Art3_Highland_FY15_BikePed_Connector_CDFW Draft ITP str15002 California Department of Fish and Wildlife
' ' ` I •\� � Inland Deserts Region
3602 INLAND EMPIRE BLVD., SUITE C-220
ONTARIO, CA 91764
California Endangered Species Act
Incidental Take Permit No. 2081-2019-029-06
HIGHLAND/REDLANDs REGIONAL CONNECTOR PROJECT
Authority:
This California Endangered Species Act (CESA) incidental take permit (ITP) is issued by the
California Department of Fish and Wildlife (CDFW) pursuant to Fish and Game Code section
2081, subdivisions (b) and (c), and California Code of Regulations, Title 14, section 783.0 et
seq. CESA prohibits the take' of any species of wildlife designated by the California Fish and
Game Commission as an endangered, threatened, or candidate species.2 CDFW may
authorize the take of any such species by permit if the conditions set forth in Fish and Game
Code section 2081, subdivisions (b) and (c) are met. (See Cal. Code Regs., tit. 14, § 783.4).
Permittee: City of Highland
1, \"C'1� w t�i`rec r
Principal Officer: Carlos Zamano, Asiia#atit-0ete s
Contact Person: Dennis Barton, (909) 864-6861
Mailing Address: 27215 Base Line
Highland, CA 92346
Effective Date and Expiration Date of this ITP:
This ITP shall be executed in duplicate original form and shall become effective once a
duplicate original is acknowledged by signature of the Permittee on the last page of this ITP
and returned to CDFW's Habitat Conservation Planning Branch at the address listed in the
Notices section of this ITP. Unless renewed by CDFW, this ITP's authorization to take the
Covered Species shall expire on December 31, 2032.
Notwithstanding the expiration date on the take authorization provided by this ITP,
Permittee's obligations pursuant to this ITP do not end until CDFW accepts as complete the
Permittee's Final Mitigation Report required by Condition of Approval 7.7 of this ITP.
Pursuant to Fish and Game Code section 86, "'take' means hunt, pursue,catch, capture,or kill, or attempt to hunt,pursue,
catch,capture,or kill."(See also Environmental Protection Information Center v. California Department of Forestry and Fire
Protection(2008)44 Cal.4th 459, 507 [for purposes of incidental take permitting under Fish and Game Code section 2081,
subdivision(b), "'take' ... means to catch,capture or kill".)
2The definition of an endangered,threatened,and candidate species for purposes of CESA are found in Fish and Game
Code sections 2062,2067, and 2068, respectively.
Rev. 2020.6.23.
Project Location:
The Highland/Redlands Regional Connector Project (Project) is located along a 4.7-mile
stretch within the cities of Highland and Redlands, San Bernardino County, State of
California; United States Geological Survey 7.5-Minute topographic quadrangles: Township
1 S, Ranges 3W and 7W, Sections 2, 3, 10, 15, and 16 of the Redlands United States
Geological Survey (Refer to Figure 1). It is bounded by Base Line to the north, Church Street
to the east, Glenheather Drive and Orange Street to the west, and Pioneer Avenue to the
south.
Project Description:
The Project includes the construction of a new bikeway and pedestrian trail along existing
roadways within the cities' right-of-way. For portions of the Project, particularly in the north
and south, the trail will be added to existing paved roads and pavement repairs made and/or
slurry seal applied, wherever required. In the central part of the Project, the roadway will
primarily be expanded to add a new trail. In these locations, trail construction will require
clearing and grubbing of vegetation; leveling through earth moving; paving; and the addition
of curbs, gutters, curb ramps, median curbs, guard rails, sidewalks, crosswalks, and a rest
area. Bike racks, bollards, bike signals, in-roadway bicycle detection, pedestrian heads,
sharrows, warning beacons, signage, lighting, and speed feedback will also be installed
throughout the Project. A single span bikeway and pedestrian path bridge will be installed
over Plunge Creek, with the prefabricated bridge being lowered into place using a crane and
the abutments being placed outside of the channel. All construction-related equipment when
not in use will be restricted to construction staging areas located within developed areas on
the Cemex Redlands Quarry property.
Construction is expected to begin in�=�
, with the duration of the construction
expected to be approximately 18 months. No nighttime construction activities are anticipated.
Following construction activities, the areas wit in-thQ Project that were temporarily impacted
will be restored and managed for an addition 110 y ar (Condition of Approval 9.6).
Covered Species Subject to Take Authorization Provided by this ITP:
This ITP covers the following species:
Name CESA Status
1. Santa Ana River woollystar (Eriastrum densifolium ssp. sanctorum) Endangered3
2. San Bernardino kangaroo rat (Dipodomys merriami parvus) Candidate4
3See Cal. Code Regs. tit. 14§ 670.2, subd. (a)(25)(A).
4The species status may change following the decision of the Fish and Incidental Take Permit
Game Commission to designate the species as threatened or endangered No.2081-2019-029-06
but if there is such a designation, the species will remain a Covered CITY OF HIGHLAND
9 p HIGHLAND/REDLANDS CONNECTOR PROJECT
Species.
Page 2
These species and only these species are the "Covered Species" for the purposes of this ITP.
Impacts of the Taking on Covered Species:
Project activities and their resulting impacts are expected to result in the incidental take of
individuals of the Covered Species. The activities described above expected to result in
incidental take of individuals of the Covered Species include vegetation removal, grading,
filling, excavation, operation and staging of vehicles and heavy equipment, and installation
and/or construction of Project facilities (Covered Activities).
-
The Project is expected to cause the loss of_12.06 acres of suitable habitat for Covered U
Species. Of the 12.06 acres, impacts will result in the permanent loss of 6.38 acres, of which
6.38 acres is suitable for and/or occupied by San rnardin� kars,ar_ n�rat� RKRI anri 9 7R
acres is suitable for Santa Ana woollystar(SAWS). The Project will also temporarily impact
5.78 acres, of which 5.78 acres is suitable for and/or occupied by SBKR and 3. 4 acres is
suitable for and/or occupied by SAWS. �� - bJS + Y re�,.,, — Yvo
The areas where authorized take of the Covered Species is expe ted to occur include: the
areas identified as suitable habitat for Covered Species, as depicted in Figure 2 (collectively,
the Project Area).
Santa Ana Woollystar
Incidental take of SAWS in the form of mortality ("kill") may occur as a result of Covered
Activities such as crushing of individuals, soil disturbance and compaction, uprooting of
individuals, covering of individuals with soil or fill materials, alteration of plant community
structure, and changes in fluvial processes, hydrology, and sediment transport due to
installation and construction of Project facilities. Incidental take of individuals of the Covered
Species may also occur from the Covered Activities in the form of handling and seed
collection for restoration. Impacts of the authorized taking also include adverse impacts to the
Covered Species related to temporal losses, increased habitat fragmentation and edge
effects, and the Project's incremental contribution to cumulative impacts (indirect impacts).
These impacts include: long-term effects due increased pollution, increased competition for
water, nutrients, and space, increased vulnerability to herbivory, and increased competition
from nonnative invasive plants.
San Bernardino Kangaroo Rat
Incidental take of individuals of SBKR in the form of mortality ("kill") may occur as a result of
Covered Activities such as crushing of individuals, collapse or damage of burrows, increased
exposure, vehicle strikes, injury to individuals, and covering of individuals with soil or fill
materials. Incidental take of individuals of the Covered Species may also occur from the
Covered Activities in the form of pursue, catch, capture, or attempt to do so of the Covered
Species from trapping and relocation efforts. Impacts of the authorized taking also include
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adverse impacts to SBKR related to decreased movement, including the reduction of
individuals' nightly movements, home range pattern, and dispersal events; decreased
connectivity and habitat fragmentation, including the increased risk of predation; heightened
stress from capture and relocation activities, including the reduction or elimination of day
burrows and food caches, interrupted behavioral dynamics and structural community
(intra/inter competition, disruption of breeding and/or lower reproductive success); and the
Project's incremental contribution to cumulative impacts (indirect impacts). These impacts
include long-term effects due to increased competition for resources, a reduction in habitat
values and connectivity, and disruption of breeding and/or lower reproductive success.
Incidental Take Authorization of Covered Species:
This ITP authorizes incidental take of the Covered Species and only the Covered Species.
