of five known major populations; the narrow endemic policy will apply; and the HMP includes
management and monitoring to reduce any indirect impacts that may occur.
Ambrosia pumila (San Diego ambrosia)
San Diego ambrosia occurs in open habitats in coarse substrates near drainages, and in upland
areas on clay slopes or on the dry margins of vernal pools. It also occurs in a variety of
associations that are dominated by sparse grasslands or marginal wetland habitats such as river
terraces, pools, and alkali playas. Reiser noted that San Diego ambrosia may also occur in creek
beds and willow woodlands lacking tree canopies. Dudek and Associates found Ambrosia
pumila in sandy loam textured soils, that were moderately acidic (PH ranging from 4.48 to 5.77)
and low in salinity. San Diego ambrosia has been reported from 0-9 percent slopes on sandy or
clay loams. At Mission Trails Regional Park in San Diego, Ambrosia pumila occurred upon
slope angles ranging from 0 to 18 percent with the vast majority of plants occurring at slope
angles of less than 5 percent. San Diego ambrosia generally occurs at low elevations (i.e., less
than 180 meters in San Diego County). Commonly associated species include NaseZZa spp.,
Subregional MHCP and Carlsbad Subarea Plan Findings 147
Avena spp., Bromus spp., Centaurea melitensis, Ambrosia psilostachya, Hemizonia fasciculata,
Holocarpha virgata, Distichlis spicata, Eremocarpus setigerus, and several vernal pool species.
Within the MHCP, San Diego ambrosia has been found in Oceanside and Escondido. Both the
City of Oceanside and Escondido have two occurrences. However, the only population known to
persist is near Mission Boulevard in east Oceanside on a property referred to as Jeffres Ranch.
This population is classified as a major population area and a critical location. Habitat for San
Diego ambrosia includes coastal sage scrub, grassland, or disturbed habitat. However, it is
typically associated with upper terraces of rivers and drainages.
There are no populations of San Diego ambrosia in the Carlsbad subarea. It is possible that there
are undiscovered populations within suitable habitat in the Carlsbad subarea.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1.
2.
3.
4.
5.
6.
The major population and critical location of San Diego ambrosia in Oceanside must be
conserved at a level consistent with the critical location policy and managed as part of the
preserve system.
Fire management plans must be implemented for all conserved populations to protect them
from frequent or high-intensity fires and fire suppression activities.
As part of the project review process (e.g., CEQA) for individual projects within the MHCP
area, a qualified biologist must survey for this species in all potential habitat areas.
The MHCP narrow endemic policy must be applied to any population of this species,
including those already known and any found in the future.
Declining populations must be enhanced and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat improvement actions.
Unless analyses determine that there is no significant genetic variation between populations,
introduced plant materials must be from the parental population or a population in proximity.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
The MHCP Subregional Plan will conserve at least 95 percent of the one major population
critical location in Oceanside. The other occurrence in Oceanside is in the FPA and will be
conserved at 95 percent. The two occurrences in Escondido are outside of the FPA and will be
conserved at least 80 percent due to the narrow endemic policy.
The City’s Subarea Plan will have no direct effects to San Diego ambrosia because it is not
known to occur in the Carlsbad subarea. Undiscovered populations of the San Diego ambrosia
could exist in the marsh habitat or the grassland habitat. The plan will preserve 100 percent of
marsh habitat, but only 38 percent of grassland habitat. If San Diego ambrosia is found in the
subarea it will be preserved per the narrow endemic standards. In addition, the City of Carlsbad
would not receive coverage for this species until the City of Oceanside has a valid lO(a)l(B)
Subregional MHCP and Carlsbad Subarea Plan Findings 148
permit for their Subarea Plan from the Service with this species covered or the major and critical
population in the City of Oceanside near Mission Boulevard is preserved and managed in
perpetuity.
This species will be managed and monitored per the MHCP standards in Volume 3 to identify if
such issues are affecting San Diego ambrosia in the MHCP planning area.
The MHCP Subregional Plan will directly impact San Diego ambrosia in the Cities of Oceanside
and Escondido by habitat loss from development. However, half of the occurrences will be
conserved at 95 percent and the other half will be conserved at least 80 percent. In addition, the
one major population and critical location will be conserved at 95 percent. No direct impacts to
San Diego ambrosia will occur from the Carlsbad Subarea Plan because the species is not known
to occur in Carlsbad and coverage for this species to the City of Carlsbad does not begin until the
City of Oceanside receives a lO(a)l(B) permit with this species covered. In addition, all new
occurrences will be protected by the narrow endemics policy which assures that no more than 80
percent of any population will be impacted. All remaining populations of San Diego ambrosia
will be monitored and managed consistent with the MHCP Management and Monitoring Plan
(Volume 3), as a result, the plan will detect and minimize any negative impacts that are affecting
San Diego ambrosia. The avoidance, minimization, andor mitigation measures included in the
MHCP Subregional Plan and City’s Subarea Plan will reduce any impacts that may occur to this
species. This species will also benefit from the habitat that the MHCP Subregional Plan will
preserve in perpetuity. This Preserve will be adaptively managed, per the measures included in
the MHCP Subregional Plan which will further reduce the indirect effects and benefit the species.
San Diego ambrosia is distributed from western Riverside County and western San Diego
County, California, south in widely scattered populations along the west coast of Baja California,
Mexico, to the vicinity of Cab0 Colonet. The MHCP Subregional Plan is expected to impact a
small portion of the four occurrences within the planning area and the HMP will have no direct
effects to San Diego ambrosia because it is not known to occur in the Carlsbad subarea. Thus,
the mitigation measures for this species are commensurate with the impacts because there are no
known locations within Carlsbad; the HMP will conserve 54 percent of suitable habitat; the HMP
will conserve four of five known major populations; the narrow endemic policy will apply; and
the HMP includes management and monitoring to reduce any indirect impacts that may occur.
Ceanothus vermcosus (Wart-stemmed ceanothus)
Wart-stemmed ceanothus occurs in coastal chaparral intermixed with chamise (Adenostoma
fasciculatum) and mission manzanita (Xylococcus bicolor). Typically, wart-stemmed ceanothus
is a dominant shrub within the vegetation community where it occurs. It may be particularly
vigorous on north-facing slopes, but can accommodate more xeric aspects. Soil-types used by
this species include Exchequer rocky silt loams, terrace escarpments, and Gaviota fine sand
loams.
Subregional MHCP and Carlsbad Subarea Plan Findings 149
In the MHCP this species occurs in Carlsbad, Encinitas, San Marcos, and Escondido. There are
seven major populations of wart-stemmed ceanothus throughout the MHCP planning area. The
populations within the MHCP represent the northern extent of the range for this species. The
major populations in Encinitas occurs on the slopes at Green Valley and Lux Canyon. The major
population in San Marcos occurs at Mount Whitney - Double Peak. The major populations in
Escondido occurs at Del Dios and Lake Hodges-San Dieguito River Valley. No critical
populations have been identified in the MHCP planning area. The MHCP planning area contains
9,292 acres of wart-stemmed ceanothus habitat (southern maritime chaparral and southern mixed
chaparral).
Within the Carlsbad subarea there are three major populations; in addition, there is one other
population near the intersection of Aviara Parkway and Palomar Airport Road. The three major
populations are located on the Kelly Ranch property, in central Carlsbad (along Palomar Airport
Road), and on the western slope of Green Valley. Each of the major populations contains several
point locations. This species has been impacted previously north of Agua Hedionda Lagoon in
the area east of Interstate 5 between Poinsettia Lane and Palomar Airport Road, on the La Costa
Villages (The Greens) property, and in the area southeast of the intersection of La Costa Ave and
El Camino Real. These projects were permitted prim to this plan.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. The major population in the Mount Whitney-Double Peak area of San Marcos must be
conserved at a minimum of 70 percent of the existing population.
2. Fire management plans must be implemented for all conserved populations to promote
biological goals (e.g., regeneration) while protecting individual plants and habitat from
frequent fire and fire suppression activities. Develop fire management guidelines within
conserved areas that incorporate controlled bums (or other fuel reduction methods in urban
areas), while limiting fire frequency and emergency access.
3. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
The majority (75 percent) of species location points are within the FPA throughout the MHCP
planning area. However, any occurrences outside of the FPA will receive no protection since
there are no critical populations of this species and the species is not a narrow endemic or
wetland obligate. The City of Encinitas is expected to conserve 28 of 37 (76 percent) location
points and 74 percent of the major populations. The City of Escondido is expected to conserve
41 of 47 (87 percent) location points and 83 percent of the major populations. The City of San
Marcos is expected to conserve 20 of 46 (44 percent) location points and 70 percent of a the
major population at Mount Whitney - Double Peak. The City of Solana Beach is expected to
conserve 4 of 6 location points. Overall, the MHCP will preserve 6,554 acres (71 percent) of
wart-stemmed ceanothus habitat (southern maritime chaparral and southern mixed chaparral)
throughout the MHCP planning area.
Subregional MHCP and Carlsbad Subarea Plan Findings 150
In the Carlsbad Subarea Plan, a portion of each of the two northern populations (Kelly Ranch and
central Carlsbad) will be impacted by the plan. We do not have data that give information on the
areal extent of the populations or number of individuals in each population. Instead, we have
point locations where the plants have been reported. For the wart-stemme.d ceanothus there are a
total of 37 point locations within the subarea; of these, seven point locations fall outside of the
preserve boundary and it is assumed that they will be impacted. In the central Carlsbad
population five of the point locations that will be impacted are associated with projects that will
occur along Poinsettia Lane and one point location on the north side of Batiquitos Lagoon will be
impacted. There is a single point location that will be impacted on the Kelly Ranch property.
However, the City of Carlsbad would not receive coverage for this species until the City of San
Marcos has a valid 1 O(a)l(B) permit for their Subarea Plan from the Service with this species
covered. In addition, the City of Carlsbad will not receive coverage for this species until they
have the legal access and funds available to manage and monitor this species as described in the
MHCP Volume 3 and the OSMP.
Indirect impacts would be avoided and minimized by monitoring and management of ths species
according to MHCP standards. However, the City would not be able to initially fund or gain
access for management and monitoring for the critical locations and most of the other
occurrences in the City until a regional funding source, or some other additional funds, are
available. Because of this, coverage for this species is not being proposed until the City of
Carlsbad can document they have access and the funds available to manage and monitor this
species as described in the MHCP Volume 3 and the OSMP.
The MHCP Subregional Plan and City’s Subarea Plan will directly impact wart-stemmed
ceanothus throughout the MHCP planning area by habitat loss from development. However, no
critical populations are identified within the MHCP and overall 75 percent of all known location
points and 78 percent of all major populations will be conserved. 71 percent of wart-stemmed
ceanothus habitat will be conserved. All remaining populations of wart-stemmed ceanothus will
be monitored and managed consistent with the MHCP Management and Monitoring Plan
(Volume 3) and coverage for this species to the City does not begin until the City of San Marcos
receives a 1 O(a) 1 (B) permit with this species covered and the City of Carlsbad can provide
documentation to the Service and Department that adequate access and funding is available.
Thus, the plan will detect and minimize any negative impacts that are affecting wart-stemmed
ceanothus. The avoidance, minimization, and/or mitigation measures included in the MHCP
Subregional Plan and City’s Subarea Plan will reduce any impacts that may occur to this species.
This species will also benefit from the habitat that the MHCP Subregional Plan will preserve in
perpetuity. This Preserve will be adaptively managed, per the measures included in the MHCP
Subregional Plan and the City’s Subarea Plan which will further reduce the indirect effects and
benefit the species.
Wart-stemmed ceanothus is limited in distribution to western San Diego County and Baja
California, Mexico. In San Diego County, it is found on the immediate coast from Carlsbad
south to the U.S.-Mexican border. It also occurs inland towards San Marcos and Lake Hodges.
Subregional MHCP and Carlsbad Subarea Plan Findings 151
There are seven major populations of wart-stemmed ceanothus throughout the MHCP planning
area that represent the northern extent of the range for this species. No critical populations have
been identified in the MHCP planning area. Impacts are expected to only a small portion of the
species total known locations. In addition, the City of Carlsbad will not receive coverage for this
species until they have the legal access and funds available to manage and monitor this species as
described in the MHCP Volume 3 and the OSMP. Therefore, the mitigation measures for this
species are commensurate with the impacts because MHCP will conserve 75 percent of the
known species locations; the HMP will conserve 90 percent of major populations and 77 percent
of the habitat; and the HMP includes management and monitoring to reduce any indirect impacts
that may occur.
DudZeya viscida (Sticky dudleya)
Sticky-leaved dudleya is found on mesic, mostly north-facing, and often steep, rocky canyon
slopes. Sticky-leaved dudleya is known to occur in chaparral, sage scrub, and coastal bluff scrub.
In San Diego County, it has been associated with exposed gabbroic rock or in very shallow soils
and cracks on vertical rock faces.
Three populations of sticky dudleya occur in the MHCP. Two of these populations occur in
Oceanside and one occurs in Carlsbad. The population at the mouth of the San Luis Rey River is
considered a major population and critical location. There are 16,980 acres of suitable sticky
dudleya habitat (coastal sage scrub and chaparral) in the MHCP planning area.
The one population that occurs in Carlsbad is considered a major population as well as a critical
location. The Carlsbad population is on the Villages of La Costa property. This project is
already permitted and the population of sticky dudleya is located on the preserved habitat
associated with this property.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. The major population and critical location at the San Luis Rey River in Oceanside must be
conserved at a level consistent with the critical location policy and managed as part of the
preserve system.
2. Fire management plans must be implemented for all conserved populations to protect them
from frequent and high-intensity fires and fire suppression activities. If determined necessary
to maintain the population, develop fire management guidelines within conserved areas that
limit fire frequency and emergency access.
3. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
The majority (74 percent) of location points are within the FPA throughout the MHCP planning
area. The current FPA design only protects 74 percent of the population at the San Luis Rey
River mouth, however, the above condition of coverage requires at least 95 percent of the
Subregional MHCP and Carlsbad Subarea Plan Findings 152
population be conserved. In addition, the MHCP Subregional Plan conserves 11,140 acres (66
percent) of sticky dudleya habitat.
In the Carlsbad Subarea Plan, the only known population of sticky dudleya is on a project that is
already permitted. Therefore, there are no direct effects anticipated from the implementation of
this plan. The plan conserves 65 percent of existing coastal sage scrub and 70 percent of
chaparral, yet only a small percentage of this habitat likely supports to proper microhabitat for
sticky dudleya. In addition, the City of Carlsbad would not receive coverage for this species until
the City of Oceanside has a valid lO(a)l@) permit for their Subarea Plan fi-om the Service with
this species covered.
It is possible that populations of sticky dudleya not yet discovered may be impacted, however,
the plan indicates that any newly discovered populations will have area specific management
directives, which will protect against negative impacts.
Indirect impacts would be avoided and minimized by monitoring and management of this species
according to MHCP standards. The City will initially provide management and monitoring for
the major and critical population in the City. Any new occurrences would be managed to MHCP
standards as well.
The MHCP Subregional Plan will directly impact sticky dudleya in the City of Oceanside by
habitat loss from development. However, some of this population is in the FPA and the entire
population must meet the critical location policy. No direct impacts to sticky dudleya will occur
from the Carlsbad Subarea Plan because the only known location of this species is within a
preserved area and coverage for this species to the City of Carlsbad does not begin until the City
of Oceanside receives a lO(a)l (B) permit with this species covered. All remaining populations
of sticky dudleya will be monitored and managed consistent with the MHCP Management and
Monitoring Plan (Volume 3), as a result, the plan will detect and minimize any negative impacts
that are affecting sticky dudleya. The avoidance, minimization, and/or mitigation measures
included in the MHCP Subregional Plan and City’s Subarea Plan will reduce any impacts that
may occur to this species. This species will also benefit fi-om the habitat that the MHCP
Subregional Plan will preserve in perpetuity. This Preserve will be adaptively managed, per the
measures included in the MHCP Subregional Plan which will further reduce the indirect effects
and benefit the species.
Sticky dudleya occurs in Orange, Riverside, and San Diego counties. In San Diego County, the
species occurs on Camp Pendleton (San Mateo Creek, Stuart Mesa, and bluffs at the mouth of the
Santa Margarita River), Oceanside, Carlsbad, Escondido Creek, San Dieguito River Valley, and
Santa Fe Valley. There are fewer than twenty occurrences in southeastern Orange, northern San
Diego, and southwestern Riverside counties, and only three occurrences within the MHCP. The
Oceanside and Carlsbad locations fall within the MHCP. The current FPA design only protects
74 percent of the population at the San Luis Rey River mouth; however, MHCP conditions of
coverage require at least 95 percent of the population be conserved. No direct impacts to sticky
Subregional MHCP and Carlsbad Subarea Plan Findings 153
dudleya will occur from the Carlsbad Subarea Plan because the only known location of this
species is within a preserved area and coverage for this species to the City of Carlsbad does not
begin until the City of Oceanside receives a lO(a)(l)(B) permit with this species covered. All
remaining populations of sticky dudleya will be monitored and managed consistent with the
MHCP Management and Monitoring Plan (Volume 3), as a result, the plan Will detect and
minimize any negative impacts that are affecting sticky dudleya. Therefore, the mitigation
measures for this species are commensurate with the impacts because MHCP will conserve 74
percent of the known species locations; there are no known impacts to this species in the City;
the HMP protects the one major population in the City; and the HMP includes management and
monitoring to reduce any indirect impacts that may occur.
Ferocactus viridescens (San Diego barrel cactus)
San Diego barrel cactus is predominantly found in rocky hillside areas with sparse vegetation
primarily within coastal sage scrub. This species has also been documented in chaparral and
grassland habitats.
Within the MHCP San Diego barrel cactus occurs within Carlsbad, Encinitas, and Oceanside.
Two populations are considered major populations and critical locations. They are located in
Oceanside and Encinitas. The population in Oceanside occurs along the north bank of the San
Luis Rey River in a relatively contiguous stand, however, there are no point locality data for this
population. The population in Encinitas occurs in Lux Canyon. There is only one population in
Carlsbad. It is located south of Palomar Airport Road, across the street from the Carlsbad Flower
Fields. San Diego barrel cactus occurs mostly in coastal sage scrub, but also in chaparral and
grassland. It is possible that this species occurs in other locations within the subarea, but not
likely, since the majority of this species’ distribution is to the south of Carlsbad.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
The major population and critical location at Lux Canyon in Encinitas must be conserved at a
level consistent with the critical location policy and managed as part of the preserve system.
Fire management plans must be implemented for all conserved populations to protect them
from frequent or high-intensity fires and fire suppression activities. If determined necessary
to maintain the population, develop fire management guidelines within conserved areas that
limit fire frequency and emergency access.
As part of the project review process (e.g., CEQA) for individual projects within the MHCP
area, a qualified biologist must survey for this species in all potential habitat areas. Newly
found populations or individuals shall be avoided by the project to the maximum extent
feasible, and any individuals that cannot be avoided shall be salvaged and transplanted to a
suitable preserve area.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
Subregional MHCP and Carlsbad Subarea Plan Findings 154
The MHCP Subregional Plan will conserve 86 percent of the population in Lux Canyon due to
the FPA alone, however, more conservation will occur due to the above condition of coverage
that requires the critical location policy to be applied to this population. Excluding the City of
Oceanside, since there are no point data, a majority (88 percent) of species points occur in the
FPA. It is estimated that over 150 acres of potential habitat will be conserved in the FPA along
the north bank of the San Luis Rey River.
The population of San Diego barrel cactus located in Carlsbad is located in a proposed hardline
preserve which will not be directly impacted from the implementation of this plan. Any new
populations of San Diego barrel cactus found will be avoided, although the plant is not
considered a narrow endemic. To the extent that they can not be avoided, they will be
transplanted to suitable habitat, such as southern maritime chaparral or coastal sage scrub habitat.
However, the City of Carlsbad will not receive coverage for this species until the Cities of
Encinitas and Oceanside have valid lO(a)l(B) permits for their Subarea Plans from the Service
with this species covered.
Indirect impacts would be avoided and minimized by monitoring and management of this species
according to MHCP standards. The City will not be able to initially provide funding and access
for management and monitoring for the one occurrence mapped in the City. However, San Diego
barrel cactus habitat will be managed and any new occurrences would be managed to MHCP
standards as well.
The MHCP Subregional Plan will directly impact San Diego barrel cactus by habitat loss from
development. However, most of the species points are in the FPA and the major population
critical location in Encinitas at Lux Canyon must meet the critical location policy. Thus, it is
expected that at least 86 percent of this population will be protected. No direct impacts to San
Diego barrel cactus will occur from the Carlsbad Subarea Plan because the only known location
of this species is within a preserved area and coverage for this species to the City of Carlsbad
does not begin until the Cities of Encinitas and Oceanside receive a 1 O(a) 1 (B) permit with this
species covered. All remaining populations of San Diego barrel cactus will be monitored and
managed consistent with the MHCP Management and Monitoring Plan (Volume 3), as a result,
the plan will detect and minimize any negative impacts that are affecting San Diego barrel cactus.
The avoidance, minimization, and/or mitigation measures included in the MHCP Subregional
Plan and City’s Subarea Plan will reduce any impacts that may occur to this species. This species
will also benefit from the habitat that the MHCP Subregional Plan will preserve in perpetuity.
This Preserve will be adaptively managed, per the measures included in the MHCP Subregional
Plan whch will further reduce the indirect effects and benefit the species.
This species is found from coastal San Diego County south to near Punta San Telmo in Baja
California, Mexico. In San Diego County, the species occurs along the coastal slope from
Oceanside (on a north-facing slope near the mouth of the San Luis Rey River) south to the U.S.-
Mexican border. The densest populations in San Diego County are found on Otay Mesa. The
three populations within the MHCP are only a small percentage of the overall species occurrence
Subregional MHCP and Carlsbad Subarea Plan Findings 155
and impacts are expected to be low. No direct impacts to San Diego barrel cactus will occur
fi-om the Carlsbad Subarea Plan because the only known location of this species is within a
preserved area and coverage for this species to the City of Carlsbad does not begin until the
Cities of Encinitas and Oceanside receive a 1 O(a)( 1)(B) permit with this species covered. Thus,
the mitigation measures for this species are commensurate with the impacts because MHCP will
conserve 86 percent of the known species locations; the HMP protects the one major population
in the City; and the HMP includes management and monitoring to reduce any indirect impacts
that may occur.
Quercus engelmannii (Engelmann oak)
Englemann oaks grow between dry coastal plains and cold montane areas, within an upper
elevational limit of approximately 4,200 feet and a rainfall minimum of approximately fifteen
inches per year. Southern oak woodlands with Engelmann oaks are generally associated with
grassland and sage scrub vegetation. Because of the Engelmann oak’s tendency to grow near
basalt caps with an understory of coastal sage scrub andor grasses consisting of both introduced
genera, such as Bromus, Avena, Hordeum and Avena, and native genera, such as Stipa,
Engelmann oaks have been coined “mesa oaks.” Engelmann oaks also occur in riparian
woodlands, but are typically subdominant to coast live oak (e. agrfolia) or other typical riparian
trees, such as willows (Salix spp.), cottonwoods (Populus spp.), and sycamores (Platanus
racemosa).
Within the MHCP planning area, small stands andor individual trees are found in Carlsbad
(vicinity of Agua Hedionda), and larger stands occur in Escondido (Lake Wohlford and Daley
Ranch). Both populations in Escondido are major populations and critical locations. One
population also exists in San Marcos. There are 230 acres of englemann oak woodland in the
MHCP planning area.
There is a single population of Engelmann oak in the Carlsbad subarea. This population is made
up of three subpopulations. These subpopulations are situated in a west to east row between
Palomar Airport Road and Aviara Parkway, roughly following Poinsettia Lane.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. All critical locations in Escondido must be substantially conserved in accordance with the
critical location policy and managed as part of the preserve system.
2. Fire management plans must be implemented for all conserved populations to protect
individual plants and habitat from frequent or high-intensity fires.
3. Declining populations must be enhanced and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat improvement actions.
Unless analyses determine that there is no significant genetic variation between populations,
introduced plant materials must be from the parental population or a population in proximity.
Subregional MHCP and Carlsbad Subarea Plan Findings 156
4. Impacts to individual trees shall be avoided and minimized to the greatest extent practicable
during project design.
5. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
A majority (83 percent) of species points and englemann oak woodland (82 percent) throughout
the MHCP planning area occw within the FPA. However, the plants outside of the FPA will
benefit from the above condition that impacts to individual trees shall be avoided and minimized
to the greatest extent practicable. The one San Marcos population is already 100 percent
conserved. A majority (85 percent) of the species points and the major populations critical
locations (84 percent) will be conserved in the City of Escondido. This includes 72 percent of
the Lake Wohlford population and 95 percent of the Daley Ranch population.
Two of the subpopulations that make up the Carlsbad population are outside of the proposed
hardline preserve. These two western subpopulations will likely be directly impacted as a result
of this plan, however, according to the Carlsbad plan only one of these populations will be lost.
In addition, the City has a no-net-loss of oak woodlands policy and the MHCP Subregional Plan
requires impacts to individual trees be avoided and minimized to the greatest extent practicable.
The eastern subpopulation, near El Camino Real, is located in proposed hardline preserves and
will be conserved. A portion of this population is on the Villages of La Costa (The Greens)
property which is already permitted. The rest of this subpopulation is on the Manzanita’s
Partners property and within the proposed preserve. However, the City of Carlsbad will not
receive coverage for this species until the City of Escondido has a valid 1 O(a) 1 (B) permit for
their Subarea Plan from the Service with this species covered.
Indirect impacts would be avoided and minimized by monitoring and management of this species
according to MHCP standards. The City will initially provide management and monitoring for
two of the three occurrences in the City and there are no major and critical populations in the
City. Any new occurrences would be managed to MHCP standards as well.
The MHCP Subregional Plan will directly impact Engelmann oak by habitat loss from
development. However, most of the species points are in the FPA and the major population
critical locations in Escondido will be conserved consistent with the critical location policy.
Thus, it is expected that at least 84 percent of this population will be protected. Direct impacts to
Engelmann oak will also occur from the Carlsbad Subarea Plan because at least one population
will be impacted even though there is a no-net-loss of woodland policy. However, the City of
Carlsbad will not receive coverage for this species until the City of Escondido receives a
lO(a)l(B) permit with this species covered. All remaining populations of Engelmann oak will be
monitored and managed consistent with the MHCP Management and Monitoring Plan (Volume
3), as a result, the plan will detect and minimize any negative impacts that are affecting
Engelmann oak. The avoidance, minimization, and/or mitigation measures included in the
MHCP Subregional Plan and City’s Subarea Plan will reduce any impacts that may occur to this
species. This species will also benefit from the habitat that the MHCP Subregional Plan will
Subregional MHCP and Carlsbad Subarea Plan Findings 157
preserve in perpetuity. This Preserve will be adaptively managed, per the measures included in
the MHCP Subregional Plan which will further reduce the indirect effects and benefit the species.
Engelmann oak occurs in the cismontane foothills of Los Angeles, Orange, Riverside, and San
Diego Counties; on Santa Catalina Island (one tree); and in very northern Baja California,
Mexico. Over 90% of the remaining stands of this species are estimated to occur in San Diego
County primarily east of the MHCP study area. In San Diego County, Engelmann oak
populations are relatively abundant and stable. Direct impacts to Engelmann oak are expected to
be low as a result of MHCP conditions of coverage and a no-net-loss of woodland policy. In
addition, the City of Carlsbad will not receive coverage for this species until the City of
Escondido receives a 1 O(a)( 1)(B) permit with this species covered. The mitigation measures for
this species are commensurate with the impacts because MHCP will conserve 73 percent of the
known species locations; the HMP protects 80 percent of the individuals in the City; and the
HMP includes management and monitoring to reduce any indirect impacts that may occur.
SPECIES FROM TABLE 3: These are species which the City will not receive coverage for
immediately upon approval of their permit. The City’s coverage is contingent on access and
funding for management of conserved areas.
Arctostaphylos glandulosa ssp. crassifolia (Del Mar manzanita)
Del Mar manzanita is commonly found in southern maritime chaparral with Adenostoma
fasciculatum (chaise) and Ceanothus verrucosus (wart-stemmed ceanothus). Preferred soils
include terrace escarpments and loamy alluvial land of the Huerhuero complex.
Approximately 75 percent of extant individuals are concentrated in six populations, four of
which occur in the MHCP planning area in the Cities of Carlsbad and Encinitas. The major
populations of Del Mar manzanita occur in Carlsbad at Agua Hedionda and Green Valley -
Olivenhain and in Encinitas at Lux Canyon and vicinity, Green Valley - Olivenhain, and Oak
Crest Park. All major populations are considered critical locations.
Within the Carlsbad subarea there are two populations, both of which are considered major
populations. Both of these populations are composed of several point locations of Del Mar
manzanita. The northern population of Del Mar manzanita is concentrated along El Camino Real
between Palomar Airport Road and Alga Road. This major population includes plants located
near Agua Hedionda, north of College Boulevard, east of the junction of El Camino Real and
Palomar Airport Road, and east and west of El Camino Real between Palomar Airport Road and
Alga Road. This is the most northern population for this species. The majority of the point
locations for this plant are concentrated on La Costa Greens and on properties to the west. Other
point locations in this population are located on the Kelly Ranch property and the City’s proposed
golf course property. The second population is on the border between Carlsbad and Encinitas in
the area referred to as Green Valley-Olivenhain. There are several point locations on the east
facing, chaparral covered slope of Green Valley. This population extends eastward, along the
Subregional MHCP and Carlsbad Subarea Plan Findings 158
boundary between Carlsbad and Encinitas. The habitat these two populations occur on is
discontinuous and constrained. However, it is possible that seed moving vectors such as birds
and mammals are able to transport seeds within each of these populations. It is less likely that
seed dispersal vectors are able to transport seeds between these two populations because of
residential and commercial development and the presence of busy roads.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. Fire management plans must be implemented for all conserved populations to promote
biological goals (e.g., regeneration) while protecting individual plants and habitat from
frequent or high-intensity fires and fire suppression activities. Develop fire management
guidelines within conserved areas that incorporate controlled bums (or other fuel reduction
methods in urban areas), while limiting fire frequency and emergency access.
2. The MHCP narrow endemic policy must be applied to any population of this species,
including those already known and any found in the future.
3. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
The MHCP Subregional Plan and the City’s Subarea Plan will directly impact Del Mar
manzanita. However, the majority of the species points are within the FPA and will be
conserved at either 95 or 100 percent. Any points that are outside of the FPA, will be conserved
at a level of 80 percent or greater due to the narrow endemic policy. Additional conservation
may occur through the application of the critical location policy. Overall, 96 percent of the major
populations and critical locations of Del Mar manzanita will be conserved. Of the four major
populations and critical locations, the Oak Crest population in Encinitas will be entirely
conserved, the Agua Hedionda population will be 92 percent conserved, the Green Valley-
Olivenhain population will be 98 percent conserved, and the Lux Canyon population in Encinitas
will be 95 percent conserved. In addition, 453 acres (72 percent) of suitable habitat (sandstone
substrates in southern maritime chaparral) for Del Mar manzanita will be conserved in the FPA.
According to the Carlsbad Subarea plan, six percent of the known mapped point locations in the
Carlsbad subarea will be impacted by development. Of the 240 acres of the remaining suitable
habitat (southern maritime chaparral occurring on sandstone substrates) for this plant, 37 percent
will be lost to development as a result of this plan. Because this plant is a narrow endemic, the
plants that occur outside the preserved areas will be impacted at no greater than 20 percent.
These loses primarily will occur on the periphery of the northern population. The result will be
that Del Mar manzanita will not be able to expand its range in the City of Carlsbad. However,
the City of Carlsbad will not receive coverage for this species until documentation is provided
that assures the above conditions, including management and monitoring of this species in
perpetuity throughout the City, according to MHCP Volume 3 standards, can be met among the
signatories to the IA (City, Service, and/or Department).
Subregional MHCP and Carlsbad Subarea Plan Findings 159
The City of Carlsbad would only be able to ensure funding for management and monitoring for
only half of one of the two major and critical populations in the City once this plan is approved.
Thus, significant indirect effects would continue to occur to this species if management and
monitoring to MHCP standards was not conducted initially. Because of this, coverage for this
species is not being proposed until the City of Carlsbad can document they have access and the
hds available to manage and monitor this species as described in the MHCP Volume 3 and the
OSMP.
The MHCP Subregional Plan will directly impact Del Mar manzanita in the Cities of Carlsbad
and Encinitas by habitat loss from development. However, overall 96 percent of all known
location points, 96 percent of all major populations, 96 percent of all critical populations, and 72
percent of Del Mar manzanita habitat will be conserved. In addition, the MHCP Subregional
Plan assures that no more than 80 percent of any population will be impacted outside of the FPA
due to the narrow endemics policy. All remaining populations of Del Mar manzanita will be
monitored and managed consistent with the MHCP Management and Monitoring Plan (Volume
3). Coverage for this species to the City does not begin until the City of Carlsbad can provide
documentation to the Service and Department that adequate access and funding is available. The
avoidance, minimization, and/or mitigation measures included in the MHCP Subregional Plan
and City’s Subarea Plan will reduce any impacts that may occur to this species. This species will
also benefit from the habitat that the MHCP Subregional Plan will preserve in perpetuity. This
Preserve will be adaptively managed, per the measures included in the MHCP Subregional Plan
and the City’s Subarea Plan which will finther reduce the indirect effects and benefit the species.
