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HomeMy WebLinkAboutPIP 97-07; Newton Business Center; Planned Industrial Permit (PIP) (20)RBRiggan ar 121 Associates 15 March 1998 a,* z Mr. Ron Rempel Chief, Environmental Services Division California Department of Fish and Game 14 16 Ninth Street Sacramento CA 958 14 i,<.! 3‘1 .i , f. I ,. *.l 1 .> , , .. . .: FAX: 916-653-2588 I *:; .. ., .i ‘ ti . . , ‘r.,. !~. 1’. .’ ’ < ., Reference: Newton Drive Industrial Facility Site - City of Carlsbad - Brodiaeafifilijofilia Preservation (RBR job Number 1652.36A) Dear Mr. Rempel: In the spring of 1997, RBRiggan and Associates prepared a comprehensive Biological Assessment of a 16.1 - acre property in the City of Carlsbad. The site is located at the terminus of Newton Drive, north of the junction of College Boulevard and Faraday Avenue (north of Palomar Airport and west of El Camino Real). This Biological Assessment was reviewed with both the staff of the San Diego NCCP ofice and the Carlsbad Field Office of the Fish and Wildlife Service. At the time of this review there was a general concurrence by both agencies that the various biological issues associated with the project had been addressed. The 16.1 -acre property is the major part of an approximately 19-acre habitat fragment that lacks connectivity to any core or linkage areas. Based, in part, on the “completed” biological work, Industrial Developments International, Inc., (IDI) purchased the property in the fall of 1997. They proceeded immediately with the called for acquisition of mitigation credits for the small area of Coastal Sage Scrub (1 : 1 for 0.78-acres) on the property and applied to the City of Carlsbad for the necessary entitlements to construct a 175,000 square foot industrial facility. A tenant for the entire industrial building has been identified and specific building designs completed for that tenant. On 21 January 1998 we received a letter from the Fish and Wildlife Service and on 23 January a letter from the Department of Fish and Game. Both letters were received at the end of the public review period on the Negative Declaration for the project. Both letters raised four issues relative to impacts to: the Coastal California Gnatcatcher, Chorizanthe orcuttiana, Southern Maritime Chaparral, and Brodiaeafilijoliu. Two of these issues are immediately and easily addressed: we performed a federal protocol survey for the Gnatcatcher in April and May of 1997 -the bird was not found, the site is not occupied habitat. Knowing the extraordinary rarity of the Chorizanthe, we also performed a comprehensive survey for that species, it was not found on the site. Although we do not necessarily concur with the classification of the chaparral on site as “Southern Maritime Chaparral,” we have never-the-less resolved that issue with Dr. David Lawhead of the San Diego NCCP office, and IDI, Inc., is acquiring appropriate, additional mitigation credits (at 1.5: 1). The remaining question, the Brodiaeafilijolia population, we bring to your attention - we need your assistance in resolving this issue. In the eastern part of the property is a small fenced area set aside in 1984 as a preserve for Brodiaea filijolia. When we examined this fenced preserve and the adjacent clay soilshative grasslands in the spring of 1997, none of the Brodiaea were observed. The undersigned is quite familiar with the species and its siblings, having previously photographed and recorded populations with the CNDDB. With perfect hind sight, we attribute the lack of sightings to the rainfall pattern (or lack thereof) in the spring of 1997. Mr. Ron Rempel 15 March 1998 page two Today (with the extraordinary rains received this year), there are a few thousand vegetative Brodiaea$i$?oiia observable within the bounds of the fenced preserve. Outside the perimeter fence, but within areas designated for preservation as a part of IDI’s proposed industrial development are several hundred additional Brodiaea’s. All of these plants will be preserved. ID1 has agreed to expand the preserve fencing to include all of the preserved grasslands and all of the above identified and discussed Brodiaeafibifolia. This action will preserve literally 99.99 per cent of the individuals of this endangered species that lie within IDI’s ownership. Our problem lies with approximately seven individuals of the species that have been found within the fcotprint of the proposed icdustrial development. These plants lie 01, a clay soil that is occupied by an adventive, ruderal association and are far removed from the to-be-expanded preserve. Ideally we could simply transplant these individuals to within the bounds of the preserve. However, we need the Department’s concurrence and permission for such as action. We would be most appreciative of your advice as to how to proceed with the resolution of these seven plants. We have spoken with Mr. Jim Dice and he has suggested that we communicate with you as to an appropriate CESA MOU process. IDI’s present tenant agreements require it to have a building ready for occupancy on this site by 1 September 1998. We are, needless-to-say under considerable pressure to resolve these outstanding matters Actions needed to resolve this issue have already been made conditions of approval of the City’s permits. We look forward to your advice as to how to proceed with this matter. Sincerely, Royce B. Riggan, Jr., AICP Consulting Biologist RBR:ct attachment: sketch map of site cc: Mr. Jim Dice Mr. Bill Tippets Dr. David Lawhead Ms. Julie Vandenvier - Fish and Wildlife Service Ms. Anne Hysong - City of Carlsbad Mr. Alan Sharp - IDI, Inc. [:\1652-let.003] Existing preserve fence actually extends onto the adjacent parcel. Existing, fenced, BrodiaeaJiIifoEia preserve. Includes a few thousand individuals of the species. .I. BrodiaeaJilifolia lying outside of the fenced preserve. Several hundred individuals. These will . I! be preserved and the fence expanded to include them. Approximate location of seven / extralimital individuals of BrodiaeaJilifolia. v No Scale 7 Limits of development proposed by IDI. [Project is located on the San Luis Rey U.S.G.S. 7%- minute Quadrangle Map] 15 March 1998 Relationship of the Newton Drive Industrial 1 JilifoZia and the Existing Fenced Preserve 1 Facility to Existing Populations of Brodiaea F i g u re Associates I I