With respect to incidental take of the Covered Species, CDFW authorizes the Permittee, its
employees, contractors, and agents to take Covered Species incidentally in carrying out the
Covered Activities, subject to the limitations described in this section and the Conditions of
Approval identified below. This ITP does not authorize take of Covered Species from
activities outside the scope of the Covered Activities, take of Covered Species outside of the
Project Area, take of Covered Species resulting from violation of this ITP, or intentional take
of Covered Species except for capture and relocation of Covered Species as authorized by
this ITP.
Conditions of Approval:
Unless specified otherwise, the following measures apply to all Covered Activities within the
Project Area, including areas used for vehicular ingress and egress, staging and parking.
CDFW's issuance of this ITP and Permittee's authorization to take the Covered Species are
subject to Permittee's compliance with and implementation of the following Conditions of
Approval:
1. Legal Compliance: Permittee shall comply with all applicable federal, state, and local
laws in existence on the effective date of this ITP or adopted thereafter.
2. CEQA Compliance: Permittee shall implement and adhere to the mitigation measures
related to the Covered Species in the Biological Resources section of the Mitigated
Negative Declaration and Initial Study (SCH No. 2020019002) adopted by City of
Highland on February 21, 2020 as lead agency for the Project pursuant to the California
Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.).
3. LSA Agreement Compliance: Permittee shall implement and adhere to the mitigation
measures and conditions related to the Covered Species in any Lake and Streambed
Alteration Agreement (LSAA) for the Project executed by CDFvv pursuant to Fish and
Game Code section 1600 et seq.
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4. ESA Compliance: Permittee shall implement and adhere to the terms and conditions
related to the Covered Species in the formal and informal section 7 consultation on the
Highland/Redlands Regional Connector Project, San Bernardino County, California (FWS-
SB-08ECAR00-2018-SLI-0285) for the Project pursuant to the Federal Endangered
Species Act (ESA). For purposes of this ITP, where the terms and conditions for the
Covered Species in the federal authorization are less protective of the Covered Species
or otherwise conflict with this ITP, the conditions of approval set forth in this ITP shall
control.
5. ITP Time Frame Compliance: Permittee shall fully implement and adhere to the
conditions of this ITP within the time frames set forth below and as set forth in the
Mitigation Monitoring and Reporting Program (MMRP), which is included as Attachment 1
to this ITP.
6. General Provisions:
6.1.Designated Representative. Before starting Covered Activities, Permittee shall
designate a representative (Designated Representative) responsible for
communications with CDFW and overseeing compliance with this ITP. Permittee shall
notify CDFW in writing before starting Covered Activities of the Designated
Representative's name, business address, and contact information, and shall notify
CDFW in writing if a substitute Designated Representative is selected or identified at
any time during the term of this ITP.
6.2.Designated Biologist. Permittee shall submit to CDFW in writing the name,
qualifications, business address, and contact information of a biological monitor
(Designated Biologist) at least 30 days before starting Covered Activities. Permittee
shall ensure that the Designated Biologist is knowledgeable and experienced in the
biology, natural history, collecting and handling of the Covered Species. The
Designated Biologist shall be responsible for monitoring Covered Activities to help
minimize and fully mitigate or avoid the incidental take of individual Covered Species
and to minimize disturbance of Covered Species' habitat. Permittee shall obtain
CDFW approval of the Designated Biologist in writing before starting Covered
Activities, and shall also obtain approval in advance in writing if the Designated
Biologist must be changed.
6.3.Designated Biologist Authority. To ensure compliance with the Conditions of Approval
of this ITP, the Designated Biologist shall have authority to immediately stop any
activity that does not comply with this ITP, and/or to order any reasonable measure to
avoid the unauthorized take of an individual of the Covered Species.
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6.4.Restoration Specialist. Permittee shall submit to CDFW in writing the name,
qualifications, business address, and contact information of a Restoration Specialist at
least 30 days before starting Covered Activities. Permittee shall obtain CDFW
approval of the Restoration Specialist in writing before starting Covered Activities, and
shall also obtain approval in advance, in writing, if the Restoration Specialist must be
changed. Permittee shall ensure the Restoration Specialist implements all the habitat
restoration and protection activities described in Conditions of Approval 8.1, 8.2, and
9.5. The Restoration Specialist shall possess the following qualifications: (1) have
knowledge and experience in the biology and natural history of the Covered Species
and (2) have experience in the restoration and enhancement of alluvial sage scrub
(ASS) and alluvial fan ephemeral stream habitats. Permittee may propose to use the
Designated Biologist as the Restoration Specialist if the Designated Biologist
possesses all the qualifications required for the Restoration Specialist as listed in this
condition.
6.5.Education Program. Permittee shall conduct an education program for all persons
employed or otherwise working in the Project Area before performing any work. The
program shall consist of a presentation from the Designated Biologist that includes a
discussion of the biology and general behavior of the Covered Species, information
about the distribution and habitat needs of the Covered Species, sensitivity of the
Covered Species to human activities, its status pursuant to CESA including legal
protection, recovery efforts, penalties for violations and Project-specific protective
measures described in this ITP. Permittee shall provide interpretation for non-English
speaking workers, and the same instruction shall be provided to any new workers
before they are authorized to perform work in the Project Area. Permittee shall
prepare and distribute wallet-sized cards or a fact sheet handout containing this
information for workers to carry in the Project Area. Upon completion of the program,
employees shall sign a form stating they attended the program and understand all
protection measures. This training shall be repeated at least once annually for long-
term and/or permanent employees that will be conducting work in the Project Area.
6.6.Construction Monitoring Notebook. The Designated Biologist shall maintain a
construction-monitoring notebook on-site throughout the construction period, which
shall include a copy of this ITP with attachments and a list of signatures of all
personnel who have successfully completed the education program. Permittee shall
ensure a copy of the construction-monitoring notebook is available for review at the
Project site upon request by CDFW.
6.7.Trash Abatement. Permittee shall initiate a trash abatement program before starting
Covered Activities and shall continue the program for the duration of the Project.
Permittee shall ensure that trash and food items are contained in animal-proof
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containers and removed at least once a week to avoid attracting opportunistic
predators such as ravens, coyotes, and feral dogs.
6.8.Dust Control. Permittee shall implement dust control measures during Covered
Activities to facilitate visibility for monitoring of the Covered Species by the
Designated Biologist. Permittee shall keep the amount of water used to the minimum
amount needed, and shall not allow water to form puddles.
6.9.Erosion Control Materials. Permittee shall prohibit use of erosion control materials
potentially harmful to Covered Species and other species, such as monofilament
netting (erosion control matting) or similar material, in potential Covered Species'
habitat. Any seed mix used for erosion control shall be submitted to CDFW for review
and approval prior to use.
6.10.Delineation of Proiect Areas. Before starting Covered Activities, Permittee shall clearly
delineate the boundaries of the Project Area with fencing, stakes, or flags. Permittee
shall restrict all Covered Activities to within the fenced, staked, or flagged areas.
Permittee shall maintain all fencing, stakes, and flags until the completion of Covered
Activities in that area.
6.11.Delineation of Habitat. Permittee shall clearly delineate habitat of the Covered
Species within the Project Area with posted signs, posting stakes, flags, and/or rope
or cord, and place fencing as necessary to minimize the disturbance of Covered
Species' habitat.
6.12.Proiect Access. Project-related personnel shall access the Project Area using existing
routes, and shall not cross Covered Species' habitat outside of or en route to the
Project Area. Permittee shall restrict Project-related vehicle traffic to established
roads, staging, and parking areas. if Permittee determines construction of routes for
travel are necessary outside of the Project Area, the Designated Representative shall
contact CDFW for written approval before carrying out such an activity. CDFW may
require an amendment to this ITP, among other reasons, if additional take of Covered
Species will occur as a result of the Project modification.
6.13.Staging Areas. Permittee shall confine all Project-related parking, storage areas,
laydown sites, equipment storage, and any other surface-disturbing activities to the
Project Area using, to the extent possible, previously disturbed areas. Additionally,
Permittee shall not use or cross Covered Species' habitat outside of the marked
Project Area unless provided for as described in Condition of Approval 6.11 of this
ITP.
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6.14.Hazardous Waste. Permittee shall immediately stop and, pursuant to pertinent state
and federal statutes and regulations, arrange for repair and clean up by qualified
individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or
as soon as it is safe to do so. Permittee shall exclude the storage and handling of
hazardous materials from the Project Area and shall properly contain and dispose of
any unused or leftover hazardous products off-site.
