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HomeMy WebLinkAboutRE_ EXTERNAL_ RE_ Canyon Loop monitoring reports + questionsThanks Ryan. I have some follow up for you as well, so tomorrow will be great. I should be good anytime tomorrow from 9am-1pm if you want to give me a call. From: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com> Sent: Monday, October 31, 2022 12:31 PM To: Ryan Wright <RWright@DiamondBarCA.Gov> Cc: Ashimine, Alan <aashimine@mbakerintl.com> Subject: RE: EXTERNAL: RE: Canyon Loop monitoring reports + questions 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.** Thanks, Ryan! I spoke to Barry and he filled me in on how things went this morning. I’m still waiting for the report from last Friday and there’s a couple things I want to follow-up with Alex about but maybe you and I can catch up tomorrow once I’ve got the additional information on my end. 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://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.mbakerintl.com%2f&c=E,1,eouFjujzG4dNC4uT9SKg4Vez3tu w5-dyB3cmp0O7IzrZfX1TiPt38UEo_EbFsTjjXMl46_RPdUXltYh20VGsxqMoTITDt1u0Tk9rQG0k18sl7_Jelxg5yD56HA,,&typo=1> <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fmbakerintl.com%2fmedia%2f5024%2fs21_ f_061907_icons.jpg&c=E,1,KZ-5NNsf_I5DVJTJtygwlTx0iEwCZt__J8HYi3rxAbNtxTV1VdX_YFhMjVzsJVTruaQFp8QWPgW0yIiNp_hi1v9Zu3Ae-9zn_mcgg2LCkxptGn53UFyPo4NxQFs,&typo=1> From: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> > Sent: Monday, October 31, 2022 10:37 AM To: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> > Cc: Ashimine, Alan <aashimine@mbakerintl.com <mailto:aashimine@mbakerintl.com> > Subject: EXTERNAL: RE: Canyon Loop monitoring reports + questions Thank you Ryan for the information. We had a productive meeting this morning and maybe we can chat later to address the email below. I will be in the office and available today from 11:30-1:30pm or tomorrow anytime. -Ryan 909.839.7061 From: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> > Sent: Monday, October 31, 2022 7:34 AM To: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> > Cc: Ashimine, Alan <aashimine@mbakerintl.com <mailto:aashimine@mbakerintl.com> > Subject: Canyon Loop monitoring reports + questions 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.** Ryan, Please find attached the monitoring reports for Monday through Thursday of last week. Endemic should be getting me the report from Friday sometime today and I will transmit that after I have a chance to review it so that I can let you know of any concerns. A few things I’ll point out to draw your attention to: * The crew is not using any secondary containment under the two pieces of equipment overnight. This would be, for example, tarp or a plastic tub or something. This is not required by the MMRP but I’m just pointing it out because it’s typically expected on construction projects in order to avoid or reduce the risk of soil contamination in the event of an oil leak or hydraulic fluid leak on equipment while it’s sitting idle. It’s typically part of the spill prevention requirements that are included in the CDFW 1602 permit, but this project did not require a 1602 since there are no impacts to CDFW waterways so it was not written in as a requirement. Since it’s not part of the MMRP I’m guessing there is no way to get the contractor to place any sort of containment under the Bobcat and mini excavator overnight but I still wanted to point it out to you as something that the bio monitors noticed in case any passers-by have a critical eye on things. * Note that Danny was running both pieces of equipment simultaneously on Tuesday morning until the monitor was able to get him to stop. I’ve asked Endemic to remind him, if it happens again, that this was an agreement with USFWS in order to minimize undue disturbance to gnatcatchers from having two pieces of equipment running at the same time along the trail. * One of the crew members mentioned being able to disturb 9 feet of trail width (see page 9 on the 10/27 report). Alex will be following up with that today to find out what they are talking about but the monitors have been stressing to them that they need to stick to what has been approved (i.e. a 5-foot wide trail unless it’s in one of the areas like the gabion walls or gazebo areas) and so far the crew members do seem to be following the monitors. * There seems to be repeated confusion with the crew about working in areas that aren’t approved for work, i.e. areas that are specifically written in Dick’s plans as “existing trail protect in place.” See the area below, this is at least one of the areas that the crew is trying to work in and that monitors have had to show them are not included as part of the construction plans. I told Alex that ultimately this is a question for you and Dick and that if you are comfortable with them grading the trail itself to smooth it out or whatever then that’s your decision but that they should not cause any permanent vegetation loss in these excluded areas, at least not until after all other veg removal has occurred so that we can be sure that they won’t exceed the acreage that has been allocated. From a bio perspective ideally they’d follow the plans and not remove anything at all in these “protect in place” areas but if really necessary it should come at the end of all other removal work and only after acreage has been pre-confirmed. * As of the end of last week the project has permanently removed approximately 0.0295 acre of CSS, or approximately 16% of the approved limit of all CSS. Finally, Alex had a couple questions for me that I told her I’d pass on to you because I think they fall more within your area. 1. Should the crew be removing vegetation or casting it aside into piles on the side of the trail? This