Del Mar manzanita is restricted to San Diego County and northwestern Baja California, Mexico.
In San Diego County, this species is found on coastal bluffs from Oceanside (south of San Luis
Rey River, not mapped) south to La Jolla, and inland to San Marcos, Lake Hodges, Los
Pefiasquitos Canyon, and possibly Miramar Reservoir. Large populations of this species occur in
the City of Carlsbad at Agua Hedionda, north of College Boulevard, east of the junction of El
Camino Real and Palomar Airport Road, east and west of El Camino Real between Palomar
Airport Road and Alga Road, and Green Valley-Olivenhain. Approximately 75 percent of extant
individuals are concentrated in six populations, four of which are considered major and critical
populations and occur in the MHCP planning area in the Cities of Carlsbad and Encinitas. Of
these four major populations and critical locations, the Oak Crest population in Encinitas will be
entirely conserved, the Agua Hedionda population will be 92 percent conserved, the Green
Valley-Olivenhain population will be 98 percent conserved, and the Lux Canyon population in
Encinitas will be 95 percent conserved. In addition, 453 acres (72 percent) of suitable habitat
(sandstone substrates in southern maritime chaparral) for Del Mar manzanita will be conserved
in the FPA. There are approximately 240 acres of suitable habitat (southern maritime chaparral
occurring on sandstone substrates) remaining for this plant within the HMP planning area; of
this, 37 percent will be lost to development as a result of this plan; however, because this plant is
a narrow endemic, the plants that occur outside the preserved areas will be impacted at no greater
than 20 percent. Therefore, the avoidance, minimization and/or mitigation for this species will
adequately offset the impacts because overall 96 percent of all known location points, 96 percent
Subregional MHCP and Carlsbad Subarea Plan Findings 160
of all major populations, 96 percent of all critical populations, and 72 percent of Del Mar
manzanita habitat will be conserved; no more than 80 percent of any population will be impacted
outside of the FPA due to the narrow endemics policy; the preserve will be managed and
monitored to minimize indirect effects; and coverage for this species to the City does not begin
until the City of Carlsbad can provide documentation to the Service and Department that
adequate access and funding is available.
Baccharis vanessae (Encinitas baccharis)
Encinitas baccharis occurs in southern maritime chaparral and dense southern mixed chaparral.
This species is commonly associated with Adenostoma fasciculatum, ArctostaphyZos glandulosa
ssp. crassfolia, Xylococcus bicolor and Yucca schidigera.
Within the MHCP planning area, this species is known from Carlsbad, Encinitas, and Escondido.
There are two major populations of Encinitas baccharis in the MHCP. One major population is
in Carlsbad and Encinitas on the slopes of Green Valley. This population is considered a critical
location. In addition, a smaller population in Encinitas at Lux Canyon is also considered a
critical location. In Escondido, a major population is found in the vicinity of Mount Isreal.
There are 9,292 acres of potential Encinitas baccharis habitat (southern maritime chaparral and
southern mixed chaparral) in the MHCP planning area.
In addition to the two major populations, there are scattered occurrences in Encinitas and
Carlsbad. These occur in Encinitas, Carlsbad, and Escondido and are made up of 21 point
locations. The majority of these point locations are part of a major population that traverses the
border of Carlsbad and Encinitas along the western slope of Green Valley. This band spans
roughly 4 km from north to south. This species is not widespread despite the fact that it is wind
dispersed. The range of Encinitas baccharis and Del Mar manzanita overlap in Green Valley,
however, Encinitas baccharis’ range does not overlap with the range of Del Mar manzanita in
central Carlsbad. This indicates that there may be soil or microclimate differences that limit its
range. Other than the Green Valley population, there is one point location in Carlsbad to the
northwest of the intersection of Aviary Parkway and Black Rail Road.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. Fire management plans must be implemented for all conserved populations to promote
biological goals (e.g., regeneration) while protecting individual plants and habitat from
frequent or high-intensity fires and fire suppression activities. Develop fire management
guidelines within conserved areas that incorporate controlled bums (or other fuel reduction
methods in urban areas), while limiting fire frequency and emergency access.
2. The MHCP narrow endemic policy must be applied to any population of this species,
including those already known and any found in the future.
3. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
Subregional MHCP and Carlsbad Subarea plan Findings 161
At least 98 percent of all known locations of this species will be conserved due to the MHCP
Subregional Plan because nearly all location points are within the FPA and any points outside of
the FPA will be conserved at least 80 percent due to the narrow endemic policy. In addition, due
to the critical location policy, a greater percentage will probably be preserved. Overall, 99
percent of the major populations and critical locations will be conserved. This includes 99
percent of the major population and critical location of Encinitas baccharis above Green Valley,
98 percent of the critical location at Lux Canyon, and 100 percent of the population at Mount
Isreal. Overall, 6,554 acres (71 percent) of potential Encinitas baccharis habitat in the MHCP
planning area will be conserved.
In the City of Carlsbad, all of the Encinitas baccharis are within the hardline preserve and will
not be directly impacted by this plan. Existing populations will likely be sustained by
management efforts, however, the preserve design does not allow room for this species to expand
its range. Because this plant is a narrow endemic, new populations of this plant found within the
preserve hardline and softline areas will be completely preserved, and populations found outside
this area will be conserved at a minimum of 80 percent. However, the City of Carlsbad will not
receive coverage for this species until documentation is provided that assures the above
conditions, including management and monitoring of this species in perpetuity throughout the
City, according to MHCP Volume 3 standards, can be met among the signatories to the IA (City,
Service, and/or Department).
Active management and monitoring will help to avoid this situation and minimize the other
indirect effects identified. However, the City would not be able to initially fund or gain access
for management and monitoring for any of the major and critical populations of this species in
the City until a regional funding source, or some other additional funds, are available. Because
of this, coverage for this species is not being proposed until the City of Carlsbad can document
they have access and the funds available to manage and monitor this species as described in the
MHCP Volume 3 and the OSMP.
The MHCP Subregional Plan will directly impact Encinitas baccharis in the Cities of Carlsbad
and Encinitas by habitat loss from development. However, overall 99 percent of all known
location points, major populations, and critical locations will be conserved and 7 1 percent of
Encinitas baccharis habitat will be conserved. In addition, the MHCP Subregional Plan assures
that no more than 80 percent of any population will be impacted outside of the FPA due to the
narrow endemics policy. All remaining populations of Encinitas baccharis will be monitored and
managed consistent with the MHCP Management and Monitoring Plan (Volume 3). Coverage
for this species to the City does not begin until the City of Carlsbad can provide documentation
to the Service and Department that adequate access and funding is available. The avoidance,
minimization, and/or mitigation measures included in the MHCP Subregional Plan and City’s
Subarea Plan will reduce any impacts that may occur to this species. This species will also
benefit from the habitat that the MHCP Subregional Plan will preserve in perpetuity. This
Subregional MHCP and Carlsbad Subarea Plan Findings
Preserve will be adaptively managed, per the measures included in the MHCP Subregional Plan
and the City’s Subarea Plan which will further reduce the indirect effects and benefit the species.
162
Encinitas baccharis is a San Diego County endemic plant that is now limited to approximately 14
highly restricted populations throughout its range, including Encinitas, Cannel Mountain, Mt.
Israel-Del Dios, 4s Ranch, Mt. Woodson-Iron Mountain, Poway (Van Dam Peak), and Mira
Mesa. Most of these populations are small, consisting of six or fewer plants and no population is
known to contain more than 300 plants. There are two major populations of Encinitas baccharis
in the MHCP, both considered critical locations. One major population is in Carlsbad and
Encinitas on the slopes of Green Valley. This population is considered a critical location. In
addition, a smaller population in Encinitas at Lux Canyon is also considered a critical location.
In Escondido, a major population is found in the vicinity of Mount Israel. There are 9,292 acres
of potential Encinitas baccharis habitat (southern maritime chaparral and southern mixed
chaparral) in the MHCP planning area. All of the Encinitas baccharis within the HMP are within
the hardline preserve and will not be directly impacted by this plan and at least 98 percent of all
known locations of this species will be conserved due to the MHCP Subregional Plan because
nearly all location points are within the FPA and any points outside of the FPA will be conserved
at least 80 percent due to the narrow endemic policy. Therefore, avoidance, minimization and/or
mitigation for this species will adequately offset the impacts because overall 99 percent of all
known location points, major populations, and critical locations will be conserved and 7 1 percent
of Encinitas baccharis habitat will be conserved; no more than 80 percent of any population will
be impacted outside of the FPA due to the narrow endemics policy; and the preserve will be
managed and monitored to minimize indirect effects.
Brodiaea filifolia (Th read-leaved b rodiaea)
Thread-leaved brodiaea typically occurs on gentle hillsides, valleys, and floodplains in
semi-alkaline mudflats, vernal pools, mesic southern needlegrass grassland, mixed
native-nonnative grassland and alkali grassland plant communities in association with clay,
loamy sand, or alkaline silty-clay soils. In Orange County and San Diego County, the
distribution of thread-leaved brodiaea is highly correlated with specific clay soil series.
Localities occupied by this species are frequently intermixed with, or near, vernal pool
complexes, such as at the Santa Rosa Plateau and in the Upper Salt Creek drainage southwest of
Hemet in Riverside County.
Thread-leaved brodiaea is known from Los Angeles, Orange, Riverside, San Bemardino, and San
Diego counties. At the time of the listing in 1998,48 populations of thread-leaved brodiaea had
been reported, with 9 populations having been extirpated, mostly from San Diego County, and 39
populations were presumed extant. About half of the extant populations occurred in northern
San Diego County or the Santa Rosa Plateau in southwestern Riverside County. Over its entire
range, the species occupied about 825 acres of suitable habitat at the time of the listing, with
fewer than 2,000 individuals being observed at most populations. Most of these populations
each occupied less than 13 acres. Nearly 25 percent of the extant populations occur within the
Subregional MHCP and Carlsbad Subarea Plan Findings 163
MHCP in the cities of San Marcos, Oceanside, and Carlsbad. The Service has estimated that
over the last 15 years nearly 150 acres of occupied habitat containing 80,000 plants have been
eliminated in San Marcos and Vista.
Six major population areas for the thread-leaved brodiaea occur in the MHCP. All of these
major population areas contain critical locations for the thread-leaved brodiaea. A major
populatiodcritical location area occurs in the City of Oceanside and another occurs in the City of
San Marcos. However, a large number of individuals in the City of San Marcos are within a
major amendment area. Four of the major populatiodcritical location areas occur in the City of
Carlsbad. In addition to the six major populatiodcritical locations, there are nine other locations
where this plant is found in the MHCP planning area (three in Oceanside and six in Carlsbad).
One of the populations in Oceanside was recently discovered to be impacted. Apparently, a
significant number of individuals on the west side of El Camino Real north of Mesa Drive were
dug up and removed from the site in April 2004. The perpetrator and cause of this action remain
Unknown.
The largest population of this species, in terms of known number of plants expressed in a given
year, is in the City of San Marcos where an estimated 342,000 plants occur on an isolated, 40-
acre parcel. Most populations support fewer than 2,000 individuals.
The Service has formally consulted with the Corps on impacts to thread-leaved brodiaea
associated with development projects in the Cities of San Marcos and Oceanside. The Rancho
Santalina development project in San Marcos will directly impact approximately 14 acres of
habitat occupied by 46 1 of the 1,961 individuals of brodiaea filifolia on-site. The Taylor
property and the adjacent Darwin Glen property in Oceanside have both been approved for
housing developments. The Darwin Glen had no direct impacts to brodiaea filifolia and the
Taylor property will directly impact approximately 7 1 individual thread-leaved brodiaea are
expected to be directly impacted by the proposed project out of approximately 1,268 on the
Taylor property and approximately 3000 on the Darwin Glen property. The impacted plants will
be translocated elsewhere on the Taylor Estates property, outside the project footprint. The
project impacts have not yet occurred, so there is no information on the success of the
translocation effort.
The Service has also formally consulted with the Federal Highway Administration on the
proposed interchange for State Route 78 (SR78) and Las Posas Road in San Marcos. This
population of brodiaea filifolia lies within the State right-of-way along SR78 and consists of two
sub-populations fragmented by SR78 and interspersed with Orcutt’s brodiaea. There are
approximately 378 thread-leaved brodiaea individuals, of which approximately 323 will be
directly impacted by the project. The impacted plants will be transplanted to a site acceptable to
the City and the Service. Transplantation efforts will be deemed acceptable when at least 80
percent (245 individuals) of the transplanted thread-leaved brodiaea individuals flower in 2 out
of the last 3 of the 7 years in correlation with the reference populations. It is too soon to tell the
Subregional MHCP and Carlsbad Subarea Plan Findings 164
success of this translocation effort. However, it was expected that the translocation process may
result in an overall loss of up to 20 percent due to the difficulty in salvaging and transplanting
this species
The four major populatiodcritical location areas in Carlsbad identified in Volume 2 of the
MHCP occur on Calavera Heights, Carlsbad Highlands, Rancho Carillo and a one-acre preserve
in the northwest comer of El Camino Real and College Boulevard. The other populations occur
on Carlsbad Oaks North, Villages of La Costa (the Greens), on HOA lands in southern portions
of Carlsbad that have already been permitted for development, and the proposed Fox-Miller
hardline project. There are two populations reported in the CNDDB that were not included in the
MHCP document. One of these populations was located to the southeast of the intersection of La
Costa Avenue and Rancho Santa Fe Road; this population has been extirpated by development.
The other population is located south of Olivenhain Road along the lower hillsides to the north
and south of Encinitas Creek. It is possible that this population is still in existence, but no
current information is available. The population on the Fox-Miller property has been
documented as having 19,100 individuals in 2003. This information was not available before the
completion of MHCP Volume 2, thus, it was not identified as a major population or critical
location in that document. However, the information available to-date clearly identifies that this
population is a major population since it is possibly the second largest population in MHCP. It
should also be considered a critical location since it is the largest population in the City of
Carlsbad and is in very close proximity to the one-acre brodiaea preserve. However, the City has
already completed CEQA and final maps for the site using the hardline development boundaries
shown in the HMP. This is problematic since the 2003 data indicates the hardline would directly
impact 30 percent of the population and significantly indirectly impact an additional 20 percent
of the population. The MHCP narrow endemic standard for critical populations requires the
populations to be totally avoided and any newly discovered major and critical populations to be
maximally avoided, with no more than 5 percent gross cumulative loss in the City.
Brodiaea filifolia is a narrow endemic and as such will receive the protection of the narrow
endemic standard which does not allow for more than a 5 percent gross cumulative loss within
the FPA and a 20 percent gross cumulative loss outside of the FPA. In addition, the MHCP
requires the following conditions be met for a City to receive coverage for this species:
1. The major populations and critical locations of thread-leaved brodiaea in Oceanside,
Carlsbad, and San Marcos must be conserved at a level consistent with the critical location
policy and managed as part of the preserve system, regardless of the timing or method used to
permit take for individual projects or locations.
2. The MHCP narrow endemic policy must be applied to any populations of this species,
including those already known and any found in the future.
3. Watershed management plans must be implemented to avoid or minimize adverse changes to
vernal pool watersheds.
4. Fire management plans must be implemented for all conserved populations to protect them
from frequent or high-intensity fires and fire suppression activities.
Subregional MHCP and Carlsbad Subarea Plan Findings 165
5. Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials
(e.g., corms) to existing populations, while restoration may include site-specific habitat
improvement activities. Unless analyses determine that there is no significant genetic
variation between populations, introduced plant materials must be from the parental
population or a population in proximity.
6. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan Volume 3 shall be implemented.
Due to the above standards and that 75 percent of the identified point locations are within the
FPA, the expected loss of brodiaea filifolia is relatively low. In addition, even though only 27
percent of the species potential habitat (clay soils in grasslands and vernal pools) is conserved
throughout MHCP, surveys must be conducted for this plant in potential habitat at the
appropriate time of year and any new populations will be subject to the narrow endemic policy.
The only populations in areas that have not yet been permitted is on the Fox-Miller property.
The hardline exhibit in the Carlsbad subarea plan for this property would result in the direct loss
of 30 percent and significant indirect loss of an additional 20 percent of the 19,100 individuals
identified in 2003. However, the proposed permit special terms and conditions require that the
City ensure that the proposed hardline provided in Addendum 2 to the HMP (June 2003) in
Figure 2 1 for the Fox-Miller property is not permitted by the City of Carlsbad under the HMP,
because it does not meet MHCP standards. A redesign is necessary to ensure that the narrow
endemic standards for this critical location and major population of thread-leaved brodiaea
(Brodiaeafilifolia) are met. A redesign is required for the Permittee to receive coverage for this
species. The Service and California Department of Fish and Game will consider different
proposals for hardline designs that meet the conditions of coverage for brodiaea filifolia and, if
concurrence is provided by these agencies and the preserve area is managed and monitored to
MHCP standards in perpetuity, the Permittee would receive coverage for brodiaea filifolia and
this redesigned Fox-Miller project could be permitted under the HMP through the amendment
process described in section 20 of the IA. More specifically, this population would have to meet
the major population and critical location policies as well. Thus, no more than 5 percent gross
cumulative loss will occur of the known brodiaea filifolia individuals on this property. Again,
even though only 40 percent of the species potential habitat (clay soils in grasslands and vernal
pools) is conserved in the City, surveys must be conducted for this plant in potential habitat at the
appropriate time of year and any new populations will be subject to the narrow endemic policy.
The management for thread-leaved brodiaea will incorporate the following measures:
1) Appropriate National Pollutant Discharge Elimination System (NPDES) erosion control
measures will be taken to reduce the potential for excessive soil erosion and irrigation runoff;
2) Fencing will be placed between the proposed development and the on-site preserve to
minimize access by people and domestic animals; and 3) Fuel management activities will be
conducted outside the blooming period for the thread-leaved brodiaea and the removal of fuels
will be conducted in such a way as to minimize the ground disturbance. Although not all of the
Subregional MHCP and Carlsbad Subarea Plan Findings 166
locations with brodiaea filifolia in the City will be managed initially by the City, the only
substantial location with brodiaea on-site that will not be managed initially is on the Rancho
Carillo property with a major populatiodcritical location of 758 individuals. Two other locations
known to have brodiaea filifolia on-site in the past occur on HOA lands that will also not be
managed initially. However, neither of these locations are considered major or critical for the
species within MHCP and the other three major populations/critical locations will be managed
and monitored per the MHCP standards. The populations on the Fox-Miller property would need
to be managed per MHCP standards before the City would receive coverage for this species.
The MHCP Subregional Plan and the City's subarea plan will directly and indirectly impact
thread-leaved brodiaea. However, no more than a 5 percent gross cumulative loss is permitted by
the MHCP standards for the populations on the Fox-Miller property and any new populations
would have to meet the narrow endemic policy. In addition, the MHCP will provide monitoring
and management of this species that will detect and minimize negative impacts that are affecting
thread-leaved brodiaea. The City will provide management and monitoring initially for all but
one major population and critical location of this species and would need to ensure the
populations on the Fox-Miller property are managed to MHCP standards before coverage would
begin for the City. In addition, once funding is available, such as through a regional fimding
source, the city will manage and monitor all locations. Additionally, this species should benefit,
at least from a pollinator standpoint, from the connected preserve system that will be managed
and monitored in the City and throughout the MHCP in perpetuity. This Preserve will be
adaptively managed, per the measures included in the MHCP Subregional Plan, which will
fiuther reduce the indirect effects and benefit the species.
Thread-leaved brodiaea is endemic to southwestern cismontane California, ranging from the
foothills of the San Gabriel Mountains at Glendora (Los Angeles County), east to Arrowhead Hot
Springs in the western foothills of the San Bernardino Mountains (San Bernardino County), and
south through eastern Orange and western Riverside Counties to Carlsbad and just south of Lake
Hodges in northwestern San Diego County, California. It occupies an estimated 825 acres of
suitable habitat, forty percent of which is reported from a single area (i.e., around Miller Peak in
the Santa Ana Mountains of Riverside County). Forty-eight populations of thread-leaved
brodiaea have been reported. At least nine of these populations have been extirpated, primarily
in San Diego County. Thirty-nine populations are presumed extant. Fifteen of these remaining
populations are clustered in the cities of Vista, San Marcos, and Carlsbad in San Diego County (9
populations) and on the Santa Rosa Plateau in Riverside County (6 populations). The expected
loss of brodiaea filifolia is relatively low because of the standards that must be met in order for
MHCP to receive coverage for this species, and because 75 percent of the identified point
locations are within the FPA. In addition, even though only 27 percent of the species potential
habitat (clay soils in grasslands and vernal pools) is conserved throughout MHCP, surveys must
be conducted for this plant in potential habitat at the appropriate time of year and any new
populations will be subject to the narrow endemic policy. The hardline exhibit in the Carlsbad
subarea plan for this property would result in the direct loss of 30 percent and significant indirect
loss of an additional 20 percent of the 19,100 individuals identified in 2003. However, in order
Subregional MHCP and Carlsbad Subarea Plan Findings 167
to receive coverage for this species the City of Carlsbad would need to meet the conditions for
coverage described above, which requires the narrow endemic policy be followed. In addition,
this population would have to meet the major population and critical location policies as well.
Thus, no more than 5 percent gross cumulative loss will occur of the known Brodiaeafilifolia
individuals on this property. Again, even though only 40 percent of the species potential habitat
(clay soils in grasslands and vernal pools) is conserved in the City of Carlsbad, surveys must be
conducted for this plant in potential habitat at the appropriate time of year and any new
populations will be subject to the narrow endemic policy. Therefore, the avoidance,
minimization and/or mitigation for this species is adequate to offset the impacts because
development that would adversely affect this species could not be permitted under Carlsbad’s
HMP until such coverage is received by the City; no more than a 5 percent gross cumulative loss
is permitted by the MHCP standards for the populations on the Fox-Miller property; any new
populations would have to meet the narrow endemic policy; and the preserve will be managed
and monitored to minimize indirect effects.
Comarostaphylis diversifolia ssp. diversifolia (Summer holly)
Summer holly is associated with southern mixed chaparral usually on north-facing slopes. This
species can be found with well established Toyon and sparse Chamise. This species occurs in
ecosystems highly adapted to fire.
Within the MHCP planning area, summer holly is found in the cities of Carlsbad, Encinitas, San
Marcos and Escondido. There are six major populations of summer holly in the MHCP, none of
which are considered critical locations for this species. Two major populations are in Encinitas
in the vicinity of Green Valley and in Lux Canyon. One major population is in San Marcos at
Mt. Whitney-Double Peak and two major populations are in Escondido in the Merriam
Mountains and Del Dios. There is a total of 8,324 acres of summer holly habitat, chaparral, in
the MHCP planning area.
In 1999,968 acres of chaparral existed in Carlsbad. Currently not all of the chaparral is occupied
by summer holly. There are two major populations of summer holly in Carlsbad. In addition to
these two major populations, there are four other point locations for summer holly in the
Carlsbad subarea. The largest of the two major populations is located in central Carlsbad. This
population stretches from the Carlsbad Oaks North property in the north to Aviara Parkway in
the south. This population is made up of several point locations. About one third of the point
locations that make up this population are on county land and are not considered in the analysis
of this plan. The other major population in Carlsbad is in the Green Valley area and continues
into Encinitas. There are four other locations in Carlsbad where summer holly has been found.
The species occurs east of the Veteran’s Park property, north of Batiquitos Lagoon, on the Bressi
Ranch property, and on the Carlsbad Raceway property. Bressi Ranch, Carlsbad Raceway, and
Villages of La Costa have been previously permitted. On these permitted properties
approximately half of the point locations have been preserved.
Subregional MHCP and Carlsbad Subarea Plan Findings 168
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1.
2.
Fire management plans must be implemented for all conserved populations to promote
biological goals (e.g., regeneration) while protecting individual plants and habitat from
frequent fires and fire suppression activities. Develop fire management guidelines within
conserved areas that incorporate controlled bums (or other fuel reduction methods in urban
areas), while limiting fire frequency and emergency access.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
Direct impacts to summer holly will occur as a result of the MHCP Subregional Plan and the
City’s Subarea Plan. Only 60 percent of the summer holly points fall within the FPA, there are
no critical populations of this species in the MHCP planning area, and this species is not
considered a narrow endemic. Thus, all points outside of the FPA should be considered lost.
Direct impacts will occur in all the cities that have summer holly. Of the six major populations,
the Green Valley population in Encinitas and the Del Dios population in Escondido will be
entirely conserved within the FPA. Conservation of the remaining populations includes 88
percent of the Lux Canyon population (Encinitas), 64 percent of the Mt. Whitney-Double Peak
population in San Marcos, and none of the Merriam Mountains population in Escondido. In
addition, an estimated 5,806 acres (70 percent) of potentially suitable habitat will be conserved
throughout the MHCP planning area.
In the City of Carlsbad, approximately half of the point locations in the major population in
central Carlsbad will be lost to development, some of which is due to already permitted projects.
This is a substantial loss for this population. However, all of the point locations in the Green
Valley major population will be preserved within the Carlsbad Subarea Plan. The population
east of the Veteran’s Park property and the population north of Batiquitos Lagoon are in hardline
preserve areas and will be conserved 100 percent. However, the City of Carlsbad will not receive
coverage for this species until documentation is provided that assures the above conditions,
including management and monitoring of this species in perpetuity throughout the City,
according to MHCP Volume 3 standards, can be met among the signatories to the LA (City,
Service, and/or Department).
Required management and monitoring will minimize the effects associated with development in
close proximity to populations of this plant. These measures will include a fire management plan
that considers the role fire should play in maintaining this species. The fiagmented nature of the
preserve design will restrict the transfer of genetic information, via pollinators and seed dispersal,
between the populations of summer holly. The MHCP management and monitoring program
will help alleviate these indirect effects. However, the City would not be able to initially fund or
gain access for management and monitoring for half of the one major population of this species
in the City until a regional funding source, or some other additional funds, are available.
Because of this, coverage for this species is not being proposed until the City of Carlsbad can
Subregional MHCP and Carlsbad Subarea Plan Findings 169
document they have access and the funds available to manage and monitor this species as
described in the MHCP Volume 3 and the OSMP.
Summer holly occurs in Orange, Riverside, and San Diego counties, and in Baja California,
Mexico. In San Diego County; the species is found along the coast from Carlsbad to the U.S.-
Mexican border, and in inland locations from the San Marcos Mountains south to Otay
Mountain. Six major populations of this species are found within MHCP in Carlsbad (Agua
Hedionda), Encinitas (vicinity of Green Valley, Lux Canyon), San Marcos (Mt. Whitney-Double
Peak), and Escondido (Del Dios). There is a total of 8,324 acres of summer holly habitat,
chaparral, in the MHCP planning area. The MHCP Subregional Plan will directly impact
portions of summer holly major populations in all of the cities where it occurs (Carlsbad,
Encinitas, San Marcos and Escondido) by habitat loss from development. However, there are no
critical locations of this species in MHCP and only one major population will be completely lost.
The MHCP Subregional Plan preserves 65 percent of the major populations overall and 70
percent of summer holly habitat. In addition, all remaining populations of summer holly will be
monitored and managed consistent with the MHCP Management and Monitoring Plan (Volume
3). In the City of Carlsbad, approximately half of the point locations in the major population in
central Carlsbad will be lost to development, some of which is due to already permitted projects.
This is a substantial loss for this population. However, all of the point locations in the Green
Valley major population will be preserved within the Carlsbad Subarea Plan, The population
east of the Veteran’s Park property and the population north of Batiquitos Lagoon are in hardline
preserve areas and will be conserved 100 percent. Coverage for this species to the City of
Carlsbad does not begin until the City can provide documentation to the Service and Department
that adequate access and funding is available. The avoidance, minimization, and/or mitigation
measures included in the MHCP Subregional Plan and City’s Subarea Plan will reduce any
impacts that may occur to this species. This species will also benefit from the habitat that the
MHCP Subregional Plan will preserve in perpetuity. This Preserve will be adaptively managed,
per the measures included in the MHCP Subregional Plan and the City’s Subarea Plan which will
further reduce the indirect effects and benefit the species. Therefore, the avoidance,
minimization and/or mitigation for this species is adequate to offset the impacts because MHCP
preserves 65 percent of the major populations overall and 70 percent of summer holly habitat;
there are no critical locations of Summer Holly in MHCP; and all remaining populations will be
managed and monitored to minimize indirect effects.
Corethrogynefilaginifolia var. Iinifolia (Del Mar mesa sand aster)
Del Mar mesa sand aster is found in sandstone substrates where it is generally associated with
coastal sage scrub or chaparral (including southern maritime chaparral). This species prefers
openings or sandy terraces over dense brush.
A large portion of the Del Mar mesa sand aster’s range occurs in the MHCP. There are four
major populations in the MHCP as well as other scattered populations. Within the MHCP, Del
Mar mesa sand aster is found in Carlsbad, Encinitas, Oceanside, Solana Beach, and Vista. The
Subregional MHCP and Carlsbad Subarea Plan Findings 170
major populations in Encinitas are found at Batiquitos Lagoon, the vicinity of Green Valley, Lux
Canyon and vicinity, and San Elijo Lagoon. In Solana Beach Del Mar mesa sand aster is found
at San Elijo Lagoon. None of the populations in the MHCP are considered critical at this time.
Del Mar mesa sand aster is generally found on sandstone substrates in coastal sage scrub or
chaparral. An estimated 1,097 acres of this type of habitat occurs in the Carlsbad subarea. Only
a small percentage of this habitat is occupied by Del Mar mesa sand aster. There are likely more
specific requirements needed for this species to persist in an area. Further study is needed to
estimate how much habitat is actually available for this species and what percentage will be
impacted. There are 11 location points in the City of Carlsbad and two major populations. One
of the major populations is also partially in Encinitas on the western slope of Green Valley. In
addition to this population, there are three other populations in Carlsbad. One is in the
southeastern section of Carlsbad near Encinitas Creek, another is in central Carlsbad on either
side of El Camino Real, and the third is north of the Kelly Ranch property. The population north
of Kelly Ranch is the most northern population in the Carlsbad subarea; it is located in a
proposed standards area. However, part of this area appears to have been graded in the past. The
population in central Carlsbad on either side of El Camino Real is partially preserved. On the
east side of El Camino Real it is in the hardline preserve area of Villages of La Costa (The
Greens) which is already permitted, and on the west side of El Camino Real it is in a proposed
standards area. The population in Green Valley is in an existing hardline preserve. The
population in southeastern Carlsbad is located to the southwest of the intersection of Olivenhain
Road and Rancho Santa Fe Road near Encinitas Creek. This population is mapped outside of the
hardline preserve area.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1.
2.
3.
4.
Fire management plans must be implemented for all conserved populations to promote
biological goals (e.g., regeneration) while protecting individual plants and habitat from
frequent fires and fire suppression activities. Fire management plans should include
emergency access plans for conserved areas to protect populations from fires and
disturbances associated with fire suppression.
The MHCP Narrow Endemic Policy must be applied to any populations of this species,
including those already known and any found in the future.
Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat improvement
activities. Unless analyses determine that there is no significant genetic variation between
populations, introduced plant materials must be from the parental population or a population
in proximity.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
Subregional MHCP and Carlsbad Subarea Plan Findings 171
The expected loss of Del Mar mesa sand aster throughout the MHCP Subregional Plan is low
because a majority of the known location points are within the FPA and will be conserved at
levels of 95 percent or 100 percent. Points that fall outside of the FPA will be conserved at a
minimum of 80 percent due to the narrow endemic policy. Additional conservation is expected
due to the critical location policy. Of the four major populations of this species that were
identified in the MHCP planning area, the Lux Canyon and San Elijo Lagoon populations in
Encinitas will be entirely conserved (100 percent) in the FPA. An estimated 96 percent of the
Green Valley population will be conserved in Carlsbad and Encinitas and 80 percent of the
Batiquitos population will be conserved at 80 percent due to the narrow endemics policy. In
addition to conserved point localities, 1,953 acres (70 percent) of potentially suitable habitat
(sandstone substrates in coastal sage scrub or chaparral, including southern maritime chaparral)
will be conserved.
The Carlsbad Subarea Plan will impact one of the four populations of Del Mar mesa sand aster:
the population in the southeastern section of Carlsbad near Encinitas Creek. This plant is
considered a narrow endemic, therefore this population will be impacted at no greater than 20
percent. Any new populations found will be completely conserved (1 00 percent) if they occur
within the preserve, and conserved at a minimum of 80 percent if they are not in the preserve
area. However, the City of Carlsbad will not receive coverage for this species until
documentation is provided that assures the above conditions, including management and
monitoring of this species in perpetuity throughout the City, according to MHCP Volume 3
standards, can be met among the signatories to the IA (City, Service, andor Department).
Indirect effects would be avoided and minimized by the management and monitoring of the
species in the preserve areas according to MHCP standards. However, the City would not be
able to initially fund or gain access for management and monitoring for any of the major and
critical populations of this species and half of the other populations in the City until a regional
funding source, or some other additional funds, are available. Because of this, coverage for this
species is not being proposed until the City of Carlsbad can document they have access and the
funds available to manage and monitor this species as described in the MHCP Volume 3 and the
OSMP.