6.15.CDFW Access. Permittee shall provide CDFW staff with reasonable access to the
Project, and shall otherwise fully cooperate with CDFW efforts to verify compliance
with or effectiveness of mitigation measures set forth in this ITP.
6.16.Refuse Removal. Upon completion of Covered Activities, Permittee shall remove from
the Project Area and properly dispose of all temporary fill and construction refuse,
including, but not limited to, broken equipment parts, wrapping material, cords,
cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.
7. Monitoring, Notification and Reporting Provisions:
7.1.Notification Before Commencement. The Designated Representative shall notify
CDFW 14 calendar days before starting Covered Activities and shall document
compliance with all pre-Project Conditions of Approval before starting Covered
Activities.
7.2.Notification of Non-compliance. The Designated Representative shall immediately
notify CDF Al in yyriting if it determines that the Permittee is not in compliance with any
Condition of Approval of this ITP, including but not limited to any actual or anticipated
failure to implement measures within the time periods indicated in this ITP and/or the
MMRP. The Designated Representative shall report any non-compliance with this ITP
to CDFW within 24 hours.
7.3.Compliance Monitoring. The Designated Biologist shall be on-site daily when Covered
Activities occur. The Designated Biologist shall conduct compliance inspections to (1)
minimize incidental take of the Covered Species; (2) prevent unlawful take of species;
(3) check for compliance with all measures of this ITP; (4) check all exclusion zones;
and (5) ensure that signs, stakes, and fencing are intact, and that Covered Activities
are only occurring in the Project Area. The Designated Representative or Designated
Biologist shall prepare daily written observation and inspection records summarizing:
oversight activities and compliance inspections, observations of Covered Species and
their sign, survey results, and monitoring activities required by this ITP.
7.4.Quarterly Compliance Report. The Designated Representative or Designated
Biologist shall compile the observation and inspection records identified in Condition
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of Approval 7.3 into a Quarterly Compliance Report and submit it to CDFW along with
a copy of the MMRP table with notes showing the current implementation status of
each mitigation measure. Quarterly Compliance Reports shall be submitted to the
CDFW offices listed in the Notices section of this ITP and via e-mail to CDFW's
Regional Representative and Headquarters CESA Program. At the time of this ITP's
approval, the CDFW Regional Representative is Kimberly Romich
(kmberly.romich(a�-wildlife.ca.gov) and Headquarters CESA Program email is
CESA@wildlife.ca.gov. CDFW may at any time increase the timing and number of
compliance inspections and reports required under this provision depending upon the
results of previous compliance inspections. If CDFW determines the reporting
schedule must be changed, CDFW will notify Permittee in writing of the new reporting
schedule.
7.5.Annual Status Report. Permittee shall provide CDFW with an Annual Status Report
(ASR) no later than January 31 of every year beginning with issuance of this ITP and
continuing until CDFW accepts the Final Mitigation Report identified below. Each ASR
shall include, at a minimum: (1) a summary of all Quarterly Compliance Reports for
that year identified in Condition of Approval 7.4; (2) a general description of the status
of the Project Area and Covered Activities, including actual or projected completion
dates, if known; (3) a copy of the table in the MMRP with notes showing the current
implementation status of each mitigation measure; (4) an assessment of the
effectiveness of each completed or partially completed mitigation measure in
avoiding, minimizing and mitigating Project impacts; (5) all available information about
Project-related incidental take of the Covered Species, (6) an accounting of the
number of acres subject to both temporary and permanent disturbance, both for the
prior calendar year, and a total since ITP issuance; and (7) information about other
Project impacts on the Covered Species.
7.6.CNDDB Observations. The Designated Biologist shall submit all observations of
Covered Species to CDFW's California Natural Diversity Database (CNDDB) within
60 calendar days of the observation and the Designated Biologist shall include copies
of the submitted forms with the next Quarterly Compliance Report or ASR, whichever
is submitted first relative to the observation.
7.7.Final Mitigation Report. No later than 45 days after completion of all mitigation
measures, Permittee shall provide CDFW with a Final Mitigation Report. The
Designated Biologist shall prepare the Final Mitigation Report which shall include, at a
minimum: (1) a summary of all Quarterly Compliance Reports and all ASRs; (2) a
copy of the table in the MMRP with notes showing when each of the mitigation
measures was implemented; (3) all available information about Project-related
incidental take of the Covered Species; (4) information about other Project impacts on
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the Covered Species; (5) beginning and ending dates of Covered Activities; (6) an
assessment of the effectiveness of this ITP's Conditions of Approval in minimizing and
fully mitigating Project impacts of the taking on Covered Species;
(7) recommendations on how mitigation measures might be changed to more
effectively minimize take and mitigate the impacts of future projects on the Covered
Species; and (8) any other pertinent information.
7.8.Notification of Take or Injury. Permittee shall immediately notify the Designated
Biologist if a Covered Species is taken or injured by a Project-related activity, or if a
Covered Species is otherwise found dead or injured within the vicinity of the Project.
The Designated Biologist or Designated Representative shall provide initial
notification to CDFW by calling the Regional Office at (909) 484-0523. The initial
notification to CDFW shall include information regarding the location, species, and
number of animals taken or injured and the ITP Number. Following initial notification,
Permittee shall send CDFW a written report within two calendar days. The report shall
include the date and time of the finding or incident, location of the animal or carcass,
and if possible provide a photograph, explanation as to cause of take or injury, and
any other pertinent information.
7.9.Weed Management Plan. Permittee shall prepare and implement a Weed
Management Plan (WMP) to prevent the introduction and spread of nonnative plant
material during the construction and restoration phases of the Project. The WMP shall
provide an inventory of existing weed species within and adjacent to the Project Area;
evaluate each project-activities' potential to introduce or spread weeds; identify
specific prevention and treatment strategies; and propose a monitoring and treatment
schedule. The WMP shall be provided to CDFW for review and approval no later than
30 days prior to the initiation of Covered Activities.
8. Take Minimization Measures: The following requirements are intended to ensure the
minimization of incidental take of Covered Species in the Project Area during Covered
Activities. Permittee shall implement and adhere to the following conditions to minim, ize
take of Covered Species:
Santa Ana River Woollystar
8.1.Harvesting of Covered Species Seeds. Prior to commencement of Covered Activities,
Permittee shall harvest seeds from SAWS located within the Project that are
anticipated to be incidentally taken as a result of Project construction activities. If seed
is not available for collection prior to disturbance to Covered Species, Permittee shall
salvage soil as described in Condition of Approval 8.2. Permittee shall store a portion
of the seeds (quantity to be determined by the Restoration Specialist) for dispersal
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post-Project within the restored temporary impact areas. Permittee shall donate the
remainder of the harvested seeds to the Rancho Santa Ana Botanic Garden for future
propagation and/or research purposes.
8.2.Harvesting of Soil. If Covered Activities that may damage the seed bank (e.g.
grading, compaction, dust control, etc.) occur in temporary impact areas where
individuals of the Covered Species occur, Permittee shall harvest the top 6 inches of
soil from these areas prior to the commencement of Covered Activities. Permittee,
under the supervision of the Restoration Specialist, shall store the soil appropriately
to maintain viability of seeds and soil organisms and return the soil during the
restoration activities to the locations where it was originally collected.
San Bernardino Kangaroo Rat
8.3.Pre- Exclusionary Fencing — Burrow Mapping. Within 90 days prior to installing the
exclusionary fencing, the Designated Biologist(s) shall identify and map all potential
kangaroo rat burrows within the Project and a 150-foot buffer surrounding the Project.
The map of the kangaroo rat burrows shall be provided to CDFW no less than 5 days
prior to any Covered Activities being performed, including exclusionary fence
installation or other ground disturbing activities.
