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HomeMy WebLinkAboutPIP 97-07; Newton Business Center; Planned Industrial Permit (PIP) (22)United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Field Office . . .- Ms. Anne Hysong City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 Re: Mitigated Negative Declaration for the Newton Business Center Project PIP 97-07/HDP 97-18/CDP 97-35; APN 212-050-43 Dear Ms. Hysong: The U.S. Fish and Wildlife Service (Service) has reviewed a letter from Alan Sharp of Industrial Developments International (IDI) to both Sheryl L. Barrett (Service) and William E. Tippets (California Department of Fish and Game; CDFG) dated February 13,1998 (attached). The purpose of this letter was to resolve issues raised in the Service's January 21, 1998 comment letter to the City of Carlsbad regarding the certification of a Negative Declaration (ND) for the Newton Business Center project which involves the development of 16.1 1 acres located north of College Boulevard, west of El Camino Real, and east of Faraday Avenue in the City of Carlsbad. The Service concurs with the resolutions proposed for issues involving the coastal California gnatcatcher (Polioptila californica californcia; gnatcatcher), thread-leaved brodiaea (Brodiaea Jilifolia), Orcutt's spineflower (Chorizanthe orcuttiana), and southern maritime chaparral. The proposed preserve expansion of the thread-leaved brodiaea preserve, transfer of fee title and management responsibilities for this preserve to The Environmental Trust, coordination with CDFG to obtain a section 208 1 permits for the translocation of seven individuals of thread- leaved brodiaea into the preserve, and off-site acquisition of southern maritime chaparral at a ratio of 1.5:l for project impacts to this community will reduce impacts to these resources to a level which is less than significant. Impacts to coastal sage scrub may be authorized through the use of the de minimus exemption to the 4(d) Special Rule as habitat loss will be less than one acre, is not occupied by gnatcatchers, and will not preclude the preparation of a subregional/subarea plan. Off-site mitigation at a 1 : 1 ratio is acceptable to the Service and should occur in a conservation bank which contains coastal sage scrub (e.g. Carlsbad Highlands or the Manchester Avenue Conservation Bank). Ms. Anne Hysong The Service appreciates the City's and applicant's cooperation in the timely resolution of these issues. We would like to review the revised ND to ensure that the conditions of approval incorporate the revised mitigation measures for thread-leaved brodiaea and southern maritime chaparral. If you have any questions regarding the contents of this letter, please contact Julie Vanderwier at (760) 43 1-9440. 2 Sincerely, 1L. Barrett Field Supervisor cc: David Lawhead, CDFG 1-6-98-HC-SD-108 . , I- * ,. Attachment 1 February 13,. 1998 Ms. Sheryl L. Barret Assistant Field Supervisor Fish and Wildlife Service 2730 Lokar Avenue West Carlsbad, CA. 92008 Mr. William E. Tippets NCCP Field Program Supervisor Department of Fish and Game Natural Communities Conservation Planning 4949 Viewridge Avenue San Diego, CA. 92123 Reference: Mitigated Negative Declaration for the Newton. Business Center Project City of Carlsbad - PIP 97-07MDP97- 18/CDP 97-35 - Response to Department of Fish and Game and Fish and Wildlife Service Comments Dear Ms. Barret and Mr. Tippets: As a part of the public review for the Mitigated Negative Declaration for the above named project, the City of Carlsbad received letters of comment from the Fish and Wildlife Service (dated 21 January 1998) and from the Department of Fish and Game (dated 23 January 1998). Industrial Developments International, Inc. (“IDI”) is the applicant in the above named matter. At the request of the City of Carlsbad and in conjunction with our biological consultant, RBRiggan and Associates, we have reviewed the issues raised in these letters in dctail with thc two wildlife agencies. We believe that the issues identified have been resolved to the general satisfaction of all the parties. Specifically: California Gnatcatcher. RBRiggan and Associates, performed a “protocol” survey for the California Gnatcatcher on the Newton Drive. site in the spring of 1997. The fact that this was a protocol survey was indicated in the technical report prepared by RBRiggan, however, that report was apparently not distributed to either of the agencies as a part of the public review of the Mitigated Negative Declaration. It is our understanding that RBRiggan has discussed this survey with the staffs of both agencies, and both are satisfied as to the work performed. The site is