is not specified in the MMRP, but it does say in the MMRP under the Aesthetics measure that vegetation piles should be, “staged and screened from public view in a designated construction staging area. Staging areas shall be approved and subject to periodic field inspections by the City of Diamond Bar Parks and Recreation Department, or responsible designee(s).” This indicates to me that they shouldn’t be just casting vegetation to the side of the trail as they go but I wanted to confirm an approach with you. 2. Does the project have an oak tree permit? This was pointed out in the original bio report that removal or pruning of oaks and walnuts (both of which are on-site and may require pruning) may require a permit under Chapter 22.38 of the Diamond Bar Municipal Code; however, I’m uncertain if the City itself would need a permit for its own project or if any pruning would simply be conducted under the City’s oversight pursuant to the municipal code. Again I won’t be able to make it to the meeting this morning. However, I am happy to talk over the phone later today if you want to catch up on any of these items or make sure we’re in agreement with everything. I will also be in touch with Alex later today as well to follow-up on things. 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 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 %253a%252f%252fwww.mbakerintl.com%252f%26c%3DE%2C1%2CHcRp433F3LsEfXHXPnYprCqbOB6j88z1w3WDuBpB3TjPp8lM0jRKkSCd86Yxl4hGEDNwy0qjkCYdJ0D1NCl2uCEcNwpNpGwNDG9HXzKP%26typo%3D1&data=05%7C01%7CRyan.Winkleman% 40mbakerintl.com%7Ca1f1b7d53ff14ac3cf5e08dabb6689da%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C638028346360124712%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI 6Mn0%3D%7C3000%7C%7C%7C&sdata=SmY6fUQNVr6IjQhAUrfYp7y%2Ftj8hplxSDtavQ1iItlI%3D&reserved=0> w benches. The “drainage crossings” referred to on the City website refer simply to diversions to take rainfall off of the trail during rain events. As you can see from the kmz and if you manipulate your viewpoint in Google Earth, the southern loop is at the top of the slope. There is nothing above it and no waterways crossing through it; it is completely dry with no possibility of water unless it rains due to its position at the apex of the slope. The only waterway in the project area is the one down at the bottom of the canyon between the north and south loop trails, which will not be touched and will not have any construction anywhere near it. Please let me know if you have any further questions or if you’d still like to meet on-site to verify in person next week; the City has also expressed interest in attending if so. 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%7C7d0483a54f7840b43a6508dac29f7594%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C638036287397174249%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1h aWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=0Kt88Gffu65izB9omnrA0ARcuAWpJDVIHbVI4PCGQm8%3D&reserved=0> hand. 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> | https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fwww.mba kerintl.com%26c%3DE%2C1%2Cg7-YAjmvRGqBAMNT3naBigSBCihXPwn0xCAggVHAG6tc9rtb7bgc5wVnxxeXC5hn0-Yn-AGalFtyu9Aj0Zouh2woGjExueH6M8Md3EHpkXj_4GE%2C%26typo%3D1&amp;data=05%7C01%7CRyan.Winkleman%40mbakerintl. com%7C0ba9594e87f04250fadc08da58733648%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C637919549113336033%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C300 0%7C%7C%7C&amp;sdata=No86aeXx1eVOb%2Be73xJmppkkyE%2BXdpb8m1m%2BPdul5ko%3D&amp;reserved=0<https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%25 3a%252f%252fwww.mbakerintl.com%252f%26c%3DE%2C1%2CGm52zbCqc8JG2nvagPzFh8vnRyWFYk80X9O2sxWc1MCtpocMXMYN-g6QgksVvgN1eEsNsfLVWasdXZiwzk1OiSFwE4PqiOltIxMy4vkF3zuKgj32WMZYBr1XEG8S%26typo%3D1&amp;data=05%7 C01%7CRyan.Winkleman%40mbakerintl.com%7C0ba9594e87f04250fadc08da58733648%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C637919549113336033%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLC JBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&amp;sdata=OXTF62up%2F%2FcgnowOwLawb9ErW0UWtWUdeCqibdiC1Uk%3D&amp;reserved=0> [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprot ect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fmbakerintl.com%252fmedia%252f5024%252fs21_f_061907_icons.jpg%26c%3DE%2C1%2C1SF0nUB8_9QKTzXDPs4NGbLK8m3D9VvjOjcz8FhaEHsJ9u8lMjYyXFVzFrSMZFtucQ3HQ6efEcDA Rf2t6FuQ_Jz4oNpzOvML0JV6zitdSidm2n4%2C%26typo%3D1&amp;data=05%7C01%7CRyan.Winkleman%40mbakerintl.com%7C0ba9594e87f04250fadc08da58733648%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C637919549113336033 %7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&amp;sdata=vlOzNwkgHY6TK68b9utI6j884GX798XPgy85TzqiAyQ%3D&amp;reserved=0] 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> | https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fwww.mba kerintl.com%26c%3DE%2C1%2CuZI6wOpQPoTNQ46Pmap42aEKpWV4O1gGuswGQGftG_YSeVL7S7WcNpKnoAkNS98jugBYB_t_CQcgMUOSUylnYP4JdEuUXHKH7Fd3D2al9_sTNJbuQK7Pwbc%2C%26typo%3D1&amp;data=05%7C01%7CRyan.Winkleman%40mba kerintl.com%7C0ba9594e87f04250fadc08da58733648%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C637919549113336033%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0% 3D%7C3000%7C%7C%7C&amp;sdata=K90AWwEJYKgEg16AHrgXBlzQjgqcZE2uIe%2Fe5cuQcdI%3D&amp;reserved=0<https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.mbakerintl.com%2F&amp;data=05%7C01%7 CRyan.Winkleman%40mbakerintl.com%7C0ba9594e87f04250fadc08da58733648%7C4e1ee3db4df64142b7b9bec15f171ca4%7C0%7C0%7C637919549113336033%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI 6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&amp;sdata=XdudN7LT5GPB0AFY3fGMhG%2FRIQ6w%2B9WYvaHUQ1kevGs%3D&amp;reserved=0> [https://nam11.safelinks.pr