8.4.Pre-Exclusionary Fencing — Small Mammal Trapping. Within 90 days prior to erecting
the exclusionary fencing, Designated Biologist shall design small mammal trapping
grids/transects for CDFW review and approval. To achieve total coverage of SBKR
suitable habitat, transects shall be used within narrow linear habitat and grids shall be
used within larger areas of habitat. Transects and grids shall be established within the
Project and 150-foot buffer surrounding the Project. Trap locations shall be
geographically indexed with latitude/longitude coordinates along with the datum used
(e.g., degrees/minutes/seconds, decimal degrees, etc.). The grids shall be permanent
(e.g. capable of replication), with equal stratification to be representative of different
qualities of suitable SBKR habitat and distributed within the Project and 150-foot
buffer surrounding the Project. Once the permanent grids and transect locations are
approved by CDFW, the Designated Biologist(s) shall trap the grids/transects for 5
consecutive nights within 60 days prior to installing the exclusionary fencing. The
Designated Biologist(s) shall conduct trapping only if the nightly low temperature is
forecast to be 50 degrees Fahrenheit or above, and if no extended periods of wind,
rain, fog, or other inclement weather will occur to make conditions unsuitable for
trapping or will unduly imperil the lives of the animals. To measure future SBKR
survivorship and abundance/density estimates, as well as measure conspecific
interactions, all captured SBKR shall be individually marked using ear tags with
unique alphanumeric codes. Trapping results shall include captured kangaroo rats'
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age, gender, mass, trap location, new/recapture status, tag identification, and any
burrow locations that are used upon release. Pre-exclusionary fencing trapping results
shall be provided to CDFW no less than 5 days prior to installing the exciusionary
fence.
8.5.Exclusionary Fencing Plan and Installation. Within 60 days of the start of Covered
Activities, the fencing plans to exclude SBKR shall be submitted to CDFW for review
and approval. Exclusionary fencing shall be erected around the Project no more than
15 days before the initiation of any Covered Activities. The Designated Biologist(s)
shall be present during exclusionary fence installation.
8.6.Post-Exclusionary Fencing Installation - Relocation. Within 7 days following the
installation of the exclusionary fence as described in Condition of Approval 8.5, the
Designated Biologist(s) shall coordinate with CDFW to remove SBKR to outside the
excluded Project. The relocation sites will be dependent on the number of SBKR
captured and the need for intra/inter spatial distribution. Designated Biologist(s) shall
perform the relocation activities as follows:
8.6.1. Small Mammal Trapping within the Exclusionary Fence Area. The Designated
Biologist(s) shall conduct small mammal trapping for a minimum of 5
consecutive nights, with at least 3 consecutive nights of no SBKR captures. If
the exclusionary fence is damaged (e.g., cut, removed, knocked down, etc.)
and may have resulted in SBKR reentering the exclusion area, CDFW will be
immediately notified to determine if modification of and/or an extension to the
trapping requirements is needed.
8.6.1.1. Data Marking and Recordation. The Designated Biologist(s) shall affix ear
tags with a unique alphanumeric code to each captured SBKR and record
age, gender, reproductive status, mass, trap location, new/recapture
status, and ear tag identification for all captured kangaroo rats before
placing into a standard rodent carrier.
8.6.1.2. Data and Map Submittals. Prior to any SBKR being relocated, Permittee
shall provide CDFW for review and approval: (1) a spatial map of where all
kangaroo rats were trapped both within the exclusionary fence and
adjacent 150-foot buffer surrounding the Project; (2) all captured SBKR
information, as described in Condition of Approval 8.6.1.1, and (3) a spatial
map of proposed relocation area(s) that includes individual spatial
grouping.
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8.6.1.3. SBKR Holding. The Designated Biologist(s) shall hold all captured SBKR
until trapping within the exclusionary fence(s) is complete (after 3
consecutive nights of no SBKR captures) and CDFW approves the
proposed relocation areas as identified in Condition 8.6.1.2. Following
CDFW approval of the relocation locations, the Designated Biologist(s)
shall perform a soft release of all SBKR as described in Conditions of
Approval 8.6.2, 8.6.3, and 8.6.4.
8.6.1.4. SBKR Lactating Females and Pups. If a SBKR lactating female is
captured, she shall be released and followed to determine where her
burrow is located. A fiber-optic scope or mini camera shall be immediately
used within the located burrow or, if not found, all kangaroo burrows within
a 20-meter(m) (66 feet) radius. If no kangaroo rats are observed within the
burrow, it shall be hand excavated to ensure no occupancy. If SBKR pups
are observed, CDFW shall be notified at once, and the pups shall be
captured and placed in a rodent carrier with the female. All juveniles and
non-lactating females captured shall be "soft" released, as specified in
Conditions of Approval 8.6.2, 8.6.3, and 8.6.4. If a previously ear-tagged
juvenile or non-lactating female is captured, the Designated Biologist(s)
shall consult previous capture locations inform the release location. If the
animal was previously captured outside of the exclusion zone, that animal
shall be "soft" released within 24 hours, at the last-known capture location
outside of the exclusionary fence. If the animal had not been previously
trapped, or was previously trapped only inside the exclusion fence area,
the Designated Biologist(s) shall hold the animal until trapping within the
exclusionary fence is complete (after 3 consecutive nights of no SBKR
captures) and CDFW approves the proposed relocation site (see Condition
of Approval 8.6.1.2).
8.6.2. Soft Release. To limit dispersal and allow SBKR to acclimate to relocation, the
Designated Biologist(s) shall perform a "soft release" at CDFW-approved
locations as follows:
8.6.2.1. Retention Cage Construction. The Designated Biologist(s) shall construct
above-ground wire mesh retention cage using 6.4 millimeters (mm) (1/4
inch) hardware cloth, each measuring about 90 x 60 centimeters (cm)
(23.6 x 35.4 inches) and closed on the top and open on the bottom (Refer
to Figure 3).
8.6.2.2. Burrow Construction. The Designated Biologist(s) shall dig burrows into
the ground using a soil auger that is approximately the same diameter as a
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SBKR burrow (45 mm) at roughly a 30-degree angle to a length of 1 m (3.3
feet). To maintain the integrity of the created burrow, cardboard mailing
tubes, or other structural material shall be placed in the burrow, as
required. The burrows shall be established outside of the exclusionary
fencing in the same approximate neighbor relationship as trapped, and as
approved by CDFW. Holes shall be close to natural size (Refer to Figure
3).
8.6.2.3. Retention Cage Installation. The Designated Biologist(s) shall place each
retention cage over the constructed burrow. The sides of the cage shall be
buried to an approximate depth of 20 cm (8 inches) to discourage animals
from digging out. The retention cages/burrows shall be placed at least 15m
apart to avoid aggressive interactions when the retention cage is removed,
unless trapping and burrow mapping suggests otherwise.
8.6.2.4. Spatial Arrangement. The Designated Biologist(s) shall move SBKR from
the Project to outside of the exclusionary fencing in the same approximate
neighbor relationship as trapped and as approved by CDFW.
8,6:2.5. Wildlife Cameras. The Designated Biologist(s) shall install remote infrared
wildlife cameras at 10 percent of the enclosures, or 10 cameras, whichever
is greater, to video record activity during acclimation and for 30 days
following removal of the cage. If, after placing one camera at each
enclosure, there are cameras remaining from the 10 total cameras, the
additional cameras shall be placed strategically.
8.6.2.6. Retention Cage Process. The Designated Biologist(s) shall place each
relocated SBKR into its own retention cage for up to 10 days to allow
acclimation to the release site and dampen dispersal. The burrow entrance
shall be manually plugged during the day and unplugged each night to
allow the SBKR to enter into the cage, unless a natural burrow and/or plug
has been created by the animal.
8.6.2.7. Feeding. The Designated Biologist(s) shall feed SBKR a combination of
romaine lettuce, inoculated finch seed mix, and plant seeds native to the
release site daily while in the retention cage/burrow. Seed shall be
microwaved for 1-3 minutes before broadcast at the release site to prevent
seed germination and alteration of the native vegetation community.
8.6.2.8. Retention Cage Removal. The Designated Biologist(s) shall use their
experience and professional judgement in determining the timing of
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retention cage removal. The Designated Biologist(s) shall consider all
factors (e.g. acclimation, stress/injury from cage) relevant to the health and
well-being of the individuals in the decision-making process.
8.6.2.9. Reporting. The Designated Biologist(s) shall provide CDFW daily updates
on the status of SBKR during, and 30 days following, the soft release,
including any camera data information (activity period, behaviors, physical
trauma, predation attempts), daily monitoring summary, and any vandalism
issues.
8.6.3. Post Release Supplemental Feeding. Permittee shall complete supplemental
feeding following the "soft" release. Seed shall be broadcast at the release sites
3 evenings per week for the first month following the removal of the retention
cages and one evening each week thereafter for the next 3 months. Seed shall
be microwaved for 1-3 minutes before being broadcast at the release site to
prevent seed germination and alteration of the native vegetation community.
