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June 26, 2025
Hardt Mason Law
Attention: Katharine Hardt-Mason
1145 Teresa Lane
Morgan Hill, CA 95037-3418
RE: Vista Lucia, Draft EIR/Mitigation Measures 7-2a and 7-2b Dear Katharine:
The purpose of this letter is to respond to those comments submitted by the California Department of Fish and Wildlife (CDFW) in its letter of April 8, 2024 (the “CDFW Letter”)1 regarding the biological resources section of the Vista Lucia Specific Plan Draft EIR (DEIR)2 as it relates to the California Tiger salamander (CTS), and the CDFW proposed CTS mitigation3. Rather than focus on the substantial evidence set forth in the DEIR related to the lack of CTS habitat and the presence of barred salamander within the project area, which are considered a threat to CTS4, the CDFW Letter focuses on the issue of whether hybrid CTS are protected by the California Endangered Species Act (Fish and Game Code Section 2050 et seq.) As a result, the CDFW proposed CTS mitigation fails to recognize the multi-step approach to CTS mitigation recommended by the United States Fish and Wildlife Service (USFWS)5
. For the reasons set forth above and below,
it is our recommendation that proposed Mitigation Measures 7-2a and 7-2b be amended as set forth herein.
Background:
Over the course of the past 22 years Live Oak Associates, Inc. (LOA), with the assistance of other researchers, has conducted biological studies of the Vista Lucia Specific plan area, and prepared a number of biological reports that have served as the basis for the biological resources section of the Vista Lucia Specific Plan DEIR. Of particular interest to the question of protecting the state and federally threatened CTS from a “take” resulting from development of the Vista Lucia project are the following documents, all of which are in the administrative record:
Biological Constraints Analysis, Assessor’s Parcel Numbers 223-031-024, 223-031-025, and 223- 031-027, Gonzales, California (Live Oak Associates, Inc. 2003)6; Fanoe Pond Tiger Salamander Genotyping (Johnson and Shaffer 2006)7; Assessment of the Salamanders on the Cielo Grande Ranch, Monterey County, California (PN 570-04) (Live Oak Associates 2010)8
;
Historical and Current Genetic Composition of Mole (Ambrystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey California (Live Oak Associates, Inc. 2019)9 ; and
Cielo Grande Salamander Genotyping Report (Shaffer 2019)10.
Exhibit L
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CTS Habitat versus Barred Tiger Salamander Habitat:
According to the DEIR, and as set forth below,
California tiger salamanders breed in temporary wetland pools, such as vernal pools, and other seasonal wetland bodies where ponded water is present for a minimum of three to four months, extending into the early spring. Such ponds and temporary wetlands provide necessary breeding and larval-stage habitat for the species. Adults spend most of the year in upland habitat, underground in the burrows of small mammals, such as the California ground squirrel and/or Botta’s pocket gopher, or within other suitable subterranean retreats11.
Unlike CTS, which as set forth above breed in temporary seasonal wetland bodies, and then move upland into underground burrows of small animals, barred tiger salamander (Ambysoma mavortium or Ambystoma tigrinum) (BTS) occupy a different functional niche in Salinas Valley due to effects of differences in body size and foraging habits on the food webs of native ecosystems. BTS originate in “perennial wetland habitats” and “sometimes do not fully metamorphose into terrestrial adults during their first spring/summer” resulting in staying in the wetland habitat for “one or more years.12” Barred tiger salamander exhibit tolerance of broader temperature ranges and water quality, which along with larger body size give them a competitive advantage over CTS in a wider variety of habitats and environmental conditions ranges13. Additionally, BTS have superior movement abilities and exhibit greater locomotion which may aid in the expansion of their range in California, which includes the project area.
Per the USFWS, “[o]ne of the primary threats to the California tiger salamander is hybridization with non-native salamanders in areas where the non-native salamanders were introduced and established viable populations (69FR 47212).
14” Due to the foregoing, the USFWS deems the introduction of BTS and its hybridization with native salamanders as the primary threat to the recovery of CTS in the Central Coast Range, and recommends management of these populations, including removal of the invasive BTS populations15.
Analysis of Vista Lucia Project Site as Suitable Habitat:
The earliest study of the project site by LOA occurred in 200316. At that time it was noted that possible habitat for the CTS might be found within the project area, but that managed agricultural lands, such as that observed would “provide relatively low habitat value for wildlife” and that “annual management practices for the agricultural lands would eliminate breeding and foraging habitat for many small mammals native to the region.17” As a result, the study concluded that “suitable breeding and estivation habitat does not occur on site”, and “due to the somewhat limited habitat available and the site’s isolation from other CTS populations, if a population of CTS were located on the site and should suffer local extinction, there is no nearby population of CTS that could recolonize this pond.18” This initial assessment pre-dated the federal listing of the Central Coast Distinct Population segment of the CTS on August 4, 2004. The applicant subsequently contracted with the Shaffer Lab from U.C.
