HomeMy WebLinkAboutFW_ EXTERNAL_ Fw_ _EXTERNAL_ Photos of Canyon Loop Trail Work_ Diamond BarFYI. Good news from USFWS.
In addition, the public info request from Ms. Smith has been submitted to Kristina and the information requested has been provided.
Please let me know if you have any questions. Many thanks to Greg, AJ, and Ryan Winkleman form MBI for their assistance while I teach a 5-year-old how to snorkel in Maui. 😊
Thank You
From: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com>
Sent: Tuesday, November 29, 2022 4:46 PM
To: Ryan Wright <RWright@DiamondBarCA.Gov>; Greg Gubman <GGubman@DiamondBarCA.Gov>; Anthony Jordan <AJordan@DiamondBarCA.Gov>; Richard Fisher <rfisher@rfaland.com>
Cc: Ashimine, Alan <aashimine@mbakerintl.com>
Subject: FW: EXTERNAL: Fw: [EXTERNAL] Photos of Canyon Loop Trail Work, Diamond Bar
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All,
Please see below, USFWS is happy with the response that I provided and Lauren will get back to Robb et al. as well regarding the concerns that were raised.
Thanks all for your assistance in helping me fill in the gaps with my project knowledge!
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 | www.mbakerintl.com <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.mbakerintl.com%2f&c=E,1,-QTQt1FOxQZfNqjMIdqijv6SL68I9qEbcSGXmNHoh2M-23twBHlEvNGSFAmER3jg4f_
blBocZSdD8C7i3eMig1c2AbQJb12JrqtVei2jWRYrErkDnuHEQVQ,&typo=1>
From: Kershek, Lauren <lauren_kershek@fws.gov>
Sent: Tuesday, November 29, 2022 4:29 PM
To: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com>
Subject: Re: EXTERNAL: Fw: [EXTERNAL] Photos of Canyon Loop Trail Work, Diamond Bar
Hi Ryan,
Thanks so much for the detailed response. We thought the pictures looked pretty much consistent with the plans you had sent for our review so it's good to hear that everything is going
as planned. Also, thank you for getting the additional BMPs installed ahead of the rain. We will let the folks expressing concern know that the project is in compliance with what was
presented to us.
Lauren Kershek (she, her, hers)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
2177 Salk Ave, Ste 250
Carlsbad, CA 92008
(760)431-9440 x208*
*I am working mostly from home and infrequently checking my office voicemail. Email is the best way to reach me if you'd like to schedule a call or meeting.
________________________________
From: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> >
Sent: Tuesday, November 29, 2022 4:21 PM
To: Kershek, Lauren <lauren_kershek@fws.gov <mailto:lauren_kershek@fws.gov> >
Subject: RE: EXTERNAL: Fw: [EXTERNAL] Photos of Canyon Loop Trail Work, Diamond Bar
Hi Lauren,
Thank you for the notification, I appreciate it! I apologize for the delayed response as well, I’ve been out of the office.
Regarding the two points below:
1. The project is designed to reduce and/or prevent future trail erosion, which has historically been an issue with the trail. The City has in the past required a contractor to come
out to regrade the trail after rains due to the ruts and rills that develop following big events. Regarding current erosion control BMPs, earlier rainfalls this season mostly occurred
prior to the bulk of the grading on the project, so there was minimal, if any, erosion of project materials during previous rain events. The surrounding areas are generally at relatively
flat grades with the trail anyway, which further reduces possibilities for erosion outside of a few steep areas. Unfortunately some material has been side cast during the construction
process. The City’s Maintenance Superintendent has directed the contractor to install appropriate BMPs today and tomorrow before the next forecasted rains this Thursday to prevent any
of the current stockpiles/material from eroding into adjacent vegetation, and this will be a consideration moving forward as well. Excess materials will also not be left in place and
will be removed before the project is complete.
2. The project is being built according to plan. This calls for an area wider than 5 feet to be cleared during construction in areas where the cross-slope grade immediately adjacent
to the final trail bed does not fall within the requisite 2% minimum and 5% maximum cross-slope grades against the new trail. These areas will not be left bare like this and they will
not constitute a part of the future trail. The final trail width will be 5 feet. Once the adjacent areas, where necessary, have been fine-graded to the correct level they will then
be pulled back and reseeded with the “native erosion control mix <https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ssseeds.com%2Fproduct%2FBasic-Native-Erosion-Control-Mix.aspx&
data=05%7C01%7CRyan.Winkleman%40mbakerintl.com%7C2a927c7955e246d72ca108dad269e0b4%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C638053649449694450%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV
2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ONwnGliUDFhrhHJ%2B8pbjsPWkDmJPUHDAdLis2dA53gE%3D&reserved=0> ” from S&S Seeds to further control future erosion along the
sides of the trail. These “expanded” areas were what were calculated and sent to the Service as permanent impacts and they are what will be mitigated through an HMMP. The current permanent
impacts to CSS vegetation along the sides of the trail are still well within what was calculated and presented to the Service during our earlier conversations a couple months ago.
a. Of 0.009 acre of California sagebrush – black sage scrub that was calculated for impacts, the project has permanently removed 0.0049 acre.
b. Of 0.128 acre of disturbed California sagebrush – black sage scrub that was calculated for impacts, the project has permanently removed 0.0572 acre.
c. Of 0.050 acre of coast prickly pear scrub that was calculated for impacts, the project has permanently removed 0.0159 acre.