8.6.4. Post Soft Release - Relocation Monitoring. Following the removal of the
retention cages, the Designated Biologist(s) shall conduct small mammal
trapping. Small mammal trapping shall occur within 30 days and then
approximately every 3 months for the first year following the relocation (4 times
total) within the Project and a 150-foot buffer surrounding the Project. In
addition, small mammal trapping shall occur annually following the first year of
Covered Activities for the duration of the Project. The Designated Biologist(s)
shall individually mark all captured SBKR using ear tags with unique
alphanumeric codes and record age, gender, mass, trap location,
new/recapture status, and tag identification of all captured kangaroo rats. A
report of the relocation monitoring findings shall be submitted to CDFW
annually (Conditions of Approval 7.5 and 7.7) for the duration of the Project.
8.7.SBKR Construction Monitoring. Designated Biologist(s) shall perform daily visual
surveys for exclusionary fencing and kangaroo rat burrows, sign, and individuals prior
to the start of Covered Activities, including stockpiles and equipment storage areas.
8.7.1. Exclusionary Fence Maintenance. The Designated Biologist(s) shall inspect
SBKR exclusionary fencing at the close of each workday to ensure that it is in
place and properly maintained for the duration of Covered Activities. The fence
shall be repaired in a timely manner and any signs of vandalism that
compromise the integrity of the fence shall be reported to CDFW, including, but
not limited to the location and length that was affected, duration, and how it was
repaired.
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8.7.2. Burrows. If any Covered Activities will result in large vibrational and/or noise
impacts (e.g., pile driving) within 125 feet of a kangaroo rat burrow, or any other
Covered Activity will occur within 25 feet of a kangaroo rat burrow, the
Designated Biologist(s) shall conduct the following:
8.7.2.1. Monitor. The Designated Biologist(s) shall monitor the burrow(s) for
disturbance a minimum of 3 times daily.
8.7.2.2. Project Adjustments. If a burrow shows evidence of disturbance, the
Designated Biologist(s) shall immediately make adjustments to the
location, type, and/or frequency of the Covered Activities occurring to
preclude further potential impacts, and increase monitoring of the burrow
to ensure the adjustments were effective. The Designated Biologist(s)
shall use their best professional judgement regarding the monitoring
period and adjustment of the work buffer surrounding the burrow.
8.7.2.3. Stop Work. If impacts beyond those authorized in this ITP are identified or
suspected, Permittee shall cease the Covered Activities potentially
responsible for those impacts and notify CDFW immediately.
8.7.2.4. Daily Reporting. The Designated Biologist(s) shall provide CDFW the
results of the burrow monitoring, including photographs and a brief
assessment, the type of activity occurring (e.g. drilling, grading, falsework,
etc.), distance from the burrow, impacts measured/noted, and any buffer
adjustment made on a daily basis.
9. Habitat Management Land Acquisition and Restoration: CDFW has determined that
permanent protection and perpetual management of compensatory habitat is necessary
and required pursuant to CBSA to fully mitigate Project-related impacts of the taking on
the Covered Species that will result with implementation of the Covered Activities. This
determination is based on factors including an assessment of the importance of the
habitat in the Project Area, the extent to which the Covered Activities will impact the
habitat, and CDFW's estimate of the acreage required to provide for adequate
compensation.
To meet this requirement, the Permittee shall either purchase 31.3 acres of Covered
Species credits from a CDFW-approved mitigation or conservation bank (Condition of
Approval 9.2) OR shall provide for both the permanent protection and management of
31.3 acres of Habitat Management (HM) lands pursuant to Condition of Approval 9.3
below and the calculation and deposit of the management funds pursuant to Condition of
Approval 9.4 below. Permanent protection and funding for perpetual management of
compensatory habitat must be complete before starting Covered Activities, or within 18
months of the effective date of this ITP if Security is provided pursuant to Condition of
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Approval 10 below for all uncompleted obligations. The Permittee shall also restore on-
site 5.78 acres of temporarily impacted Covered Species habitat pursuant to Conditions of
Approval 9.5 and 9.6 below. The 5.78-acre temporary impact area may qualify as HM
Lands if Conditions of Approval 9.3-9.6 can be met, and Permittee can demonstrate
occupation and use of the areas by SBKR.
9.1.Cost Estimates. CDFW has estimated the cost of acquisition, protection, and
perpetual management of the HM lands and restoration of temporarily disturbed
habitat as follows:
9.1.1. Land acquisition cos r- nds identified in Condition of Approval 9.3
below, estimated t $135,000.00 / re for 31.3 acres: $4,225,500.00. Land
acquisitions costs are a sing local fair market current value for lands
with habitat values meeting mitigation requirements;
9.1.2. Start-up costs for HM lands, including initial site protection and enhancement
costs as described in Condition of Approval 9.3.5 below, estimated at
$434,100.00;
9.1.3. Interim management period funding as described in Condition of Approval 9.3.6
below, estimated at $648,803.00;
9.1.4. Long-term management funding as described in Condition of Approval 9.4
below, estimated at $23,236.00/acre for 31.3 acres: $727,286.80. Long-term
management funding is estimated initially for the purpose of providing Security
to ensure implementation of HM lands management.
9.1.5. Restoration of on-site temporary effects to Covered Species habitat as
described in Conditions of Approval 9.5 and 9.6, calculated at $62,309.10/acre
for 5.78 acres: $360,146.60.
9.2.Covered Species Credits. Permittee shall purchase 31.3 acres of Covered Species
credits from a CDFW-approved mitigation or conservation bank prior to initiating
Covered Activities, or no later than 18 months from the issuance of this ITP if Security
is provided pursuant to Condition of Approval 10 below.
OR:
9.3.Habitat Acquisition and Protection. To provide for the acquisition and perpetual
protection and management of the HM lands, the ermittee shall:
4 225,
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F _
9.3.1. Fee Title/Conservation Easement. Transfer fee title to the HM lands to CDFW
pursuant to terms approved in writing by CDFW. Alternatively, CDFW, in its sole
discretion, may authorize a governmental entity, special district, non-profit
organization, for-profit entity, person, or another entity to hold title to and
manage the property provided that the district, organization, entity, or person
meets the requirements of Government Code sections 65965-65968, as
amended. If CDFW does not hold fee title to the HM lands, CDFW shall act as
grantee for a conservation easement over the HM lands or shall, in its sole
discretion, approve a non-profit entity, public agency, or Native American tribe
to act as grantee for a conservation easement over the HM lands provided that
the entity, agency, or tribe meets the requirements of Civil Code section 815.3.
If CDFW does not hold the conservation easement, CDFW shall be expressly
named in the conservation easement as a third-party beneficiary. The Permittee
shall obtain CDFW written approval of any conservation easement before its
execution or recordation. No conservation easement shall be approved by
CDFW unless it complies with Government Code sections 65965-65968, as
amended and includes provisions expressly addressing Government Code
sections 65966(j) and 65967(e);
9.3.2. HM Lands Approval. Obtain CDFW written approval of the HM lands before
acquisition and/or transfer of the land by submitting, at least three months
before acquisition and/or transfer of the HM lands, a formal Proposed Lands for
Acquisition Form (see Attachment 2B) identifying the land to be purchased or
property interest conveyed to an approved entity as mitigation for the Project's
impacts on Covered Species;
9.3.3. HM Lands Documentation. Provide a recent preliminary title report, initial
hazardous materials survey report, and other necessary documents (see
Attachment 2A). All documents conveying the HM lands and all conditions of
title are subject to the approval of CDFW, and if applicable, the Wildlife
Conservation Board and the Department of General Services;
9.3.4. Land Manager. Designate both an interim and long-term land manager
approved by CDFW. The interim and long-term land managers may, but need
not, be the same. The interim and/or long-term land managers may be the
landowner or another party. Documents related to land management shall
identify both the interim and long-term land managers. Permittee shall notify
CDFW of any subsequent changes in the land manager within 30 days of the
change. If CDFW will hold fee title to the mitigation land, CDFW will also act as
both the interim and long-term land manager unless otherwise specified.