Davis to determine if the agricultural ponds on the project site supported the native or non-native tiger salamander19. Shaffer’s group collected tail tips from 84 salamanders from four ponds on the project site20. The genetic analysis (the Shaffer Report) determined that the salamanders on site were the nonnative tiger salamander21 species with some small amount of native material22.
Subsequently, based on the Shaffer Report, the USFWS provided the applicant a letter in June 2007, stating that none of the individual salamanders present at Cielo Grande Ranch (aka Vista Lucia) were 3 | Page
the federally threatened native CTS23. Per the USFWS, “[h]ybridization between California tiger salamander and non-native tiger salamanders result in introgression” which “may result in a population with fundamentally altered ecological function (Ellstrand and Schierenbeck 2000)24.” As stated above, the change in the ecological function allows the barred tiger salamander to survive in a wider range of habitats, including the project site, while the site is devoid of habitat for CTS.
Following the listing of the CTS as threatened under the California Endangered Species Act in August 2010, and in furtherance of the consultation with CDFW which was initiated by the applicant in 201025 and included a site visit by CDFW in September that year26, LOA sent a letter, dated November 8, 2010, to CDFW containing a Site Assessment of the project site consistent with the requirements of the Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander (USFWS 2003)27. In that correspondence, LOA concluded that,
…current land use practices are totally unsuitable for native CTS (emphasis added). Besides the biannual crop rotation of lettuce, broccoli, cabbage, cauliflower, and peas (which means that the entire area on the project site and most of the immediate surrounding area is intensively farmed year around), we found extensive use of rodenticides, herbicides, and fertilizers on the property. For example, we counted 75 rodent bait traps in the drainage along the western edge of the property (near Pond #2) alone. The only rodent burrows on the property can be found immediately next to the edge of the ponds and in drainage ditches where they are not plowed. However, even these are destroyed on an annual or biannual basis according to the attached farming regime document28.
A similar conclusion was reached by LOA in 2019 in their report summarizing the results of the genetic sampling of the salamander located within the project site which was done by Dr. Brad Schaffer. In this report, LOA concluded that “[t]he habitats and land uses of the Vista Lucia site and adjacent lands are generally incompatible with CTS life history strategies, greatly favoring BTS [barred tiger salamander].
29” LOA reached this conclusion based on aerial imagery showing that “these ponds are likely almost always inundated,
30” which indicates potential habitat for BTS, but
precludes use of the site by CTS which require temporary pooled areas. Rather than being habitat for CTS, the “Vista Lucia site may function as a genetic and physical sink for CTS31” whose “genes would be lost to the BTS hybrid swarm,32” as “[h]ybrid salamanders are known to canabalize CTS (Ryan et al. 2009).33” In summary, LOA concluded that “Any CTS in the region would be challenged to occur in the agricultural areas due to the perennial inundation of ponds, the lack of suitable aestivation habitat, and the prevalence of non-native BTS.34”
The foregoing conclusion reached in 2019, the lack of CTS habitat, was confirmed in April of 2024, by Mr. Dave Hartesveldt of LOA who, at the request of applicant, surveyed the project area. In correspondence to the project applicant, which was subsequently verbally communicated to the City, Mr. Hartesveldt wrote “the Gonzales site is, in its entirety, intensely farmed, and I observed no habitats suitable for listed plant and animal species.”
In summary, presently the Vista Lucia project site does not provide suitable habitat for CTS; documentation of which is set forth in the administrative record. Because habitat is the foundation to determining species presence, the mitigation should focus on whether at the time development occurs there is habitat which would support a CTS population within the area being developed. As set forth in Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander (USFWS 2003), the first step in determining whether a 4 | Page
“take permit” is required is to perform a three step site assessment, following which biological field surveys may be necessary35. With this in mind, it is our recommendation that the City consider revising the proposed mitigation measures.