not occupied by the California Gnatcatcher. Industrial Developments International 18101 Von Karman Avenue. Suite 120. Irvine. California 92612 (714) 833-9998 Fax: (714) 476-4495 Brudiaeafilifofia. Apparently, due to the rainfall patterns in the spring of 1997, the Brodiaea population within the site did not produce flowers, or even a vegetative component, during last years growing season. However, with the robust rainfall over the few months, a few thousand individuals of this species can now be identified within the bounds of the existing, fenced preserve. A few hundred additional individuals are located outside the fenced preserve (but within open space), and seven individuals have been located beneath the proposed building footprint. Accordingly, it is IDI’s intent to: 0 Re-locate and expand the fence around the Brodiaea preserve to include all of the individuals in the eastern part of the project site along with all of the adjacent clay soils on that part of the property. This fence will be of identical material to the one presently in place and will be constructed prior to any grading of the property. This expansion of the fenced preserve will included literally 99.99 % of the individuals of this species found within the bounds of the ID1 ownership. 0 Transfer this Brodiaeafilifolia preserve in fee title to The Environmental Trust along with an appropriate endowment. The Environmental Trust has agreed to accept title to the parcel along with the long-term maintenance and monitoring requirements. They understand, for example, that Foeniculum removals will be necessary this year in the southern part of the preserve. 0 Obtain form The Department of Fish and Game as section 2081-permit or other appropriate entitlement to allow any necessary recovery and transplantation of the seven individuals of Brodiaeafilifolia from within the bounds of the proposed development. In order to expedite this process, RBRiggan and Associates (with the advice of The Fish and Game Botanist, Mr. Jim Dice) has forwarded to Mr. Ron Rempel a letter requesting The Department’s direction in this matter (copy attached). We understand that the city will make these mitigation requirements conditions of approval of the Mitigated Negative Declaration. Churizanthe orcuttiana Our consultant performed a comprehensive survey for this species on the Newton Drive site in the spring of 1997. At our request, additional surveys have been performed this spring and no Chorizanthe species have been found within the bounds of the project. It is our understanding that both agencies concur with this work and that the species is apparently absent from the property. Southern Maritime Chaparral. Understanding that the definition of this vegetation type is ill-defined and qualitative at best, we have never-the-less agreed to mitigate for the loss of chaparral habitat within the development area on a 1S:l basis. ID1 is working closely with Environmental Land Solutions (of Carlsbad) and is presently in the process of identifying an appropriate “Tier 1” mitigation property. We will complete implementation of a 1.5: 1 mitigation (less credit for the Brodiaednative grassland preserve, also a Tier 1 habitat) in the next few weeks. We understand that the city will make this mitigation ratio a condition of approval of the Mitigated Negative Declaration. Sincerely, INDUSTRIAL DEVELOPMENTS INTERNATIONAL @= Vice President, Construction AJS:tlr cc: Dr. David Lawhead - California Department of Fish and Game Ms. Julie Vandenvier - U.S. Fish and Wildlife Service Mr. Jim Dice - California Department of Fish and Game Ms. Anne Hysong - City of Carlsbad Dr. Don Hunsaker I1 - The Environmental Trust Mr. Jim Carter - Environmental Land Solutions Mr. Royce Riggan, Jr. - RBRiggan and Associates February 13,1998 Ms. Sheryl L. Barret Assistant Field Supervisor Fish and Wildlife Service 2730 Lokar Avenue West Carlsbad, CA. 92008 Mr. William E. Tippets NCCP Field Program Supervisor Department of Fish and Game Natural Communities Conservation Planning 4949 Viewridge Avenue San Diego, CA. 921 23 Reference: Mitigated Negative Declaration for the Newton Business Center Project City of Carlsbad - PIP 97-07/HDP97-18/CDP 97-35 - Response to Department of Fish and Game and Fish and Wildlife Service Comments Dear Ms. Barret and Mr. Tippets: As a part of the public review for the Mitigated Negative Declaration for the above named project, the City of Carlsbad received letters of comment from the Fish and Wildlife Service (dated 2 1 January 1998) and from the Department of Fish and Game (dated 23 January 1998). Industrial Developments International, Inc. (“IDI”) is the applicant in the above named