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HomeMy WebLinkAboutRE_ EXTERNAL_ Fw_ _EXTERNAL_ Re_ Photos of Canyon Loop Trail Work_ Diamond BarThank you all for your continued support. The City appreciates working with such dedicated professionals to assist us through this process. We look forward to the completion of a great project for the community. Please do not to hesitate to contact me with any questions or comments. Happy Holidays! Ryan Wright From: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com> Sent: Tuesday, December 13, 2022 8:38 AM To: Roberts, Carol <carol_a_roberts@fws.gov>; Kershek, Lauren <lauren_kershek@fws.gov> Cc: Ryan Wright <RWright@DiamondBarCA.Gov> Subject: RE: EXTERNAL: Fw: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar 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.** Carol, Thanks very much for forwarding this and for you and Lauren assisting the City in keeping the project moving forward. I admit the language in the measure was unfortunate; I actually wrote it. This was when I was not sure what the actual impacts of the project were going to be back in 2020 and I erred on the side of being overly cautious. Once I saw the final landscape plans in summer 2022 and understood better what the impacts would actually be, that’s when I realized this was not going to be as impactful as I had planned for and approached the Service about trying to work it out instead. As you noted, I should have left the measure more open-ended, which could have alleviated some of the concerns that have been expressed on the public side. This is something I will be more mindful of in the future when proposing work in areas occupied by T&E species. Thanks again for your assistance and Happy Holidays to the both of you if we don’t speak at all in the next couple weeks! 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,1,4tvFxpKylQYTsynh1oSNMNM5JN6 3K3YjOB-Me4f9IgIt8RS_p-7OOgd8Y5uYrxXPy0du4ILQRQJdt_Yb_WXGUdRmq2IYfluMezdpTwSEtiKNnBlyfA,,&typo=1> <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fmbakerintl.com%2fmedia%2f5024%2fs21_f_061907 _icons.jpg&c=E,1,3SQG4z312hAhnmBqjZPG6BZHIEB7paosCI4j0q3Y3RQgJ5Kzcx7cU9RU4rTjTJWYEGVf7a_saJpLZwBwDBNXBH7kGslyYvYcSOZMgKbKp_lKbg,,&typo=1> From: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> > Sent: Monday, December 12, 2022 5:57 PM To: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> > Cc: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> >; Kershek, Lauren <lauren_kershek@fws.gov <mailto:lauren_kershek@fws.gov> > Subject: EXTERNAL: Fw: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar Ryan and Ryan, I apologize for the delay in getting this out to you. This is the string that I received and responded to, as you can see below. I have not been contacted directly since this e-mail, although the project did come up in one of our regular meetings with a group of southern California conservation organizations. Concerns were raised about the CEQA document having indicated a low-effect Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP) would be part of the mitigation, yet the project was proceeding without one. I indicated to the group that the Fish and Wildlife Service did not see that as necessary given the scope of the project and that we do not control the CEQA process such that our position would be certain to be captured in the documentation. In the future, it may be helpful to state more clearly that the need for the HCP/ITP has yet to be determined (if that is the case as in this situation), but one will be pursued should the Fish and Wildlife Service indicate that such an effort is appropriate. We appreciate having the opportunity to work through the issues with Ryan Winkleman. He was very helpful in providing the specific information we were looking for in assessing the proposed project. Please feel free to contact me if you have any questions, and Happy Holidays! -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 Mobile phone including spill emergencies: 760-607-9768 ________________________________ From: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> > Sent: Wednesday, November 30, 2022 10:56 To: Dan Silver <dsilverla@me.com <mailto:dsilverla@me.com> >; robb@hamiltonbiological.com <mailto:robb@hamiltonbiological.com> <robb@hamiltonbiological.com <mailto:robb@hamiltonbiological.com> > Cc: Snyder, Jonathan <Jonathan_d_Snyder@fws.gov <mailto:Jonathan_d_Snyder@fws.gov> >; Kershek, Lauren <lauren_kershek@fws.gov <mailto:lauren_kershek@fws.gov> > Subject: Fw: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar Hello Dan and Robb, First let me say how grateful I am to have you keeping an eye on things in LA and Orange Counties. I am new to the scene (as Jonathan's replacement as supervisor) and lack a history with many projects that are at various stages of completion. This project, however, is different. Lauren Kershek and I worked with the City's consultant to develop an approach that we determined would not have impacts that would rise to the level of incidental take of California gnatcatchers, and thus no ITP was necessary. The City has acknowledge issues with erosion control and directed their contractor to ensure the appropriate Best Management Practices are in place prior to the anticipated rainstorm coming in tonight/tomorrow to prevent any stockpiled material from being mobilized by the rain. As for the width of the trail, it will be limited to 5 feet. There are some areas that required additional disturbance for equipment access and