Del Mar mesa sand aster is a San Diego County endemic plant that occurs along bluffs or brushy
slopes near the coast from Carlsbad southward to Point Loma. A large portion of the Del Mar
mesa sand aster’s range occurs in the MHCP and it is still locally common in the Del
Marhcinitas region. Major populations are found in Carlsbad (Batiquitos, vicinity of Green
Valley), Encinitas (Batiquitos, vicinity of Green Valley, Lux Canyon and vicinity, San Elijo), and
Solana Beach (San Elijo). The MHCP Subregional Plan will directly impact Del Mar mesa sand
aster in the Cities of Carlsbad and Encinitas by habitat loss from development. However, the
expected loss of Del Mar mesa sand aster throughout the MHCP Subregional Plan is low because
a majority of the known location points are within the FPA and will be conserved at levels of 95
percent or 100 percent. Points that fall outside of the FPA will be conserved at a minimum of 80
percent due to the narrow endemic policy. Additional conservation is expected due to the critical
Subregional MHCP and Carlsbad Subarea Plan Findings 172
location policy. Overall, 93 percent of all known location points will be conserved and 70
percent of Del Mar mesa sand aster habitat will be conserved. In addition, the MHCP
Subregional Plan assures that no more than 80 percent of any population will be impacted outside
of the FPA due to the narrow endemics policy. All remaining populations of Del Mar mesa sand
aster will be monitored and managed consistent with the MHCP Management and Monitoring
Plan (Volume 3). Coverage for this species to the City of Carlsbad does not begin until the City
can provide documentation to the Service and Department that adequate access and funding is
available. The avoidance, minimization, and/or mitigation measures included in the MHCP
Subregional Plan and City’s Subarea Plan will reduce any impacts that may occur to this species.
This species will also benefit from the habitat that the MHCP Subregional Plan will preserve in
perpetuity. This Preserve will be adaptively managed, per the measures included in the MHCP
Subregional Plan and the City’s Subarea Plan which will further reduce the indirect effects and
benefit the species. Thus, the avoidance, minimization andor mitigation for this species is
adequate to offset the impacts because overall 93 percent of all known location points will be
conserved and 70 percent of Del Mar mesa sand aster habitat will be conserved in MHCP; no
more than 80 percent of any population will be impacted outside of the FPA due to the narrow
endemic policy; and the preserve will be managed and monitored to minimize indirect effects.
Elyngium aristuZatum var. parishii (San Diego button-celery)
San Diego button-celery is associated with white clay bottom vernal pools devoid of hardpans.
However, this species is somewhat more tolerant of peripheral vernal pool habitat than most
obligate vernal pool species such as Pogogyne abramsii (San Diego Mesa mint) with which it
sometimes grows.
San Diego button-celery is rare within the MHCP, however it occurs more fiequently than many
of the other vernal pool species included in this plan. There are two populations located in the
MHCP, both of which are considered major populations. One of these populations is located in
San Marcos and the other is in the City of Carlsbad at the Poinsettia Lane Commuter Station.
However, all of the populations in San Marcos are in the major amendment area. Thus, the
conditions of the MHCP for this species will not apply to these areas and adverse affects to these
areas will not be covered by the MHCP plan. However, the pools in San Marcos on the Bent
Avenue property will be conserved. A U.S. Army Corps of Engineers permit (Corps Permit No.
200001 1 13-TCD) was issued to South Coast Development on December 15,2000, which
required a the long-term preservation of 4.5 acres of vernal pool watershed on the Bent Avenue
property via a recorded conservation easement over the areas to be conserved. In 1993,12
populations of 774 individuals were observed on the Bent Avenue property. It is our
understanding that the conservation easement has not yet been recorded.
The pools at Poinsettia Lane have been degraded by agriculture and construction of the train
station, however, they continue to function as vernal pool habitat. San Diego button-celery
continues to persist in these pools. The Poinsettia Lane pools and their watersheds occur on both
North County Transit District (NCTD) land and private property associated with the Water’s End
housing development project. The Service formally consulted under section 7 of the Act (1-6-
Subregional MHCP and Carlsbad Subarea Plan Findings 173
94-F-9) with the U.S. Army Corps of Engineers on the adverse affects associated with the train
station on this species. In response to this consultation, NCTD agreed to grant a conservation
easement over all the pools on their property to the California Department of Fish and Game and
provide a management plan with an endowment for the management of the pools. These
obligations remain outstanding, however, active progress is being made. The Water’s End
development has agreed to avoid impacts to the vernal pool watersheds and will provide an
easement over the pool watersheds on their property to the City with California Department of
Fish and Game and the US Fish and Wildlife Service as third party beneficiary. In addition, they
are providing $100,000 of funds to the City for an endowment to manage and monitor the
Poinsettia Lane pool watersheds. The California Department of Fish and Game and the City of
Carlsbad will ensure that these pools and their watersheds are managed to MHCP standards.
There are two other vernal pool complexes in Carlsbad that may provide suitable habitat for San
Diego button-celery, but the species is currently unreported from these two areas. It is possible,
although unlikely, that there are small vernal pool complexes in Carlsbad that have thus far been
undetected. which may provide habitat for San Diego button-celery.
The MHCP Subregional plan requires the following conditions be met for a city to receive
coverage for this species:
1. The major population and critical location of San Diego button-celery in San Marcos must be
conserved at a level consistent with the critical location policy and managed as part of the
preserve system. Depending on resolution of conservation for this species in the San Marcos
Major Amendment Area, permits for this species take could be revoked in the future.
2. The MHCP Narrow Endemics Policy must be applied to all populations of this species,
including those already known and all found in the future.
3. All conserved populations must be adequately managed to control edge effects and avoid
adverse changes to vernal pools and their watersheds. Stabilize preserved populations by
removing impacts or potential impacts, and excluding adverse activities within preserve areas
and within the watersheds of vernal pools (e.g., trampling, vehicular or recreational traffic,
illegal dumping, invasive exotic plants, water pollution, alteration of hydrology, and
collecting). Regulate the use of toxic substances (e.g., herbicides, pesticides) and control
nonnative competitive species in the vicinity of vernal pools.
4. Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat improvement
activities. Unless analyses determine that there is no significant genetic variation between
populations, introduced plant materials must be from the parental population or a population
in proximity.
5. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
Applying the above conditions throughout the MHCP planning area will result in a majority of
species points being conserved at a level of 100 percent, since most of the points are in the FPA
and the San Marcos species points need to be conserved consistent with the critical location
Subregional MHCP and Carlsbad Subarea Plan Findings 174
policy for narrow endemics. Any new species points identified would need to follow the narrow
endemic policy, which would require no more than 20 percent gross cumulative loss outside of
the FPA.
The City of Carlsbad will not receive coverage for this species until documentation is provided
that assures the above conditions, including management and monitoring of this species in
perpetuity throughout the City and at the Poinsettia Lane Commuter Rail Station, according to
MHCP Volume 3 standards, can be met among the signatories to the IA (City, Service, and/or
Department). The single known occurrence of this plant in the City will not be directly impacted
by the implementation of the plan. There is a possibility that new populations of San Diego
button-celery will be found as surveys are conducted on sites with suitable habitat. San Diego
button-celery is a narrow endemic and will be conserved accordingly.
The MHCP Subregional Plan and the City’s Subarea Plan requires the long-term monitoring and
management of these vernal pool complexes.
San Diego button-celery occurs in vernal pools from the Santa Rosa Plateau, Riverside County,
California, south to the mesas north of Ensenada, Mesa de Colonet, and San Quintin, Baja
California, Mexico. In San Diego County it is found in pools on Del Mar Mesa, Mira Mesa,
Kearny Mesa, Marine Corps Air Station, Miramar, Marine Corps Base, Camp Pendleton, and at
sites within the cities of Tierrasanta, San Marcos, Carlsbad, and Ramona; it was extirpated from
a site in the city of La Jolla. San Diego button-celery is rare within the MHCP, however it occurs
more frequently than many of the other vernal pool species included in this plan. There are two
populations located in the MHCP, both of which are considered major populations. One of these
populations is located in San Marcos and the other is in the City of Carlsbad at the Poinsettia
Lane Commuter Station. All of the populations in San Marcos are in the major amendment area.
Thus, the conditions of the MHCP for this species will not apply to these areas and adverse
affects to these areas will not be covered by the MHCP plan. The proposed action will not
directly impact any currently known San Diego button-celery plants. Although direct impacts to
any new populations of San Diego button-celery could occur throughout the MHCP Subregional
Plan, the plans require the narrow endemic policy to be applied to this species. In addition, the
plan will detect and minimize any negative impacts that are affecting San Diego button-celery
because known populations and any new populations of San Diego button-celery will be
monitored and managed consistent with the MHCP Management and Monitoring Plan (Volume
3). Moreover, the City of Carlsbad will not receive coverage for this species until documentation
is provided that assures the conditions can be met, including management and monitoring of this
species in perpetuity throughout the City and at the Poinsettia Lane Commuter Rail Station,
according to MHCP Volume 3 standards. In addition, the single known occurrence of this plant
in the City will not be directly impacted by the implementation of the plan. The avoidance,
minimization, and/or mitigation measures included in the MHCP Subregional Plan and City’s
Subarea Plan will reduce any impacts that may occur to this species. Additionally, this species
will benefit from the habitat that the City’s Subarea Plan will preserve in perpetuity. This
preserve will be adaptively managed, per the measures included in the MHCP Subregional Plan
Subregional MHCP and Carlsbad Subarea Plan Findings 175
and City’s Subarea Plan, which will fbrther reduce the indirect effects and benefit the species.
Therefore, the avoidance, minimization and/or mitigation measures for this species are adequate
to offset the impacts because there are no direct impacts to any currently known San Diego
button-celery plants in MHCP; no more than 80 percent of any new populations of San Diego
button-celery would be impacted because of the narrow endemic policy; and the HMP includes
management and monitoring to reduce any indirect impacts that may occur.
Iva hayesiana (San Diego marsh-elder)
San Diego marsh-elder is found in moist or alkaline places in the coastal region, particularly
along intermittent streams. Open riparian canopies and sandy alluvial embankments are common
constituents, as well as steep watercourses in the southern portion of the County.
San Diego marsh-elder occurs in riparian areas of Carlsbad, Encinitas, and San Marcos within
the MHCP. Major populations and critical locations of this species occur in San Marcos Creek
and Encinitas Creek in both Carlsbad and San Marcos. There are 165 acres of San Diego marsh-
elder habitat, alkali marsh, in the MHCP planning area and 157 acres of this are within the FPA.
All of the locations of San Diego marsh-elder in the City occur on previously permitted projects.
These populations are primarily found along San Marcos Creek and Encinitas Creek, two of
which are considered major populations and critical locations. Historically, three populations
occurred on the Villages of La Costa property and one population occurred on the Rancho Verde
property. One of the three populations that occurred on the Villages of La Costa property was
conserved, the other two are presumed extirpated. The population that occurred on the Rancho
Verde property was conserved and is currently extant.
The MHCP Subregional Plan requires the following conditions be met by a city to receive
coverage for this species:
1. The major population and critical location along Encinitas Creek in San Marcos must be
conserved in accordance with wetland and critical location policies and managed as part
of the preserve system.
Declining populations must be enhance, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials
to existing populations, while restoration may include site-specific habitat improvement
activities. Unless analyses determine that there is no significant genetic variation
between populations, introduced plant materials must be from the parental population or a
population in proximity.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
2.
3.
Direct impact to San Diego marsh-elder will occur as a result of the MHCP Subregional Plan,
however, the loss is expected to be minimal because the two location points in the City of
Encinitas will be conserved in its entirety (100 percent), one of the populations in the City of San
Subregional MHCP and Carlsbad Subarea Plan Findings 176
Marcos will be conserved in its entirety (1 00 percent), and the other population in the City of San
Marcos will be conserved in accordance with the critical location policy. In addition, 157 acres
of the 165 acres of alkali marsh habitat in the MHCP planning area are within the FPA and all
165 acres will be conserved due to the wetland protection policy.
No direct impacts to San Diego marsh-elder are expected to occur in the City of Carlsbad.
However, the City of Carlsbad would not receive coverage for this species until the Cities of
Encinitas and San Marcos have valid lO(a)l(B) permits for their Subarea Plans from the Service
with this species covered. In addition, the City of Carlsbad will not receive coverage for this
species until they can document they have access and the funds available to manage and monitor
this species as described in the MHCP Volume 3 and the OSMP.
Management and monitoring of this species to MHCP standards will help to avoid and minimize
indirect effects. However, the City would not be able to initially fund or gain access for
management and monitoring for half of both major and critical populations of this species in the
City until a regional funding source, or some other additional funds, are available. Because of
this, coverage for this species is not being proposed until the City of Carlsbad can document they
have access and the funds available to manage and monitor this species as described in the
MHCP Volume 3 and the OSMP.
San Diego marsh-elder is restricted to southwestern San Diego County and northern Baja
California, Mexico. In San Diego County, this species occurs from San Marcos south to the
U.S.-Mexican border. Populations of this species are found in Carlsbad (San Marcos Creek,
Encinitas Creek) and San Marcos (San Marcos Creek, Encinitas Creek). The population of San
Diego marsh elder is considered stable, but potentially affected by modifications and degradation
of coastal drainages. All of the locations of San Diego marsh-elder in the City occur on
previously permitted projects. Direct impact to San Diego marsh-elder will occur as a result of
the MHCP Subregional Plan, however, the loss is expected to be minimal because the two
location points in the City of Encinitas will be 100 percent conserved, one of the populations in
the City of San Marcos will be 100 percent conserved, and the other population in the City of San
Marcos will be conserved in accordance with the critical location policy. In addition, 157 acres
of the 165 acres of alkali marsh habitat in the MHCP planning area are within the FPA and all
165 acres will be conserved due to the wetland protection policy. While the MHCP Subregional
Plan will directly and indirectly impact San Diego marsh-elder in the City of San Marcos as
described above, 75 percent of all known location points will be conserved and 100 percent of
San Diego marsh-elder habitat will be conserved. In addition, the MHCP Subregional Plan
assures that all remaining populations of San Diego marsh-elder will be monitored and managed
consistent with the MHCP Management and Monitoring Plan (Volume 3). Coverage for this
species to the City of Carlsbad does not begin until the Cities of Encinitas and San Marcos
receive coverage under a valid 1 O(a)l (B) permit and the City of Carlsbad can provide
documentation to the Service and Department that adequate access and funding is available. The
avoidance, minimization, and/or mitigation measures included in the MHCP Subregional Plan
and City’s Subarea Plan will reduce any impacts that may occur to this species. This species will
Subregional MHCP and Carlsbad Subarea Plan Findings 177
also benefit from the habitat that the MHCP Subregional Plan will preserve in perpetuity. This
Preserve will be adaptively managed, per the measures included in the MHCP Subregional Plan
and the City’s Subarea Plan which will further reduce the indirect effects and benefit the species.
In this way, the avoidance, minimization andor mitigation measures for this species are
commensurate with the impacts because the MHCP will conserve 75 percent of all known
location points and 100 percent of San Diego marsh-elder habitat will be conserved; there are no
known impacts to this species in the City; and the HMP includes management and monitoring to
reduce any indirect impacts that may occur.
Myosums minimus ssp. apus (Little mousetail)
Little mousetail occurs in alkaline soil on alkaline substrate under vernally-flooded conditions in
vernal-pool habitats. This cryptic species typically grows in the deeper portions of vernal pool
basins sprouting immediately after the surface water has evaporated. The stature of plants and
population densities of Myosurus minimus change dramatically from wet to dry years. Soils are
mapped as Huerhuero loam for both little mousetail sites near Dillon Road in the southwestern
portion of the county, and for Stewart Mesa in the northwestern portion of the county. Bosanko
clays are reported for a site in the Gavilan Hills of Riverside County.
Little mousetail occurs at only one location within the MHCP. This location is within the
Carlsbad subarea at the vernal pools at Poinsettia Lane Commuter Station. The status of this
species at the Poinsettia Lane location is unknown at present. This population provides a
stepping stone between populations of little mousetail on Camp Pendleton Marine Corps Base
and populations in the southern part of San Diego County. It is possible that this plant exists at
other vernal pools in the subarea, however, these pools have been surveyed and little mousetail
has not been reported.
The MHCP Subregional plan requires the following conditions be met for a city to receive
coverage for this species:
1. All conserved populations must be adequately managed to control edge effects and avoid
adverse changes to vernal pools and their watersheds. Stabilize preserved populations by
removing impacts or potential impacts, and excluding adverse activities within preserve areas
and within the watersheds of vernal pools (e.g., trampling, vehicular or recreational traffic,
illegal dumping, invasive exotic plants, water pollution, alteration of hydrology, and
collecting). Regulate the use of toxic substances (e.g., herbicides, pesticides) and control
nonnative competitive species in the vicinity of vernal pools.
2. The MHCP Narrow Endemics Policy must be applied to all populations of this species,
including those already known and all found in the future.
3. Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat improvement
activities. Unless analyses determine that there is no significant genetic variation between
Subregional MHCP and Carlsbad Subarea Plan Findings 178
populations, introduced plant materials must be from the parental population or a population
in proximity.
4. If not already established by the region by another entity, the MHCP management program
must establish a seed bank as a guarantee against extinction and to provide source material
for conservation and research activities. A seed bank must be established within 15 years of
permit issuance. Collections should be based on established guidelines and subject to seed
availability. Collected seed should be stored at an established seed bank facility (e.g.,
Rancho Santa Ana Botanic Garden or San Diego Wild Animal Park).
5. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
No direct impacts will occur to the one little mousetail population from either the MHCP
Subregional Plan or the City’s Subarea Plan since it occurs in a 100 percent preserve area. In
addition, applying the above conditions throughout the MHCP planning area will result in a
majority of any new species points identified being preserved since the narrow endemic policy is
required, which would require no more than 20 percent gross cumulative loss outside of the FPA.
The City of Carlsbad will not receive coverage for this species until documentation is provided
that assures the above conditions, including management and monitoring of this species in
perpetuity throughout the City and at the Poinsettia Lane Commuter Rail Station, according to
MHCP Volume 3 standards, can be met among the signatories to the IA (City, Service, and/or
Department). The single known occurrence of this plant in the City will not be directly impacted
by the implementation of the plan. There is a possibility that new populations of San Diego little
mousetail will be found as surveys are conducted on sites with suitable habitat. Little mousetail
is a narrow endemic and will be conserved accordingly.
The MHCP Subregional Plan and the City‘s Subarea Plan requires the long-term monitoring and
management of this vernal pool complex.
Little mousetail has a relatively widespread distribution, occurring in Butte, Colusa, Solano,
Contra Costa, Alameda, Stanislaus, Kern, Riverside, San Bernardino, and San Diego counties, as
well as in Oregon and Baja California, Mexico. In San Diego County, the species is restricted to
Camp Pendleton (Stuart Mesa, Wire Mountain), Carlsbad, Ramona, the mesas north of San
Diego, and Otay Mesa. Within the MHCP planning area, little mousetail only occurs in the
Poinsettia Lane vernal pools in Carlsbad. The proposed action will not directly impact the one
known population of little mousetail in the MHCP planning area. Although direct impacts to any
new populations of little mousetail could occur throughout the MHCP Subregional Plan, the
plans require the narrow endemic policy to be applied to this species. In addition, since the plans
provides assurances that the known populations and any new populations of little mousetail will
be monitored and managed consistent with the MHCP Management and Monitoring Plan
(Volume 3) and coverage for this species to the City does not begin until documentation that
provides these assurances is provided to the Service and Department, the plan will detect and
minimize any negative impacts that are affecting little mousetail. The avoidance, minimization,
and/or mitigation measures included in the MHCP Subregional Plan and City’s Subarea Plan will
Subregional MHCP and Carlsbad Subarea Plan Findings 179
reduce any impacts that may occur to this species. Additionally, this species will benefit from
the habitat that the City’s Subarea Plan will preserve in perpetuity. This Preserve will be
adaptively managed, per the measures included in the MHCP Subregional Plan and City’s
Subarea Plan, which will further reduce the indirect effects and benefit the species. The
mitigation measures for this species are adequate to offset the impacts because there are no
known impacts to this species in the MHCP or City; the HMP protects 80 percent of any new
population in the City through the narrow endemic policy; and the HMP includes management
and monitoring to reduce any indirect impacts that may occur.
Navarretia fossalis (Spreading navarretia)
Spreading navarretia is primarily associated with vernal pools. This species occasionally occurs
in ditches and other artificial depressions, which often occur in degraded vernal pool habitat.
Spreading navarretia also occurs in alkali grassland habitat along the San Jacinto River in
Riverside County.
Within the MHCP there are two known populations of spreading navarretia; one is found in the
vernal pools in San Marcos and the other is found in Carlsbad at the Poinsettia Lane vernal pools.
Both of these populations are considered to be major populations as well as critical locations.
However, all of the populations in San Marcos are in the major amendment area. Thus, the
conditions of the MHCP for this species will not apply to these areas and adverse affects to these
areas will not be covered by the MHCP plan. However, the pools in San Marcos on the Bent
Avenue property where spreading navarretia were observed in the pools in 1993 will be
conserved. A U.S. Army Corps of Engineers permit (Corps Permit No. 200001 113-TCD) was
issued to South Coast Development on December 15,2000, which required a the long-term
preservation of 4.5 acres of vernal pool watershed on the Bent Avenue property via a recorded
conservation easement over the areas to be conserved. It is our understanding that the
conservation easement has not yet been recorded.
The pools at Poinsettia Lane have been degraded by agriculture and construction of the train
station, however, they continue to function as vernal pool habitat. The status of spreading
navarretia at this site is unknown, however, it is believed that this population is extant. The
Poinsettia Lane pools and their watersheds occur on both NCTD land and private property
associated with the Water’s End housing development project. The Service formally consulted
under section 7 of the Act (1-6-94-F-9) with the U.S. Army Corps of Engineers on the adverse
affects associated with the train station on this species. In response to this consultation, NCTD
agreed to grant a conservation easement over all the pools on their property to the California
Department of Fish and Game and provide a management plan with an endowment for the
management of the pools. These obligations remain outstanding, however, active progress is
being made. The Water’s End development has agreed to avoid impacts to the vernal pool
watersheds and will provide an easement over the pool watersheds on their property to the City
with California Department of Fish and Game and the US Fish and Wildlife Service as third
party beneficiary. In addition, they are providing $100,000 of funds to the City for an
Subregional MHCP and Carlsbad Subarea Plan Findings 180
endowment to manage and monitor the Poinsettia Lane pool watersheds. The California
Department of Fish and Game and the City of Carlsbad will ensure that these pools and their
watersheds are managed to MHCP standards.
It is possible that this plant exists at other vernal pools in the MHCP planning area, however, no
spreading navarretia was detected during past surveys.
The MHCP Subregional plan requires the following conditions be met for a city to receive
coverage for this species:
1.
2.
3.
4.
5.
6.
The major population and critical location of spreading navarretia in San Marcos must be
conserved at a level consistent with the critical location policy and managed as part of the
preserve system.
All conserved populations must be adequately managed to control edge effects and avoid
adverse changes to vernal pools and their watersheds. Stabilize preserved populations by
removing impacts or potential impacts, and excluding adverse activities within preserve areas
and within the watersheds of vernal pools (e.g., trampling, vehicular or recreational traffic,
illegal dumping, invasive exotic plants, water pollution, alteration of hydrology, and
collecting). Regulate the use of toxic substances (e.g., herbicides, pesticides) and control
nonnative competitive species in the vicinity of vernal pools.
The MHCP Narrow Endemics Policy must be applied to all populations of this species,
including those already known and all found in the future.
Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat improvement
activities. Unless analyses determine that there is no significant genetic variation between
populations, introduced plant materials must be from the parental population or a population
in proximity.
A seed bank must be established as a guarantee against extinction and to provide source
material for conservation and research activities. Collections should be based on established
guidelines and subject to seed availability. Collected seed should be stored at an established
seed bank facility (e.g., Rancho Santa Ana Botanic).
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
Applying the above conditions throughout the MHCP planning area will result in a majority of
species points being conserved at a level of 100 percent, since most of the points are in the FPA
and the San Marcos species points need to be conserved consistent with the critical location
policy for narrow endemics. Any new species points identified would need to follow the narrow
endemic policy, which would require no more than 20 percent gross cumulative loss outside of
the FPA.
The City of Carlsbad will not receive coverage for this species until documentation is provided
that assures the above conditions, including management and monitoring of this species in
Subregional MHCP and Carlsbad Subarea Plan Findings 181
perpetuity throughout the City and at the Poinsettia Lane Commuter Rail Station, according to
MHCP Volume 3 standards, can be met among the signatories to the IA (City, Service, and
Department). The single known occurrence of this plant in the City will not be directly impacted
by the implementation of the plan. There is a possibility that new populations of spreading
navarretia will be found as surveys are conducted on sites with suitable habitat. Spreading
navarretia is a narrow endemic and will be conserved accordingly.
The MHCP Subregional Plan and the City’s Subarea Plan requires the long-term monitoring and
management of these vernal pool complexes.
The proposed action will not directly impact any currently known spreading navarretia plants of
this wide ranging species whose current distribution is from northwestern Los Angeles County
and western Riverside County, south through coastal San Diego County, California to San
Quintin in northwestern Baja California, Mexico, from near sea level to 1,300 meters. In San
Diego County, this species is found below 450 meters in Carlsbad, San Marcos, Ramona, and on
Otay Mesa. Spreading navarretia occurs in the Poinsettia Lane vernal pools in the City of
Carlsbad and in the vernal pools within the City of San Marcos. Although direct impacts to any
new populations of spreading navarretia could occur throughout the MHCP Subregional Plan, the
plans require the narrow endemic policy to be applied to this species. In addition, the plan will
detect and minimize any negative impacts that are affecting spreading navarretia because the plan
provides assurances that the known populations and any new populations of spreading navarretia
will be monitored and managed consistent with the MHCP Management and Monitoring Plan
(Volume 3), and because coverage for this species to the City of Carlsbad does not begin until
documentation that provides these assurances is provided to the Service and Department. The
avoidance, minimization, and/or mitigation measures included in the MHCP Subregional Plan
and City’s Subarea Plan will reduce any impacts that may occur to this species. Additionally, this
species will benefit from the habitat that the City’s Subarea Plan will preserve in perpetuity. This
preserve will be adaptively managed, per the measures included in the MHCP Subregional Plan
and City’s Subarea Plan, which will further reduce the indirect effects and benefit the species.
The avoidance, minimization and/or mitigation measures for this species are adequate to offset
impacts because there are no known impacts to this species in the MHCP; the HMP protects 80
percent of any new population in the City through the narrow endemic policy; and the HMP
includes management and monitoring to reduce any indirect impacts that may occur.
Orcuttia californica (California Orcutt grass)
All known Californica Orcutt grass localities are associated with vernal pools. California Orcutt
grass tends to grow in the deeper and wetter portions of the vernal pool basins, but this annual
does not show much growth until the basins become somewhat desiccated. Griggs and Jain
observed that the individual plants found in the deeper portions of the pools tend to be more fully
developed and larger than individuals at the pool margins. In Riverside County, this species is
found in southern basaltic claypan vernal pools at the Santa Rosa Plateau, and alkaline vernal
Subregional MHCP and Carlsbad Subarea Plan Findings 182
pools at Skunk Hollow and at Salt Creek west of Hemet. This species is considered a wetland
obligate.
A single population of California Orcutt grass exists within the MHCP. This population occurs
within the Carlsbad subarea at the Poinsettia Lane Commuter Rail Station. The vernal pool
complex at this location occurs in a narrow band running north to south along the train tracks.
Both the train tracks and adjacent development have altered the hydrology of this area. The
pools have exotic weeds on their margins and face the threat of run-off from an adjacent
development. The current status of California Orcutt grass at this location is unknown.
California Orcutt grass is found in a limited number of vernal pools that hold water for a longer
than average time period. Because of the rarity of this type of pool, it is not expected that this
species will be found elsewhere in the MHCP.
The MHCP Subregional plan requires the following conditions be met for a city to receive
coverage for this species:
1.
2.
3.
4.
5.
All conserved populations must be adequately managed to control edge effects and avoid
adverse changes to vernal pools and their watersheds. Stabilize preserved populations by
removing impacts or potential impacts, and excluding adverse activities within preserve areas
and within the watersheds of vernal pools (e.g., trampling, vehicular or recreational traffic,
illegal dumping, invasive exotic plants, water pollution, alteration of hydrology, and
collecting). Regulate the use of toxic substances (e.g., herbicides, pesticides) and control
nonnative competitive species in the vicinity of vernal pools.
The MHCP Narrow Endemics Policy must be applied to all populations of this species,
including those already known and all found in the future.
Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat improvement
activities. Unless analyses determine that there is no significant genetic variation between
populations, introduced plant materials must be from the parental population or a population
in proximity.
A seed bank must be established as a guarantee against extinction and to provide source
material for conservation and research activities. Collections should be based on established
guidelines and subject to seed availability. Collected seed should be stored at an established
seed bank facility (e.g., Rancho Santa Ana Botanic Garden).
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
No direct impacts will occur to the one California Orcutt grass population from either the MHCP
Subregional Plan or the City’s Subarea Plan since it occurs in a 100 percent preserve area. In
addition, applying the above conditions throughout the MHCP planning area will result in a
majority of any new species points identified being preserved since the narrow endemic policy is
required, which would require no more than 20 percent gross cumulative loss outside of the FPA.
Subregional MHCP and Carlsbad Subarea Plan Findings 183
The City of Carlsbad will not receive coverage for this species until documentation is provided
that assures the above conditions, including management and monitoring of this species in
perpetuity throughout the City and at the Poinsettia Lane Commuter Rail Station, according to
MHCP Volume 3 standards, can be met among the signatories to the IA (City, Service, and
Department). The single known occurrence of this plant in the City will not be directly impacted
by the implementation of the plan. Any new populations of California Orcutt grass will be
treated as a narrow endemic and conserved accordingly. In addition, the MHCP Subregional
Plan and the City’s Subarea Plan requires the long-term monitoring and management of this
vernal pool complex.
The current range of California Orcutt grass is from the Carlsberg vernal pool located in
Moorpark in Ventura County, south to the vernal pools around San Quintin, Baja California,
Mexico. In San Diego County, California Orcutt grass is found in two vernal pools on Marine
Corps Air Station (MCAS) Miramar, in four vernal pool complexes on Otay Mesa, and in the
Poinsettia vernal pools in the City of Carlsbad. The proposed action will not directly impact the
one known population of California Orcutt grass in the MHCP planning area. Although direct
impacts to any new populations of California Orcutt grass could occur throughout the MHCP
Subregional Plan, the plans require the narrow endemic policy to be applied to this species. In
addition, the plan will detect and minimize any negative impacts that are affecting California
Orcutt grass because the plan provides assurances that the known populations and any new
populations of California Orcutt grass will be monitored and managed consistent with the MHCP
Management and Monitoring Plan (Volume 3), and because coverage for this species to the City
of Carlsbad does not begin until documentation that provides these assurances is provided to the
Service and Department. The avoidance, minimization, and/or mitigation measures included in
the MHCP Subregional Plan and City’s Subarea Plan will reduce any impacts that may occur to
this species. Additionally, this species will benefit from the habitat that the City’s Subarea Plan
will preserve in perpetuity. This preserve will be adaptively managed, per the measures included
in the MHCP Subregional Plan and City’s Subarea Plan, which will further reduce the indirect
effects and benefit the species. The avoidance, minimization and/or mitigation measures for this
species are commensurate with the impacts because there are no known impacts to this species in
the MHCP; the HMP protects 80 percent of any new population in the City through the narrow
endemic policy; and the HMP includes management and monitoring to reduce any indirect
impacts that may occur.
Pinus torreyana ssp. torreyana (Torrey pine)
Torrey pine typically occurs in Torrey pine forest or as inclusions in southern maritime chaparral.
It survives in the closed coniferous forests where fog often creates a much more mesic climate.
Local fogs play a very important role in the survival of this species. Loamy alluvial soil is its
primary soil make-up.
In the MHCP, the majority of point locations (25 of 27) occur in Encinitas. Some of the trees
mapped in Encinitas have been planted. The other two point locations occur in Carlsbad. Within
Subregional MHCP and Carlsbad Subarea Plan Findings 184
the MHCP, no major populations or critical locations have been identified for this species. None
of the species points occur in Torrey pine forest habitat, in fact there are no Torrey pine forest
habitat within the MHCP planning area. Rather, the species points occur in southern maritime
chaparral. There are 968 acres of southern maritime chaparral in the MHCP planning area.
Of the two populations in the City, one of these points occurs south of Palomar Airport Road and
is isolated from other populations of this species. This population is at the northern terminus of
this species’ range. The second population is located on the western slope of Green Valley
within a large block of preserved native habitat. This point is part of a sizable population of
Torrey pines that extends into Encinitas. Torrey pine is a species with relatively low genetic
diversity. Individual trees on the periphery of the range may exhibit genetic differences, which
could help the species withstand a disease or infestation. For this reason the Torrey pine
population south of Palomar Airport Road would be significant to the species as a whole, if it
contains unique genetic information. In contrast, if the Torrey pine population in central
Carlsbad was planted it may not have the same importance to the species as a natural population.
A greater amount of research is necessary to determine the value of this point location.
The MCHP Subregional plan requires the following conditions be met for a city to receive
coverage for this species:
1. Fire management plans must be implemented for all conserved populations to protect them
from fi-equent or high-intensity fires and fire suppression activities. If determined necessary
to maintain the population, develop fire management guidelines within conserved areas that
limit fire frequency and emergency access.