matter. At the request of the City of Carlsbad and in conjunction with our biological consultant, RBRiggan and Associates, we have reviewed the issues raised in these leiters in detail with the two wildlife agencies. We believe that the issues identified have been resolved to the general satisfaction of all the parties. Specifically: California Gnatcatcher. RBRiggan and Associates, performed a “protocol” survey for the California Gnatcatcher on the Newton Drive site in the spring of 1997. The fact that this was a protocol survey was indicated in the technical report prepared by RBRiggan, however, that report was apparently not distributed to either of the agencies as a part of the public review of the Mitigated Negative Declaration. It is our understanding that RBRiggan has discussed this survey with the staffs of both agencies, and both are satisfied as to the work performed. The site is not occupied by the California Gnatcatcher. Industrial Developments International 18101 Von Karman Avenue, Suite 120. Irvine, California 92612 (714) 833-9998 Fax: (714) 476-4495 Brodiaeafiliffia. Apparently, due to the rainfall patterns in the spring of 1997, the Brodiaea population within the site did not produce flowers, or even a vegetative component, during last years growing season. However, with the robust rainfall over the few months, a few thousand individuals of this species can now be identified within the bounds of the existing, fenced preserve. A few hundred additional individuals are located outside the fenced preserve (but within open space), and seven individuals have been located beneath the proposed building footprint. Accordingly, it is IDI’s intent to: 0 Re-locate and expand the fence around the Brodiaea preserve to include all of the individuals in the eastern part of the project site along with all of the adjacent clay soils on that part of the property. This fence will be of identical material to the one presently in place and will be constructed prior to any grading of the property. This expansion of the fenced preserve will included literally 99.99 % of the individuals of this species found within the bounds of the ID1 ownership. Transfer this BrodiaeafiZifolia preserve in fee title to The Environmental Trust along with an appropriate endowment. The Environmental Trust has agreed to accept title to the parcel along with the long-term maintenance and monitoring requirements. They understand, for example, that Foenicuhm removals will be necessary this year in the southern part of the preserve. 0 Obtain form The Department of Fish and Game as section 208 1 -permit or other appropriate entitlement to allow any necessary recovery and transplantation of the seven individuals of BrodiaeafiZifoZiu from within the bounds of the proposed development. In order to expedite this process, RBRiggan and Associates (with the advice of The Fish and Game Botanist, Mr. Jim Dice) has forwarded to Mr. Ron Rempel a letter requzsting The Depa-tment’s direction in this matter (copy attached). We understand that the city will make these mitigation requirements conditions of approval of the Mitigated Negative Declaration. Chorizanthe orcuttiana. Our consultant performed a comprehensive survey for this species on the Newton Drive site in the spring of 1997. At our request, additional surveys have been performed this spring and no Chorizanthe species have been found within the bounds of the project. It is our understanding that both agencies concur with this work and that the species is apparently absent from the property. ,- Southern Maritime Chaparral. Understanding that the definition of this vegetation type is ill-defined and qualitative at best, we have never-the-less agreed to mitigate for the loss of chaparral habitat within the development area on a 1.5: 1 basis. ID1 is working closely with Environmental Land Solutions (of Carlsbad) and is presently in the process of identifying an appropriate “Tier 1” mitigation property. We will complete implementation of a 1.5: 1 mitigation (less credit for the Brodiueulnative grassland preserve, also a Tier 1 habitat) in the next few weeks. We understand that the city will make this mitigation ratio a condition of approval of the Mitigated Negative Declaration. Sincerely, INDUSTRIAL DEVELOPMENTS INTERNATIONAL n @=> Vice President, Construction AJS:tlr cc: Dr. David Lawhead - California Department of Fish and Game Ms. Julie Vanderwier - U.S. Fish and Wildlife Service Mr. Jim Dice - California Department of Fish and Game Ms. Anne Hysong - City of Carlsbad Dr. Don Hunsaker I1 - The Environmental Trust Mr. Jim Carter - Environmental Land Solutions Mr. Royce Riggan, Jr. - RBRiggan and Associates