These are current prior to today. There was some minor grading today that I don’t have the numbers for yet. Again, these are the areas that have been widened along the trail and that
are currently being questioned in the correspondence you received from Robb et al. They were what was factored in as permanent impacts in the numbers we previously provided to you and
they’ll be mitigated for on-site.
Please let me know if you have any other questions, and please confirm that you’ll handle the ITP response on your end. 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
.Winkleman%40mbakerintl.com%7C2a927c7955e246d72ca108dad269e0b4%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C638053649449694450%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1h
aWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=QaXMt78q%2F%2BbUhkIod8my%2BD7GzuLSXYBFIToEAZ4N24A%3D&reserved=0>
From: Kershek, Lauren <lauren_kershek@fws.gov <mailto:lauren_kershek@fws.gov> >
Sent: Monday, November 28, 2022 1:10 PM
To: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> >
Subject: EXTERNAL: Fw: [EXTERNAL] Photos of Canyon Loop Trail Work, Diamond Bar
Hi Ryan,
I wanted to give you a heads up that we've gotten a complaint from a concerned citizen about the impacts associated with the Canyon Loop Project. We just wanted to check in and make
sure everything is being implemented as laid out in the MND. The specific concerns appear to be regarding the erosion control BMPs and width of the trail. If you could confirm that
the project is being built as planned and that all BMPs are appropriately placed, we would greatly appreciate it and we will be happy to prepare a response regarding the ITP question.
Lauren Kershek (she, her, hers)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
2177 Salk Ave, Ste 250
Carlsbad, CA 92008
(760)431-9440 x208*
*I am working mostly from home and infrequently checking my office voicemail. Email is the best way to reach me if you'd like to schedule a call or meeting.
________________________________
________________________________
From: Robert Hamilton <robb@hamiltonbiological.com <mailto:robb@hamiltonbiological.com> >
Sent: Sunday, November 20, 2022 7:31 PM
To: Snyder, Jonathan <Jonathan_d_Snyder@fws.gov <mailto:Jonathan_d_Snyder@fws.gov> >
Cc: Lee Paulson <lee@silverlightpress.com <mailto:lee@silverlightpress.com> >; Cynthia Robin Smith <diamondbarbeautiful@gmail.com <mailto:diamondbarbeautiful@gmail.com> >; Dan Silver
<dsilverla@me.com <mailto:dsilverla@me.com> >; Medak, Christine <Christine_Medak@fws.gov <mailto:Christine_Medak@fws.gov> >; Fritz Reiman, CDFW <Frederic.Rieman@wildlife.ca.gov <mailto:Frederic.Riem
an@wildlife.ca.gov> >; Erinn Wilson <Erinn.Wilson-Olgin@wildlife.ca.gov <mailto:Erinn.Wilson-Olgin@wildlife.ca.gov> >
Subject: [EXTERNAL] Photos of Canyon Loop Trail Work, Diamond Bar
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Greg Gubman | Community Development Director
City of Diamond Bar
21810 Copley Drive, Diamond Bar, CA 91765
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From: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> >
Sent: Wednesday, October 19, 2022 2:31 PM
To: Omar Sandoval <osandoval@wss-law.com <mailto:osandoval@wss-law.com> >
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >; Ryan McLean <RMcLean@DiamondBarCA.Gov <mailto:RMcLean@DiamondBarCA.Gov> >
Subject: RE: Canyon Loop Trail Project -Native American Monitoring
Hi Omar,
I followed up last night with an email to the Kizh Nation based on your request below and have yet to receive any response. I tend to believe they do not share the same urgency as
the City, not to mention the City Manager is off Friday and grading should begin Monday. Realizing he Kizh will provide the City with insurance and our options are extremely limited
per the mitigation, do you have any serious concerns or recommendations that would prohibit us from moving forward with their agreement?
Thanks Again,
Ryan
From: Ryan Wright
Sent: Tuesday, October 18, 2022 5:45 PM
To: 'Omar Sandoval' <osandoval@wss-law.com <mailto:osandoval@wss-law.com> >
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >; Ryan McLean <RMcLean@DiamondBarCA.Gov <mailto:RMcLean@DiamondBarCA.Gov> >
Subject: RE: Canyon Loop Trail Project -Native American Monitoring
Will do.