2. All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented,
Direct impacts to Torrey pines will occur as a result of the MHCP Subregional Plan in the City of
Encinitas and Carlsbad, however, the extent of the impacts is expected to be low. The majority
of points (65 percent) are within the FPA and will be conserved at 100 percent in hardline areas
and at the FPA percentage (or mitigation ratio) in softline areas. No conservation will occur
outside of the FPA for this species. In addition to point localities, an estimated 748 acres (77
percent) of potentially suitable habitat will be conserved as a result of the existing preserve
design and preserve policies. More specifically, the City of Encinitas will impact 8 of 25 point
localities (33 percent). The MHCP Subregional Plan identifies the City of Carlsbad as impacting
one of two point localities (50 percent) since only one of the point localities is in the FPA,
however, the Carlsbad subarea plan specifically states that all individuals identified in the
Carlsbad plan will be conserved.
In addition, since the point localities are outside of areas that are currently being managed and
monitored for biological resources, the City of Carlsbad cannot commit to funding such
management and monitoring activities necessary at this time. Thus, the City will not receive
coverage for this species until they have the ability to ensure the appropriate level of management
Subregional MHCP and Carlsbad Subarea Plan Findings 185
and monitoring, as described in the MHCP Volume 3 and the OSMP, for these species will occur
in perpetuity associated with the permit.
Indirect impacts would be avoided and minimized by monitoring and management of this species
according to MHCP standards. However, the City would not be able to initially fund or gain
access for management and monitoring for any of the known populations in the City until a
regional funding source, or some other additional funds, are available. Because of this, coverage
for this species is not being proposed until the City of Carlsbad can document they have access
and the funds available to manage and monitor this species as described in the MHCP Volume 3
and the OSMP.
Torrey pine has one of the most limited geographical ranges in the Pinus genus. Its natural
distribution consists of two disjunct populations: Santa Rosa Island and the coast between San
Diego and Del Mar. The majority of naturally occurring Torrey Pine trees on the mainland are
protected and managed by Torrey Pines State Reserve. Smaller stands and/or individuals occur
in Carlsbad, Encinitas, Del Mar, Cannel Mountain, and the San Dieguito River Valley. The
MHCP Subregional Plan will directly impact Torrey pines in the City of Encinitas and Carlsbad
by habitat loss from development. However, these impacts are expected to be low because the
City’s Subarea Plan commits to preserving both locations of Torrey Pine. In addition, the MHCP
Subregional Plan assures that all remaining populations of Torrey pine will be monitored and
managed consistent with the MHCP Management and Monitoring Plan (Volume 3). Coverage
for this species to the City does not begin until the City can provide documentation to the Service
and Department that adequate access and fhding is available. The avoidance, minimization,
and/or mitigation measures included in the MHCP Subregional Plan and City’s Subarea Plan will
reduce any impacts that may occur to this species. This species will also benefit from the habitat
that the MHCP Subregional Plan ill preserve in perpetuity. This Preserve will be adaptively
managed, per the measures included in the MHCP Subregional Plan and the City’s Subarea Plan
which will further reduce the indirect effects and benefit the species. Therefore, the avoidance,
minimization and/or mitigation measures for this species are adequate to offset the impacts
because MHCP will preserve both locations of Torrey Pine within the City; and the HMP
includes management and monitoring to reduce any indirect impacts that may occur.
Streptocephalus woottoni (Riverside fairy shrimp)
Riverside fairy shrimp are restricted to deep (greater than 25 cm in depth) seasonal vernal pools,
vernal pool-like ephemeral ponds, and stock ponds. They prefer warm-water pools that have low
to moderate dissolved solids. Pools are generally open and unvegetated with turbid water
conditions and low total dissolved solids, alkalinity, and chloride levels, as evidenced by
approximately neutral pH values. All known habitat lies within annual grasslands, which may be
interspersed through chaparral or coastal sage scrub vegetation.
Riverside fairy shrimp is only reported from one vernal pool complex in the MHCP at the
Poinsettia Lane Commuter Rail Station in Carlsbad. The vernal pool complex at this location
Subregional MHCP and Carlsbad Subarea Plan Findings 186
occurs in a narrow band running north to south along the train tracks. Both the train tracks and
adjacent development have altered the hydrology of this area. The pools have exotic weeds on
their margins and face the threat of run-off from an adjacent development. The current status of
Riverside fairy shrimp at this location is unknown. The pools at Poinsettia Lane have been
degraded by agriculture and construction of the train station, however, they continue to function
as vernal pool habitat. The Poinsettia Lane pools and their watersheds occur on both NCTD land
and private property associated with the Water’s End housing development project. The Service
formally consulted under section 7 of the Act (1-6-94-F-9) with the U.S. Army Corps of
Engineers on the adverse affects associated with the train station on this species. In response to
this consultation, NCTD agreed to grant a conservation easement over all the pools on their
property to the California Department of Fish and Game and provide a management plan with an
endowment for the management of the pools. These obligations remain outstanding, however,
active progress is being made. The Water’s End development has agreed to avoid impacts to the
vernal pool watersheds and will provide an easement over the pool watersheds on their property
to the City with California Department of Fish and Game and the US Fish and Wildlife Service
as third party beneficiary. In addition, they are providing $100,000 of funds to the City for an
endowment to manage and monitor the Poinsettia Lane pool watersheds. The California
Department of Fish and Game and the City of Carlsbad will ensure that these pools and their
watersheds are managed to MHCP standards.
There are two other areas in the Carlsbad subarea that support vernal pool habitat, however,
Riverside fairy shrimp have not been reported from these other vernal pool complexes. Riverside
fairy shrimp have also not been reported from San Marcos vernal pools.
Critical habitat for the Riverside fairy shrimp has been newly proposed to include 143 acres in
the MHCP planning area, 8 acres of which are within the FPA. All 8 acres are within the City at
the Poinsettia Lane Commuter Rail Station vernal pool complex. Some of the difference in
acreage between 143 acres and 8 acres is due to a course mapping scale for the critical habitat
units. However, some of the acreage is because the City’s FPA does not completely cover all the
vernal pools and their watersheds at the Poinsettia Lane Commuter Rail Station.
No direct effects to the Riverside fairy shrimp are expected from the implementation of the
MHCP Subregional and City’s Subarea Plan because all of the pools that are known to support
Riverside fairy shrimp are 100 percent conserved. In addition, the MHCP no-net-loss policy for
wetlands includes vernal pool habitat. Therefore, all vernal pools within the MHCP are expected
to be 100 percent conserved. The MHCP also treats Riverside fairy shrimp as a narrow endemic
species. Thus, if Riverside fairy shrimp are discovered in other areas in the MHCP planning
area, including the City of Carlsbad, they will be conserved accordingly. More importantly, the
following conditions must be met in order for a City to receive coverage for this species:
1. All vernal pools and their watersheds within the MHCP study area must be 100 percent
conserved, regardless of occupancy by this species and regardless of location inside or
outside of the FPA, unless doing so would remove all economic uses of a property. In the
event that no project alternative is feasible that avoids all impacts on a particular property, the
Subregional MHCP and Carlsbad Subarea Plan Findings 187
2.
3.
4.
5.
impacts must be minimized and mitigated to achieve no-net-loss of biological hnctions and
values through strict adherence to the Wetland Avoidance and Mitigation Criteria (Section
3.6.1 of MHCP Volume l), Standard Best Management Practices (Appendix B), and
Revegetation Guidelines (Appendix C).
As part of the project review process (e.g., CEQA) for individual projects within the MHCP
area, a qualified biologist possessing a Section 1 O(a) 1 (A) research permit for this species
must survey all areas containing pools, using approved Riverside fairy shrimp survey
protocol. Surveys shall be conducted when impacts could occur as a result of direct or
indirect impacts by placement of a project in or adjacent to suitable habitat. Suitable habitat
includes vernal pools as well as any other pools (natural or unnatural) that have potential to
support fairy shrimp based on their physical, chemical, and biological attributes.
All known or newly discovered populations of Riverside fairy shrimp and their habitat,
including pool watersheds (surface and subsurface hydrology that support pool formation)
and adequate adjacent upland habitat to allow for ecosystem processes to maintain this
species, shall be preserved consistent with the Critical Population Policy (Appendix D) and
managed as part of the preserve system.
Management Plans must prohibit and actively exclude any activities that could degrade
vernal pool habitat, including but not limited to threats identified in MHCP Volume 2 for this
species.
All species-specific monitoring identified in the MHCP Volume 3 shall be implemented.
No direct impacts will occur to the only known population of Riverside fairy shrimp at the
Poinsettia Commuter Rail Station vernal pools from either the MHCP Subregional Plan or the
City’s Subarea Plan since it occurs in a 100 percent preserve area. In addition, applying the
above conditions throughout the MHCP planning area will result in all new species points
identified being preserved since the plan requires all pools and their watersheds within the
MHCP planning area to be 100 percent conserved, regardless of occupancy by this species and
regardless of location inside or outside the FPA, unless doing so would remove all economic use
of a property.
Once again, the City’s subarea plan will not result in any direct impacts to the only known
population of Riverside fairy shrimp at the Poinsettia Commuter Rail Station vernal pools.
However, the City’s subarea plan will result in direct impacts to one vernal pool watershed on the
Hieatt property. In addition, the City of Carlsbad will not receive coverage for this species until
documentation is provided that assures the above conditions (excluding the Hieatt property from
the watershed protection condition), including management and monitoring of this species in
perpetuity throughout the City and at the Poinsettia Lane Commuter Rail Station, according to
MHCP Volume 3 standards, can be met among the signatories to the IA (City, Service, and
Department).
No direct impacts will occur to the constituent elements for Riverside fairy shrimp proposed
critical habitat from the MHCP Subregional Plan or the City’s Subarea Plan. All of the vernal
pools at the Poinsettia Commuter Rail Station will be 100 percent conserved.
Subregional MHCP and Carlsbad Subarea Plan Findings 188
The conditions of coverage for this species and the management and monitoring required for this
species will ensure indirect impacts are minimized.
No direct impacts will occw to the only known population of Riverside fairy shrimp at the
Poinsettia Commuter Rail Station vernal pools from either the MHCP Subregional Plan or the
City’s Subarea Plan. The MHCP Subregional Plan also protects any new populations of
Riverside fairy shrimp because all vernal pools and their watersheds within MHCP must be 100
percent conserved regardless of occupancy by this species. In addition, since the plan provides
assurances that the known populations and any new populations of Riverside fairy shrimp will be
monitored and managed consistent with the MHCP Management and Monitoring Plan (Volume
3), and because coverage for this species to the City does not begin until documentation that
provides these assurances is provided to the Service and Department, the plan will detect and
minimize any negative impacts that are affecting Riverside fairy shrimp. The avoidance,
minimization, and/or mitigation measures included in the MHCP Subregional Plan and City’s
Subarea Plan will reduce any impacts that may occur to this species.
We anticipate the MHCP Subregional Plan and the City’s Subarea Plan will adversely affect
Riverside fairy shrimp critical habitat. However, only indirect effects are expected and critical
habitat would remain functional and ensure conservation of the species for the following reasons:
1) most of the critical habitat area occurs within the 100 percent preserved area of the Poinsettia
Commuter Rail Station vernal pool complex; 2) the MHCP Subregional Plan requires all vernal
pools and their watersheds to be 100 percent conserved regardless of their occupancy with
Riverside fairy shrimp and regardless of location inside or outside the FPA; 3) the MHCP
Subregional Plan requires all vernal pools in the FPA to be managed and monitored to restrict
activities that could degrade Riverside fairy shrimp habitat; and 4) the MHCP Subregional Plan
requires all known or newly discovered populations of Riverside fairy shrimp and their habitat to
be preserved consistent with the critical locations policy of MHCP.
The Service anticipates that an unknown number of Riverside fairy shrimp could be taken as a
result of the City’s subarea plan. The incidental take is expected to be in the form of impacts to
vernal pool watersheds which could harm or injure Riverside fairy shrimp through changes in
pool hydrology. The amount of incidental take is expected to be low because the wetland
protection standards apply to vernal pools, Riverside fairy shrimp are treated as narrow endemics,
and MHCP Subregional Plan standards require all vernal pools and their watersheds be 100
percent conserved.
The Riverside fairy shrimp is believed to have the most restricted distribution of an endemic
California fairy shrimp. In San Diego County it is known to occur at Marine Corps Base Camp
Pendleton, City of Carlsbad, one complex at Marine Corps Air Station Miramar, and on Otay
Mesa. The majority of the vernal pools within the range of the Riverside fairy shrimp were lost
prior to 1990. However, no direct effects to the one known population of Riverside fairy shnmp
within the MHCP and HMP planning area are expected from the implementation of the MHCP
Subregional and City’s Subarea Plan because all of the pools that are known to support Riverside
Subregional MHCP and Carlsbad Subarea Plan Findings 189
fairy shrimp are 100 percent conserved because the MHCP no net loss policy for wetlands
includes vernal pool habitat. In addition, the MHCP treats Riverside fairy shrimp as a narrow
endemic species. Thus, if Riverside fairy shrimp are discovered in other areas in the MHCP
planning area, including the City of Carlsbad, they will be conserved accordingly. No direct
impacts will occur to the constituent elements for Riverside fairy shrimp proposed critical habitat
from the MHCP Subregional Plan or the City’s Subarea Plan because all of the vernal pools at
the Poinsettia Commuter Rail Station will be 100 percent conserved. Therefore, the avoidance,
minimization and/or mitigation measures for this species are commensurate with the impacts
because the amount of incidental take is expected to be low; treatment of the Riverside fairy
shrimp as a narrow endemic; MHCP Subregional Plan standards require all vernal pools and their
watersheds be 100 percent conserved; and the HMP includes management and monitoring to
reduce any indirect impacts that may occur.
Branchinecta sandiegonensis (San Diego fairy shrimp)
San Diego fairy shrimp tend to inhabit shallow, small vernal pools and vernal pool-like
depressions (e.g., ruts in dirt roads) with water temperatures of 10-26~ C. They are ecologically
dependent on seasonal fluctuations in their habitat, such as absence or presence of water during
specific times of the year, duration of inundation, and other environmental factors that likely
include specific salinity, conductivity, dissolved solids, and pH levels. Gonzalez et al. found
water chemistry as an important factor in determining the distribution of the San Diego fairy
shrimp.
There are two locations where San Diego fairy shrimp are found in the MHCP planning area,
both of which are considered major populations and critical locations. One of these populations
is located in San Marcos and the other is in the City of Carlsbad at the Poinsettia Lane Commuter
Station. However, all of the populations in San Marcos are in the major amendment area. Thus,
the conditions of the MHCP for this species will not apply to these areas and adverse affects to
these areas will not be covered by the MHCP plan. However, the pools in San Marcos on the
Bent Avenue property will be conserved. A U.S. Army Corps of Engineers permit (Corps Permit
No. 200001 1 13-TCD) was issued to South Coast Development on December 15,2000, which
required a the long-term preservation of 4.5 acres of vernal pool watershed on the Bent Avenue
property via a recorded conservation easement over the areas to be conserved. According to
Marie Somovich, San Diego fairy shrimp were present in these pools in 1992. Their current
status is unknown. It is our understanding that the conservation easement has not yet been
recorded.
The pools at Poinsettia Lane Commuter Station are known to have had San Diego fairy shrimp,
but the current status of their occupation is unknown. These pools have been degraded by
agriculture and construction of the train station, however, they continue to function as vernal
pool habitat. The Poinsettia Lane pools and their watersheds occur on both NCTD land and
private property associated with the Water’s End housing development project. The Service
formally consulted under section 7 of the Act (1 -6-94-F-9) with the U.S. Army Corps of
Subregional MHCP and Carlsbad Subarea Plan Findings 190
Engineers on the adverse affects associated with the train station on this species. In response to
this consultation, NCTD agreed to grant a conservation easement over all the pools on their
property to the California Department of Fish and Game and provide a management plan with an
endowment for the management of the pools. These obligations remain outstanding, however,
active progress is being made. The Water’s End development has agreed to avoid impacts to the
vernal pool watersheds and will provide an easement over the pool watersheds on their property
to the City with California Department of Fish and Game and the US Fish and Wildlife Service
as third party beneficiary. In addition, they are providing $100,000 of funds to the City for an
endowment to manage and monitor the Poinsettia Lane pool watersheds. The California
Department of Fish and Game and the City of Carlsbad will ensure that these pools and their
watersheds are managed to MHCP standards.
There are two other vernal pool complexes in Carlsbad that may provide suitable habitat for San
Diego button-celery, but the species is currently unreported from these two areas.
335 acres of critical habitat was designated for San Diego fairy shrimp within the MHCP. 135
acres are within the City of Carlsbad and the remaining 200 acres are within the City of San
Marcos. None of the existing critical habitat in the City of San Marcos is within the FPA for
MHCP and as a result are not included in this analysis.
Critical habitat was proposed on only 119 acres within the MHCP; a majority of which is in the
City of San Marcos. However, once again, none of the proposed critical habitat in the City of
San Marcos is within the FPA for MHCP and as a result are not included in this analysis. In
Carlsbad, 8 acres of critical habitat are within the FPA at the Poinsettia Train Station vernal pool
complex. Some of the difference in acreage between the critical habitat and FPA are due to a
course mapping scale used for critical habitat. There is also a 11 acre spillover from pools on
Marine Corps Base Camp Pendleton. However, some of the difference in acreage is because not
all of the Poinsettia Train Station vernal pool watershed is within the FPA.
The difference in 335 acres of designated critical habitat and 119 acres of proposed critical
habitat within the MHCP planning area is mostly due to the differences in mapping scales used to
designated critical habitat and those used to propose critical habitat. The original designation
used a 250 meter grid cell, where the recently proposed critical habitat used only a 100 meter
grid. However, one area was omitted from proposed critical habitat within the City of Carlsbad
that is currently designated critical habitat. This is the Hieatt property. Thus, our consultation on
designated critical habitat is sufficient for our analysis of effects to proposed critical habitat since
biologically the only difference is that there one less vernal pool complex within the proposed
critical habitat for San Diego fairy shrimp.
No direct effects to the San Diego fairy shrimp are expected from the implementation of the
MHCP Subregional and City’s Subarea Plan because all of the pools that are known to support
San Diego fairy shrimp are either 100 percent conserved or are outside of the scope of the plans
since they are in a major amendment area for the City of San Marcos. In addition, the MHCP no-
Subregional MHCP and Carlsbad Subarea Plan Findings 191
net-loss policy for wetlands includes vernal pool habitat. Therefore, all vernal pools within the
MHCP are expected to be 100 percent conserved. The MHCP also treats San Diego fairy shrimp
as a narrow endemic species. Thus, if San Diego fairy shrimp are discovered in other areas in the
MHCP planning area, including the City of Carlsbad, they will be conserved accordingly. More
importantly, the following conditions must be met in order for a City to receive coverage for this
species:
1.
2.
3.
4.
5.
All vernal pools and their watersheds within the MHCP study area must be 100 percent
conserved, regardless of occupancy by this species and regardless of location inside or
outside of the FPA, unless doing so would remove all economic uses of a property. In the
event that no project alternative is feasible that avoids all impacts on a particular property, the
impacts must be minimized and mitigated to achieve no-net-loss of biological functions and
values through strict adherence to the Wetland Avoidance and Mitigation Criteria (Section
3.6.1 of MHCP Volume l), Standard Best Management Practices (Appendix B), and
Revegetation Guidelines (Appendix C).
As part of the project review process (e.g., CEQA) for individual projects within the MHCP
area, a qualified biologist possessing a Section 1 O(a)l (A) research permit for this species
must survey all areas containing pools, using approved San Diego fairy shrimp survey
protocol. Surveys shall be conducted when impacts could occur as a result of direct or
indirect impacts by placement of a project in or adjacent to suitable habitat. Suitable habitat
includes vernal pools as well as any other pools (natural or unnatural) that have potential to
support fairy shrimp based on their physical, chemical, and biological attributes.
All known or newly discovered populations of San Diego fairy shrimp and their habitat,
including pool watersheds (surface and subsurface hydrology that support pool formation)
and adequate adjacent upland habitat to allow for ecosystem processes to maintain this
species, shall be preserved consistent with the Critical Population Policy (Appendix D) and
managed as part of the preserve system.
Management Plans must prohibit and actively exclude any activities that could degrade
vernal pool habitat including, but not limited to, threats identified in MHCP Volume 2 for
this species.
All species-specific monitoring identified in the MHCP Volume 3 shall be implemented.
No direct impacts will occur to San Diego fairy shrimp due to the MHCP subregional plan or the
City’s subarea plan because 1) the population of San Diego fairy shrimp at the Poinsettia
Commuter Rail Station vernal pools from either the MHCP Subregional Plan or the City’s
Subarea Plan occurs in a 100 percent preserve area, 2) the San Diego fairy shrimp in the Bent
Avenue pools should be 100 percent conserved due to Corps permit conditions, and 3) the other
pools with San Diego fairy shrimp within the MHCP study area are within a major amendment
area for the City of San Marcos. In addition, applying the above conditions throughout the
MHCP planning area will result in all new species points identified being preserved since the
plan requires all pools and their watersheds within the MHCP planning area to be 100 percent
conserved, regardless of occupancy by this species and regardless of location inside or outside
the FPA, unless doing so would remove all economic use of a property.
Subregional MHCP and Carlsbad Subarea Plan Findings 192
Once again, the City’s subarea plan will not result in any direct impacts to the population of San
Diego fairy shrimp at the Poinsettia Commuter Rail Station vernal pools. However, the City’s
subarea plan will result in direct impacts to one vernal pool watershed on the Hieatt property. In
addition, the City of Carlsbad will not receive coverage for this species until documentation is
provided that assures the above. conditions (excluding the Hieatt property from the watershed
protection condition), including management and monitoring of this species in perpetuity
throughout the City and at the Poinsettia Lane Commuter Rail Station, according to MHCP
Volume 3 standards, can be met among the signatories to the IA (City, Service, and
Department).
The MHCP Subregional Plan and the City’s Subarea Plan will directly impact one of the
constituent elements for designated San Diego fairy shrimp critical habitat on the Hieatt property.
These impacts include the permanent loss of a portion of one vernal pools watershed. No other
direct impacts will occur to San Diego fairy shrimp critical habitat within the MHCP planning
area and the City of Carlsbad because all of the vernal pools at the Poinsettia Commuter Rail
Station will be 100 percent conserved and any fbture impacts to the other pools in the City of San
Marcos will not be due to the MHCP Subregional Plan or the City’s subarea plan. In addition,
the conditions of coverage for this species and the management and monitoring required for this
species will ensure indirect impacts are minimized.
The San Diego fairy shrimp occurs in vernal pools from Marine Corps Base Camp Pendleton,
inland to Ramona and south through Del Mar Mesa, Proctor Valley, and Otay Mesa, San Diego
County, California, as well as in Orange County, California, and Baja California, Mexico. The
San Diego fairy shrimp is known to occur in most of the vernal pool complexes in coastal San
Diego County. Many populations of San Diego fairy shrimp have likely been extirpated or have
experienced drastic declines due to the substantial loss of habitat in southern California. The
majority of the vernal pools within the range of the San Diego fairy shrimp were lost prior to
1990. However, no direct impacts will occur to San Diego fairy shrimp due to the MHCP
subregional plan or the City’s subarea plan because: 1) the population of San Diego fairy shrimp
at the Poinsettia Commuter Rail Station vernal pools from either the MHCP Subregional Plan or
the City’s Subarea Plan occurs in a 100 percent preserve area; 2) the San Diego fairy shrimp in
the Bent Avenue pools should be 100 percent conserved due to Corps permit conditions; and
3) the other pools with San Diego fairy shnmp within the MHCP study area are within a major
amendment area for the City of San Marcos. In addition, the MHCP protects all new populations
of San Diego fairy shrimp because all vernal pools and their watersheds within MHCP must be
100 percent conserved regardless of occupancy by this species. Since the plan provides
assurances that the known populations and any new populations of San Diego fairy shrimp will
be monitored and managed consistent with the MHCP Management and Monitoring Plan
(Volume 3) and coverage for this species to the City does not begin until documentation that
provides these assurances is provided to the Service and Department, the plan will detect and
minimize any negative impacts that are affecting San Diego fairy shrimp. The Service
anticipates that an unknown number of San Diego fairy shrimp could be taken as a result of the
City’s subarea plan. The avoidance, minimization, and/or mitigation measures included in the
Subregional MHCP and Carlsbad Subarea Plan Findings 193
MHCP Subregional Plan and City’s Subarea Plan will reduce any impacts that may occur to this
species.
The incidental take is expected to be in the form of impacts to vernal pool watersheds which
could harm or injure San Diego fairy shrimp through changes in pool hydrology. The amount of
incidental take is expected to be low because the wetland protection standards apply to vernal
pools, San Diego fairy shrimp are treated as narrow endemics, and MHCP Subregional Plan
standards require all vernal pools and their watersheds be 100 percent conserved. Therefore, the
mitigation measures for this species are expected to adequately offset the impacts because the
amount of incidental take is expected to be low; treatment of the San Diego fairy shrimp as a
narrow endemic; MHCP Subregional Plan standards require all vernal pools and their watersheds
be 100 percent conserved; and the HMP includes management and monitoring to reduce any
indirect impacts that may occur.
We anticipate the MHCP Subregional Plan and the City’s Subarea Plan will adversely affect
designated and proposed San Diego fairy shrimp critical habitat. However, only indirect effects
are expected and critical habitat would remain functional and ensure conservation of the species
for the following reasons: 1) most of the critical habitat in Carlsbad occurs within the 100
percent preserved area of the Poinsettia Commuter Rail Station vernal pool complex; 2) the
MHCP Subregional Plan does not cover the vernal pools in San Marcos that are in the major
amendment area; 3) the MHCP Subregional Plan will not directly adversely affect the Bent
Avenue vernal pools in the City of San Marcos; 4) the MHCP Subregional plan requires all
vernal pools and their watersheds to be 100 percent conserved regardless of their occupancy with
San Diego fairy shrimp and regardless of location inside or outside the FPA; 5) the MHCP
Subregional Plan requires all vernal pools in the FPA to be managed and monitored to restrict
activities that could degrade San Diego fairy shrimp habitat; and 6) the MHCP Subregional Plan
requires all known or newly discovered populations of San Diego fairy shrimp and their habitat
to be preserved consistent with the critical locations policy of MHCP.
The adverse affects of the MHCP Subregional Plan and the City’s Subarea Plan on the watershed
of one vernal pool on the Hieatt property in the City of Carlsbad is adequately offset by the plans’
conservation measures due to the following: 1) most of the critical habitat in Carlsbad occurs
within the 100 percent preserved area of the Poinsettia Commuter Rail Station vernal pool
complex; 2) the MHCP Subregional Plan does not cover the vernal pools in San Marcos that are
in the major amendment area; 3) the MHCP Subregional Plan will not directly adversely affect
the Bent Avenue vernal pools in the City of San Marcos; 4) other than the Hieatt property, the
MHCP Subregional plan requires all other vernal pools and their watersheds to be 100 percent
conserved regardless of their occupancy with San Diego fairy shrimp and regardless of location
inside or outside the FPA; 5) the MHCP Subregional Plan requires all vernal pools in the FPA to
be managed and monitored to restrict activities that could degrade San Diego fairy shrimp
habitat; and 6) the MHCP Subregional Plan requires all known or newly discovered populations
of San Diego fairy shmp and their habitat to be preserved consistent with the critical locations
policy of MHCP.
Subregional MHCP and Carlsbad Subarea Plan Findings 194
SPECIES FROM TABLE 4: The City has not committed to implementing the necessary conditions
as described in MHCP Volume 2 for the species listed in Table 4 of the Carlsbad Biological
Opinion. Thus, the City has not requested coverage for these species. As a result, the analysis of
effects provided below will mainly be in the context of the MHCP Subregional Plan. As a result,
the amount or extent of take for the animal species on this list will not estimated. However, each
species will be evaluated to ensure that the City's lack of participation for these species would
not jeopardize the continued existence or recovery of the species.
DudZeya blochmaniae ssp. brevifolia (short-leaved dudleya)
Short-leaved dudleya is generally found on dry, sandstone bluffs in southern maritime chaparral.
More specifically on Carlsbad gravelly loam (derived from Torrey sandstone). Known
populations are confined to the red sandstone-capped areas of the Linda Vista Terrace, a
distinctive, uncommon habitat marked by thin soils, reddish ironstone concretions, and sparse
vegetation (Moran 1950). Ashy spike moss is one of the few plants that occurs with it in these
openings.
There are no known localities in the MHCP database and as a result there are no major
populations or critical locations of short-leaved dudleya in the MHCP study area. Much of the
study area is beyond the known distributional limit of this species, however, there is some
potential for occurrence based on the presence of suitable habitat. The level of survey effort for
this species in the study area is considered relatively low and short-leaved dudleya can be
difficult to find when not in flower.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. At least five self-sustaining, distinct populations' must be conserved within the species
geographic range (including 100% of extant populations and the majority of all newly
The five self-sustaining populations do not necessarily need to be within the MHCP study area, but
do need to be situated within the known distributional range of this species and/or within suitable
habitat @e., MSCP and MHCP study areas). Self-sustaining populations are defined as those that
retain genetic resources necessary to undergo adaptive evolutionary change (Guerrant 1996).
Determination of a viable or self-sustaining population shall be assessed through long-term
monitoring (e.g., 5 to 1Oyears) and shall include demographic measures (e.g., the number of
individuals or viable seeds in a population is stable or increasing over time) and genetic measures
(e.g., changes in overall genetic diversity as measured against a baseline genetic profile) (Primack
1996; Falk et al. 1996). Self-sustaining populations should contain aminimum of 500 individuals to
reduce the risk of extinction from intrinsic or random events, unless research or monitoring indicates
that higher or lower population numbers are appropriate for this species. In addition, self-sustaining
populations should occur within blocks of natural habitat that are large enough (i.e., >50 acres) to
support appropriate pollinators and buffer the conserved population from edge effects.
Subregional MHCP and Carlsbad Subarea Plan Findings 195
2.
3.
4.
5.
6.
7.
discovered, naturally occurring populations and artificially initiated populations) before any
incidental take is allowed.
The MHCP narrow endemic policy must be applied to any population of this species,
including those already known and any found in the future.
All conserved populations must be managed for genetic considerations as a metapopulation.
A fire management plan must be implemented for all conserved populations to protect them
from fkequent or high-intensity fires and fire suppression activities.
Declining populations must be enhanced and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials to
existing populations, while restoration may include site-specific habitat improvement
activities. Unless analyses determine that there is no significant genetic variation between
populations, introduced plant materials must be from the parental population or a population
in proximity.
As part of the project review process (e.g. CEQA) for individual projects within the MHCP
area, a qualified biologist must survey for this species in all potential habitat areas.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
There are no known occurrences of short-leaved dudleya in the MHCP planning area. However,
there is suitable habitat of which an estimated 472 acres (75 percent) of potentially suitable
habitat for this species will be conserved in the FPA (Table 4-13). This includes some larger
blocks of intact habitat (e.g., Green Valley, Lux Canyon). In addition, 95 or 100 percent of any
newly detected localities for this species would be conserved inside the FPA and a minimum 80
percent would be conserved outside the FPA through application of the narrow endemic policy.
Additional conservation could occur through application of the critical location policy.
This plant could be indirectly impacted by the implementation of the MHCP Subregional Plan.
However, the MHCP requires the following conditions be met by a City to receive coverage for
this species: 1) Fire management plans must be implemented for all conserved populations to
promote biological goals (e.g. regeneration), while protecting individual plants and habitat from
frequent or high-intensity fires and fire suppression activities. Develop fire management
guidelines within conserved areas that incorporate controlled burns (or other fuel reduction
methods in urban areas), while limiting fire frequency and emergency access; and 2) All species-
specific monitoring and management identified in the MHCP Monitoring and Management Plan
(Volume 3) must be implemented. Thus, if this species is found within the MHCP planning area,
indirect impacts will be minimized.
The entire distribution of this San Diego County endemic plant is approximately 2.5 miles wide
by 7 miles long, in the area between Del Mar and La Jolla. Therefore, we have concluded that
the MHCP Subregional Plan will not directly impact this species since it is currently not known
to occur within the planning area. In addition, any new populations that are found will be
Subregional MHCP and Carlsbad Subarea Plan Findings 196
protected by the narrow endemic policy and the conditions for coverage described in the MHCP
Volume 2. In addition, the plan assures that all populations of short-leaved dudleya discovered
will be monitored and managed in a fashion that will detect and minimize any negative impacts
to the species. The avoidance, minimization, and/or mitigation measures identified in the MHCP
Subregional Plan will reduce any impacts that may occw to this species. Additionally, this
species will benefit from the habitat that the FPA will preserve in perpetuity. This Preserve will
be adaptively managed, per the measures included in the MHCP Subregional Plan, which will
further reduce the indirect effects and benefit the species.
Lotus nuttallianus (Nuttall’s lotus)
Nuttall’s lotus is found in coastal dunes and sandy coastal scrub. It ranges in elevation from 0 to
10 meters.
Within the MHCP, the level of survey effort for this species in the planning area is considered
relatively high. Since annual plants germinate in response to specific climatic conditions, this
species could be under represented, however, major populations of Nuttall’s lotus occw in
Oceanside (mouth of the San Luis Rey River), Carlsbad (Batiquitos Lagoon), and Encinitas (San
Elijo Lagoon). All of these populations are considered critical locations.