trail leveling (to prevent future erosion), but those areas will reseeded and managed once the construction work is complete. The total amount of disturbance is within the allowance that we discussed with the City, so they appear to be playing by the rules we established with them. I hope this information is helpful. Please don't hesitate to contact Lauren Kershek and/or me if you have additional questions. -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 Mobile phone including spill emergencies: 760-607-9768 ________________________________ From: Snyder, Jonathan <Jonathan_d_Snyder@fws.gov <mailto:Jonathan_d_Snyder@fws.gov> > Sent: Monday, November 28, 2022 10:11 To: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> > Cc: Kershek, Lauren <lauren_kershek@fws.gov <mailto:lauren_kershek@fws.gov> > Subject: Fw: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar FYI. Per my previous email, recommend reaching out to Dan to explain the situation from our perspective. Jonathan Snyder Assistant Field Supervisor U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 jonathan_d_snyder@fws.gov <mailto:jonathan_d_snyder@fws.gov> Work Cell: 442-232-0430 Pronouns: he, his, him ________________________________ From: Dan Silver <dsilverla@me.com <mailto:dsilverla@me.com> > Sent: Tuesday, November 22, 2022 12:01 PM To: Snyder, Jonathan <Jonathan_d_Snyder@fws.gov <mailto:Jonathan_d_Snyder@fws.gov> > Subject: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Hi Jonathan Just observing from a distance here. But it does strike me as unusual that FWS would not require a low impact HCP rather than apparently giving an informal green light (without a restoration plan in place). But it is very possible that the scope of the impact was not disclosed by the City. Best Dan On Nov 20, 2022, at 7:31 PM, Robert Hamilton <robb@hamiltonbiological.com <mailto:robb@hamiltonbiological.com> > wrote: Hi Jonathan/All, Attached are drone photos sent to me by Lee Paulson showing the ongoing work on the Canyon Loop Trail. To reiterate, if the City has an Interim Take Permit (ITP) for impacts to CAGN-occupied habitat in this area, please send me a copy. Otherwise, I hope the Service will contact the City to halt work on the project until they obtain the permit and can demonstrate compliance. Apart from the possible lack of an ITP for these impacts, aspects of the project of particular concern are (1) the contractor does not appear to be controlling erosion as specified in the project’s Mitigated Negative Declaration (MND), and (2) the width of the trail exceeds the five feet specified in the MND. Please contact me at your earliest opportunity to address these potential issues. Thank you, Robb Hamilton President, Hamilton Biological, Inc. 562-477-2181 Dan Silver, Executive Director Endangered Habitats League 8424 Santa Monica Blvd., Suite A 592 Los Angeles, CA 90069-4267 213-804-2750 dsilverla@me.com <mailto:dsilverla@me.com> https://ehleague.org <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fehleague.org&c=E,1,SVVhkTASwgEjFSIb7t3QEXFg9Et3HcTRSwBnKmN-MctdLPDSYMZcYJw7m-OaVisE0Y2qP4SQBhLXA2RSOy09BOgzD9QfOmIHXrz3-EQLAa fuUb2UdUfOPM0LiqtO&typo=1> ect moving forward. I admit the language in the measure was unfortunate; I actually wrote it. This was when I was not sure what the actual impacts of the project were going to be back in 2020 and I erred on the side of being overly cautious. Once I saw the final landscape plans in summer 2022 and understood better what the impacts would actually be, that’s when I realized this was not going to be as impactful as I had planned for and approached the Service about trying to work it out instead. As you noted, I should have left the measure more open-ended, which could have alleviated some of the concerns that have been expressed on the public side. This is something I will be more mindful of in the future when proposing work in areas occupied by T&E species. Thanks again for your assistance and Happy Holidays to the both of you if we don’t speak at all in the next couple weeks! 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,1,4tvFxpKylQYTsynh1oSNMNM5JN6 3K3YjOB-Me4f9IgIt8RS_p-7OOgd8Y5uYrxXPy0du4ILQRQJdt_Yb_WXGUdRmq2IYfluMezdpTwSEtiKNnBlyfA,,&typo=1> <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fmbakerintl.com%2fmedia%2f5024%2fs21_f_061907 _icons.jpg&c=E,1,3SQG4z312hAhnmBqjZPG6BZHIEB7paosCI4j0q3Y3RQgJ5Kzcx7cU9RU4rTjTJWYEGVf7a_saJpLZwBwDBNXBH7kGslyYvYcSOZMgKbKp_lKbg,,&typo=1> From: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> > Sent: Monday, December 12, 2022 5:57 PM To: Ryan Wright <RWright@DiamondBarCA.Gov <mailto:RWright@DiamondBarCA.Gov> > Cc: Winkleman, Ryan <Ryan.Winkleman@mbakerintl.com <mailto:Ryan.Winkleman@mbakerintl.com> >; Kershek, Lauren <lauren_kershek@fws.gov <mailto:lauren_kershek@fws.gov> > Subject: EXTERNAL: Fw: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar Ryan and Ryan, I apologize for the delay in getting this out to you. This is the string that I received and responded to, as you can see below. I have not been contacted directly since this e-mail, although the project did come up in one of our regular meetings with a group of southern California conservation organizations. Concerns were raised about the CEQA document having indicated a low-effect Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP) would be part of the mitigation, yet the project was proceeding without one. I indicated to the group that the Fish and Wildlife Service did not see that as necessary given the scope of