HomeMy WebLinkAboutRE_ EXTERNAL_ Re_ _EXTERNAL_ HCP contact (2)CAUTION: This message originated outside of our City of Diamond Bar network.
Hi Ryan,
I just had a great and very productive phone call with Carol Roberts of USFWS. I showed her the project on my screen, described the various avoidance measures that the City plans to
implement (avoiding the breeding season, mitigating for sensitive communities, closing off the trail, nesting bird survey if the project can’t avoid the season). She had a good feeling
about the project and its potential to avoid an HCP process, but stopped short of committing to anything until she has all the facts and details in front of her to review. Here are
some of the comments that she had in response to the information I provided to her:
* For construction purposes, foot crews will be preferred. I told her everybody’s preference would be to use foot crews as much as possible, at least for the widenings, but that a single
piece of equipment may be required for some of the larger pullout areas where larger areas are being removed to accommodate shade structures and benches. She needs a commitment from
the City about what the construction methods will be, even if it does mean heavy equipment, she needs a solid commitment on what will be used, and we need to include those details in
the written memo that I send to her so that she can judge what the ultimate impacts would be. Especially where there are territories mapped in the vicinity of areas where heavy equipment
may be required, that’s where she’s concerned about impacts on the birds.
* She liked that the project was very low impact and did not take up much acreage. She emphasized that it was a breath of fresh air from some other multi-use trails recently in LA and
OC that have had much greater impacts, and that it was important that the impacts are spread out over the trail and not just in one area or in one territory, so that works in the project’s
favor as it reduces the impacts to any single bird/pair/territory.
* She emphasized that timing is important. If the project can commit to and achieve construction during the fall and winter and avoid the breeding season as planned, it will have a much
greater chance of avoiding an incidental take permit, or alternately, an incidental take permit/HCP is more likely to be required if the project begins to look like it will occur during
the breeding season.
* She would like the City to commit, if possible, to restoring the portion of the trail around the switchback that is being closed off. She said the fencing is good but depending on
how it’s done there’s no guarantee that people won’t just go around it. If the project can restore the space of that trail portion with native coastal sage scrub habitat then it will
fulfill two functions: having a greater chance of keeping people out, and ensuring that any habitat loss is more temporary than permanent. She really emphasized trying to make as much
of the habitat loss temporary rather than permanent where possible. Restoring the unused area is not a requirement that is being imposed, but she did strongly recommend it as a way
to reduce project impacts and improve the likelihood of not needing more on the back end.
* She needs to know the exact numbers of each habitat type that will be lost, which we have from GIS now, but she also needs to know what the City will commit to for restoration/mitigation
to offset that loss. I am copying Anisha on this. I am not sure when she last checked in with Soquel Canyon but we should get an update from them on what habitats they have available
and if mitigation can occur offsite or not. If I recall correctly they do not have any credits left for coast prickly pear scrub and that’s the one that qualifies as sensitive (CDFW
mistakenly also identified California sagebrush – black sage scrub as sensitive in their letter, which it’s not). I don’t think we talked CDFW down from the 5:1 number that they had
originally proposed but I believe they had indicated that if we were thinking a lower ratio then we would need to make the case as to why it was appropriate. In this case that prickly
pear scrub is really nice and I don’t know that we can make such a good case for doing less than their recommendation but I’m not familiar with the restoration process.
* She recommended that if there are studies that have been done of baseline trail use vs. future anticipated trail use, that information would be good to include as well so that she
can get a feel for how the widening may impact the numbers of people using the trail. This may be something that has already been done, I don’t know much outside of my own lane (bio).
She is going out of the country for 3 weeks starting next Wednesday but she said she will do her best to find somebody who can handle this in her absence and to “grease the skids” as
she put it to help things move faster and get a response quicker.
Ultimately she feels that with the right commitments the project has a good chance to move forward without getting a take permit, but again she just needs to have all of it in front
of her and on paper.
From my own end, two things that we didn’t commit to in the MMRP but that may be beneficial for this process and for further reducing potential impacts are 1) having a biologist present
an environmental awareness program for the construction crew prior to work beginning, and 2) committing to staking or flagging the outer limits of the widening to reduce the possibility
of removing more vegetation than anticipated. I see from my notes that CDFW also recommended sensitive habitat signs and a commitment to maintaining those signs as needed, and that
may be something to consider as well to help increase the chances of the project getting through on its own. She mentioned that even a low effect HCP can take a few months to go through
and that really nobody wants to do that so whatever extra concessions the project can commit to now before she has it in front of her will be beneficial to reduce that chance.
I see that Alan is out today but if you’d like to discuss anything with me let me know or we can set up a call next week.
Thanks!
Ryan Winkleman | Project Manager/Senior Biologist/Certified Senior Ecologist
5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707 | [O] 949-330-4115 | [M] (949) 533-0918
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From: Ryan Wright <RWright@DiamondBarCA.Gov>
Sent: Friday, June 24, 2022 10:16 AM
To: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com>
Cc: Ashimine, Alan <aashimine@mbakerintl.com>
Subject: RE: EXTERNAL: Re: [EXTERNAL] HCP contact
Hi Guys,
Just curious if there were any updates? Fortunately, Council approved the plans this week so once we add the mitigation update we should be ready for the RFP.