The MHCP will conserve at least 95 percent of point locations (6 of 8 locations are within the
FPA) and at least 92 percent of the critical locations and major populations. Of the three major,
critical populations, one will be entirely conserved within the FPA (Batiquitos Lagoon in
Carlsbad). The remaining two populations show a conservation level of 80 percent (San Luis
Rey River in Oceanside) and 96 percent (San Elijo Lagoon in Encinitas), respectively, when
overlaying the current FPA design on the location points. The critical location near the San Luis
Rey River in Oceanside occws along a strip of beach habitat outside the FPA, and is potentially
subject to tramping, invasive nonnative plans, land management activities, and edge effects
associated with recreation and development. The population in San Elijo Lagoon in Encinitas
occurs in a relatively large block of habitat, although some plants are found near the edge of this
habitat where they are potentially susceptible to edge effects, including trampling. However, all
three major populations and critical locations must meet the narrow endemic standard which
consists of totally avoiding all narrow endemic populations listed as critical, regardless of
location. Thus, the critical locations at San Elijo Lagoon and the San Luis Rey River must be
100 percent conserved. Thus, no direct impacts to the major critical populations are expected
from this plan and any newly discovered populations would receive the benefit of the narrow
endemic policy.
In addition, the MHCP Subregional Plan requires the following conditions to be met for a City to
receive coverage for this species:
1. The major population and critical locations along the San Luis Rey River in Oceanside
and at the San Elijo Lagoon in Encinitas must be conserved at a level consistent with the
critical location policy and managed as part of the preserve system.
Subregional MHCP and Carlsbad Subarea Plan Findings 197
2.
3.
The MHCP narrow endemic policy must be applied to any populations of this species,
including those already known and found in the future.
If not already established in the region by another entity, the MHCP management
program must establish a seed bank as a guarantee against extinction and to provide
source material for conservation and research activities. A seed bank must be established
within 15 years of permit issuance. Collections should be based on established guidelines
and subject to seed availability. Collected seed should be stored at an established seed
bank facility (e.g., Rancho Santa Ana Botanic Garden or San Diego Wild Animal Park).
Declining populations must be enhanced, and damaged habitat restored, if determined
necessary through monitoring. Enhancement may include introduction of plant materials
to existing populations, while restoration may include site-specific habitat improvement
activities. Unless analyses determine that there is no significant genetic variation
between populations, introduced plant materials must be from the parental population or a
population in proximity.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan shall be implemented.
4.
5.
Typical habitat for this species is coastal dunes (beach) and coastal scrub (coastal bluff scrub);
the percent conservation of these two habitats in the FPA is relatively low (9 acres, 18 percent).
However, 75 percent of the Nuttall’s lotus point localities in the planning area occur within
coastal salt marsh habitat. These locations likely represent inclusions of beach or scrub habitat
within the salt marsh that could not be differentiated due to the scale of vegetation mapping.
Nonetheless, it should be noted that conservation of salt marsh habitat is 272 acres (100 percent)
within the FPA. In addition, if new populations of Nuttall’s lotus are found, they will be
conserved according to the narrow endemic policy. Populations found in preserves will be
completely conserved and any new populations found outside the preserve and standards area
will be conserved at a minimum of 80 percent.
This plant could be indirectly impacted by the implementation of this plan. It is currently and
will continue to be vulnerable to edge effects, such as trampling and invasion of exotic species,
and vulnerable to unnatural fire regimes. However, the conditions for coverage of establishing a
seed bank, enhancing declining populations and restoring damaged habitat, and implementation
of all species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) will minimize these effects to ensure species persistence.
Nuttall’s lotus is restricted to San Diego County and northern Baja California, Mexico. The
species is now known from fewer than 10 locations in the county, including Camp Pendleton,
Oceanside (mouth of the San Luis Rey River), Carlsbad (Batiquitos Lagoon), Encinitas (San
Elijo Lagoon), the San Diego River Flood Control Channel, the D Street Fill and Marisma de
Nacion, Silver Strand, and Border Field State Park. The MHCP Subregional Plan will not
directly impact the known major populations and critical locations of Nuttall’s lotus due to the
application of the narrow endemic policy and the conditions for coverage described in the MHCP
Volume 2. In addition, the plan assures that all populations of Nuttall’s lotus will be monitored
Subregional MHCP and Carlsbad Subarea Plan Findings 198
and managed in a fashion that will detect and minimize any negative impacts to the species. The
avoidance, minimization, and/or mitigation measures identified in the MHCP Subregional Plan
will reduce any impacts that may occur to this species. Additionally, this species will benefit
from the habitat that the FPA will preserve in perpetuity. This Preserve will be adaptively
managed, per the measures included in the MHCP Subregional Plan, which will further reduce
the indirect effects and benefit the species.
Tetracoccus dioicus (Parry’s tetracoccus)
Pany’s tetracoccus occurs in chaparral and coastal sage scrub and is typically associated with
gabbro soils. It is predominantly found on dry stony slopes in elevations between 165 to 1000
meters.
The level of survey effort for this species in the planning area is considered moderate,
particularly in the northeastern portion of the planning area. Parry’s tetracoccus is known to
occur to the east and southeast, in the MSCP planning area and in the County of San Diego’s
unincorporated area. However, only one occurrence of Parry’s tetracoccus is known from the
MHCP planning area and no major populations or critical locations are identified for this species.
However, it has a high potential for occurrence in chaparral and scrub habitats in Escondido and,
possibly, San Marcos.
The MHCP Subregional Plan requires the following conditions be met for a city to receive
coverage for this species:
1. Fire management plans must be implemented for all conserved population to promote
biological goals (e.g., regeneration), while protecting individual plants and habitat from
frequent or high-intensity fires and fire suppression activities. Develop fire management
guidelines within conserved areas that incorporate controlled bums (or other fuel
reduction methods in urban areas), while limiting fire frequency and emergency access.
All species-specific monitoring and management identified in the MHCP Monitoring and
Management Plan (Volume 3) shall be implemented.
2.
At stated previously, there is only one known occurrence of this species in the MHCP planning
area and it is outside of the FPA. Due to an existing development agreement between the
landowner and City of Escondido, this population has been approved for impacts, as noted in
Escondido’s Subarea Plan. The development agreement expires in 2007 at which time
preservation may be possible. However, for purposes of the Carlsbad Biological Opinion, we are
assuming this location will be impacted. The MHCP will conserve approximately 75 percent of
potential habitat which consists mostly of relatively large habitat blocks in northeast Escondido.
If Parry’s tetracoccus is detected in the future, the MHCP preserve design and avoidance policies
are expected to conserve the majority of known locations.
Subregional MHCP and Carlsbad Subarea Plan Findings 199
This plant could be indirectly impacted by the implementation of the MHCP Subregional Plan.
However, the MHCP requires the following conditions be met by a City to receive coverage for
this species: 1) Fire management plans must be implemented for all conserved populations to
promote biological goals (e.g., regeneration), while protecting individual plants and habitat from
frequent or high-intensity fires and fire suppression activities. Develop fire management
guidelines within conserved areas that incorporate controlled bums (or other fuel reduction
methods in urban areas), while limiting fire frequency and emergency access; and 2) All species-
specific monitoring and management identified in the MHCP Monitoring and Management Plan
(Volume 3) must be implemented.
Parry‘s tetracoccus occurs in Orange, Riverside, and San Diego counties, and in Baja California,
Mexico. In San Diego County, the species occurs sporadically throughout the coastal foothills.
One location of Parry’s tetracoccus was found in the MHCP planning area in Escondido. Due to
an existing development agreement between the landowner and City of Escondido, this
population has been approved for impacts, as noted in Escondido’s Subarea Plan. However, the
proposed action will not substantially impact this species since the MHCP Subregional Plan is
not permitting the loss of the one location identified in MHCP and this is not considered a major
population or critical location. Rather, the plan is assuring that at least 75 percent of the potential
habitat for the species will be conserved and fire management and species specific management
and monitoring will be conducted for any identified occurrences.
Euphydryas editha quino (Quino Checkerspot Butterfly)
In southwestern San Diego County, the primary host plants for the Quino checkerspot butterfly
are the dot-seed plantain (Plantago erecta), however Quino checkerspots may use other species
of plantain (Plantago spp.) and annual owl’s-clover (Castilleja exserta) as primary or secondary
host plants. Another apparently important, but only recently documented, primary host plant is
white snapdragon (Antirrhinum couZterianum). The butterflies are generally found in open areas
and ecotone situations which may occur in a number of plant communities, including grasslands,
coastal sage scrub, chaparral, and sparse native woodlands. Open areas within a given vegetation
community seem to be a critical landscape feature for butterfly populations. Optimal habitat
appears to contain little or no invasive exotic vegetation, and especially, a well-developed
cryptogamic crust. In its adult stage, the Quino checkerspot uses a number of flowering plants as
nectar sources.
Currently, the Quino checkerspot may be locally extirpated from the MHCP area; however,
persistence of Quino habitat provides the opportunity for recolonization (no known localities in
database). There are currently no known major populations or critical locations in the MHCP.
Potential habitat for Quino checkerspot in the region includes vegetation communities with
relatively open areas that typically include patches of plantain (Plantago spp.) and a variety of
adult nectar sources. Owl’s clover (Castilleja spp.) is sometimes used as a secondary larval food
source. These habitats include vernal pools, lake margins, nonnative grassland, perennial
grassland, disturbed habitat, disturbed wetlands, and open areas within shrub communities.
Subregional MHCP and Carlsbad Subarea Plan Findings 200
The level of conservation for this species is difficult to assess because the species is probably
extirpated from the MHCP area, and because the fine-scale at which Quino habitat elements
occur (e.g., populations of larval host'plants) are not distinguished at the MHCP scale of
mapping. Potential habitat will be 100 percent conserved where it occurs within wetlands, such
as vernal pools, lake margins, and disturbed wetlands, based on the no-net-loss of wetlands
policy. Grasslands are 3 1 percent conserved and shrub community conservation ranges from 44
percent to 82 percent across the MHCP area. Consequently, the Quino habitat occurring in these
ecological communities is expected to be conserved at similar rates. Where specific locations of
Quino habitat are known, they should be 100 percent conserved by avoidance of impacts and
ongoing management and monitoring, consistent with the narrow endemic and critical location
policies.
However, because the FPA for MHCP is unlikely to support a viable population or contribute
significantly to species recovery, a City may only receive coverage for Quino (to cover the
unlikely event that Quino is discovered within the planning area) if the City implements actions
to support species recovery outside the planning area. Thus, the following conditions must be
met by a City in order to receive coverage for this species under the MHCP program:
1.
2.
3.
All newly discovered populations of Quino east of Interstate 15 shall be treated as critical
populations and avoided until criteria for delisting of the species have been met.
Where impacts cannot be totally avoided, larvae and possibly adults shall be salvaged for
relocation or other purposes under guidance of the wildlife agencies.
Where impacts cannot be totally avoided, they must be mitigated at appropriate MHCP
ratios for the affected vegetation communities in suitable Quino habitat outside of the
planning area, in a location that would help secure contiguous blocks of habitat identified
by the Service as important to species recovery.
If quino are discovered East of the I- 15 within the planning area, which is considered highly
unlikely, they will be avoided and treated as critical populations. They will receive all of the
benefits of preserve management and monitoring and adjacency standards to ensure the
population is not adversely affected by indirect effects.
Current information suggests that the butterfly has been extirpated from Los Angeles, Orange,
and San Bernardino Counties, as well as the MHCP planning area. The FPA for MHCP is
unlikely to support a viable population or contribute significantly to species recovery; therefore, a
City may only receive coverage for Quino (to cover the unlikely event that Quino is discovered
within the planning area) if the City implements actions to support species recovery outside the
planning area. In addition, the MHCP Subregional Plan will adequately conserve Quino if they
are discovered east of the I- 15 in the planning area by treating any newly discovered populations
as critical and avoiding impacts to such populations and, if they cannot be totally avoided, then
salvaged and mitigated appropriately outside of the planning area. If the species was found in the
City, any direct impacts would need authority for take from the Service where the Service would
Subregional MHCP and Carlsbad Subarea Plan Findings 201
analyze whether the specific action would jeopardize the species. In addition, the species would
be monitored and managed to avoid adverse indirect effects.
Scaphiopus [Spea] hammondii (Western spadefoot toad)
Western spadefoot toads are primarily found in lowlands, and frequent washes, floodplains of
rivers, alluvial fans, playas, and alkali flats; however, this species also ranges into the foothills
and mountains. This species prefers areas of open vegetation and short grasses, with sandy or
gravelly soil for burrowing. In addition, western spadefoot toads require temporary rainpools
lasting no less than three weeks and with water temperatures ranging from, 2 9 O Celsius (C) to <
30°C for successful reproduction and metamorphosis.
Under the Subarea Plan there are 8,758 acres of habitats Citywide. Approximately 7,111 acres of
the habitat within the Subarea have the potential to support western spadefoot toads based on this
species’ habitat affinities. However, portions of these habitat types may not be suitable for this
species (i.e., lack of friable soils, ponding water, and/or open vegetation), therefore the amount of
suitable habitat within the Subarea will likely be less.
Population estimates have not been completed for this species due to a lack of survey effort.
However, western spadefoot toads have been observed within the Subarea in Buena Vista
Lagoon and San Marcos Creek with no major populations or critical locations designated.
Few direct effects to the western spadefoot toad are expected from the implementation of the
MHCP Subregional and City’s subarea plan. The MHCP no-net-loss policy for wetlands will
substantially benefit this species. Therefore, all wetland functions and values within the MHCP
are expected to be 100 percent conserved. Within the FPA, 3 of 4 known location points will be
conserved. More importantly, the following conditions must be met in order for a City to receive
coverage for this species:
1. As part of the project review process (e.g., CEQA) for individual projects, a qualified
biologist will survey, using approved survey methods, all areas of the property containing
potentially suitable breeding habitat for western spadefoot toad (ephemeral ponds, vernal
pools, washes, riparian areas) or upland foraging habitat (open scrublands, woodlands,
grasslands) that is contiguous with potential breeding habitat. Surveys will also identify
any known or likely movement corridors used by toads, including existing road crossings
or culverts, bridges, or other features used by dispersing toads. They will also identify
locations where road undercrossings and fencing could be created to benefit toads by
reducing roadkill on either new or existing roadways. Surveys shall occur prior to any
proposed impact both inside and outside of the FPA. Surveys shall be conducted when
impacts to western spadefoot toad could occur as a result of direct or indirect impacts by
placement of the project in or adjacent to occupied habitat or through creation of suitable
conditions for nonnative predators (e.g., bullfrogs). All pertinent agencies (including
Department, Service, and County of San Diego Vector Control Program) will be
informed about the location of any toad populations.
Subregional MHCP and Carlsbad Subarea Plan Findings 202
2. Although western spadefoot toads is not an MHCP Narrow Endemic, all currently known
or future discovered populations will be treated consistent with the requirements of the
Narrow Endemics Policy, including the following:
a. Maximum avoidance of impacts to the degree feasible while maintaining reasonable
use of the property;
b. For unavoidable impacts, species-specific mitigation designed to minimize adverse
effects to specie viability and to contribute to species recovery; and
c. No more than 5 percent gross cumulative loss inside the FPA or 20 percent gross
cumulative loss outside the FPA.
Projects having direct or indirect impacts to the western spadefoot toad shall adhere to the
following measures to avoid or reduce impacts:
a. The removal of breeding pools, streams, and adjacent dispersal/adult burrowing areas
shall be avoided to the maximum extent practicable. Determination of adequate
avoidance and minimization of impacts shall be consistent with Sections 3.6 and 3.7
of the MHCP plan. Deviations from these guidelines shall require written
concurrence of the Service and Department. For temporary impacts, the work site
shall be returned to preexisting contours and revegetated with appropriate native
species. All revegetation shall occur at the ratios specified in Section 4.3 of the
MHCP plan. All revegetation plans shall be prepared and implemented consistent
with Appendix C (Revegetation Guidelines) and shall require written concurrence of
the Service and Department. If written objections are not provided by the wildlife
agencies within 30 days of receipt of written request for concurrence by the local
jurisdiction, then the deviation may proceed as approved by the local agency. The
wildlife agencies shall provide written comments specifjrlng wildlife agency concerns.
b. Projects proposing impacts to occupied habitat during the breeding season (January
through May) shall be required to trap emerged adults and relocate them to
appropriate, conserved habitat areas within the FPA. Trapping of larvae (tadpoles)
and juveniles shall be required if they are found in breeding pools. Captured larvae or
juveniles shall be relocated to appropriate, conserved habitat areas within the FPA.
c. Projects shall be carried out consistent with Appendix B (Standard Best Management
Practices).
d. Project-construction vehicle travel shall be limited to daylight hours, as western
spadefoot toad use roadways primarily during nighttime hours. New roads adjacent to
occupied toad habitat shall include provisions for barriers to minimize traffic
mortality. Culverts and fencing designed to hnnel toads through culverts shall be
included within the road design to allow safe crossings between potential habitat areas
(including both wetland breeding areas and upland foraging areas). Culverts and
fences will be located to maximize value to toads, unless this is totally precluded by
engineering constraints, in which case the biologically most beneficial design that is
feasible will be implemented.
e. Projects that cannot be conducted without placing equipment or personnel in sensitive
habitats shall be timed to avoid the breeding season of the western spadefoot toad
when eggs and tadpoles are present.
3.
Subregional MHCP and Carlsbad Subarea Plan Findings 203
f. Silt fencinddrift fence and pitfall traps shall be installed around the impact area
adjacent to occupied western spadefoot toad habitat at least 21 days prior to impact to
minimize access by toads and to allow for removal of western spadefoot toad from the
impact area. A biologist experienced with the identification, handling, and ecology of
toads shall implement and oversee proper execution of the toad exclusion fencing,
relocation efforts, and monitoring. The exclusion fencing shall be maintained until
the completion of all construction activities within or adjacent to occupied western
spadefoot toad habitat. For the duration of construction, the enclosure shall be
surveyed on a daily basis early in the morning and any toads that may have breached
the fencing shall be relocated.
g. Bullfrogs and other exotic species that prey upon or displace toads should be removed
from the site as part of an ongoing management plan.
Western spadefoot toad populations within the FPA shall be managed to provide adjacent
adult burrowing habitat, control of predatory or competing nonnative species such as
bullfrogs and mosquito-fish, and control of water pollution and nonnative vegetation in
the breeding pools and adjacent burrowing habitat. Activities that may degrade habitat
value will be precluded, including draining of wetlands, mosquito control, livestock
grazing, off-road vehicle activity, and degradation of water quality. Management will
actively coordinate with any pertinent Vector Control programs to develop methods to
minimize impacts on spadefoot toads and their habitat, such as changing the timing of any
pesticide spraying or use of other alternative control techniques.
Wetlands that contain suitable, unoccupied breeding habitat areas within the FPA will be
delineated and protected fi-om development or uses that negatively affect runoff and
ponding processes to ensure adequate ponding during normal (e.g., not El Nino) rain
years. These areas shall be the recipient areas for relocation efforts for approved projects
that impact occupied western spadefoot toad habitat.
Any wetlands created for mitigation for impacts to wetlands occupied by western
spadefoot toads must be demonstrated to be capable of supporting the species prior to
impacts, to ensure no-net-loss of occupied breeding habitat.
3.
4.
5.
The Subarea plan does not provide specific conservation measures for this species; however, the
conditions for coverage in the MHCP as described above will substantially reduce the indirect
effects described above. Thus, as a result of the measures incorporated into the MHCP
Subregional Plan, we anticipate few indirect impacts to this species.
This species has been extirpated fi-om many locations within its range; however, the species still
persists in Orange, Riverside, San Diego, and Glenn counties. Western spadefoot toad
population numbers and densities are not currently known because insufficient data is available
on the species’ normal population dynamics and on habitat characteristics that correlate with
density. Limited available data suggest that spadefoot populations are sometimes large and may
include aggregations of up to 1,000 chorusing males. The MHCP Subregional Plan may
adversely affect the western spadefoot toad. However, few direct effects to the western
spadefoot toad are expected from the implementation of the MHCP Subregional Plan because all
Subregional MHCP and Carlsbad Subarea Plan Findings 204
wetland functions and values within the MHCP are expected to be 100 percent conserved;
therefore, the MHCP no net loss policy for wetlands will substantially benefit this species. In
addition, the plan assures that impacts to breeding and upland habitat will be avoided, minimized
and mitigated appropriately through the non net loss of wetland policy and the wetland buffer
policy.
Bufo californicus (Arroyo toad)
Arroyo toads require shallow, slow-moving streams, and riparian habitats that have natural
flooding regimes which maintain areas of open, sparsely vegetated, sandy stream channels and
terraces. Stream order, elevation, and floodplain width are important factors in determining the
size and long-term viability of a population of arroyo toads. Streams with the greatest potential
to support self-sustaining populations are typically of a high stream order (ie., 3rd to 6th order), at
low elevations (below 3,000 feet), with wide floodplains. Optimal breeding habitat consists of
low gradient stream reaches that have shallow pools with fine textured substrates (i.e., sand or
gravel). Upland habitats used by arroyo toads during both the breeding and non-breeding seasons
include alluvial scrub, coastal sage scrub, chaparral, grassland, and oak woodland. Arroyo toads
have also been found in agricultural fields.
Documented arroyo toad locations are lacking for the MHCP area, except for one recent record
outside the FPA near the eastern boundary of Oceanside. No major populations or critical
locations have been identified in the MHCP planning area. It is possible that the species may be
functionally extirpated from the MHCP planning area.
Arroyo toads are not believed to be present within the City of Carlsbad, based on the lack of
available habitat and the absence of observations.
No critical habitat for the arroyo toad was designated within the City. However, critical habitat
was designated within the MHCP planning area outside of the City.
1,375 acres of arroyo toad critical habitat are designated within the MHCP planning area. More
specifically, all of the critical habitat is located in the City of Oceanside from the San Luis Rey
flood control channel to the eastern boundary of the City of Oceanside and the San Luis Rey
River. Three hundred twelve acres are located within the FPA for the City of Oceanside.
Although the entire San Luis Rey River throughout the City of Oceanside consists of either a pre-
approved mitigation area, publidagency ownership, hardline preserve, or mitigation bank, the
1,063 acres not within the FPA are within suitable upland habitat necessary for arroyo toad
movement, burrowing and estivation.
All potential breeding habitat within the MHCP will be 100 percent conserved based on the no-
net-loss policy of the MHCP. However, the fluvial processes that create and maintain the sand
Subregional MHCP and Carlsbad Subarea Plan Findings 205
and gravel bars required for breeding are not protected by this plan. Furthermore, few riparian
corridors in the planning area are buffered by sufficient upland habitats to ensure that all life
requisites can be met, and some such areas may be insufficiently conserved within the FPA.
In addition to the wetland avoidance, minimization, and mitigation policies, the MHCP requires
the following species specific conditions be met for a city to receive coverage for this species:
1. As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, a qualified biologist possessing a Section 10(a)l(A) research permit for this
species must survey all areas of the property containing potentially suitable breeding
habitat for arroyo toads, including but not limited to survey areas included on the MHCP
Database Records Map, which shows potential suitable arroyo southwestern toad habitat,
or upland foraging habitat that is contiguous with potential breeding habitat. Surveys
shall be conducted by a qualified biologist using approved survey protocol. Surveys shall
occur prior to any proposed impact as part of the project review process (e.g., CEQA
process) both within and outside of the FPA. Surveys shall be conducted when impacts
to arroyo toad could occur as a result of indirect impacts by placement of the project
adjacent to occupied habitat or through creation of suitable conditions for nonnative
predators (e.g., bullfrogs, freshwater game fish).
Any newly found population with more than 25 adults shall be treated consistent with the
Critical Population Policy (Appendix D), including:
a. Maximum avoidance of impacts, to the degree feasible while maintaining
reasonable use of the property;
b. For unavoidable impacts, species-specific mitigation designed to result in no-net-
loss in species viability and to contribute to species recovery; and
c. No more than 5 percent gross cumulative loss, regardless of location inside or
outside of the FPA.
Arroyo toad populations within the FPA shall be managed to provide adjacent adult
burrowing habitat, control of predatory or competing nonnative species such as bullfrogs
and mosquito-fish, and control of water pollution and nonnative vegetation in the
breeding pools and adjacent burrowing habitat. Activities that may degrade habitat value
will be precluded, including draining of wetlands, mosquito control, livestock grazing,
off-road vehicle activity, and degradation of water quality. Management will actively
coordinate with any pertinent Vector Control programs to develop methods to minimize
impacts on arroyo toads and their habitat, such as changing the timing of any pesticide
spraying or use of other alternative control techniques.
Sufficient upland foraging habitat shall be conserved and managed adjacent to any newly
found population to promote continued viability of the population. “Sufficient Upland
Foraging Habitat” shall be defined as all natural habitat or agricultural land contiguous
with and within 1 kilometer (0.6 mile) of the edge of suitable breeding habitat, excluding
habitat patches not expected to be reachable by toads due to intervening development or
movement barriers (e.g., large or heavily traveled roads). Conservation of less than 1
kilometer (0.6 mile) of contiguous foraging habitat shall require Service and Department
2.
3.
4.
Subregional MHCP and Carlsbad Subarea Plan Findings 206
written concurrence within 30 days of receipt of written request for concurrence by the
local jurisdiction.
Suitable unoccupied habitat preserved within the FPA shall be managed to maintain or
mimic effects of natural fluvial processes (e.g., periodic substrate scouring and
deposition) and to maintain suitable low-gradient sandy stream habitat. Applicable
Regional Water Quality Control Board criteria shall be adhered to.
Natural riparian connections with upstream riparian habitat shall be maintained to ensure
linkage to suitable occupied and unoccupied habitat within the MHCP, County MSCP
North Segment, and City of San Diego MSCP Subarea Plan.
Projects impacting occupied arroyo toad habitat, or potential habitat contiguous with and
within 1 kilometer (0.6 mile) of occupied habitat, shall adhere to the following measures
to avoid or reduce impacts:
a.
5.
6.
7.
The removal of native vegetation and habitat shall be avoided and minimized to
the maximum extent practicable. Determination of adequate avoidance and
minimization of impacts shall be consistent with Sections 3.6 and 3.7 of the
MHCP plan. Deviations from these guidelines shall require written concurrence
of the Service and Department. For temporary impacts, the work site shall be
returned to preexisting contours and revegetated with appropriate native species.
All revegetation shall occur at the ratios specified in Section 4.3 of the MHCP
plan. All revegetation plans shall be prepared and implemented consistent with
Appendix C (Revegetation Guidelines) and shall require written concurrence of
the Service and Department. If written objections are not provided by the wildlife
agencies within 30 days of receipt of written request for concurrence by the local
jurisdiction, then the deviation may proceed as approved by the local agency. The
wildlife agencies shall provide written comments specifying wildlife agency
concerns.
All habitat destroyed that is not in the approved project footprint shall be
disclosed immediately to the jurisdictional city, Service, and Department, and
shall be compensated at a minimum ratio of 5 : 1.
Projects shall be carried out consistent with Appendix B (Standard Best
Management Practices).
Project-construction vehicle travel shall be limited to daylight hours, as arroyo
toads use roadways primarily during nighttime hours. New roads adjacent to
occupied toad habitat shall include provisions for barriers to minimize traffic
mortality. Culverts and fencing designed to funnel toads through culverts shall be
included within the road design to allow safe crossings.
Projects shall be designed to avoid the placement of equipment and personnel .
within the stream channel or on sand and gravel bars, banks, and adjacent upland
habitats used by arroyo toads.
Projects that cannot be conducted without placing equipment or personnel in
sensitive habitats shall be timed to avoid the breeding season of the arroyo toad
(generally March through August) when eggs and tadpoles are present. To
minimize further effects to breeding populations and to reduce sedimentation and
b.
c.
d.
e.
f.
Subregional MHCP and Carlsbad Subarea Plan Findings 207
erosion, such projects shall be timed so that work within or near the stream
channel is conducted during the dry season when flows are at their lowest or are
nonexistent.
Silt fencingdrift fence and pitfall traps shall be installed around the impact area
adjacent to occupied arroyo toad habitat at least 21 days prior to impact to
minimize access by toads and to allow for removal of arroyo toads from the
impact area. A permitted biologist experienced with the identification, handling,
and ecology of the arroyo toad shall implement and oversee proper execution of
the toad exclusion fencing, relocation efforts, and monitoring. The exclusion
fencing shall be maintained until the completion of all construction activities
within or adjacent to occupied arroyo toad habitat. For the duration of
construction, the enclosure shall be surveyed on a daily basis early in the morning,
and any toads that may have breached the fencing shall be relocated.
Bullfrogs and other exotic species that prey upon or displace arroyo toad shall be
removed from the site as part of an ongoing management plan.
To minimize injury to or mortality of individual arroyo toads, the Service may
authorize qualified project biologists to relocate individual arroyo toads to nearby
suitable habitat. Authorization will be granted only to jurisdictions with signed
implementing agreements and issued permits that cover arroyo toads and will
require coordination with the wildlife agencies and written concurrence.
Require road projects (including new roads or improvements to existing roads)
passing within 1 kilometer (0.6 mile) of known breeding habitats to consider,
based on an appropriate, site-specific biological study approved by the wildlife
agencies, whether creating underpasses and associated toad fencing would benefit
toad populations in the area. Where there would be benefits to allowing toads
safe dispersal routes across roads, appropriately designed underpasses and
associated toad fencing shall be constructed as part of the project.
g.
h.
i.
j-
Indirect impacts are not anticipated, however considering a future presence the implementation
of the Subarea plan may have the potential to cause adverse affects to arroyo toads within the
Subarea. These indirect impacts include night lighting, human disturbance, depredation by
domestic pets, and habitat degradation, as generally explained and applicable in the “General
Indirect Effects” section.
The current distribution of the arroyo toad in the United States is from the Salinas River Basin in
Monterey County, south to the Tijuana River and Cottonwood Creek Basin along the Mexican
Border. Documented arroyo toad locations are lacking for the MHCP area, except for one recent
record outside the FPA near the eastern boundary of Oceanside. No major populations or critical
locations have been identified in the MHCP planning area. It is possible that the species may be
functionally extirpated from the MHCP planning area. The MHCP Subregional Plan may
adversely affect the arroyo toad because the fluvial processes that create and maintain the sand
and gravel bars required for breeding are not protected by this plan. Furthermore, few riparian
corridors in the planning area are buffered by sufficient upland habitats to ensure that all life
Subregional MHCP and Carlsbad Subarea Plan Findings 208
requisites can be met, and some such areas may be insufficiently conserved within the FPA.
However, the plan assures that impacts to breeding and upland habitat will be avoided,
minimized and mitigated appropriately. Therefore, impacts to this species will be adequately
offset because no major or critical populations are known to occur, and may be functionally
extirpated, in the MHCP planning area; the plan assures that breeding and upland habitat will be
avoided, minimized, and mitigated appropriately; any newly found population with more than 25
adults shall be treated consistent with the Critical Population Policy; and new populations will be
managed and monitored consistent with MHCP conditions.
We have determined that the MHCP Subregional Plan may adversely affect arroyo toad critical
habitat. However, the critical habitat will be able to remain functional to ensure species
conservation based on the following: 1) all breeding habitat within the MHCP planning area
would be protected through the wetland protection program; 2) any newly found population with
more than 25 adults will be treated consistent with the Critical Population Policy; 3) sufficient
upland foraging habitat (natural habitat or agricultural land contiguous with and within 1
kilometer (0.6 mile) of the edge of suitable breeding habitat) will be conserved and managed
adjacent to any newly found population to promote continued viability of the population;
4) suitable unoccupied habitat preserved within the FPA will be managed to maintain or mimic
effects of natural fluvial processes and to maintain suitable low-gradient sandy stream habitat;
5) projects impacting occupied arroyo toad habitat, or potential habitat contiguous with and
within 1 kilometer (0.6 mile) of occupied habitat, are required to avoid or reduce impacts by
implementing the 10 measures described in the direct effects section.
Clemmys murmoruta pallidu (Southwestern pond turtle)
The southwestern pond turtle inhabits slow moving permanent or intermittent streams, small
ponds, small lakes, reservoirs, abandoned gravel pits, permanent and ephemeral shallow
wetlands, stock ponds, and sewage treatment lagoons. Pools are the preferred habitat within
streams. Abundant logs, rocks, submerged vegetation, mud, undercut banks, and ledges are
necessary habitat components for cover as well as a water depth greater than 2 meters.
Additionally, emergent basking sites, emergent vegetation and the availability of suitable
terrestrial shelter and nesting sites seem to characterize optimal habitat. Adjacent upland areas
typically provide overwintering and estivation sites.
Under the Subarea Plan there are 8,758 acres of habitats Citywide, of which 1,940 acres could
potentially provide suitable habitat. The actual amount of fresh water habitat in the Subarea is
unknown.
Currently, there is only one documented observation of the southwestern pond turtle occurring in
the Subarea at Buena Vista Lagoon. The size and extant of this population is unknown due to a
lack of survey effort. This subspecies is limited to freshwater ecosystems and can therefore only
disperse through suitable habitat corridors. There is limited connectivity potential from the
population’s current location.