From: Omar Sandoval <osandoval@wss-law.com <mailto:osandoval@wss-law.com> >
Sent: Tuesday, October 18, 2022 5:03 PM
To: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> >
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >; Ryan McLean <RMcLean@DiamondBarCA.Gov <mailto:RMcLean@DiamondBarCA.Gov> >
Subject: RE: Canyon Loop Trail Project -Native American Monitoring
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Ryan, I would push back a bit. Their agreement deviates greatly from the City’s standard requirements for contractors. Tell them that our agreement is the standard we use for all
contracting parties. Ask them what they find objectionable with our agreement. Our terms are commensurate with our risk management policies.
Omar Sandoval
Director
Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
T: 714-415-1049 <tel:714-415-1049> F: 714-415-1149
osandoval@wss-law.com <mailto:osandoval@wss-law.com>
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From: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> >
Sent: Tuesday, October 18, 2022 2:20 PM
To: Omar Sandoval <osandoval@wss-law.com <mailto:osandoval@wss-law.com> >
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >; Ryan McLean <RMcLean@DiamondBarCA.Gov <mailto:RMcLean@DiamondBarCA.Gov> >
Subject: FW: Canyon Loop Trail Project -Native American Monitoring
Hi Omar,
I have not had the chance to review yet, but would appreciate your feedback. I don’t know if there is any negotiation per the agreement but this is a different approach when comparing
to the Tongva. Please let me know your thoughts before we ask the City Manager for signature.
Thank You,
Ryan
From: KNRM Administration <admin@knrm-nsn.us <mailto:admin@knrm-nsn.us> >
Sent: Tuesday, October 18, 2022 2:11 PM
To: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> >
Subject: Re: Canyon Loop Trail Project -Native American Monitoring
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Hello Ryan,
Thank you for your email. After reviewing the agreement we noticed the agreement you had sent us was for a consultant. Please note we are not consultants, we are a tribal government
who consulted and helped with compliance mitigations to help the project move forward therefore we would like to utilize our agreement for the proposed project. Attached is the service
agreement for the compliance of the project. If you have any questions please reach out to Mr. Salas.
Thank you,
Lexie Salas
Project Manager
(626)-521-5827
On Tue, Oct 18, 2022 at 9:27 AM Ryan Wright <RWright@diamondbarca.gov <mailto:RWright@diamondbarca.gov> > wrote:
Thank you, hopefully we can get the process started today.
From: KNRM Administration <admin@knrm-nsn.us <mailto:admin@knrm-nsn.us> >
Sent: Monday, October 17, 2022 4:13 PM
To: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> >
Subject: Re: Canyon Loop Trail Project -Native American Monitoring
CAUTION: This message originated outside of our City of Diamond Bar network.
**Please exercise caution when opening attachments or clicking links, especially from unknown senders.**
Hello Ryan,
Thank you for sending over the agreement. We are now reviewing.
Thank you,
Lexie Salas
Project Manager
(626)-521-5827
On Sun, Oct 16, 2022 at 9:38 AM Ryan Wright <RWright@diamondbarca.gov <mailto:RWright@diamondbarca.gov> > wrote:
Good Morning Kizh Nation,
I appreciate your support over a busy weekend and thank you for clarifying the monitoring process. I look forward to working together on this project. I hope we can quickly work
through the agreement process since the project does begin this week. I will attempt to cover everything in this one email which may serve as a checklist.
1. Please note, there is a kick-off meeting tomorrow, Monday, October 17 at 9am with the project team . Although the trail does not have a specific address, I would suggest you use
24210 Peak Court, Diamond Bar, 91765 for driving directions. There is a gate next to this residence which will provide trail access. (Please note this is not the trail address.)
2. Per your previous email, I will be the project manager and my contact info is below. There is not a project address, but the formal title is the Canyon Loop Trail Project. We
are working on a fictitious address and will share that when it’s available. The anticipated ground disturbance is from approximately October 19 through November 16, 2022, but the contractor
can confirm tomorrow.
3. In the attached draft agreement please see the specific insurance requirements on page 4. Although the limits may vary, I have also attached an example of what the insurance certificates
should include. Please confirm the amounts on page 4 of the agreement.
4. Please see the attached draft agreement and let me know what I should include in the highlighted areas. Once this is complete, I will update and send back to you for signature,
followed by City signatures. I will need a Scope of Work for Exhibit A, which I think would be similar to the proposal you create. We can simply attach that proposal as Exhibit A.
Please include the hourly fee in the scope.
5. Please send me a W-9 for payment processing.
I realize this is all short notice, but as you know the agreement must be in place ASAP. If we can receive the above information by the end of tomorrow that would be great. (I realize
insurance will take a couple days.) I will be available tomorrow at anytime to assist if needed or feel free to email me over the weekend. Thanks again for your help!
B