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9.3.5. Start-up Activities. Provide for the implementation of start-up activities, including
the initial site protection and enhancement of HM lands, once the HM lands
have been approved by CDFW. Start-up activities include, at a minimum: (1)
preparing a final management plan for CDFW approval (see
https://www.wiIdIife.ca.gov/Conservation/Planning/Banking/Templates) (2)
conducting a baseline biological assessment and land survey report within four
months of recording or transfer; (3) developing and transferring Geographic
Information Systems (GIS) data if applicable; (4) establishing initial fencing; (5)
conducting litter removal; (6) conducting initial habitat restoration or
enhancement, if applicable; and (7) installing signage;
9.3.6. Interim Management (Initial and Capital). Provide for the interim management of
the HM lands. The Permittee shall ensure that the interim land manager
implements the interim management of the HM lands as described in the final
management plan and conservation easement approved by CDFW. The interim
management period shall be a minimum of three years from the date of HM
land acquisition and protection and full funding of the Endowment and includes
expected management following start-up activities. Interim management period
activities described in the final management plan shall include fence repair,
continuing trash removal, site monitoring, habitat assessments, species
surveys, and vegetation and invasive species management. Permittee shall
either (1) provide a security to CDFW for the minimum of three years of interim
management that the land owner, Permittee, or land manager agrees to
manage and pay for at their own expense, (2) establish an escrow account with
written instructions approved in advance in writing by CDFW to pay the land
manager annually in advance, or (3) establish a short-term enhancement
account with CDFW or a CDFW-approved entity for payment to the land
manager.
9.4. Endowment Fund. The Permittee shall ensure that the HM lands are perpetually
managed, maintained, and monitored by the long-term land manager as described in
this ITP, the conservation easement, and the final management plan approved by
CDFW. After obtaining CDFW approval of the HM lands, Permittee shall provide
long-term management funding for the perpetual management of the HM lands by
establishing a long-term management fund (Endowment). The Endowment is a sum
of money, held in a CDFW-approved fund that provides funds for the perpetual
management, maintenance, monitoring, and other activities on the HM lands
consistent with the management plan(s) required by Condition of Approval 9.3.5.
Endowment as used in this ITP shall refer to the endowment deposit and all interest,
dividends, other earnings, additions and appreciation thereon. The Endowment shall
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be governed by this ITP, Government Code sections 65965-65968, as amended,
and Probate Code sections 18501-18510, as amended.
After the interim management period, Permittee shall ensure that the designated
long-term land manager implements the management and monitoring of the HM
lands according to the final management plan. The long-term land manager shall be
obligated to manage and monitor the HM lands in perpetuity to preserve their
conservation values in accordance with this ITP, the conservation easement, and the
final management plan. Such activities shall be funded through the Endowment.
9.4.1. Identify an Endowment Manager. The Endowment shall be held by the
Endowment Manager, which shall be either CDFW or another entity qualified
pursuant to Government Code sections 65965-65968, as amended. Permittee
shall submit to CDFW a written proposal that includes: (i) the name of the
proposed Endowment Manager; (ii) whether the proposed Endowment Manager
is a governmental entity, special district, nonprofit organization, community
foundation, or congressionally chartered foundation; (iii) whether the proposed
Endowment Manager holds the property or an interest in the property for
conservation purposes as required by Government Code section 65968(b)(1)
or, in the alternative, the basis for finding that the Project qualifies for an
exception pursuant to Government Code section 65968(b)(2); and (iv) a copy of
the proposed Endowment Manager's certification pursuant to Government
Code section 65968(e). Within thirty days of CDFW's receipt of Permittee's
written proposal, CDFW shall inform Permittee in writing if it determines the
proposal does not satisfy the requirements of Fish and Game Code section
2081(b)(4) and, if so, shall provide Permittee with a written explanation of the
reasons for its determination. If CDFW does not provide Permittee with a written
determination within the thirty-day period, the proposal shall be deemed
consistent with Section 2081(b)(4).;
9.4.2. Calculate the Endowment Funds Deposit. After obtaining CDFW written
approval of the HM lands, long-term management plan, and Endowment
Manager, Permittee shall prepare a Property Analysis Record (PAR) or PAR-
equivalent analysis (hereinafter "PAR") to calculate the amount of funding
necessary to ensure the long-term management of the HM lands (Endowment
Deposit Amount). The Permittee shall submit to CDFW for review and approval
the results of the PAR before transferring funds to the Endowment Manager.
9.4.2.1. Capitalization Rate and Fees. Permittee shall obtain the capitalization rate
from the selected Endowment Manager for use in calculating the PAR and
adjust for any additional administrative, periodic, or annual fees.
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9.4.2.2. Endowment Buffers/Assumptions. Permittee shall include in PAR
assumptions the following buffers for endowment establishment and use
that will substantially ensure long-term viability and security of the
Endowment:
9.4.2.2.1. 10 Percent Contingency. A 10 percent contingency shall be added to
each endowment calculation to hedge against underestimation of the
fund, unanticipated expenditures, inflation, or catastrophic events.
9.4.2.2.2. Three Years Delayed Spending. The endowment shall be established
assuming spending will not occur for the first three years after full
funding.
9.4.2.2.3. Non-annualized Expenses. For all large capital expenses to occur
periodically but not annually such as fence replacement or well
replacement, payments shall be withheld from the annual
disbursement until the year of anticipated need or upon request to
Endowment Manager and CDFW.
9.4.3. Transfer Long-term Endowment Funds. Permittee shall transfer the long-term
endowment funds to the Endowment Manager upon CDFW approval of the
Endowment Deposit Amount identified above. The approved Endowment
Manager may pool the Endowment with other endowments for the operation,
management, and protection of HM lands for local populations of the Covered
Species but shall maintain separate accounting for each Endowment. The
Endowment Manager shall, at all times, hold and manage the Endowment in
compliance with this ITP, Government Code sections 65965-65968, as
amended, and Probate Code sections 18501-18510, as amended.
9.5. Habitat Restoration and Monitoring Plan. No less than 3 months prior to commencing
Covered Activities, Permittee shall submit to CDFW for review and approval, a
Habitat Restoration and Monitoring Plan (HRMP) to facilitate restoration of the 5.78
acres temporarily impacted by the Project. The Permittee shall integrate the
methods, results, and findings from the SBKR Report (see Figures 4A and 4B) within
similar habitat types (Alluvial Sage Scrub [ASS]-Early Stage and ASS-Intermediate
Stage) into the HRMP by including, at a minimum: (1) a quantitative description of
the existing pre-project habitat and a plan to adequately sample ongoing restoration
efforts at randomly distributed locations (plots, nearest neighbor, transects) to
measure: (a) substrate, including (i) sediment depth measurements (driving a 48-
inch long, '/2 inch thick piece of rebar into the soil until first refusal), (ii) percent cover,
where sand (< 2 mm), gravel (3-64 mm), cobble (65-256 mm), and boulder(>256
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mm); (b) vegetation, including (i) perennial shrub percent cover, (ii) perennial/annual
forb percent cover, (i!i) perennial/annual grass percent cover, (iv) vegetation
composition, and (v) average height at each strata; (c) restoration impacts to SBKR
(e.g., survivorship, demographics, intra/inter competition) and population trends,
distribution, and occupancy, using small mammal trapping sampling and
methodology; and (d) locations where permanent photo station will be placed; (2)
vegetation removal/thinning methods to achieve and maintain annual (forbs and
grasses) vegetation cover at less than 35 percent cover (Bromus madritensis ssp.
rubens presence can be excluded from the calculated percent cover) and perennial
shrub cover at less than 25 percent; (3) the data that is anticipated to be collected,
such as (a) the dates of the thinning/removal treatments, (b) location of treatment, (c)
type of treatment (e.g., grazing, hand tools, percent concentration of herbicide used,
and volume of mix used by date and species, etc.), (d) the name(s) of species
treated, (e) before, during, and after photographs; and (f) GIS shapefiles and
illustrations depicting vegetation distribution; (4) techniques to contour, distribute,
deposit, and decompact streambed and floodplain substrate and ASS habitat to pre-
impact or better condition to achieve 10 percent or less of cobble and boulders and
an average soil depth between 20-25 cm/7.9 — 9.9 inches including (a) locations and
means of substrate source/deposit, if known, (b) stockpiling and protection of native
topsoil, (c) grading plans, (d) stream profile/elevation Flaps; (5) a planting plan with
a California native local plant palette and/or seed mix appropriate for ASS and
application methods; (6) performance criteria for vegetation and SBKR based on
quantitative vegetative description of existing habitat (recruitment, diversity,
abundance, and vegetation and substrate coverage) and small mammal data (e.g. #
of SBKR greater than pre construction/restoration conditions, recruitment, etc.); (7)
contingency measures if performance criteria are not met (e.g., planting of container
plants, irrigation ,plan, etc.); and (8) maintenance and monitoring schedule. Permittee
shall ensure that the HRMP is successfully implemented by the Restoration
Specialist.