Subregional MHCP and Carlsbad Subarea Plan Findings 209
Based on habitat affinity, there is potential for this subspecies to be present in other freshwater
habitats. However, no other populations have been documented elsewhere in the Subarea and it
is improbable that there are any. The population within Buena Vista Lagoon is considered a
major population area in a critical location. Within the MHCP, there have been other
observations documented in Escondido Creek, Pilgrim Creek, and the San Luis Rey River.
The preserve design provides for conservation of 494 (86 percent) riparian, and 1252 acres (92
percent) marsh, with anticipated impacts to 80 acres (14 percent) riparian, and 114 acres (8
percent) marsh as a result of this plan. Direct impacts to this subspecies is unknown based on the
lack of defined freshwater habitat amounts within the Subarea. However, we anticipate few
direct impacts to this species based on the limited amount of freshwater habitat and the lack of
development proposed in this type of habitat.
The Subarea plan does not provide specific conservation measures for this species; however, the
MHCP requires the following conditions be met for this species to be covered:
1. As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, a qualified biologist must survey all areas of the property containing or
adjacent to suitable aquatic habitat (streams, ponds, riparian, and marsh areas) for this
species. Impacts proposed in natural upland vegetation that is contiguous with and within
1,500 feet of potential aquatic habitats may affect turtle nests or hibernating turtles.
Consequently, whenever possible, potential suitable habitats within 1,500 feet of the
proposed impact area shall be surveyed, unless this adjoining habitat can be demonstrated
not to be appropriate for nesting or hibernating. Surveys shall be conducted during the
presumed active period (March through October) prior to any proposed impact as part of
the project review process (e.g., CEQA process) both within and outside of the FPA. Any
report of a pond turtle observed during the initial survey shall require a follow-up
intensive trapping study to determine if breeding is occurring. Evidence of breeding shall
include individuals representing multiple-year classes, presence of adult male and female
turtles, or nest locations.
Avoid and minimize impacts to critical breeding locations, including at Buena Vista
Lagoon, Escondido Creek, and the San Luis Rey River. Although western pond turtle is
not an MHCP Narrow Endemic, all currently known or future discovered populations will
be treated consistent with requirements of the Narrow Endemics Policy, including the
following:
a.
b.
c.
Any identified pond turtle breeding area, including aquatic, riparian, marsh, and
associated uplands, shall be delineated and conserved. The breeding area shall be
conserved such that the full range of life activities can continue at an equivalent level,
2.
maximum avoidance of impacts, to the degree feasible while maintaining
reasonable use of the property;
for unavoidable impacts, species-specific mitigation designed to minimize adverse
effects to species viability and to contribute to species recovery; and
no more than 5 percent gross cumulative loss inside the FPA or 20 percent gross
cumulative loss outside the FPA.
3.
Subregional MHCP and Carlsbad Subarea Plan Findings 210
preferably through avoidance/minimization of impacts to the site. Sufficient upland
nestingkibernating habitat shall be provided adjacent to occupied turtle habitat on a case-
by-case basis and shall require the written concurrence of the Service and Department
within 30 days of receipt of request for written concurrence from the local jurisdiction.
Projects having direct or indirect impacts to the southwestern pond turtle shall adhere to
the following measures to avoid or reduce impacts:
a. The removal of native vegetation and habitat shall be avoided and minimized to
the maximum extent practicable. Determination of adequate avoidance and
minimization of impacts shall be consistent with Sections 3.6 and 3.7 of the
MHCP plan. Deviations from these guidelines shall require written concurrence
of the Service and Department. For temporary impacts, the work site shall be
returned to preexisting contours and revegetated with appropriate native species.
All revegetation shall occur at the ratios specified in Section 4.3 of the MHCP
plan.. All revegetation plans shall be prepared and implemented consistent with
Appendix C (Revegetation Guidelines) and shall require written concurrence of
the Service and Department. If written objections are not provided by the wildlife
agencies within 30 days of receipt of written request for concurrence by the local
jurisdiction, then the deviation may proceed as approved by the local agency. The
wildlife agencies shall provide written comments specifjmg wildlife agency
concerns.
Projects shall be implemented consistent with Appendix B (Standard Best
Management Practices).
Projects shall avoid or minimize placement of equipment and personnel within the
stream and adjacent natural habitats in known turtle locations.
If necessary and acceptable to the wildlife agencies, turtles shall be captured and
held in an approved facility until the site is restored and acceptable for
reintroduction.
Individuals found in areas that are determined to be nonbreeding sites may be
relocated to unoccupied, appropriate breeding areas within the MHCP preserve.
4.
b.
c.
d.
e.
Known breeding populations and areas shall be included in the MHCP monitoring
protocol.
5.
As a result of the measures incorporated into the MHCP Subregional Plan, we anticipate few
indirect impacts to this species. '
The southwestern pond turtle is a wide ranging species from south of San Francisco Bay to
northern Baja California, Mexico, and integrates with the northwestern pond turtle (C.m.
marmorata) over a large area in central California. Isolated populations are known to exist as far
into the Mojave Desert as Afton Canyon, and in the Amargosa River, County of Los Angeles.
Fifty-three of 255 sites inspected contained pond turtles, the distribution of these sites follows:
25 in Ventura County, 10 in Los Angeles County, 8 in San Diego County,4 in Orange County, 3
in southwestern San Bernardino County, and 3 in western Riverside County. Within the MHCP,
there have been observations documented in Escondido Creek, Pilgrim Creek, the San Luis Rey
Subregional MHCP and Carlsbad Subarea Plan Findings 21 1
River, and Buena Vista Lagoon, which is considered a major population area in a critical
location. The MHCP Subregional Plan may adversely affect the southwestern pond turtle, but
direct impacts to this subspecies are unknown based on the lack of defined freshwater habitat
amounts within the MHCP. However, we anticipate few direct impacts to this species based on
the limited amount of freshwater habitat and the lack of development proposed in this type of
habitat. In addition, the plan assures that impacts to breeding and upland habitat will be avoided,
minimized and mitigated appropriately.
Phrynosoma coronatum bZainviZZei (San Diego horned lizard)
This species is found in a wide variety of vegetation types including coastal sage scrub, annual
grassland, chaparral, oak woodland. In inland areas, this species is restricted to areas with
pockets of open microhabitat, created by disturbance (e.g., floods, fire, roads, grazed areas, fire
breaks). The known elevation range of this species is from 10 meters at the El Segundo dunes
(Los Angeles County) to approximately 2,130 meters at Tahquitz Meadow, on San Jacinto
Mountain, in Riverside County. The San Diego horned lizard is thought to intergrade with P. c.
frontaZe in extreme southern Kern county and northern Santa Barbara, Ventura, and Los Angeles
counties.
Documented San Diego homed lizard locations within the MHCP area include scattered
sightings in east Oceanside, Carlsbad, south Encinitas, southwest San Marcos, and southwest
Escondido (near Harmony Grove). There are 34 location points identified in the MHCP,
however, none are major or critical populations. There are over 24,000 acres of habitat that are
of suitable type for the San Diego homed lizard, however, a substantial portion of this acreage
would not meet this species habitat affinities..
Observations have been reported in the City of Carlsbad at La Costa Parks, Carlsbad Oaks North,
and Calavera Hills. However, recent indirect effects fi-om housing developments in these areas
has potentially resulted in significant adverse impacts to the populations through increased edge
effects and habitat removal. There is currently a minimal amount of habitat available for this
subspecies within the Subarea, however, there are a total 8,758 acres of habitat of the suitable
type Citywide. Only approximately 6,560 acres of existing habitat within the Subarea have the
potential to support San Diego horned lizards based on this species’ habitat affinities.
Database information suggests that populations of San Diego horned lizards outside of the
Subarea are much larger.
Effects of the Action
Direct Effects
The MHCP requires the following conditions be met in order for a City to receive coverage for
this species:
Subregional MHCP and Carlsbad Subarea Plan Findings 212
6. Conserve at least one additional habitat block within the study area that is large enough
(at least 400 acres), and low enough in edge effects and habitat degradation, to sustain a
viable population of homed lizards.
Institute an aggressive and proactive management and monitoring program designed to
control Argentine ants, maintain native ant species relied upon by homed lizards, and
translocate or reintroduce homed lizards into preserve areas from which it is extirpated to
maintain a functional metapopulation within the MHCP study area in perpetuity.
7.
In addition to meeting the above standards, the MHCP will conserve 65 percent of the known
location points and 14,521 acres of appropriate habitat types.
The preserve design for the City provides for conservation of 2,119 acres (64 percent) of coastal
sage scrub, 676 acres (70 percent) chaparral, 333 acres (85 percent) southern maritime chaparral,
25 acres (86 percent) oak woodland, and 707 acres (38 percent) grassland, with anticipated
impacts to 1,196 acres (36 percent) coastal sage scrub, 292 acres (30 percent) chaparral, 59 acres
(1 5 percent) southern maritime chaparral, and 2 acres (9 percent) oak woodland, as a result of
this plan. San Diego homed lizards may utilize portions of the above mentioned habitats during
their life history.
Anticipated direct effects to this subspecies will result from the elimination of 2,698 acres (41
percent) of suitable habitat through the implementation of the Subarea plan. An unknown
number of San Diego homed lizards will be displaced or killed through this action. However, the
San Diego homed lizard is not likely to be present within the Subarea based on the lack of
currently unfragmented habitat that is large enough to support the subspecies.
Direct impacts to San Diego homed lizards may result from the allowance of activities in
preserve areas, such as construction and use of trail networks, roads, other recreational use areas,
fire management techniques, and landscaping of adjacent properties.
Indirect impacts are anticipated with the implementation of the MHCP and Subarea plan, and
have the potential to cause adverse effects to San Diego homed lizards within the Subarea.
These indirect impacts include night lighting, human disturbance, depredation by domestic pets,
and habitat degradation, as generally explained and applicable in the “General Indirect Effects”
section.
The San Diego horned lizard is a historically wide ranging species that appears to have
disappeared from approximately 45 percent of its range in southern California, in particular on
the coastal plain where it was once common, and in riparian and coastal sage scrub habitats on
the old alluvial fans of the southern California coastal plain. Most surviving populations inhabit
upland sites with limited optimal habitat. The MHCP Subregional Plan may adversely affect the
San Diego homed lizard. However, the MHCP subregional plan assures that impacts to breeding
and upland habitat will be avoided, minimized and mitigated appropriately. In addition, there are
Subregional MHCP and Carlsbad Subarea Plan Findings 213
no critical or major populations in the MHCP, including the City, and the MHCP and City are
conserving 58 percent of the species potential habitat.
AquiZa chrysaetos (Golden eagle)
Range-wide, golden eagles occur locally in open country (e.g., tundra, open coniferous forest,
desert, barren areas), especially in hills and mountainous regions. Within southern California,
the species “favors grasslands, brushlands, deserts, oak savannas, open coniferous forests, and
montane valleys. It uses rolling foothills and mountain terrain, wide arid plateaus deeply cut by
streams and canyons, open mountain slopes, and cliffs and rock outcrops. Habitat is typically
rolling foothills, mountain areas, sage-juniper flats, and desert within its range in California. The
species requires a large expanse for foraging and suitable nest sites in the form of cliffs or large
trees. Nesting is primarily restricted to rugged, mountainous country. Secluded cliffs with
overhanging ledges and large trees are used for cover. Thus, the golden eagle uses a variety of
habitats: Golden eagles in San Diego County use cliffs or trees in rugged terrain for nesting, and
forage over plains, grasslands, or low and open shrublands.
Golden eagles are typically not found in heavily forested areas or on the immediate coast and are
almost never detected in urbanized environments. During the winter season, the golden eagle is
found in shrub-steppe vegetation and may use wetlands, river systems and estuaries in the coastal
areas.
The City of Carlsbad is not requesting coverage for impacts to golden eagle. The species has
been observed near Buena Vista Lagoon, in northeastern Carlsbad (Calavera Butte area), on the
Tchang property in eastern Carlsbad, and southeastern Carlsbad (Shelley property). The Shelley
property is approximately 7 kilometers from a known golden eagle nest location.
The City contains 8,758 acres of undeveloped wildlife habitat, including 3,3 15 acres of coastal
sage scrub, 968 acres of chaparral, 392 acres of southern maritime chaparral, and 1,856 acres of
grassland, all of which may be used by foraging eagles.
No take of individuals or nests, including by harassment is allowed for this species. Overall, the
MHCP Subregional Plan will conserve approximately 5 1 percent of potential foraging habitats
(Coastal sage scrub and grasslands). Much of the habitat loss will occur in habitat fragments that
are no longer suitable for golden eagle foraging. The one extant nesting area, and most of that
pair’s core foraging area, will be conserved in the Del Dios area of Escondido.
The MHCP requires the following conditions be met by a City to receive coverage for this
species:
1. Maintain a 4,000-foot disturbance avoidance radius around any nest locations, including
currently used locations and any historically active nest locations that could be used again
in the future, as determined by species experts. Absolute buffers of less than 4,000 feet
(but not less than 3,000 feet) may be allowed if topography effectively blocks the line of
Subregional MHCP and Carlsbad Subarea Plan Findings 214
sight between the nest location and any proposed human development, and provided that
the situation prevents any disturbance (including noise, artificial light, recreational access,
etc.) from being perceivable by eagles at the nest site, as determined by species experts
with experience monitoring golden eagle nesting pairs in San Diego County (e.g., golden
eagle researchers at the Wildlife Research Institute [WRI]).
Reserve lands within 4,000 feet of nesting locations (including current and historically
active locations), or within habitat areas identified as “primary foraging areas” by golden
eagle experts (e.g., WRI) must be managed to restrict any activities that could disturb
eagles during their normal nesting, loafing, foraging or other activities (including hiking,
mountain biking, or off-road vehicle use). Existing roads that allow access within 4,000
feet of active nests will be closed to the public, including a dirt road in the Del Dios area
that passes near the currently occupied nest site.
No poisoning of ground squirrels or other wildlife, or other use of pesticides, will be
allowed within primary foraging areas or within 4,000 feet of known occupied or historic
nests within occupied territories.
2.
3.
Implementation of the above conditions is expected to reduce the potential for indirect effects
(primarily those due to human disturbance) to golden eagles.
The golden eagle has a holarctic distribution, extending as far south as north Africa, Arabia, and
the Himalayas in the Old World, and Mexico in America. Within California the golden eagle is
an uncommon permanent resident and migrant throughout California, except center of Central
Valley. The golden eagle population in San Diego County is one of the best-studied populations
in North America, with nesting pairs monitored and documented nearly continuously since 1895.
No take of individuals or nests, including by harassment, is allowed for this species; however,
the plan can indirectly adversely affect this species. The avoidance, minimization, and/or
mitigation measures included in the MHCP Subregional Plan will adequately offset the impacts
to this species because the MHCP Subregional Plan will conserve approximately 5 1 percent of
potential foraging habitats (coastal sage scrub and grasslands) and much of the habitat loss will
occur in habitat fragments that are no longer suitable for golden eagle foraging. The one extant
nesting area, and most of that pair’s core foraging area, will be conserved in the Del Dios area of
Escondido. There are no major or critical populations or critical foraging areas in the City and no
take of the species will occur.
Campylorhynchus brunneicapillus cousei (Coastal cactus wren)
Preferred habitat is dense coastal sage scrub 0.3-1.8 meters in height with patches of Opuntia.
Most nests are constructed between 1-2.5 meters above the ground surface and have been
observed as high as 5 meters above ground level. Coastal cactus wrens nest almost exclusively
in prickly pear (Opuntia littoralis and 0. oricola) and coastal cholla (0. prolifera). Coastal
cholla is the typical choice in southern San Diego County, where large prickly pears are scarce.
Subregional MHCP and Carlsbad Subarea Plan Findings 215
Within the MHCP planning area, a major population and critical location occurs in San Pasqual
Valley and extends west along the slopes above Lake Hodges in Escondido. Another isolated
observation site, on the north shore of Batiquitos Lagoon, is no longer extant. Suitable habitat is
limited in the MHCP area due to the lack of stands of tall cactus within the remaining coastal
sage scrub habitat. The area of suitable habitat in Escondido along San Pasqual Valley and Lake
Hodges is large enough to support a substantial number of cactus wren pairs. The species has
been documented near the slopes on the north side of Batiquitos Lagoon in southwestern
Carlsbad.
The MHCP narrow endemic policy requires that cactus wren locations and suitable habitat are 95
percent to 100 percent conserved inside the FPA, and 80 percent conserved outside the FPA All
34 point localities are within the FPA. These points correspond with the only major populations
and critical habitat locations in the MHCP and occur primarily on south-facing slopes on the
north side of the San Pasqual Valley. The habitat in these critical locations is partially within
softline areas (75 percent conservation) and partially in hardline areas (1 00 percent conservation).
Therefore, according to the narrow endemic policy, all points and habitat here are assumed to be
conserved at 95 to 100 percent.
The point location indicated in the Service’s GIs database within the City is outside the preserve,
and would be presumed impacted. However, the point is not within typical cactus wren habitat,
and should be considered anomalous. Nearly all of the potential cactus wren habitat (coastal sage
scrub with tall cholla) on the slopes north of Batiquitos Lagoon is included in the preserve.
The MHCP requires the following conditions be met for a City to receive coverage for this
species:
1. Ensure conservation of critical cactus wren locations near the San Pasqual Valley
consistent with the Narrow Endemic and Critical Location policies including:
a. maximum avoidance of impacts, to the degree feasible while maintaining
reasonable use of the property;
b. for unavoidable impacts, implement species-specific mitigation designed to
minimize adverse effects to species viability and to contribute to species recovery;
and
allow no more than 5 percent gross cumulative loss of cactus wren habitat and
population size inside the FPA or 20 percent gross cumulative loss outside the
FPA.
Initiate a cactus wren habitat enhancementlcreation program in disturbed habitat areas
adjacent to conserved coastal cactus wren-occupied habitat. Mitigation for any take
within occupied cactus wren habitat must include habitat creation at a minimum 2: 1 ratio,
by planting or transplanting of appropriate native cactus in areas of suitable soils,
vegetation, and topography (especially on south and west-facing slopes). Preference
should be for expanding existing habitat areas or adding satellite areas in close proximity
to existing occupied habitats.
c.
2.
Subregional MHCP and Carlsbad Subarea Plan Findings 216
3. Implement a fire management program to minimize and control wildfires that may
destroy large cactus within suitable habitat areas. In the event of a fire or other event that
kills or reduces vigor of cactus in existing habitats, adaptive management shall include
planting or transplanting of large cactus into these or other nearby areas to offset the
reduction in habitat value.
Prohibit development or other human disturbance adjacent to occupied habitat and
maintain a minimum 300-foot biological buffer around nests to the degree feasible.
Prohibit activity within occupied habitat fiom February 15 through August 15.
4.
Implementation of the above measures would be expected to reduce indirect impacts to this
species in or near occupied areas in the MHCP.
This subspecies occurs in coastal sage scrub in southern Orange County to northwestern Baja
California. Within the MHCP planning area, a major population and critical location occurs in
San Pasqual Valley and extends west along the slopes above Lake Hodges in Escondido.
However, suitable habitat is limited in the MHCP area due to the lack of stands of tall cactus
within the remaining coastal sage scrub habitat. The MHCP Subregional Plan will directly and
indirectly affect this species as described in the analyses above. However, the narrow endemic
and critical location policy will avoid at least 95 percent of the known locations and the
avoidance, minimization, and/or mitigation measures included in the MHCP Subregional Plan
will reduce the impacts to any new locations and the remaining 5 percent in the critical location.
Additionally, this species will benefit from the establishment and preservation in perpetuity of a
system of interconnected blocks of habitat in the MHCP planning area. This Preserve will be
adaptively managed, per the measures included in the MHCP Subregional Plan, which will
further reduce the indirect effects and benefit the species. No take of the known species locations
within the City are expected to occur due to the FPA and wetlands no-net-loss and buffer policy.
There are also no major or critical populations of this species in the City.
Sialia mexicana (Western bluebird)
The western bluebird is a bird of edge habitats. The species’ habitat requirements combine the
need for trees supplying lookout perches and nest holes with open country for foraging. This
may include parklands that have trees with lawns or other open areas. Open coniferous, wooded
riparian areas, moderately logged forests and farmlands are the preferred habitats of this species.
In southern California this species breeds primarily in open oak woodlands and coniferous
forests; they are rarely found in large agricultural areas or desert during breeding season.
Western bluebirds may also use sycamore-dominated riparian habitat, in conjunction with open
foraging areas. Disturbed areas (partially logged or burned) may be occupied by this species, as
long as there is an overstory and sufficient nest sites.
The western bluebird is primarily a wintering species in the MHCP planning area, except for
limited breeding in oak woodlands of Escondido an San Marcos. There are no major populations
Subregional MHCP and Carlsbad Subarea Plan Findings 217
or critical locations in the plan area. There are only four known occurrences of the species in the
MHCP planning area.
The City includes 29 acres of oak woodland. Although the ecotone between oak woodland and
grasslands is considered the primary breeding habitat for this species, oak woodlands alone are
used to quantify the level of bluebird habitat conservation. In addition to oak woodland,
Carlsbad includes southern coast live oak woodland and southern coast live oak riparian forest.
Major areas of oak-dominated habitat in Carlsbad are found in standards areas of Zone 15, Holly
Springs, and standards areas of Zone 21. Other areas of oak-dominated vegetation are included
in already-permitted projects. The MHCP area includes approximately 886 acres of oak
woodland, with the vast majority (approximately 655 acres) in Escondido. In addition, western
bluebirds may use sycamore-dominated riparian habitats (see below). The amount of sycamore-
dominated riparian habitat in the subarea and subregion is unquantified.
Information on the status of this species within the Subarea is limited. Unitt describes the
western bluebird is a “common to very common resident and winter visitor” in appropriate
habitats (see above) in San Diego County. However, due to the limited amount of appropriate
habitat within the Subarea, and area requirements of breeding bluebirds, we anticipate that this
species is a winter visitor and rare breeder within the Subarea. On April 10,2002, a pair of
western bluebirds were sighted in the sycamore-dominated riparian habitat in the “panhandle” of
Robertson Ranch. Western bluebirds have been documented at Buena Vista Lagoon and at
Rancho Verde. However, the birds at Rancho Verde were seen in October 1991, and are
therefore probably winter visitors. Breeding status of the bluebirds at Buena Vista Lagoon is
Unknown.
The MHCP will conserve 79 percent of the oak woodland ecological community which will
benefit this species. Although the ecotone between oak woodland and grasslands is considered
the primary breeding habitat for this species, oak woodlands alone are used to quantify the level
of bluebird habitat conservation. Three of the four known species points in MHCP are in areas to
be conserved.
Of the 29 acres of oak woodland habitats supporting or potentially supporting western bluebirds
in Carlsbad, approximately 16 acres (55 percent) are located within the preserve. An additional 8
acres are projected to be preserved in standards areas. Therefore, approximately 5 acres (1 7
percent) of oak woodland habitat may be impacted. Only one of the location points documented
in the HMP area is proposed for conservation. Oak woodland on Holly Springs, and the coastal
sage scrub that it is juxtaposed with, is included in the preserve. Standards for Zone 15 include
conservation of all riparian habitat. Planning standards for Zone 21 include avoidance of impact
to oak riparian forest. Therefore these areas of oak-dominated habitat within Carlsbad will be
preserved.
To ensure conservation of western bluebirds, it is important to conserve not only appropriate
nesting habitat, but nearby open areas for foraging. For example, though the sycamore-
Subregional MHCP and Carlsbad Subarea Plan Findings 218
dominated area of Robertson Ranch will be preserved, the western bluebirds are likely to
discontinue use of the area if the agricultural lands to the east and west are replaced with
development and southern willow scrub, respectively, because open areas for foraging will no
longer be present. To conserve western bluebirds in standards areas, nesting and foraging habitat
must preserved in juxtaposition.
In order for a City to receive coverage for this species, the MHCP requires the following:
Minimize loss of oak woodland- grassland ecotone habitat and retain dead oak trees or branches
that provide nesting cavities in reserve areas. Monitor and control, as necessary, exotic bird
species that compete for nesting cavities (e.g., European starling and house sparrow). Monitor
nest boxes and install starling excluding devices as needed.
The western bluebird is a wide ranging species with a breeding range from southern British
Columbia to northern Baja California and the Central Volcanic Belt of the Mexico. It is a
common to very common winter visitor in the MHCP planning area, except for limited breeding
in oak woodlands of Escondido an San Marcos. The MHCP Subregional Plan will directly and
indirectly impact this species as described in the analyses above. However, impacts to this
species will be adequately offset because there are no major populations or critical locations in
the plan area; three of the four known species points in MHCP are in areas to be conserved; and
direct effects will be minimized by preserving 79 percent of the species predominant habitat type
and the indirect effects will be minimized by the measures included in the MHCP Subregional
Plan. In addition, the MHCP Preserve will be adaptively managed, per the measures included in
the MHCP Subregional Plan, which will further reduce the indirect effects and benefit the
species.
Amphispiza belli belli (Bell’s sage sparrow)
Bell’s sage sparrow habitat includes dense coastal sage scrub and open chaparral, particularly in
large, unfragmented blocks in inland areas. Dense stands in sunny, dry areas are preferred
habitat. Bolger et al. and Grinnell and Miller found that Bell’s sage sparrow was strongly
associated with chamise chaparral. This species is patchily distributed, and is absent from many
tracts of apparently suitable habitat.
Within the MHCP area, the species has been documented in northeastern Carlsbad (Calavera
Butte area, one point location) and southeastern Carlsbad (Villages of La Costa, four point
locations), east Encinitas, north and south San Marcos, and south Escondido. Bell’s sage sparrow
habitat includes dense coastal sage scrub and open chaparral, particularly in large, unfragmented
blocks in inland areas. There are no major populations or critical locations in the MHCP
planning area. Biologists managing the Calavera Preserve in northeastern Carlsbad, near one of
the historic point locations on the Service’s GIs database, since 1996, have not encountered
Bell’s sage sparrow.
Subregional MHCP and Carlsbad Subarea Plan Findings 219
Approximately 3,315 acres of coastal sage scrub, 968 acres of chaparral, and 362 acres of
southern maritime chaparral exist in the City. However, only four large expanses (which may be
necessary for this fragmentation-sensitive species to persist) of sage scrub or chaparral habitats
occur in the City: Calavera Butte area, the Tchang property and DawsodLos Monos preserve,
Villages of La Costa, and Green Valley. Given the paucity of recent records of occurrence of this
species in Carlsbad, the limited availability of optimal habitat (chamise chaparral), its
fragmentation sensitivity, and the amount of recent development in the City, it is possible that the
species has already been extirpated from the City, or that the landscape has been modified
already such that the Bell’s sage sparrow is unlikely to persist within Carlsbad. However, if it
has not been extirpated from Carlsbad, the small numbers of Bell’s sage sparrows remaining in
the City are unlikely to be important to persistence of the species throughout its range, or in the
MHCP area.
The FPA includes 8 of 10 point localities. Thus, only 20 percent will be impacted. The MHCP
conditions coverage to require cities to restrict human access to areas known to support relatively
large concentrations of sage sparrow during the breeding season (February 15 to August 3 1).
Of the 5 point locations in the Service’s GIS database for the City, 3 are located outside the
preserve and would be presumed impacted. However, the City will be preserving 65 percent of
coastal sage scrub and coastal sage scrub/chaparral mix vegetation communities which will
benefit this species.
The MHCP has the following condition for coverage of this species: Manage reserve areas to
restrict activities that degrade Bell’s sage sparrow habitat, including habitat alteration, spraying of
pesticides, brown-headed cowbird parasitism, and introduction of predators (e.g., domestic dogs
and cats). Restrict human access to areas known to support relatively large concentrations of sage
sparrow during the breeding season (February 15 to August 3 1).
Bell’s sage sparrows range from the Cascade Mountains to Baja California, Mexico, but are
locally uncommon in coastal sage scrub and open chaparral in San Diego County. The proposed
action may directly and indirectly affect this species as described in the analyses above.
However, avoidance, minimization and/or mitigation will adequately offset impacts to this
species because there are no major populations or critical locations in the MHCP planning area;
the species will benefit from the interconnected preserve that will be established and preserved in
perpetuity; and this preserve will be adaptively managed, per the measures included in the
MHCP Subregional Plan, which may further reduce the indirect effects and benefit the species.
Dipodomys stephensi (Stephens’ kangaroo rat)
Today, Stephens’ kangaroo rat is found almost exclusively in open, often disturbed, nonnative
grasslands or in sparse shrublands with areal cover of approximately less than 30 percent.
Occupied habitats are usually described as sparse, slightly disturbed coastal sage scrub or annual
grassland. The actual distribution of suitable habitat is normally mixed with other habitat types
Subregional MHCP and Carlsbad Subarea Plan Findings 220
in a natural mosaic. The populations with the highest densities have been found in areas where
the herbaceous layer still contains California native annuals, and where perennial cover is less
than 30 percent. The Stephens’ kangaroo rat is most commonly associated with Artemisia
californica and Eriugonum fasciculatum because these shrubs are often the most obvious
elements of the habitat. The animal is actually using the herbaceous layer which is often
dominated by filaree (Erudium cicutarium). Many areas supporting the species are shrubless.
Stephens’ kangaroo rat has been found on 36 types of well-drained soils, and more than 125 soils
are thought to be potentially suitable for the species. Potentially suitable soils include those types
capable of supporting annual grasses mixed with forbs and shrub species. Additionally, soils
must exhibit compaction characteristics suitable for the establishment of burrows. Soils not
q considered suitable for Stephens’ kangaroo rat include heavily alkaline or clay soils (generally in
floodplains), highly rocky soils, shallow soils less than 50 centimeters deep, soils in areas
exceeding 25 percent slope. It is generally restricted to areas below approximately 3,000 feet in
elevation. Stephens’ kangaroo rat movement is impeded in densely vegetated areas, including
areas with matted perennial grasses. This species will create its own burrow system in areas with
sandy soils and use existing burrow systems of gophers and ground squirrels in areas of
compacted soils.
There are no known extant point locations in the MHCP planning area. One point locality from
1990 is in the grasslands adjacent to Guajome Lake and Pilgrim Creek; however, this is on land
owned and managed by the County and not a part of MHCP. In addition, the current status of
this population is uncertain. Stephens’ kangaroo rat is not known to occur in the Carlsbad
Subarea, presently or historically.
A recent discovery (October 1997) of Stephens’ kangaroo rat near Ramona suggests that the
species could occur more widely in grasslands of San Diego County than previously thought, but
suitable grasslands lie mostly north and east of the MHCP planning area. The species could
potentially colonize grasslands or agricultural fields in Oceanside, in the vicinity of occupied
habitat on Camp Pendleton and Fallbrook Navel Weapons Annex. There are no major
populations or critical locations currently identified in MHCP.
The MHCP only preserves 32 percent of remaining grasslands and much of this occurs on clay
soils and in isolated areas that are too small to ensure viable populations of this species.
However, this species is not known to occur within the MHCP at this time.
The City’s subarea plan preserves only 38 percent of grasslands in the City. But, because
Stephens’ kangaroo rat is not known to occur in Carlsbad currently, impacts to potential habitat
are unlikely to result in death of individual kangaroo rats.
The MHCP requires the following conditions be met for a city to receive coverage for this
species:
1. As part of the project review process (e.g., CEQA) for individual projects within the
survey area indicated on the MHCP Database Records Map, a qualified biologist
Subregional MHCP and Carlsbad Subarea Plan Findings 221
2.
3.
4.
5.
6.
possessing a Section lO(a)l(A) research permit for this species must survey all areas
containing potentially suitable habitat (open coastal sage scrub, agricultural fields, and
grasslands on soils low in clay content) using approved survey protocols (sign surveys for
burrows, scats, tracks, trails, or other sign of kangaroo rat presence, followed by protocol
trapping surveys to verify species identification if sign is detected). Surveys shall occur
prior to any proposed impact regardless of location inside or outside of the FPA. Surveys
shall be conducted when impacts could occur as a result of indirect impacts by placement
of the project in or adjacent to potential habitat within survey areas shown on the MHCP
Database Records Map.
Any Stephens’ kangaroo rat population shall be treated consistent with the Narrow
Endemic Species Policy (Appendix D) until all criteria for full recovery @.e., delisting) of
the species have been met.
Conserve and manage natural habitats contiguous with occupied habitat areas to allow for
natural population expansions, to the degree feasible.
Conserve and manage sufficient linkages between occupied areas and other potential or
occupied areas within the MHCP planning area, or outside the MHCP planning area (e.g.,
on MCB Camp Pendleton), to allow for dispersal and colonization.
Manage any occupied reserve areas to maintain early successional phases required by
Stephens’ kangaroo rat. Buffer future developments adjacent to occupied habitat to
preclude predation by domestic cats and minimize other edge effects. Prohibit use of
rodenticides in or near occupied areas.
Projects in or adjacent to occupied habitat shall adhere to the following measures to avoid
or reduce impacts:
a. The removal of native vegetation and habitat shall be avoided and minimized to
the maximum extent practicable. Determination of adequate avoidance and ,
minimization of impacts shall be consistent with Section 3.7 of the MHCP plan.
Deviations from these guidelines shall require written concurrence of the Service
and Department. For temporary impacts, the work site shall be returned to
preexisting contours and revegetated with appropriate native species. All
revegetation shall occur at the ratios specified in Section 4.3 of the MHCP plan.
