HomeMy WebLinkAboutFW_ Canyon Loop Trail Update - AB52Just FYI
From: Ryan Wright
Sent: Sunday, October 16, 2022 8:46 AM
To: Dan Fox <DFox@DiamondBarCA.Gov>; Ryan McLean <RMcLean@DiamondBarCA.Gov>
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov>; 'Omar Sandoval' <osandoval@wss-law.com>
Subject: Canyon Loop Trail Update - AB52
Importance: High
Good Morning,
It’s been a fairly busy weekend regarding the Canyon Loop Trail, specifically the Native American Monitoring component, and I wanted to provide an update. The project expected to begin
tomorrow morning with the on-site meeting so it has been imperative to work through this latest challenge ASAP.
As you know, the City and Michael Baker International (MBI) requested consolation over a year ago with all Native American tribes claiming ancestral tribal territory for the project
site, per AB52. The only tribe to respond was the Kizh Nation who met with the City and provided recommendations that led to several mitigation measures. These measures are defined
as TCR1 through TCR-3 created by MBI, reviewed by the City, and approved in the MND. The City’s goal at the time was to have flexibility and options when it came time to secure the
actual Native American Monitor.
Just recently to City reached out to both the Kizh and Tongva Tribe seeking a Native American Monitor. These were selected based on the previous work during the consultation process
and past professional relationships. The Tongva were the first to respond and after a successful meeting with City staff an agreement was executed last week. Late Friday afternoon,
the Kizh reached out seeking information, followed by several emails stating only the Kizh could serve as the monitor. Their claim is based on the first two sentences of TCR-1 which
state:
“Prior to the commencement of any ground disturbing activity at the project site, the City of Diamond Bar shall retain a Native American monitor. The Native American monitor shall be
selected from a tribe that has requested that a monitor be present, and in which the project site is within their ancestral region of occupation.”
Although the Tongva have claim to the region and requested to be a monitor when contacted by the City last week, the Kizh’s argument is since the Tongva were not part of the original
consultation process they are not eligible to provide monitoring. I have spent several hours this weekend on the phone with the Mr. Gubman, the Tongva, the Kizh, and City Attorney
Sandoval. In my opinion, I believe an argument can be made either way, but it is in the City’s best interest to avoid any potential non-compliance inquires; therefore, terminate the
agreement with the Tongva and quickly enter into an agreement with the Kizh. When speaking with the Tongva representative he understands this approach and would abstain from the project.
Fortunately, the Kizh representative claims they can be available this week to join the project team.
I plan to work on the agreement process today with the Kizh and will route for signature ASAP. I have yet to receive the scope of work from the Kizh, so I cannot compare their hourly
rate with the that of the Tongva ($70). Please let me know if you have any questions or concerns. I will be in the office for awhile this morning or available by cell phone this afternoon.
Thank You,
<http://www.diamondbarca.gov/>
Ryan Wright | Parks and Recreation Director
City of Diamond Bar | Parks and Recreation Department
21810 Copley Drive, Diamond Bar, CA 91765
909.839.7061 | 909.839.7000 main | f 909.348.8316
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tml>
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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
Work Cell: 442-232-0430
Pronouns: he, his, him
________________________________
From: Dan Silver <dsilverla@me.com>
Sent: Tuesday, November 22, 2022 12:01 PM
To: Snyder, Jonathan <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> 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
https://ehleague.org <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fehleague.org&c=E,1,1XiLnARKmjcFkzNGS2lKI7Y5UWCfg3KUeoR_ISHL-WWnAypJqGUFPpkI7wvpjvRMDs-zPgqjOTHm-4nt8UF7XPTLTUhQcb0exBf9MZgEEZ
KlbSKfJZIJ&typo=1&ancr_add=1>
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