the project and that we do not control the CEQA process such that our position would be certain to be captured in the documentation. In the future, it may be helpful to state more clearly that the need for the HCP/ITP has yet to be determined (if that is the case as in this situation), but one will be pursued should the Fish and Wildlife Service indicate that such an effort is appropriate. We appreciate having the opportunity to work through the issues with Ryan Winkleman. He was very helpful in providing the specific information we were looking for in assessing the proposed project. Please feel free to contact me if you have any questions, and Happy Holidays! -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 Mobile phone including spill emergencies: 760-607-9768 ________________________________ From: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> > Sent: Wednesday, November 30, 2022 10:56 To: Dan Silver <dsilverla@me.com <mailto:dsilverla@me.com> >; robb@hamiltonbiological.com <mailto:robb@hamiltonbiological.com> <robb@hamiltonbiological.com <mailto:robb@hamiltonbiological.com> > Cc: Snyder, Jonathan <Jonathan_d_Snyder@fws.gov <mailto:Jonathan_d_Snyder@fws.gov> >; Kershek, Lauren <lauren_kershek@fws.gov <mailto:lauren_kershek@fws.gov> > Subject: Fw: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar Hello Dan and Robb, First let me say how grateful I am to have you keeping an eye on things in LA and Orange Counties. I am new to the scene (as Jonathan's replacement as supervisor) and lack a history with many projects that are at various stages of completion. This project, however, is different. Lauren Kershek and I worked with the City's consultant to develop an approach that we determined would not have impacts that would rise to the level of incidental take of California gnatcatchers, and thus no ITP was necessary. The City has acknowledge issues with erosion control and directed their contractor to ensure the appropriate Best Management Practices are in place prior to the anticipated rainstorm coming in tonight/tomorrow to prevent any stockpiled material from being mobilized by the rain. As for the width of the trail, it will be limited to 5 feet. There are some areas that required additional disturbance for equipment access and trail leveling (to prevent future erosion), but those areas will reseeded and managed once the construction work is complete. The total amount of disturbance is within the allowance that we discussed with the City, so they appear to be playing by the rules we established with them. I hope this information is helpful. Please don't hesitate to contact Lauren Kershek and/or me if you have additional questions. -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 Mobile phone including spill emergencies: 760-607-9768 ________________________________ From: Snyder, Jonathan <Jonathan_d_Snyder@fws.gov <mailto:Jonathan_d_Snyder@fws.gov> > Sent: Monday, November 28, 2022 10:11 To: Roberts, Carol <carol_a_roberts@fws.gov <mailto:carol_a_roberts@fws.gov> > Cc: Kershek, Lauren <lauren_kershek@fws.gov <mailto:lauren_kershek@fws.gov> > Subject: Fw: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar FYI. Per my previous email, recommend reaching out to Dan to explain the situation from our perspective. Jonathan Snyder Assistant Field Supervisor U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 jonathan_d_snyder@fws.gov <mailto:jonathan_d_snyder@fws.gov> Work Cell: 442-232-0430 Pronouns: he, his, him ________________________________ From: Dan Silver <dsilverla@me.com <mailto:dsilverla@me.com> > Sent: Tuesday, November 22, 2022 12:01 PM To: Snyder, Jonathan <Jonathan_d_Snyder@fws.gov <mailto:Jonathan_d_Snyder@fws.gov> > Subject: [EXTERNAL] Re: Photos of Canyon Loop Trail Work, Diamond Bar This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Hi Jonathan Just observing from a distance here. But it does strike me as unusual that FWS would not require a low impact HCP rather than apparently giving an informal green light (without a restoration plan in place). But it is very possible that the scope of the impact was not disclosed by the City. Best Dan On Nov 20, 2022, at 7:31 PM, Robert Hamilton <robb@hamiltonbiological.com <mailto:robb@hamiltonbiological.com> > wrote: Hi Jonathan/All, Attached are drone photos sent to me by Lee Paulson showing the ongoing work on the Canyon Loop Trail. To reiterate, if the City has an Interim Take Permit (ITP) for impacts to CAGN-occupied habitat in this area, please send me a copy. Otherwise, I hope the Service will contact the City to halt work on the project until they obtain the permit and can demonstrate compliance. Apart from the possible lack of an ITP for these impacts, aspects of the project of particular concern are (1) the contractor does not appear to be controlling erosion as specified in the project’s Mitigated Negative Declaration (MND), and (2) the width of the trail exceeds the five feet specified in the MND. Please contact me at your earliest opportunity to address these potential issues. Thank you, Robb Hamilton President, Hamilton Biological, Inc. 562-477-2181 Dan Silver, Executive Director Endangered Habitats League 8424 Santa Monica Blvd., Suite A 592 Los Angeles, CA 90069-4267 213-804-2750 dsilverla@me.com <mailto:dsilverla@me.com> https://ehleague.org <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fehleague.org&c=E,1,SVVhkTASwgEjFSIb7t3QEXFg9Et3HcTRSwBnKmN-MctdLPDSYMZcYJw7m-OaVisE0Y2qP4SQBhLXA2RSOy09BOgzD9QfOmIHXrz3-EQLAa fuUb2UdUfOPM0LiqtO&typo=1>