All revegetation plans shall be prepared and implemented consistent with
Appendix C (Revegetation Guidelines) and shall require written concurrence of
the Service and Department. If written objections are not provided by the wildlife
agencies within 30 days of receipt of written request for concurrence by the local
jurisdiction, then the deviation may proceed as approved by the local agency. The
wildlife agencies shall provide written comments specifying wildlife agency
concerns.
Projects shall be carried out consistent with Appendix B (Standard Best
Management Practices).
Construction-related vehicle travel shall be limited to daylight hours to minimize
roadkill.
For temporary impacts involving trenching or other excavation, measures shall be
taken to prevent Stephens’ kangaroo rats from falling into the trench. Excavations
b.
c.
d.
Subregional MHCP and Carlsbad Subarea Plan Findings 222
shall not be covered (e.g., with metal plates or boards) to exclude rodents, because
these may actually attract them to burrow beneath and become entrapped.
To minimize injury or mortality of individuals, the Service may authorize
qualified biologists to relocate individual Stephens’ kangaroo rats to nearby
suitable habitat. Authorizations will be granted only to jurisdictions with signed
implementing agreements and issued permits and will require coordination with
the wildlife agencies and their written concurrence. Such salvage relocation may
include exclusion fencing and creation of artificial burrows to increase success, if
deemed appropriate by the wildlife agencies.
e.
The historic and current geographic distribution of the Stephens= kangaroo rat coincides with the
inland valleys of the coastal side of the Peninsular Ranges of San Bernardino, Riverside, and San
Diego counties of southern California. There are no known extant point locations in the MHCP
planning area. One point locality fiom 1990 is in the grasslands adjacent to Guajome Lake and
Pilgrim Creek; however, this is on land owned and managed by the County and not a part of
MHCP. In addition, the current status of this population is uncertain. Stephens’ kangaroo rat is
not known to occur in the Carlsbad Subarea, presently or historically. Therefore, the proposed
action will not directly impact this species and will have few indirect effects, as described in the
analyses above. The avoidance, minimization, and/or mitigation measures included in the
MHCP Subregional Plan will adequately offset impacts that may occur to this species. This
Preserve will be adaptively managed, per the measures included in the City’s Subarea Plan and
MHCP Subregional Plan, which will Wher reduce the indirect effects and benefit the species.
Perognathus Iongimembris pacificus (Pacific pocket mouse)
This pocket mouse is known to inhabit fine-grained, sandy substrates, coastal strands, coastal
dunes, river alluvium, and coastal sage scrub habitat on marine terraces near the Pacific Ocean.
The results of trapping performed at Camp Pendleton in 1995 suggested that the core of the
Pacific pocket mouse population was confined to sandy soils with low vegetative cover;
however, one site consisted of an ecotone of sparse white sage-dominated scrub between coastal
sage scrub and non-native grassland. Although individual Pacific pocket mice have been
observed or collected in several plant communities, the subspecies has narrow habitat
requirements and typically occurs in areas of sandy soils.
The pacific pocket mouse is not known to occur in the MHCP planning area. Despite extensive
survey efforts throughout the range, the species likely only occurs in four areas outside of the
MHCP planning area. Habitats in north Oceanside have not been hlly surveyed for this species
and have a small possibility of supporting the species. One observation at Lux Canyon,
Encinitas, was not adequately documented to confirm this species, and this location may
subsequently have been developed.
The species is not currently known to occur in Carlsbad. It is not conclusively known to have
occurred in the City. The U. S. Fish and Wildlife Service does not indicate any record of
Subregional MHCP and Carlsbad Subarea Plan Findings 223
museum specimens from within what is now Carlsbad. However, Bailey indicated that the
species was “...abundant on sandy bottoms near the coast of San Diego County.” A habitat
suitability index model prepared by Spencer et al. taking into account vegetative cover, soil type,
and proximity to the coast, indicates that the City contains 2209 acres of very high to high-
suitability habitat, 380 acres of moderate suitability habitat, and 123 1 acres of low-suitability
habitat.
Since the pacific pocket mouse is likely extirpated from the planning area, no direct effects to the
species are expected from the MHCP Subregional Plan. Using the habitat suitability index
model developed for this species by Spencer et al., the MHCP indicates that 54 percent of very
high to highly suitable habitat within MHCP would be conserved and 87 percent of moderate
suitability habitat would be conserved due to the plan. Within the City of Carlsbad, 52 percent of
very high to highly suitable habitat and 85 percent of moderate suitability habitat would be
conserved in the City.
The MHCP requires the following conditions be met for a city to receive coverage for this
species:
1.
2.
3.
4.
5.
As part of the project review process (e.g., CEQA) for individual projects within the
MHCP area, a qualified biologist possessing a Section lO(a)l(A) research permit for this
species must survey all areas containing potentially suitable habitat (open scrub or
grassland habitat on sandy loam or loamy sand soils, within 6 kilometers [ 3.7 miles] of
the Pacific coast) using approved survey protocols (trapping surveys conducted for a
minimum of 5 consecutive nights during the seasonal survey windows, as determined by
concurrent Service monitoring results at known population sites). Surveys shall occur
prior to any proposed impact regardless of location inside or outside of the FPA. Surveys
shall be conducted when impacts could occur as a result of indirect impacts by placement
of the project in or adjacent to potential habitat.
Until all criteria for downlisting the Pacific pocket mouse from endangered to threatened
status are met (Service Recovery Plan), any Pacific pocket mouse population shall be
treated consistent with the Critical Population Policy (Appendix D) and all impacts to the
population avoided. These recovery criteria include protection and management of 10
viable populations distributed throughout the species’ historic geographic range.
Allow for the reintroduction of Pacific pocket mouse in preserve areas supporting suitable
habitat, as defined by ongoing research for the Pacific pocket mouse.
Manage any populations to remove threats, including exotic predators and human
disturbance. Buffer future developments adjacent to occupied habitat to reduce predation
by domestic cats and minimize other edge effects (e.g., artificial lighting, trampling,
Argentine ant invasion). Manage vegetation structure, if necessary using controlled
burning or hand thinning of shrub cover, to optimize habitat quality for Pacific pocket
mouse, or with adaptive management practices developed by ongoing research and
monitoring.
Conserve and manage natural habitats contiguous with occupied habitat areas to allow for
natural population expansions.
Subregional MHCP and Carlsbad Subarea Plan Findings 224
a.
b.
C.
d.
e.
6. Projects in or adjacent to occupied habitat shall adhere to the following measures to avoid
or reduce impacts:
The removal of native vegetation and habitat shall be avoided and minimized to
the maximum extent practicable. Determination of adequate avoidance and
minimization of impacts shall be consistent with Section 3.7 of the MHCP plan.
Deviations from these guidelines shall require written concurrence of the Service
and Department. For temporary impacts, the work site shall be returned to
preexisting contours, with the same soil composition and depth, and revegetated
with appropriate native species. All revegetation shall occur at the ratios specified
in Section 4.3 of the MHCP plan. All revegetation plans shall be prepared and
implemented consistent with Appendix C (Revegetation Guidelines) and shall
require written concurrence of the Service and Department. If written objections
are not provided by the wildlife agencies within 30 days of receipt of written
request for concurrence by the local jurisdiction, then the deviation may proceed
as approved by the local agency. The wildlife agencies shall provide written
comments specifylng wildlife agency concerns.
Projects shall be carried out consistent with Appendix B (Standard Best
Management Practices).
Construction-related vehicle travel shall be limited to daylight hours to minimize
roadkill.
For temporary impacts involving trenching or other excavation, measures shall be
taken to prevent any Pacific pocket mouse from falling into the trench.
Excavations shall not be covered (e.g., with metal plates or boards) to exclude
mice, because these may actually attract mice to burrow beneath and become
entrapped.
Projects in or adjacent to occupied Pacific pocket mouse habitat shall be
constructed to avoid the active season to the maximum extent practicable. The
active season shall be defined as March 15 through October 15, unless monitoring
suggests that the Pacific pocket mouse are active outside that period during the
year of interest.
The Pacific pocket mouse is historically reported to occur within 4 kilometers (2.5 miles) of the
immediate coast at eight locations from Marina Del Rey and El Segundo in Los Angeles County
south to the vicinity of the Mexican border in San Diego County. However, the pacific pocket
mouse is likely extirpated from the planning area and no direct effects to the species are expected
from the MHCP Subregional Plan. Therefore, the avoidance, minimization, and/or mitigation
measures included in the MHCP Subregional Plan will adequately offset any impacts that may
occur to this species. This Preserve will be adaptively managed, per the measures included in the
City’s Subarea Plan and MHCP Subregional Plan, which will further reduce the indirect effects
and benefit the species.
Chaetudipus fallax fallax (Northwestern San Diego pocket mouse)
Subregional MHCP and Carlsbad Subarea Plan Findings 225
Primary habitat of the Northwestern San Diego pocket mouse includes arid habitats with a scrub
component (such as coastal sage scrub, chaparral, oak woodlands, and annual grasslands) and
sandy herbaceous areas in association with rocks or coarse gravel. Bleich recorded the highest
populations of the San Diego pocket mouse in coastal sage scrub supporting a mixture of coastal
sagebrush (Artemisia californica) and California buckwheat (Eriogonum fasciculatum) on the
Naval Weapons Station, Fallbrook Annex in northwestern San Diego County, but it was also
relatively abundant in chaparral. The San Diego pocket mouse generally exhibits a strong
microhabitat affinity for moderately gravelly and rocky substrates.
There are only two location points in the MHCP planning area, but this primarily reflects lack of
survey effort for the species, which is expected to be fairly abundant in appropriate habitats.
There are no major populations or critical locations in the planning area.
The MHCP area includes 22,842 acres of appropriate vegetation for Northwestern San Diego
pocket mouse without clay soils. The HMP area includes approximately 3,901 acres of scrub,
oak woodland, and grassland habitat types without clay soils.
The MHCP would allow impacts to northwestern San Diego pocket mouse habitat. Conversely,
the MHCP conserves 13,934 acres of scrub, oak woodland, or grassland habitat without clay
soils.
The City would conserve 2,341 acres of scrub, oak woodland, or grassland habitat without clay
soils.
Though no species-specific conservation measures are proposed for the Northwestern San Diego
pocket mouse, it is likely to benefit from the preserve management and monitoring program.
This program will address ecologically deleterious influences on the preserve, including but not
limited to public access, hydrology and flood control, erosion, fire, and exotic plants and animals.
C. J fallax occupies the basins and slopes on the Pacific side of the mountains of southern
California and northern Baja California, Mexico. It is a fairly common species where suitable
habitat remains. There are only two location points in the MHCP planning area, but this
primarily reflects lack of survey effort for the species, which is expected to be fairly abundant in
appropriate habitats. There are no major populations or critical locations in the planning area.
The proposed action will directly and indirectly impact this species, as described in the analyses
above. However, avoidance, minimization and/or mitigation will adequately offset impacts to
this species because they are expected to be relatively abundant in appropriate habitats; there are
no major populations or critical locations; and this preserve will be adaptively managed, per the
measures included in the City’s Subarea Plan and MHCP Subregional Plan, which will further
reduce the indirect effects and benefit the species.
Lepus californicus bennettii (San Diego black-tailed jackrabbit)
Subregional MHCP and Carlsbad Subarea Plan Findings 226
This species is common in coastal sage scrub, grassland, and open chaparral habitats. This
species inhabits open plains, fields, and deserts, especially open country with scattered thickets or
patches of shrubs. Black-tailed jackrabbits prefer to have some open area for foraging and dense
cover for nesting and predator avoidance.
There are no major populations or critical locations in the MHCP planning area, however, there
are scattered observations throughout natural habitats in Encinitas, Escondido, Oceanside, and
Carlsbad.
Within the Subarea, there are no known major populations or critical locations of black-tailed
jackrabbits. However, San Diego black-tailed jackrabbits are widespread throughout both
developed and undeveloped portions of western San Diego County. They are known to occur in
at least 8 locations within natural habitats of Carlsbad, from the coast to inland and from
Encinitas to Oceanside. Currently, there are 3,289 acres of habitat in the City, comprised of
coastal sage scrub, chaparral, and grassland, that may support an unknown population of black-
tailed jackrabbits.
Black-tailed jackrabbits will be partially conserved due to the preservation and management of
some large blocks of habitat that are connected to even larger blocks of habitat outside the
planning area. The MHCP will conserve approximately 5 1 percent of suitable habitat and 71
percent of the limited species points on record. However, the grassland ecological community is
not adequately preserved and does not substantially contribute to the conservation this
subspecies. The City will conserve 55 percent of suitable habitat and 69 percent of known
species points on record.
The MHCP does not provide specific conservation measures for this species because general
habitat management actions instituted for other species are expected to benefit this subspecies as
well.
The black-tailed jackrabbit is widely distributed in the state, except at the highest elevations,
above - 2500 meters and they are abundant at lower elevations in herbaceous and desert-shrub
areas, and open early stages of forest and chaparral habitats. The black-tailed jackrabbit is
common throughout western San Diego County; however, there are no major populations or
critical locations in the MHCP planning area. There are scattered observations throughout
natural habitats in Encinitas, Escondido, Oceanside, and Carlsbad. The proposed action will
directly and indirectly impact this species, as described in the analyses above. The avoidance,
minimization, and/or mitigation measures included in the MHCP Subregional Plan will
adequately offset any impacts that may occur to this species. This Preserve will be adaptively
managed, per the measures included in the City’s Subarea Plan and MHCP Subregional Plan,
which will further reduce the indirect effects and benefit the species.
Felis concolor (Mountain lion)
Subregional MHCP and Carlsbad Subarea Plan Findings 227
Mountain lions use rocky areas, cliffs, and ledges that provide cover within open woodlands and
chaparral, as well as riparian areas that provide protective habitat connections for movement
between fragmented core habitat. A study of diurnal bedding habitat in northeast Oregon
suggests that lions also need both vertical and horizontal cover components, such as rocks and
downed logs, to feel secure enough to bed.
There are no major populations or critical locations in the planning area for this species, although
it probably occupies some of the larger natural areas, such as Daley Ranch, and scattered
observations have been made in and near the MHCP planning area. Recent observations have
occurred in Carlsbad, Oceanside, Escondido, and San Marcos.
The City is located closely enough to the Santa Ana Mountains to the northeast to provide viable
linkages through the southeast portion of Carlsbad, into the Fallbrook and Palomar areas. This is
beneficial for existing mountain lions to traverse for increased prey availability, additional
mating opportunities, and increased habitat area. The same connectivity would also hold true for
populations within the Daley Ranch area.
Most of the habitat within the City is already too fragmented to be suitable home range for
mountain lions and there are no known populations or critical locations within the Subarea. It is
probable that this species occupies some of the larger habitat areas such as the Calavera
Highlands, (as scat was positively identified recently) or the Daley Ranch in Escondido.
However, they would not be expected to exist in Carlsbad due to their requirements for very
large blocks of habitat, although the City could act as wildlife corridors. However, the goal of
the MHCP was not to increase mountain lions in developed areas, but rather, not preclude their
current movement or use areas.
The mountain lion will benefit from the preservation and management of remaining large blocks
of habitat and linkages to large blocks of habitat outside the MHCP. The MHCP will conserve
63 percent of potential mountain lion habitat and the City will conserve approximately 62 percent
of mountain lion habitat. The exact number of mountain lions that will be impacted by
implementation of the MHCP Subregional Plan is unknown, as population estimates are
nonexistent. However, due to the proposed plan, the current mountain lion population is
expected to persist with no substantial increase or decrease in numbers. Overall, the plan to
maintain and manage migration and dispersal corridors will benefit the species by providing
linkages to larger habitat.
The MHCP requires the following conditions be met for a city to receive coverage for this
species:
1. Maintain and enhance habitat linkages between conserved habitat areas that are intended
to support mountain lions. New roads or improvements to existing roads must include
adequate under-crossings and appropriate fencing to accommodate safe movements
between habitats on either side. Placement and design of road crossings and associated
Subregional MHCP and Carlsbad Subarea Plan Findings 228
improvements (fencing, vegetation restoration) should be done on site-specific wildlife
movement and biological criteria.
Periodically monitor key habitat linkages to assess their use by mountain lions.
Institute a public awareness campaign to educate people on the importance of large
carnivores in natural ecosystems and ways to avoid problem encounters with mountain
lions.
2.
3.
The mountain lion has the largest geographical distribution of any mammal species in the
western hemisphere, but it is restricted primarily to unpopulated regions in western North
America. There are no major populations or critical locations in the planning area for this
species, although it probably occupies some of the larger natural areas, such as Daley Ranch, and
scattered observations have been made in and near the MHCP planning area. The plan can
indirectly adversely affect this species, but the MHCP Subregional Plan will not result in any
direct take of this species. Therefore, the avoidance, minimization, and/or mitigation measures
included in the MHCP Subregional Plan will adequately offset the impacts to this species.
Odocoileus hemionus fuliginata (Southern mule deer)
Mule deer occur in early to intermediate successional stages of most forest, woodland, and brush
habitats. They prefer a mosaic of various-aged vegetation that provides woody cover, meadow
and shrubby openings, and free water. Brushy areas and tree thickets provide important escape
cover. Vegetative cover is critical for thermal regulation in the winter and summer. Mule deer
frequent various aspects of habitat during the year to aid in thermal regulation (e.g., use south-
facing slopes more in cold weather, and north-facing slopes more in hot weather). Fawning
occurs in moderately dense shrub lands and forests, dense herbaceous stands, and high-elevation
riparian and mountain shrub habitats, with available water and abundant forage.
It is thought that mule deer are widespread throughout undeveloped portions of western San
Diego County and fairly common in portions of the MHCP planning area where sufficient habitat
is present. However, the species is apparently disappearing from coastal cities due to habitat
fragmentation (e.g., Dawson-Los Monos Reserve). There have been observations in Carlsbad
and mule deer would be expected in some of the larger blocks of habitat, such as Calavera
Preserve, the Villages of La Costa and Daley Ranch in Escondido.
There are no known major population or critical locations of mule deer in MHCP. However, the
City of Carlsbad is located closely enough to the Santa Ana Mountains to the north to provide
viable linkages through the southeast portion of Carlsbad, into the Fallbrook and Palomar areas.
This is beneficial for existing mule deer to traverse for increased foraging activity, additional
mating opportunities, and increased habitat area. The same connectivity would also hold true for
populations within the Daley Ranch area.
Mule deer will benefit from the preservation and management of remaining large blocks of
habitat and linkages in the MHCP to large blocks of habitat outside the MHCP. Additionally, the
Subregional MHCP and Carlsbad Subarea Plan Findings 229
MHCP will conserve 63 percent of coastal sage scrub, chaparral, and riparian woodland
communities that will directly benefit mule deer. The exact number of mule deer that will be
impacted by implementation of the Subarea plan is unknown.
Most of the habitat within the Subarea plan is already too fragmented to be suitable home range
for mule deer, although it is thought they continue to persist in the City. The City’s plan to
maintain and manage migration and dispersal corridors will benefit the species.
The MHCP requires the following conditions be met for a city to receive coverage for this
species:
1. Maintain and enhance habitat linkages between conserved habitat areas that are intended
to support mule deer. New roads or improvements to existing roads must include
adequate under-crossings and appropriate fencing to accommodate safe movements
between habitats on either side. Placement and design of road crossings and associated
improvements (fencing, vegetation restoration) should be done on site-specific wildlife
movement and biological criteria.
Periodically monitor key habitat linkages to assess their use by mule deer. 2.
Mule deer are found throughout California and presently are widespread throughout undeveloped
portions of western San Diego County, although they may be declining in the county. The
southern mule deer is not threatened with extinction within its range, but the present
checkerboard of private property distribution in western San Diego County and urbanization
could result in local extirpation without appropriate conservation measures. The MHCP can
indirectly adversely affect this species, but Plan will not result in any direct take of this species.
The avoidance, minimization, and/or mitigation measures included in the MHCP Subregional
Plan will adequately offset Impacts to this species because there are no known major population
or critical locations of mule deer in MHCP; most of the habitat within the Subarea plan is already
too fragmented to be suitable home range for mule deer; and mule deer will benefit from the
preservation and management of remaining large blocks of habitat and linkages in the MHCP to
large blocks of habitat outside the MHCP.
Alternatives Analyzed
Development of the MHCP Plan and City’s Subarea Plan have involved lengthy analysis of
multiple approaches for minimizing and mitigating impacts to the covered species, to determine a
practicable method that will achieve the plan’s biological goals. Several alternative preserve
designs were developed, with differing levels of biological resource protection, and an economic
analysis was performed to determine estimated cost of each alternative. Preserve design
alternatives were analyzed by the SANDAG in terms of difference in cost of implementation,
land-use, regional transportatiodcirculation, public services and utilities, population, housing,
and employment. Although the biologically preferred alternative would preserve more habitat
than the current plan, SANDAG and the MHCP participating cities did not deem this alternative
practicable, and SANDAG and the City of Carlsbad adopted the current plan based on the
Subregional MHCP and Carlsbad Subarea Plan Findings 230
population and housing needs of the MHCP planning area as well as the impact of minimization
and mitigation requirements for Covered species.
The Final EISEIR describes the MHCP Proposed Alternative (identified as the NEPA preferred
alternative in the Final EIS/EIR), which is to issue the Permit as requested by the prospective
Permittees as described above, and three other alternatives that were considered by the Service
prior to issuance of the Permit. The three alternatives, in addition to the MHCP proposed
alternative, are the following: 1) the Reduced Preservation Alternative; 2) the Increased
Preservation Alternative; and 3) the No Project Alternative.
Under the Reduced Preservation Alternative, the preserve system would be similar to the
proposed project; however, the preserve system would not include: preservation of the 400 to
500 acres of contiguous coastal sage scrub in the coastal California gnatcatcher core area and the
restoration of 338 acres of coastal sage scrub habitat throughout the MHCP planning area.
Overall, 19,928 acres (67 percent) of the habitat in the total MHCP study area would be
conserved under this alternative.
Under the Increased Preservation Alternative, all large contiguous areas of habitat, all areas
supporting major and critical species populations or habitat areas, and all important functional
linkages and movement corridors between them would be conserved. Approximately 83 percent
of coastal sage scrub, 93 percent of chaparral, 95 percent of coastal sage/chaparral mix, and 100
percent of riparian and estuarine habitats would be conserved in the total MHCP study area.
Overall, 24,565 acres (82 percent) of the habitat in the study area would be conserved under this
alternative.
Under the No Project Alternative, only listed species and habitat occupied by such species would
receive protection. It was estimated that conservation levels would include 19 percent of coastal
sage scrub, 3 1 percent of chaparral, and 18 percent of coastal sage/chaparral mix within the
MHCP study area. Overall, 8,989 acres (30 percent) of natural habitats in the study area would
be conserved under this alternative.
Alternatives Analysis and Conclusion
The analysis presented in the EISEIR compared the predicted environmental consequences of
each of the alternatives against the No Action Alternative. Of the four alternatives analyzed in
the EISEIR, the Service finds that the combination of land acquisition, reserve configuration,
reserve management, and monitoring within the City of Carlsbad under the MHCP Proposed
Alternative adequately offsets the anticipated levels of take on the Covered species associated
with implementing the City’s Subarea Plan. This is the greatest level of preservation which can
be practicably implemented by the City since the biologically superior alternative (Increased
Preservation Alternative) would significantly impact population and housing by reducing the
amount of developable land in the City by 28.2 percent. Thus, the MHCP Proposed Alternative
is the most biologically superior alternative that is feasible within the City of Carlsbad. The
Subregional MHCP and Carlsbad Subarea Plan Findings 23 1
Reduced Preservation Alternative would conserve less habitat than the MHCP Proposed
Alternative. The No Action Alternative would result in piecemeal, scattered mitigation of far
less value to the Covered species than the interconnected system of managed, high quality habitat
reserves to be established under the MHCP Proposed Alternative. The Service believes the
conservation provided under the proposed MHCP Alternative accurately accounts for the take
anticipated from authorized development in the Plan Area as analyzed in the EISEIR and the
Carlsbad Biological Opinion; most effectively minimizes and mitigates the impacts of that take;
conserves the greatest number of acres of habitat practicable in usable configurations with cores
and linkages; conserves the most species; and would provide a management structure for
maintaining the viability of habitat for the Covered species in a manner that can be practicably
implemented by the City. For these reasons, the Service finds that the MHCP Proposed
Alternative within the City of Carlsbad minimizes and mitigates the effects of the taking within
the City to the maximum extent practicable.
Loss of existing or potential habitat will occur within the City of Carlsbad’s boundaries under the
MHCP as development occurs over the 50 year life of the plan. The Service has determined that
the MHCP will effectively conserve the Covered species by securing 19,928 acres, within the
MHCP planning area, and 6,786 acres, associated with the City of Carlsbad’s Subarea Plan, of
preserve land to be managed in perpetuity for the benefit of the Covered species. Due to existing
development patterns and prior development agreements, of which some include completed
individual consultations under Section 7 of the Act, significantly more preservation is not
feasible within the City.
The MHCP Proposed Alternative effectively minimizes and mitigates the impacts of the take of
covered species resulting from implementation of the City’s Subarea Plan, in addition to
providing more conservation and viable long-term habitat than the Reduced Preservation
Alternative and the No Action Alternative. By adopting the Final MHCP Proposed Alternative,
all practical means to avoid or minimize environmental harm from implementation of the
selected alternative have been adopted.
Conclusion
The MHCP represents the culmination of a detailed, 13-year, collaborative conservation planning
process between SANDAG, the City of Carlsbad, other local jurisdictions, participating
landowners, an appointed Working Group of interest groups, the California Department of Fish
and Game, and the Service. The MHCP Plan provides a mechanism for the subarea plans to
utilize a combination of existing dedicated open-space, preplanned dedications, and additional
land dedications to establish a combined 19,928-acre preserve system that is anticipated to result
in the permanent protection of multiple species in interconnected habitat blocks. The MHCP
Plan will provide the essential tools for preparation of subarea plans which ensure that a healthy,
productive multiple-habitat ecosystem is maintained and monitored in perpetuity in the MHCP
planning area. The Service believes that the MHCP Plan provides a regional conservation
Subregional MHCP and Carlsbad Subarea Plan Findings 232
strategy, as envisioned by the NCCP Act of 1991, which would likely not be possible under
single-species HCPs.
The City of Carlsbad’s Subarea Plan has been prepared in a manner consistent with the MHCP
Plan, and is expected to provide for a significant contribution to the overall MHCP preserve
system as described above in Section I (Description of Proposed Action). The Service therefore
finds that effects to covered species expected to result from implementation of the City of
Carlsbad’s Subarea Plan will be minimized and mitigated to the maximum extent practicable.
C. The applicant(s) will ensure that adequate funding for the Plan and procedures that
deal with unforeseen circumstances will be provided.
MHCP Subregional Plan
The MHCP requires the Wildlife Agencies to manage, monitor, and maintain all of their lands to
MHCP standards (Volume 3) and acquire up to 609 acres (priority one lands) in the MHCP
planning area through purchase or non-cash methods. The MHCP requires cities participating to
manage and maintain habitat lands they own located in FPAs according to MHCP standards
(Volume 3); maintain, manage, and monitor any lands acquired by the Federal or State
governments within their City to MHCP standards (Volume 3); acquire, manage, monitor, and
maintain up to 738 acres (priority two lands) in the MHCP planning area through purchase or
noncash methods should fund become available pre or post permit issuance; and ensure
conservation of a natural habitat on privately owned lands once a regional funding source is
available. In addition, the following cities have a restoration obligation: Carlsbad, Oceanside,
and San Marcos. The City of Carlsbad also has an acquisition obligation.
Implementation of the MHCP Subregional Plan and the subarea plans will be financed through
continuation of existing funding commitments (for example, mitigation banks and approved
mitigation areas) and establishment of a voter-approved, regional funding program (a permanent
financing program). Prior to the establishment of a regional program, individual cities will adopt
interim financing programs, to be described in their respective subarea plans and implementing
agreements. More detailed information on this subject can be found in Chapter 7.0 “Financing of
Habitat Acquisition and Management” of MHCP Volume 1.
Interim financing will support management of habitat lands for which the cities have
management responsibility, generally city-owned lands, together with associated start-up,
contingency, and administration costs. Interim financing also includes habitat acquisition
described in the City of Carlsbad’s HMP. If the state or federal government acquires priority one
conservation areas, costs to manage and monitor the acquired lands will be paid through interim
financing until a regional funding program is adopted.
The City of Carlsbad Subarea Plan
Subregional MHCP and Carlsbad Subarea Plan Findings 233
The City of Carlsbad Subarea Plan has been prepared in a manner consistent with the MHCP
Subregional Plan. Carlsbad has committed in the IA that it has, and will, expend such funds as
may be necessary to fulfill its obligations under the HMP, including permanent management of
the covered habitat areas. Carlsbad will notify the Service and California Department of Fish and
Game of a material change in its ability to meet those obligations. Funding associated with
implementation of the HMP is assured by the following:
4. MHCP Core Area Participation. As described in Section E.6.A of the HMP, Carlsbad will
effectuate the conservation and conveyance of 307.6 acres of land in the MHCP Core
area. Funding for this land acquisition and perpetual management will be provided from
the following sources: the Villages of La Costa project, as a requirement of the
Fieldstone HCP, required offsite mitigation for Carlsbad’s Municipal Golf Course,
previously purchased mitigation for several approved land development projects and the
adopted Habitat In-Lieu Mitigation fee as described in Section E.6 of the HMP. 152.98
acres have already been preserved associated with this 307.6 acre obligation.
5. Preserve Management and Monitoring Plan. Carlsbad has prepared a draft Preserve
Management and Monitoring Plan (OSMP). The City Council funded the preparation of
the Plan at a cost of $100,000.
6. Management of the Habitat at the Lake Calavera Mitigation Bank and other City-owned
public lands. Carlsbad’s cost for management of public lands at Lake Calavera and other
City-owned public lands in the preserve system (approximately 604 acres) was estimated
to cost approximately $180,625 per year in 2004 dollars using a Property Analysis Record
(PAR) developed by the Center for Natural Lands Management. The numbers used in the
PAR are consistent with costs associated with management of other constrained preserves
within developed areas. The cost of managing the 604 acres will be adjusted as necessary
for inflation. Carlsbad will fund management of the Lake Calavera Mitigation Bank and
other City habitat lands consistent with Section F of the HMP in perpetuity. This cost
will be paid for using city funds through an endowment once the mitigation bank is
created. Such funding will be in full once the mitigation bank is created and is expected
to be in the form of a loan from the General Fund that will be repaid by the various
project hds that buy credits. The PAR analysis included Lake Calavera in estimating
management costs.
7. Management of Private Lands in the Habitat Preserve. Carlsbad has conditioned all
private development projects to fully fund the perpetual management of preserved habitat
land located within the projects. All projects approved since the HMP was first drafted
have been required to fund endowments for ongoing management and, for all large
parcels of a habitat, to contract with a conservation entity to perform ongoing
management, maintenance and monitoring in perpetuity.
Management of Existing Habitat Preserve Areas. At this time, there are several other
entities that own lands that have already been preserved for their habitat value, including
Subregional MHCP and Carlsbad Subarea Plan Findings 234
the State of California and Homeowners Associations. Some of these entities have
already funded management activities and others have yet to participate. The Preserve
Management and Monitoring Plan presently being prepared by Carlsbad will identify the
level of management funding for these existing lands and potential funding sources if
there are any gaps. Management and monitoring of private lands that do not currently
have a land manager, endowment, and a land management plan will be fully funded,
managed, and monitored to MHCP standards once an additional hnd, such as through a
Regional Funding Source, is available. As a result, the species identified in List 3 are
conditionally covered species where coverage will not begin until such funding is
available.
8. Program Administration. Carlsbad’s administration of the HMP is estimated to cost
approximately $79,750 per year in 2004 dollars. This cost was estimated using the PAR
analysis conducted by the Center for Natural Lands Management and will be adjusted as
necessary for inflation and as otherwise necessary to properly implement the HMP. This
cost will be paid for using city funds which will either be in the form of an endowment or
similar mechanism. The City has also incorporated a 10 percent contingency fund in their
PAR analysis to fund changed circumstances as necessary.
9. Habitat In-Lieu Mitination Fee. To provide funding for the conveyance and management
of land in the MHCP Core area, Carlsbad has adopted a Habitat In-Lieu Mitigation Fee
consistent with Section E.6 of the HMP. The methodology used in determining the fee is
attached to this agreement as Exhibit “C.” The In-Lieu Fee will be adjusted upon the
effective date of this agreement and will be adjusted in the future, if necessary, based on
the methodology in the attachment.
10. Limits on Funding. Carlsbad is not required to make any public acquisition of privately
owned habitat lands within Carlsbad beyond the acquisitions identified in Section D.5 of
the HMP provided that all publicly funded projects must be mitigated in accordance with
Table 11 and Section E of the HMP, unless Carlsbad chooses to acquire land or
mitigation credits to provide additional mitigation for public facility projects or to
purchase additional open space land as authorized by local proposition C, approved in
November 2002.
Through an annual review process, the City and the Wildlife Agencies will annually evaluate the
performance of the funding mechanisms and, notwithstanding other provisions of the MHCP,
will develop any necessary modifications to the funding mechanisms to address additional
funding needs.
If deficiencies are identified during the annual review process, the City and the Wildlife Agencies
will develop strategies to address any additional funding needs consistent with the MHCP.
