HomeMy WebLinkAboutPIP 97-07; Newton Business Center; Planned Industrial Permit (PIP) (23)-. I
February 27, 1998
Ms. Anne Hysong
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
Mitigated Negative Declaration of the Newton Business Center Project
PIP 97-07EIDP 97-18KDP 97-35
Dear Ms. Hysong:
In response to the California Department of Fish and Game's (DFG) comment letter,
dated January 23, 1998, on the draft Mitigated Negative Declaration for the Newton Business
Center Project, Industrial Developments International (IDI) has responded with a revised
mitigation proposal that addresses our original concerns. The DFG concurs with the mitigation
proposals detailed in the attached letter from IDI, and believes that their implementation will
reduce impacts to biological resources to below a level of significance. Please incorporate these
mitigation measures into the conditions of approval of the Final Mitigated Negative Declaration.
If you have any questions please contact David Lawhead at (61 9) 467-421 1. Thank you.
Sincerely,
William E. Tippets
NCCP Field Supervisor
attachment
cc: Department of Fish and Game
Mr. Ron Rempel
Ms. Gail Presley
Sacramento
Ms. Anne Hysong
February 27, 1998
Page Two
Mr. David Lawhead
San Diego
U. S. Fish and Wildlife Service
Ms. Sherry Barrett
Ms. Julie Vandenvier
Carlsbad Field Office
FILE: Chon
NEWTON.LTR
LAWHEAD/TIPPETS
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 97-07/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 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 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
. c
Brodiaeafilifolia. 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:
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 Brodiueufilifolia 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.
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 Brodiueufilifoliu 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.
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 Chorizunthe 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.
c
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 Brodiuealnative 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 Vandewier - U.S. Fish and Wildlife Service
Mr. Jim Dice - California Department of Fish and Game
Ms. Anne Hysong - City of Carlsbad
Dr. Don Hunsaker 11 - The Environmental Trust
Mr. Jim Carter - Environmental Land Solutions
Mr. Royce Riggan, Jr. - RBRiggan and Associates