Thanks,
Ryan
From: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> >
Sent: Monday, June 20, 2022 11:06 AM
To: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> >
Cc: Ashimine, Alan <aashimine@mbakerintl.com <mailto:aashimine@mbakerintl.com> >; Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> >
Subject: RE: EXTERNAL: Re: [EXTERNAL] HCP contact
CAUTION: This message originated outside of our City of Diamond Bar network.
Hi Carol,
I’m putting together the materials we discussed below but I was wondering if you and I could connect informally over Microsoft Teams sometime in the next couple days prior to me sending
you anything. That would give me a chance to go over the project history with you, talk about on-site gnatcatchers, and discuss the project with you in a live conversation, which may
help make things smoother for both of us later if I can bring you up to speed beforehand.
If that works, please let me know when you’re available.
Thank you!
Ryan Winkleman | Project Manager/Senior Biologist/Certified Senior Ecologist
5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707 | [O] 949-330-4115 | [M] (949) 533-0918
ryan.winkleman@mbakerintl.com <mailto:ryan.winkleman@mbakerintl.com> | www.mbakerintl.com <https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps
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From: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> >
Sent: Tuesday, June 14, 2022 2:17 PM
To: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> >
Subject: EXTERNAL: Re: [EXTERNAL] HCP contact
Please send the materials you described below (a brief memo describing the project, past survey efforts, and proposed avoidance measures) and also a map showing the location of the trail
widening to me. I will review the materials and either assign it to one of my staff or handle it myself.
Does that sound reasonable?
-Carol (she, her, hers)
Carol A. Roberts, Division Supervisor
Environmental Contaminants/Federal Projects/ESA Sec 7 & 10
Collateral Duty Safety Officer
Carlsbad Fish and Wildlife Office
2177 Salk Avenue, Suite 250, Carlsbad, CA 92008
760-431-9440, ext. 271 [Please note: we are on extended telework, so the mobile phone below is best.]
24-hour Emergency Spill Response Mobile Phone 760-607-9768
________________________________
From: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> >
Sent: Tuesday, June 14, 2022 13:19
To: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> >
Subject: [EXTERNAL] HCP contact
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding.
Hi Carol,
I have a small trail widening project in Diamond Bar for which I did gnatcatcher surveys in 2020. I found multiple pairs on-site and breeding within the 500-foot buffer that I surveyed.
One of the recommendations that we made at the time was that FWS be approached to determine if the project required any sort of HCP (including low-effect), as it doesn’t have a federal
nexus, and that went into the official project mitigation requirements. As the project has developed and we now as of last week have approved design drawings, the project has really
scaled back what impacts it may have on the species. The impacted acreage of CSS will be very small and the project will be incorporating temporal avoidance strategies, hoping to construct
this fall outside of the breeding season. As I mentioned, it’s just a small trail widening project, widening an existing trail to 5 feet where it’s generally already 3 to 4 feet wide
anyway. Super small. With the low effect HCP screening form I don’t see it having any of the significant impacts that might trigger even a low effect HCP (e.g., the impacted acreage
will be nominal and will be mitigated for (we’re thinking the Soquel Canyon bank), they are constructing outside of the breeding season, there is no intentional take of individual birds
proposed).
I’m hoping that at this point we can just get some sort of written concurrence from USFWS that the project will not require any additional measures beyond what is already being incorporated,
and I had hoped to connect with the appropriate person at USFWS to initiate that conversation. I had planned to put together a brief memo describing the project, past survey efforts,
and proposed avoidance measures and hopefully get something in writing back that the project impacts do not meet the level of significance requiring any sort of HCP and that the proposed
measures are adequate to protect the species.
Can you please point me in the right direction for whom I could talk to to get the ball rolling?
Thank you!
Ryan Winkleman | Project Manager/Senior Biologist/Certified Senior Ecologist
5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707 | [O] 949-330-4115 | [M] (949) 533-0918
ryan.winkleman@mbakerintl.com <mailto:ryan.winkleman@mbakerintl.com> | www.mbakerintl.com <https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.mbakerintl.com%2F&data=05%7C01%7CRyan
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The attachments are available until: Friday, 22 July.
Message ID: PbdBHXJ8JQRebfgzVkuDvT
From: Khoon Tan <KTan@adams-streeter.com<mailto:KTan@adams-streeter.com>>
Sent: Monday, June 6, 2022 4:09 PM
To: Jeff Otley <JOtley@adams-streeter.com<mailto:JOtley@adams-streeter.com>>
Cc: Mo Abadi <MAbadi@adams-streeter.com<mailto:MAbadi@adams-streeter.com>>
Subject: Loop Canyon, Diamond Bar
Importance: High
Hi Jeff,
MBI needs our CAD files to pull coordinates from for their environmental work so when you get a chance tomorrow morning, could you please do a pack and go of the CAD files and email
that over to Dick and copy me, thanks. BTW, the project is going to council for bid authorization tomorrow so it's finally happening.
Thanks,
Khoon
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