Additional funding needs may occur for the following reasons: land acquisition costs increasing
faster than revenues; management or monitoring costs increasing faster than revenues; or
Subregional MHCP and Carlsbad Subarea Plan Findings 235
unanticipated increases in Adaptive Management costs. If a need for additional funding is
projected based upon any event listed above, the 10 percent contingency fund budgeted in the
PAR analysis by the Center for Natural Lands Management would be used. In addition, local
funding sources may be adjusted to cover the need by identifying new funding sources
tosupplement existing funding, utilizing contingency funds on a short-term basis, implementing
new tools to achieve conservation, and/or advancing endowment funds on a short-term basis.
The Service finds that the HMP includes adequate procedures to address Unforeseen
Circumstances. The HMP and IA include procedures for determining the occurrence of, and
responses to, both changed and unforeseen circumstances. The City identified, described, and
provided responses to the HMP for six changed circumstances that may affect those species
actively covered at the time of incident by the Subarea Plan and their habitat, and can be
reasonably anticipated and planned for in the HMP. The HMP changed, circumstances are fire,
flood events, climatic drought, increase of invasive species, disease’s such as West Nile Virus,
and the listing of a new species not covered by the plan. The MHCP and HMP use the adaptive
management strategy and funding to respond to the specified changed circumstance’s event.
Once again, the City has budgeted a 10 percent contingency fund in their PAR analysis of
management and monitoring costs for the City. Pursuant to an order issued on June 10,2004, by
the District Court for the District of Columbia in Spirit of the Sage Council v. Norton, Civil
Action No. 98-1873 (D. D.C.), the Service is enjoined from issuing new section lO(a)(l)(B).
Permits or related documents containing “No Surprises” assurances, as defined by the Service’s
“No Surprises” rule published at 63 FR 8859 (February 23, 1998), until such time as the Service
adopts new permit revocation rules specifically applicable to section 1 O(a)( l)(B), permits in
compliance with the public notice and comment requirements of the Administrative Procedures
Act. Until such time as the June 10,2004, order has been rescinded or the Service’s authority to
issue permits with “No Surprises” assurance has been otherwise reinstated, the Service will not
approve any incidental take permits or related documents that contain “No Surprises” assurances,
consistent with the Director’s Order dated June 28,2004.
D. The taking will not appreciably reduce the likelihood of the survival and recovery of
the species in the wild.
The Act’s legislative history establishes the intent of Congress that this issuance criterion’s be
identical to a finding of “no jeopardy” pursuant to section 7(a)(2) of the Act and the
implementing regulations pertaining thereto (50 CFR 402.02). As a result, the Service has
reviewed the MHCP Subregional Plan and the City of Carlsbad’s Subarea Plan under section 7 of
the Act. In the Carlsbad Biological and Conference Opinion (1-6-03-FWS-84), which is
incorporated herein by reference, the Service has concluded that the issuance of the proposed
Permit is not likely to jeopardize the continued existence of the species identified in Lists 1,2,3,
and 4 of the Biological Opinion. These lists represented covered species for the City of Carlsbad,
conditionally covered species for the City of Carlsbad, and species for which the City of Carlsbad
would not receive coverage, but could be covered by other cities under the MHCP Subregional
Plan. The Service has also concluded that the issuance of the proposed Permit is not likely to
Subregional MHCP and Carlsbad Subarea Plan Findings 236
destroy or adversely modify critical habitats which occur and/or is proposed in the MHCP
planning area (coastal California gnatcatcher, Riverside fairy shrimp, San Diego fairy shrimp,
least Bell’s vireo, southwestern willow flycatcher, and arroyo toad) and City of Carlsbad (coastal
California gnatcatcher, Riverside fairy shrimp, and San Diego fairy shrimp). This conclusion
does not rely on the regulatory definition of “destruction or adverse modification” of a critical
habitat at 50 CFR 402.02. Instead, we have relied upon the statute and the August 6,2004, Ninth
Circuit Court of Appeals decision in Gzford Pinchot Task Force v. U.S. Fish and Wildlife
Service (No. 03-35279) to complete the analysis in our biological and conference opinion with
respect to a critical habitat.
Conclusion
The Service finds that the taking to be authorized under the proposed Permit will not appreciably
reduce the likelihood of the survival and recovery of the Covered Species in the wild.
E. Other measures, as required by the Director of the Fish and Wildlife Service, as
necessary or appropriate for purposes of the Plan will be met.
The Service finds that all additional measures required by the Service as necessary or appropriate
for the MHCP Subregional Plan and City of Carlsbad Subarea Plan are included in the Subarea
Plan, IA and/or the Permits. In particular, the IA, an agreement among the Services, the
Department, and the City that govern implementation of the Plan, binds the Permittee to fully
implement and fund the Subarea Plan.
F. The Service has received the necessary assurances that the Plan will be
implemented.
The Service finds that the City of Carlsbad Subarea Plan and IA provide the necessary assurances
that the Plan will be carried out by the City. By accepting the Permit, the City is bound to fully
implement the provisions of the Subarea Plan in accordance with the IA.
V. CONSISTENCY WITH NCCP CONSERVATION GUIDELINES - ANALYSIS
AND FINDINGS
The final rule listing the coastal California gnatcatcher as a threatened species was published in
the Federal Register on March 30, 1993 (58 FR 16742). On December 10, 1993 (58 FR 65088),
in recognition of a State program that will provide for conservation and management of the
California gnatcatcher’s habitat in a manner consistent with the purposes of the Act, the Service
promulgated a special rule pursuant to section 4(d) of the Act, that defined the conditions under
which take of the gnatcatcher would not be a violation of section 9.
The special rule states that:
Subregional MHCP and Carlsbad Subarea Plan Findings 237
Incidental takes of the coastal California gnatcatcher will not be considered a
violation of section 9 of the Endangered Species Act of 1973, as amended (Act), if
it results from activities conducted pursuant to the State of Califomia’s Natural
Community Conservation Planning Act of 1991 (NCCP), and in accordance with
an NCCP plan for the protection of a coastal sage scrub habitat, prepared
consistent with the State’s NCCP Conservation and Process Guidelines provided
that: (I) The NCCP plan has been prepared, approved, and implemented pursuant
to California Fish and Game Code sections 2800-2840 (the NCCP Act of 1991)
and (ii) The Fish and Wildlife Service has issued written concurrence that the
NCCP plan meets the standards set forth in 50 CFR 17.32(b)(2) (the issuance
criteria for incidental take permits). The Service will issue its concurrence
pursuant to the provisions of the Memorandum of Understanding (MOU), dated
December 4, 1991, between the California Department of Fish and Game and the
Service regarding coastal sage scrub natural community conservation planning in
southern California.
Therefore, pursuant to the special rule, in addition to determining if the MHCP and the City of
Carlsbad’s Subarea Plan meet the incidental take permit issuance criteria, the Service must
concur that the MHCP and proposed City of Carlsbad Subarea Plan are consistent with the
State’s Process and Conservation Guidelines and are thus consistent with the NCCP Act of 1991.
The NCCP Process Guidelines were completed in November 1993 by the State (and The
Resources Agency), in coordination with the Service. The Process Guidelines are non regulatory
guidelines that describe the roles and responsibilities of the various parties and outline
Subregional NCCP plan preparation. As envisioned by the NCCP Process Guidelines,
Subregional planning is intended to be a collaborative effort by local jurisdictions, land owners,
environmental groups and others working with the Wildlife Agencies to create a comprehensive
NCCP. Consistent with the NCCP Process Guidelines, the California Department of Fish and
Game, the California Resources Agency, the Service, and the San Diego Association of
Governments (S ANDAG) representing the local jurisdictions developing the three Ongoing
Multi-Species Plans, signed an Ongoing Multi-Species Planning (OMSP) Agreement in March
1993. The OMSP Agreement provided formal recognition of the three San Diego County
Ongoing Multi-Species Plans, including the MHCP Plan, as components of the State’s NCCP
Program. The MHCP Plan provides more detail on the Subregional planning process.
The NCCP Conservation Guidelines, included as Attachment A to the Process Guidelines, were
prepared by the California Department of Fish and Game, based upon the recommendations of
the State’s Scientific Review Panel (SRP), a panel of five scientists with expertise in various
disciplines of biology, ecology and conservation biology. The Conservation Guidelines broadly
define coastal sage scrub conservation goals and objectives and provide specific biological
guidance for the preparation of subregional NCCPs. Specifically, the Conservation Guidelines
provide recommendations on: a) the scale and timing of conservation planning; b) an interim
strategy to be used until long-term plans are in place, and habitat evaluation procedure to
Subregional MHCP and Carlsbad Subarea Plan Findings 23 8
determine what needs to be protected during the interim planning period; c) research agenda to
determine specific needs for the ultimate preserve system; and d) goals for the final preserve
system and how these goals should be achieved. The Service has analyzed the MHCP Plan, and
the City of Carlsbad Subarea Plan, for general consistency with these recommendations, as
reviewed below.
A. Scale and Timing
The Conservation Guidelines indicate that five-county southern California regions are too large
to be planned as a single unit, and therefore the regions have been divided into subregions for
conservation planning purposes. Subregions are encouraged to formulate NCCPs for approval by
the California Department of Fish and Game and the Service as early as possible.
The MHCP study area includes the biological “subregional focus areas” identified within San
Diego County by the SRP in the Conservation Guidelines. As mentioned above, San Diego
County was divided into three subregions for conservation planning, the North County Multiple
Habitat Conservation Program (MHCP), the Multiple Habitat Conservation Program (MSCP)
Plan study area, and the County of San Diego’s Multiple Habitat Conservation and Open Space
Program (MHCOSP), which covers the eastern portion of the County. The MHCP was later split
into two. Now, the MHCP portion includes only the coastal cities, while the inland County
portion is being processed as the MSCP North. Together, these four Subregions encompass all
of the land containing natural vegetation remaining in the County. The MHCP Subregional Plan
was finalized by SANDAG earlier this year (March 2003). The County is currently drafting
MSCP North. The MHCOSP planning effort has only recently been initiated.
B. Interim Strategymabitat Evaluation Process:
The Conservation Guidelines recommend use of an interim planning strategy providing for
minimization of short-term habitat losses so as not to foreclose planning options, with the total
short-term loss limited to no more than 5 percent of coastal sage scrub habitat in any subregion,
while additional information is being gathered and Subregional planning is underway. The
Conservation Guidelines recommend that planning ensure adequate mitigation for interim habitat
losses. The Conservation Guidelines also indicate that coastal sage scrub and associated
noncoastal sage scrub vegetation communities need to be evaluated and ranked for interim
protection, while the long-term planning process is underway. A habitat evaluation process was
outlined in the Conservation Guidelines (page 11) as part of the interim strategy to identify those
lands that may be important for long-term conservation. The Conservation Guidelines note that
once a Subregional NCCP is approved by the wildlife agencies, the interim strategy no longer
applies.
The City of Carlsbad has complied with the interim take provisions of the 4(d) Rule and the
NCCP Conservation Guidelines for the coastal California gnatcatcher and its coastal sage scrub
habitat. The City reached its 5 percent threshold under the 4(d) program and only proceeded with
Subregional MHCP and Carlsbad Subarea Plan Findings 239
two additional 4(d) permits (Palomar Forum and Rancho La Costa Village) which total 4.9 acres
where they chose to burrow from the County of San Diego under their 1-122 policy. In addition,
there were four projects proposed for processing under the de minimus exemption of the 4(d)
program (Shelley, Hamptons, Aviara, and Arani) which total 0.82 acres. However, some large
project which impacted coastal sage scrub and coastal California gnatcatchers have proceeded
through consultation with the Army Corps of Engineers under section 7 of Act. Thus, the total
coastal sage scrub acreage developed to date within the City is more than 5 percent of the City’s
total. However, the City has substantially met the MHCP standards and guidelines for these
projects and overall, a greater amount of coastal sage scrub has been preserved than originally
was expected under the draft Subarea Plan (at least 10 more acres of coastal sage scrub have been
preserved in the City).
The habitat evaluation process in the Conservation Guidelines has been used by local
jurisdictions within the MHCP Planning area to ensure that long-term conservation planning
options are not foreclosed during the interim planning period. This habitat evaluation process
and the resulting map were used to identify the long-term conservation value of the habitat within
the MHCP Planning area. Consistent with the guidelines, proposed loss of high and intermediate
value coastal sage scrub has been evaluated on a case-by-case basis and any unavoidable impacts
have been mitigated at a higher level than impacts to a lower quality habitat. As described
briefly in Section 2.4 of MHCP Volume 1 and in more detail in Section 2 of MHCP Volume, the
NCCP habitat evaluation process was used in the analysis of the MHCP Subregional Plan to
identify important biological areas and linkages which form the basis of the Biological Core and
Linkage Area (BCLA) and ultimately the Focused Planning Area (FPA), the area within which
the permanent Preserve will be established.
Once the Carlsbad Subarea Plan is approved, the interim process allowed under the 4(d) rule will
no longer apply to the City of Carlsbad Subarea; the amount and location of incidental take and
habitat loss in this area will be subject to the terms and conditions of the section lO(a)(l)(B)
incidental take permit, the MHCP Plan, the Carlsbad Subarea Plan, and the City’s IA.
Subregional MHCP and Carlsbad Subarea Plan Findings 240
C. Research
The Conservation Guidelines point out that there is a lack of scientific information on important
aspects of coastal sage scrub biology. Therefore, the Guidelines indicate that the Subregional
planning process should begin as soon as possible and identify and fill information needs specific
to the subregion. The Guidelines also state that reserves should be managed in ways that are
responsive to new information as it accrues. Six major, interrelated research items are described
in the Conservation Guidelines. These research items are broad categories that are intended to
fill in the gaps in scientific knowledge needed to support the NCCP Program as a whole.
Various aspects of these research items have been undertaken by the Federal and State
governments, and local universities - the City does not directly contribute to the research agenda
and it is not expected to. However, the City will maintain and manage the Preserve within the
guidelines of MHCP Volume 3 within which all scientific research related to habitat
conservation, monitoring and habitat restoration and enhancement activities are permitted,
provided it has been approved and is consistent with the Subarea Plan.
D. NCCP Conservation Goals
The Conservation Guidelines (page 9) state that, based upon the information developed from the
various research tasks, “. . . subregional NCCPs will designate a system of interconnected
reserves designed to: 1) promote biodiversity, 2) provide for high likelihoods for persistence of
target species in the subregion, and 3) provide for no net loss of habitat value from the
present.. . .”
The biological goal of the MHCP to maintain the range of a natural biological communities and
species native to the regional, and contribute to regional viability of endangered, threatened, and
keys’ sensitive species sand their habitats, there by preventing local extirpation or species
extinction is consistent with the NCCP goals as stated in the Conservation Guidelines.
Numerous sensitive species were targeted for preservation within the MHCP preserve system,
and the presence or potential presence of these species was factored into the model used for
prioritizing preservation areas (Multiple Species Conservation Program Resource Document,
Volume I, Figure 4-3).
The MHCP preserve system is also intended to meet the NCCP goal of providing for high
likelihoods of persistence of those species whose survival and recovery are dependent upon
preservation in the MHCP Planning Area. The Carlsbad Biological and Conference Opinion
provides analyses for the effects of the Subregional Plan on Covered Species and addresses the
likelihood of species persistence in the subregion. The Service concluded that implementation of
the MHCP Subregional Plan and City’s Subarea Plan would not be likely to jeopardize the
continued existence of the Covered Species in the wild, nor preclude their recovery.
The Conservation Guidelines define no net loss of habitat value as I‘. . . no net reduction in the
ability of the subregion to maintain viable populations of target species over the long-term.” The
guidelines clarify that “the goal of no net loss of habitat value may be attainable even if there is a
Subregional MHCP and Carlsbad Subarea Plan Findings 24 1
net loss of habitat acreage,” provided that the preserve design is adequate and techniques are
employed to manage and restore the preserved habitat. Preserve design and management/
restoration are therefore key elements for meeting the NCCP conservation goals. The NCCP
guidelines regarding preserve design and management/restoration, and the manner by which the
MHCP Plan is expected to follow these guidelines, are described below.
1. Preserve design: The NCCP Conservation Guidelines identify seven basic tenets
of preserve design that should be applied to each subregion in order to achieve the
NCCP Subregional goals. The seven NCCP Conservation Guidelines tenets, and
the means by which each tenet is satisfied through MHCP, is described below.
More specific infomation for coastal sage scrub and the coastal California
gnatcatcher can be found in pages 4-333 through 4-354 of MHCP Volume 2).
a) Target species should be conserved throughout - the planning - area: This
tenet seeks to minimize the chance of species extinctiodextirpation by
providing for preservation of well-distributed populations rather than
confining species to a small portion of their range. In 1994, biologists
mapped a BCLA (see figure 2-4 of MHCP Volume l), which
encompassed the best remaining habitat areas, including all the largest
remaining blocks of habitat and critical linkages between them, based on
the configuration of extant natural vegetation communities results of the
composite habitat quality map, the known or likely occurrence of sensitive
species, topographic connectivity, and other biological considerations.
This BCLA was also updated slightly in 1998-99 based on the revised
biological database and other new information. The BCLA was then used
to designate the FPA (see figure 3-1 of MHCP Volume 1) throughout the
MHCP planning area to ensure the most biologically important habitat
lands remaining in the planning area are conserved, fragmentation is
minimized, and inclusions of already conserved lands are maximized.
Although this approach maximizes preservation of a continuous,
contiguous, connected preserve system throughout the MHCP planning
area and linking Marine Corps Base Camp Pendleton, MSCP South and
MSCP North, habitat within the MHCP planning area has been highly
fragmented due to city development and roads. The MHCP will increase
fragmentation during plan implementation, however, the preserve system
is designed to conserve a majority of all major population and critical
location areas and linkages and will improve some areas via habitat
restoration and enhancement. The FPA conserves approximately 73
percent of the BCLA for all habitat types and 67 percent of gnatcatcher
habitat within the BCLA.
The City of Carlsbad’s Preserve (see Figures 4,5, and 6 of HMP)
contributes a significant portion of the MHCP preserve area. However,
Subregional MHCP and Carlsbad Subarea Plan Findings 242
the City is located in a highly urbanized area and is approximately 65
percent developed. The Subarea Plan preserve system builds on existing
conserves areas and conserve larger, remaining blocks or cores of habitats
capable of sustaining threatened species over time; provides linkages to
ensure connectivity to the core areas and adjoining jurisdictions; protects
special resource areas outside of the core and linkage areas which include
vernal pools, listed plant species, and movement corridors for large
mammals; and provides conservation of the habitat in the gnatcatcher core
area of unincorporated San Diego County. The City’s preserve system
conserves 70 percent of the existing natural habitat within the City, 62
percent of gnatcatcher habitat within the City and 66 percent of
gnatcatcher habitat in the City that is in the BCLA.
Preserves should be as large as possible: This tenet is based on the
concept that, all other things being equaling, the larger the preserve, the
greater the species richness and the greater the chances of maintaining
long-term viability of populations. Habitat patch size was one of the
factors used in the GIS Habitat Evaluation Model to determine priority
areas to be preserved through the MHCP Plan, develop the BCLA, and
ultimately the FPA. However, the habitat within the MHCP planning area
has been highly fragmented due to city development and roads. The
largest blocks of natural vegetation (greater than 1,000 contiguous acres
each) occur in northern Escondido (Daley Ranch) and in the hilly areas of
southeastern Carlsbad and southwestern San Marcos. Other relatively
large blocks of habitats (at least several hundred contiguous acres each)
occur along the northern boundary 9 of Oceanside (adjacent to the Marine
Corps Base Camp Pendleton) and in scattered areas in eastern and central
Carlsbad, northern San Marcos, and southern Escondido. Otherwise,
natural habitats in the MHCP area are highly fragmented and occur
primarily in small (less than 200 acres), scattered patches surrounded by
development or agriculture. Large blocks of habitats have been identified
for conservation in the eastern side of Carlsbad; an eastern side of
unincorporated San Diego County within the City of Encinitas’ sphere of
influence; the northern and southern portions of San Marcos; Daley Ranch,
Rancho San Pasquel, Bemardo Mountain, and Montreaux areas within the
City of Escondido
The City of Carlsbad identified eight core areas for preservation where
only two areas are less than 850 acres of natural vegetation. The City has
created specific standards for these areas in addition to hardline preserve
boundaries which were created in conjunction with the Service and
California Department of Fish and Game.
Subregional MHCP and Carlsbad Subarea Plan Findings 243
c) Preserve areas should be close together: This tenet is based on the concept
that species dispersal between habitat patches is more likely when patches
are closer together. Habitat proximity was one of the factors used to
develop the BCLA, and ultimately the FPA. The BCLA and FPA were
also designed to incorporate and buffer areas that are already conserved.
The City of Carlsbad identified those areas already conserved or that will
be conserved in the future within the City and designed the FPA to
include, buffer and link areas such as mitigation bank lands. Although the
City of Carlsbad was largely developed prior to this process, the FPA
within the City represents a nearly continuous connection of natural
habitats from the ocean eastward and along two north south movement
areas.
d) Habitat should be kept contiguous: This tenet seeks to maximize overall
habitat patch size in order to minimize edge effects and the chances of
local stochastic extirpations, and to promote wildlife movement between
habitat areas. Habitat contiguity was one of the factors used to develop the
BCLA, and ultimately the FPA. The MHCP planning area baseline is
fragmented by development, especially in the western half of the study
area. However, the BCLA and FPA were designed to maintain habitat
blocks and connectivity. Once again, the FPA preserves 73 percent of the
BCLA.
The City of Carlsbad identified those areas already conserved or that will
be conserved in the future within the City and designed the FPA to include
those areas. The HMP also identifies linkages and wildlife corridors that
connect the eight core areas discussed above. These areas combined
represent over 7,400 acres of natural habitat within the City. The City has
created specific standards for these areas in addition to hardline preserve
boundaries which were created in conjunction with the Service and
California Department of Fish and Game.
e) Preserves should be linked with corridors: The protection of wildlife
corridors is necessary to promote dispersal between habitat patches.
Habitat linkage and maintenance of wildlife corridors were used to
develop the BCLA, and ultimately the FPA. The BCLA and FPA were
designed to maintain habitat connectivity. Preserve configurations were
assessed qualitatively, at a landscape scale, by assessing the expected
effects of MHCP implementation on wildlife movement between core
preserve areas. This analysis looked specifically at linkages between the
coastal lagoons and inland habitat areas (generally east-west corridors
associated with riparian habitats), as well as north-south linkages to allow
Subregional MHCP and Carlsbad Subarea Plan Findings 244
wildlife movement between the larger habitat blocks that lie north and
south of the study area. Habitat linkages include using the lagoon and
riparian areas to maintain connectivity and maintaining a corridor through
MHCP which connects among MSCP South, MSCP North and Marine
Corps Base Camp Pendleton. Again, the FPA preserves 73 percent of the
BCLA.
The City of Carlsbad identified linkages and wildlife corridors that
connect the eight core areas discussed above. Again, these areas combined
represent more than 7,400 acres of natural habitat within the City. The
City has created specific standards for these areas in addition to hardline
preserve boundaries which were created in conjunction with the Service
and California Department of Fish and Game.
f) Preserves should be diverse: This tenet states that blocks of habitats
should contain a diverse representation of physical and environmental
conditions to meet the habitat requirements of multiple species. The
BCLA and FPA preserve configuration was also assessed separately for
each MHCP species analyzed based on its particular space requirements,
dispersal abilities, susceptibility to diverse edge effects, etc. Each species
evaluation in MHCP Volume 2 includes a subsection on expected preserve
configuration effects on the species continued viability in the study area.
In addition, the MHCP provides at least some level of protection for all
natural habitat types found in the MHCP planning area. All vegetation
types are conserved more than 62 percent except for coastal sage/chaparral
mix (53 percent) and grasslands (32 percent). In addition, the FPA
includes areas that may not have been identified in the BCLA, but are
important for individual species such as vernal pools’ species and narrow
endemic plants.
The City of Carlsbad protects a diverse range of habitat types in their FPA
and identified three Special Resource Areas (SRA) to be preserved for
narrow endemic species and wildlife movement. The City has created
specific standards for these areas. The City will conserve more than 65
percent of all vegetation types throughout the City except for grasslands
(38 percent) and eucalyptus woodlands (38 percent).
g) Preserves should be protected from encroachment: Where possible, the
Preserve was designed to minimize the interface between native plant
communities and developed areas, in order to minimize edge-effects such
as increased brown-headed cowbird brood parasitism, nest predation, an
invasion of exotic species, and direct human disturbance. The MHCP Plan
recognizes that it will be necessary, especially in areas with high ratios of
Subregional MHCP and Carlsbad Subarea Plan Findings 245
2.
edges to habitat area, to actively manage habitats in a manner that will
minimize and remedy encroachment effects. The MHCP Subregional
Plan and the City’s Subarea Plan include adjacency guidelines that
minimize edge effects and limit invasions from exotic species.
The Service concludes that the MHCP Subregional Plan and the City of Carlsbad
Subarea Plan provide for preserve assembly in a manner consistent with the tenets
of preserve design while acknowledging the constraints due to existing
development patterns.
Management and Restoration: The Conservation Guidelines also note the
importance of habitat management, and restoration activities, and state that
ongoing restoration research will be essential to adaptive management of coastal
sage scrub habitats.
The MHCP Subregional Plan and City of Carlsbad Subarea Plan provide
comprehensive management and conservation of the subregion’s multiple wildlife
species. Volume 3 of the MHCP provides guidance for the implementation,
staffing, and funding of a management and monitoring program within MHCP.
The tasks outlined in this plan are the minimum necessary. In addition to this
monitoring and management plan, each participating city has prepared a
framework management plan as part of its subarea plan that references this MHCP
monitoring and management plan and identifies the resources most important for
monitoring and management in specific parts of its subarea as determined by the
goals of the MHCP. As individual areas are dedicated to the preserve, each city
must prepare an area-specific monitoring and management plan for the newly
conserved areas within its subarea. There is no minimum acreage for which area-
specific monitoring and management directives must be prepared; all areas of the
preserve must have area-specific directives. Area-specific monitoring and
management plans will include the results of baseline biological surveys, describe
site-specific threats to resources, and identify site-specific management actions to
address these threats. Area-specific monitoring and management plans must be
approved by the wildlife agencies. Area-specific monitoring and management
plans must be developed for preserve lands no later than 2 years after lands are
dedicated to the preserve and implemented immediately upon approval of the
management plan. The permanent protection and management of these vegetation
communities will contribute to the long-term viability of the 61 species with
potential for coverage under the MHCP Subregional Plan.
The City developed a Draft Open Space Management Plan (OSMP) dated May
2004 to describe a process and structure for open space management and
monitoring in the City, to identify and describe key open space management
issues in the City, to recommend strategies and solutions for effectively handling
Subregional MHCP and Carlsbad Subarea Plan Findings 246
these open space management issues, and to quantify expected management and
monitoring costs for implementation of the OSMP. The City has ultimate
responsibility for all monitoring, management, and reporting on all OSMP lands
covered by the HMP except those owned and/or managed by the Wildlife
Agencies as of the date the Carlsbad HMP IA is signed. More specifically, the
City is responsible for overseeing implementation and maintaining compliance
with the HMP by tracking habitat gains/losses using Habitrak; conducting
compliance monitoring; monitoring species and habitat via the preserve steward
and preserve managers; and management and maintenance via the preserve
steward and preserve managers. The City will fund the additional monitoring and
management activities needed to close the management gaps on lands it manages.
However, the City will not initially provide active biological management or
monitoring on private lands or existing open space as depicted as Private on figure
2-3 of the OSMP. The HOA or private landowner will be responsible for
controlling trash, fire, and illegal encampments. However, if funding becomes
available, such as through a regional funding source, the City will coordinate with
private landowners and Homeowners Associations to use these funds to
implement and oversee active biological management and monitoring on these
lands at the MHCP level. As a result of this delayed ability to access and fund
management and monitoring for such lands, coverage for certain species (as
shown in List 2 and List 3), are conditioned upon the City gaining such access and
funds.
Additionally, the Carlsbad Subarea Plan includes a habitat restoration component
for 104 acres of coastal sage scrub to occur in key locations within the City’s FPA.
The purpose of the restoration is to increase a breeding habitat for the gnatcatcher
and improve functionality of a “stepping-stone” linkage through the MHCP plan
area. The key locations identified were on the Carlsbad Raceway, Robertson
Ranch, and the City’s proposed municipal golf course. The Carlsbad Raceway has
since been approved under formal consultation with the U.S. Army Corps of
Engineers under section 7 of the Act. The applicant has committed to restoration
of 17.5 acres of coastal sage scrub restoration associated with this project. In
addition, coastal sage scrub restoration will occur onsite at the adjacent Palomar
Forum (1.57 acres) and Carlsbad Oaks North (20.9 acres) projects. The Robertson
Ranch site is expected to have 10 acres of coastal sage scrub revegetation
associated with the Calavera Hills project and an additional 21 acres of coastal
sage scrub revegetation associated with developing the Robertson Ranch parcel.
The City’s proposed municipal golf course has since increased the amount of on-
site revegetation of coastal sage scrub by 15.4 acres, however, this restoration
credit is being deducted fiom the City’s obligations in the gnatcatcher core area as
described below. In addition, the Carlsbad Oaks North project will be restoring
20 acres of nonnative grasslands to coastal sage scrub offsite at the Carlsbad
Highlands mitigation bank. Thus, shortly after receiving their permit for the
Subregional MHCP and Carlsbad Subarea Plan Findings 247
HMP, the City is expected to meet and exceed the 104 acres of coastal sage scrub
revegetation expected in section 3.3.2 of MHCP Volume 1.
Conclusion
By formulating conservation strategies for entire ecosystems, the State’s NCCP program attempts
to address long-term biological protection and management of multiple species and their
associated habitats at a Subregional level. The special 4(d) rule for the gnatcatcher was enacted
by the Service to provide for incidental takes that were in accordance with an approved NCCP
plan. As discussed above, the MHCP Subregional Plan and City of Carlsbad Subarea Plan and
IA incorporate the recommendations of the Conservation Guidelines and are consistent with the
NCCP conservation goals of promoting biodiversity, providing for high likelihoods for
persistence of target species in the subregion, and providing for no net loss of habitat value from
the present. These goals are achieved through the preserve design and management measures
described above.
Based upon detailed review of the MHCP Subregional Plan, City of Carlsbad Subarea Plan and
IA, MHCP EWER, the Service’s analysis of effects of the proposed action in the Carlsbad
Biological and Conference Opinion, the review of ongoing NCCP-related research, and the
commitments in the MHCP Plan, Subarea Plan and IA, the Service concurs that the City of
Carlsbad Subarea Plan has been prepared consistently with the NCCP Process and Conservation
Guidelines. The Department will also make its analysis and present its findings. Because we
collaborated with the Department throughout this process, we anticipate that it will make similar
findings when it issues its management authorization pursuant to section 2081 of the Fish and
Game Code, and approves the NCCP/HCP pursuant to the NCCP Act of 1991.
VI. GENERAL CRITERIA AND DISQUALIFYING FACTORS -- FINDINGS
The Service has no evidence that the Permit application should be denied on the basis of the
criteria and conditions set forth in 50 CFR 13.21(b) - (c).
VII. RECOMMENDATION ON PERMIT ISSUANCE
Based on the foregoing findings with respect to the proposed action, I recommend approval of
the issuance of Permit Number xxx in accordance with the MHCP Subregional Plan and City of
Carlsbad Subarea Plan and its supporting IA’s for incidental take of the species identified in List
1 of the Carlsbad Biological Opinion. I also recommend that take authorization to the City of
Carlsbad for the species identified in List 2 of the Carlsbad Biological Opinion become effective
after the Service issues a permit to the respective other MHCP Cities for which coverage is
dependent as identified in the Carlsbad Biological Opinion. Lastly, I recommend that take
authorization to the City of Carlsbad for the species identified in List 3 of the Carlsbad
Biological Opinion become effective after the City assures me and receives concurrence from the
Subregional MHCP and Carlsbad Subarea Plan Findings
Service that adequate access and funding is available for management and monitoring as
identified in the Carlsbad Biological Opinion for each of these species.
@ng
CalifomhNevada Operations Office
NOV 12 2004
Date
248
Subregional MHCP and Carlsbad Subarea Plan Findings 249
References
City of Carlsbad. Habitat Management Plan for Natural Communities in the City of Carlsbad
(dated December 1999), with Addendum 1 (dated December 1999) and Addendum 2
(dated June 2003).
Implementation Agreement by and among the City of Carlsbad, the California Department of
Fish and Game, and the U.S. Fish and Wildlife Service, to establish the Habitat
Management Plan for the Conservation of Threatened , Endangered, and Other Species in
the City of Carlsbad, California. Dated November -, 2004.
SANDAG. Multiple Habitat Conservation Program Plan, Volumes 1,2, and 3. Dated March
2003.
U.S. Fish and Wildlife Service and San Diego Association of Governments. Final
Environmental Impact Statement/Environmental Impact Report for Threatened and
Endangered Species Due to the Urban Growth within the Multiple Habitat Conservation
Program Planning Area. Volumes I and II. Dated March 2003.
U.S. Fish and Wildlife Service. Biological and Conference Opinions on Issuance of an
Incidental Take Permit to the City of Carlsbad pursuant to the Multiple Habitat
Conservation Program, San Diego County, California (1-6-03-FWS-847.4). Dated
November -, 2004.