9.6. Habitat Restoration. Within 6 months of completing Covered Activities, Permittee
shall restore the 5.78 acres of Covered Species habitat temporarily disturbed during
construction to pre-project or better conditions. Restoration activities shall include-
(1) recontouring and decompaction of the stream, floodplain, and ASS habitats to
pre-impact grade; (2) placement of collected topsoil/substrate and/or seeds; (3)
removal of nonnative species; (4) limiting unwanted activities (e.g. flood
maintenance, trespassing); and (5) if necessary to meet performance criteria,
planting of local, native ASS species by installing container plants and/or
broadcasting seeds. Permittee shall maintain and monitor the restored habitat for a
minimum of 10 years, or until CDFW determines the restoration effort is successful.
Permittee shall submit an Annual Status Report (Condition of Approval 7.5) to CDFW
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each year that restoration activities occur and a Final Mitigation Report (Condition of
Approval 7.7) when the restoration has been completed.
10. Performance Security: The Permittee may proceed with Covered Activities only after
the Permittee has ensured funding (Security) to complete any activity required by
Condition of Approval 9 that has not been completed before Covered Activities begin.
Permittee shall provide Security as follows:
10.1.Security Amount. The Security shall be in the amount of$6,395,836.40. This amount
is based on the cost estimates identified in Condition of Approval 9.1 above.
10.2.Security Form. The Security shall be in the form of an irrevocable letter of credit (see
Attachment 3) or another form of Security approved in advance in writing by CDFW's
Office of the General Counsel.
10.3.Security Timeline. The Security shall be provided to CDFW before Covered Activities
begin or within 30 days after the effective date of this ITP, whichever occurs first.
10.4.Security Holder. The Security shall be held by CDFW or in a manner approved in
advance in writing by CDFW.
10.5.Security Transmittal. If CDFW holds the Security, Permittee shall transmit it to CDFW
with a completed Mitigation Payment Transmittal Form (see Attachment 4) or by way
of an approved instrument such as escrow, irrevocable letter of credit, or other.
10.6.Security Drawing. The Security shall allow CDFW to draw on the principal sum if
CDFW, in its sole discretion, determines that the Permittee has failed to comply with
the Conditions of Approval of this ITP.
10.7.Security Release. The Security (or any portion of the Security then remaining) shall
be released to the Permittee after CDFW has conducted an on-site inspection and
received confirmation that all secured requirements have been satisfied, as
evidenced by:
• Written documentation of the acquisition of the HM lands;
• Copies of all executed and recorded conservation easements;
Written confirmation from the approved Endowment Manager of its receipt of
the full Endowment; and
Timely submission of all required reports.
Even if Security is provided, the Permittee must complete the required acquisition,
protection and transfer of all HM lands and record any required conservation easements
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no later than 18 months from the effective date of this ITP. CDFW may require the
Permittee to provide additional HM lands and/or additional funding to ensure the impacts
of the taking are minimized and fully mitigated, as required by law, if the Permittee does
not complete these requirements within the specified timeframe.
Amendment:
This ITP may be amended as provided by California Code of Regulations, Title 14, section
783.6, subdivision (c), and other applicable law. This ITP may be amended without the
concurrence of the Permittee as required by law, including if CDFW determines that
continued implementation of the Project as authorized under this ITP would jeopardize the
continued existence of the Covered Species or where Project changes or changed biological
conditions necessitate an ITP amendment to ensure that all Project-related impacts of the
taking to the Covered Species are minimized and fully mitigated.
Stop-Work Order:
CDFW may issue Permittee a written stop-work order requiring Permittee to suspend any
Covered Activity for an initial period of up to 25 days to prevent or remedy a violation of this
ITP, including but not limited to the failure to comply with reporting or monitoring obligations,
or to prevent the unauthorized take of any CESA endangered, threatened, or candidate
species. Permittee shall stop work immediately as directed by CDFW upon receipt of any
such stop-work order. Upon written notice to Permittee, CDFW may extend any stop-work
order issued to Permittee for a period not to exceed 25 additional days. Suspension and
revocation of this ITP shall be governed by California Code of Regulations, Title 14, section
783.7, and any other applicable law. Neither the Designated Biologist nor CDFW shall be
liable for any costs incurred in complying with stop-work orders.
Compliance with Other Laws:
This ITP sets forth CDFW's requirements for the Permittee to implement the Project pursuant
to CESA. This ITP does not necessarily create an entitlement to proceed with the Project.
Permittee is responsible for complying with all other applicable federal, state, and local law.
Notices:
The Permittee shall deliver a fully executed duplicate original ITP by registered first class mail
or overnight delivery to the following address:
Habitat Conservation Planning Branch
California Department of Fish and Wildlife
Attention: CESA Permitting Program
Post Office Box 944209
Sacramento, CA 94244-2090
Incidental Take Permit
No.2081-2019-029-06
CITY OF HIGHLAND
HIGHLAND/REDLANDS CONNECTOR PROJECT
Page 24
Alternatively, the Permittee shall email the digitally signed ITP to CESA@wildlife.ca.gov.
Digital signatures shall comply with Government Code section 16.5.
Written notices, reports and other communications relating to this ITP shall be delivered to
CDFW by email or registered first class mail at the following address, or at addresses CDFW
may subsequently provide the Permittee. Notices, reports, and other communications shall
reference the Project name, Permittee, and ITP Number (2081-2019-029-06) in a cover letter
and on any other associated documents.
Original cover with attachment(s) to:
Leslie MacNair, Regional Manager
California Department of Fish and Wildlife
3602 Inland Empire Boulevard, Suite C-220
Ontario, CA 91764
Telephone (909) 484-0523
Katrina.Banda@wildlife.ca.gov
and a copy to:
Habitat Conservation Planning Branch
California Department of Fish and Wildlife
Attention: CESA Permitting Program
Post Office Box 944209
Sacramento, CA 94244-2090
CESA wildlife.ca.gov
Unless Permittee is notified otherwise, CDFW's Regional Representative for purposes of
addressing issues that arise during implementation of this ITP is:
Kim Romich
3602 Inland Empire Blvd., Suite C-220
Ontario, CA 91764
Telephone (909) 980-3818
Kimberly.Romich@wildlife.ca.gov
Compliance with CEQA:
CDFW's issuance of this ITP is subject to CEQA. CDFW is a responsible agency pursuant to
CEQA with respect to this ITP because of prior environmental review of the Project by the
lead agency, City of Highland. (See generally Pub. Resources Code, §§ 21067, 21069.) The
Incidental Take Permit
No.2081-2019-029-06
CITY OF HIGHLAND
HIGHLAND/REDLANDS CONNECTOR PROJECT
Page 25
lead agency's prior environmental review of the Project is set forth in the Highland Redlands
Regional Connector Project Initial Study and Mitigated Negative Declaration (SCH No.:
2020019002) dated December 2019 that the City of Highland adopted for Highland/Redlands
Regional Connector Project on February 21, 2020. At the time the lead agency adopted the
Mitigated Negative Declaration and approved the Project it also adopted various mitigation
measures for the Covered Species as conditions of Project approval.
This ITP, along with CDFW's related CEQA findings, which are available as a separate
document, provide evidence of CDFW's consideration of the lead agency's Mitigated
Negative Declaration for the Project and the environmental effects related to issuance of this
ITP (CEQA Guidelines, § 15096, subd. (f )). CDFW finds that issuance of this ITP will not
result in any previously undisclosed potentially significant effects on the environment or a
substantial increase in the severity of any potentially significant environmental effects
previously disclosed by the lead agency. Furthermore, to the extent the potential for such
effects exists, CDFW finds adherence to and implementation of the Conditions of Project
Approval adopted by the lead agency, and that adherence to and implementation of the
Conditions of Approval imposed by CDFW through the issuance of this ITP, will avoid or
reduce to below a level of significance any such potential effects. CDFW consequently finds
that issuance of this ITP will not result in any significant, adverse impacts on the environment.
Findings Pursuant to CESA:
These findings are intended to document CDFW's compliance with the specific findings
requirements set forth in CESA and related regulations. (Fish & G. Code § 2081, subs. (b)-
(c); Cal. Code Regs., tit. 14, §§ 783.4, subds, (a)-(b), 783.5, subd. (c)(2).)
CDFW finds based on substantial evidence in the ITP application, Highland Redlands
Regional Connector Project Initial Study and Mitigated Negative Declaration, the results of
consultations, and the administrative record of proceedings, that issuance of this ITP
complies and is consistent with the criteria governing the issuance of ITPs pursuant to CESA:
(1) Take of Covered Species as defined in this ITP will be incidental to the otherwise
lawful activities covered under this ITP;
(2) Impacts of the taking on Covered Species will be minimized and fully mitigated through
the implementation of measures required by this ITP and as described in the MMRP.
Measures include: (1) permanent habitat protection; (2) establishment of avoidance
zones; (3) worker education; and (4) Quarterly Compliance Reports. CDFW evaluated
factors including an assessment of the importance of the habitat in the Project Area,
the extent to which the Covered Activities will impact the habitat, and CDFW's
estimate of the acreage required to provide for adequate compensation. Based on this
evaluation, CDFW determined that the protection and management in perpetuity of
Incidental Take Permit
No.2081-2019-029-06
CITY OF HIGHLAND
HIGHLAND/REDLANDS CONNECTOR PROJECT
Page 26
31.3 acres of compensatory habitat that is contiguous with other protected Covered
Species habitat and/or is of higher quality than the habitat being destroyed by the
Project, along with the minimization, monitoring, reporting, and funding requirements
of this ITP minimizes and fully mitigates the impacts of the taking caused by the
Project;
(3) The take avoidance and mitigation measures required pursuant to the conditions of
this ITP and its attachments are roughly proportional in extent to the impacts of the
taking authorized by this ITP;
(4) The measures required by this ITP maintain Permittee's objectives to the greatest
extent possible;
(5) All required measures are capable of successful implementation;
(6) This ITP is consistent with any regulations adopted pursuant to Fish and Game Code
sections 2112 and 2114;
(7) Permittee has ensured adequate funding to implement the measures required by this
ITP as well as for monitoring compliance with, and the effectiveness of, those
measures for the Project; and
(8) Issuance of this ITP will not jeopardize the continued existence of the Covered
Species based on the best scientific and other information reasonably available, and
this finding includes consideration of the species' capability to survive and reproduce,
and any adverse impacts of the taking on those abilities in light of (1) known
population trends; (2) known threats to the species; and (3) reasonably foreseeable
impacts on the species from other related projects and activities. Moreover, CDFW's
finding is based, in part, on CDFW's express authority to amend the terms and
conditions of this ITP without concurrence of the Permittee as necessary to avoid
jeopardy and as required by law.
Attachments:
FIGURE 1 Project Location
FIGURE 2 Project Area
FIGURE 3 Retention Cage and Burrow Design
FIGURE 4A, 4B San Bernardino Kangaroo Rat Long-Term Study Results
ATTACHMENT 1 Mitigation Monitoring and Reporting Program
ATTACHMENT 2A, 2B Habitat Management Lands Checklist; Proposed Lands for
Acquisition Form
ATTACHMENT 3 Letter of Credit Form
ATTACHMENT 4 Mitigation Payment Transmittal Form
Incidental Take Permit
No.2081-2019-029-06
CITY OF HIGHLAND
HIGHLAND/REDLANDS CONNECTOR PROJECT
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ISSUED BY THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
on
Leslie MacNair, Regional Manager
INLAND DESERTS REGION
ACKNOWLEDGMENT
The undersigned: (1) warrants that he or she is acting as a duly authorized representative of
the Permittee, (2) acknowledges receipt of this ITP, and (3) agrees on behalf of the Permittee
to comply with all terms and conditions
By: Date:
Printed Name: Title:
Incidental Take Permit
No.2081-2019-029-06
CITY OF HIGHLAND
HIGHLAND/REDLANDS CONNECTOR PROJECT
Page 28
Project:Lusail Footbridges
Comments Responses Log
Project Highland/Redlands Regional Connector Project City of Highland
Submittal:2081 Permit Application
Comments Cathie Vouchilas and Leslie MacNair,CDFW Date:April 7,2020
Responses Greg Hoisington and Colleen Martin,ICF Date:April 20,2020
Item No. Reference Comments and Responses
CDFW Comment 6,Cal.Code Regs.,tit.14,783.2,subd.(a)(6):Temporary and permanent
impacts for San Bernardino kangaroo rat and Santa Ana River woollystar are provided in the
ITP application,but there are no clear graphics detailing the specific impact areas.For
example,Figure 3,Sheets 1-8,depict the temporary and permanent impacts throughout the
project footprint,but do not delineate the areas within the project footprint to be covered by
the ITP.Please provide mapping and GIS shapefiles that identify the limits of disturbance,as
well as,all areas of suitable Santa Ana River woollystar and San Bernardino kangaroo rat
Comment: habitat that will be permanently and temporarily impacted by the project.
The ITP application identifies permanent impacts to 5.28 acres of San Bernardino kangaroo
habitat and 2.75 acres of Santa Ana River woollystar habitat,but offers mitigation based on
total impacts to 5.61 acres of habitat.In mapping and GIS shapefiles to be provided,please
detail the 0.33 acres excluded from the ITP impact analysis.
A layer illustrating the temporary and permanent impact areas that are to be covered by the
RP have been added to Figure 3.
1 Sections 5.1 GIS shapefiles of the project limits of disturbance,suitable Santa Ana River woollystar(SARW)
and 8;figure 3 habitat,suitable San Bernardino kangaroo rat(SBKR)habitat,permanent and temporary
impact areas,and areas that will be covered by the ITP have been provided.
There are not 0.33 acre that were excluded from the ITP impact analysis.Although it is true
that there are 5.28 acres of impacts that will occur on habitat that is suitable for SBKR and
2.75 acres of impacts on habitat that is suitable for SAR woollystar,many of these areas
overlap and are suitable for both species.As such,the impact acres for SBKR(5.28)and SARW
Response: (2.75)are not additive.For example,some impact areas are only suitable for SBKR,while other
areas are only suitable for SARW,while others still are suitable for both species.As is shown in
Table 2(Section 8)of the SBKR supplemental 2081 application,mitigation credits were
determined in a way to avoid double counting impacts on the same area.This was done by
layering all of the suitable habitat layers for both SBKR and SARW on top of each other,and
then overlaying that with the permanent impact layer to determine the overall area that will
be impacted and require mitigation.We have added a new figure to the application
illustrating how this was done(figure 5.Project Impact Areas Requiring Mitigation).The layer
titled"Permanent Impact Areas Requiring Mitigation"is the total 5.61 acres discussed in the
ITP application(Section 8)that requires mitigation.Shapefiles have also been provided to aid
in seeing how the resources overlap.
CDFW Comment 12,Cal.Code Regs.,tit.14,783.3,subds.(a)&(b):The application provides
conflicting information with regard to the CEQA lead agency.Section 12 of the ITP states,
"Subsection 783.3(a)does not apply here because CDFW is the lead agency and not the
responsible agency.Subsection 783.3(b)applies here because CDFW is the CEQA lead agency".
Later in this section,the application references a CEQA document prepared by Caltrans
stating,"An Initial Study/Mitigated Negative Declaration(Caltrans 2019c)has been completed
and supplies all of the information required by Title 14 CCR 783.3(b)."CDFW will act as a
responsible agency for purposes of issuing an IPT where another public agency(Caltrans or
Comment: City of Highland)must approve the project or activity for which the permit is sought and the
other agency has taken the lead agency role for purposes of compliance with CECA,Public
2 Section 12 Relations Code section 21000,et seq.Caltrans,being the entity that prepared a CEQA
document for the project,may be the appropriate lead agency to reference in this section of
the ITP application.Please review the ITP application,and revise this section to identify the
appropriate CEQA lead agency;the name,address,telephone number and contact person of
the lead agency;and the draft or final environmental document and notice of determination,
if available.
This change has been made.This section has been revised to identify the correct lead agency
Response: (the City of Highland)and responsible agency(CDFW)and to provide a contact person of the
lead agency.information for the NOD has been added as well.
Highland 2081 Comment Response Log_CDFW Comments_20Apr2020.x1s;CommiFrttslBnRatPMHbsnal 4/28/2020