Mitigation Measures 7-2a and 7-2b:
The mitigation measures set forth in the FEIR focus on the requests of CDFW for further review of the issue. While this is an approach that satisfies CDFW’s comments and requests, we recommend that the mitigation measures be clarified to focus on protection of the CTS, starting with a determination of whether there is suitable habitat for the CTS. Per the DEIR, “[p]otential impacts to the state and federally listed threatened California tiger salamander have been thorough investigated,” and “California tiger salamander is not present on the site.36” Only if the plan area habitat were to change presenting conditions which support a breeding CTS population is it appropriate to further investigate the presence or absence of CTS. With the foregoing in mind, we propose clarifying Mitigation Measures 7-2(a) and 7-2(b) to read as follows:
7-2a Prior to approval of any tentative map, a qualified biologist shall conduct a habitat survey to determine whether there is suitable habitat for California tiger salamander within the tentative map area. The biologist shall then prepare a brief report documenting the results of the survey. If the habitat survey concludes that there is no suitable habitat, then no mitigation would be required.
If the habitat survey concludes that there is suitable habitat for California tiger salamander within the tentative map area, the biologist shall conduct protocol surveys following the Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander (USFWS 2003) to determine whether there are California tiger salamander within the tentative map area.
Compliance with this measure shall be documented and submitted to the City of Gonzales Planning Department prior to approval of a grading permit for any area within the tentative map area.
7-2b If protocol surveys performed pursuant to 7-2a determine that California tiger salamander are present, the applicant shall seek Incidental Take Authorization pursuant to Fish and Game Code Section 2081(b) prior to ground disturbance.
Measures to avoid and/or minimize direct take and to fully mitigate impacts of the take shall be implemented per conditions of the Incidental Take Permit.
The administrative record, as outlined above, demonstrates a lack of CTS habitat and CTS within the project area. The proposed mitigation measures set forth above recognize the information set forth in the administrative record, as well as CDFW’s concern with protecting CTS, by using the USFWS guidance on determining whether there is CTS habitat first, and then proceeding with protocol surveys if there is CTS habitat. There is no need for additional consultation with CDFW if there is no suitable habitat, but consultation with CDFW, as part of the Incidental Take Authorization process, will take place if protocol surveys determine that CTS are within the area proposed for development. 5 | Page
Please let me know if you need any additional information or have any questions regarding our recommendations to the City regarding clarifying the mitigation measures as set forth above. As always, I am available to answer any questions or concerns you may have with regard to the foregoing.
Sincerely,
Rick Hopkins, Ph.D.
President/Senior Conservation Biologist
1 FEIR, pages 2-56 through 2-63. 2 DEIR, pages 7-1 through 7-38. 3 FEIR, pages 2-59 and 2-60. 4 DEIR Appendix C Biological Resource Reports and Regulatory Agency Letters/ Letter from the United States Department of the Interior, dated June 15, 2007, Subject: Regulatory Status of the Tiger Salamander Population at Cielo Grande Ranch (Assessor’s Parcel Numbers 014-030-029 through 014-020-0332, 014-030-034 through 014-030-039; and 014-030-056) in Gonzales, Monterey County, California (U.S. Fish and Wildlife Service [USFWS] 2007), page 2. 5 Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander (USFWS 2003). 6 DEIR Appendix C Biological Resource Reports and Regulatory Agency Letters/ Biological Constraints Analysis, Assessor’s Parcel Numbers 223-031-024, 223-031-025, and 223-021-027, Gonzales, California (Live Oak Associates, Inc. 2003). 7 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), see Appendix A: Dr Brad Shaffer’s Fanoe Pond Tiger Salamander Genotyping Report (2006)/Fanoe Pond Salamander Genotyping (Johnson and Shaffer 2006). 8 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), see Appendix C: Site Assessment and Data on Site (2010)/Assessment of the Salamanders on the Cielo Grande Ranch, Monterey County, California (PN 570-04) (Live Oak Associates 2010). 9 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019). 10 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), see Appendix E: UCLA’s Cielo Grande Salamander Genotyping Report (2019)/Cielo Grande Salamander Genotyping Report (Shaffer 2019). 11 DEIR, page 7-28. 12 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), page 4. 13 Id. 14 DEIR Appendix C Biological Resource Reports and Regulatory Agency Letters/ Letter from the United States Department of the Interior, dated June 15, 2007, Subject: Regulatory Status of the Tiger Salamander Population at Cielo Grande Ranch (Assessor’s Parcel Numbers 014-030-029 through 014-020-0332, 014-030-034 through 014-030-039; and 014-030-056) in Gonzales, Monterey County, California (U.S. Fish and Wildlife Service [USFWS] 2007), page 2. 15 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), page 2. 16 DEIR Appendix C Biological Resource Reports and Regulatory Agency Letters/ Biological Constraints Analysis, Assessor’s Parcel Numbers 223-031-024, 223-031-025, and 223-021-027, Gonzales, California (Live Oak Associates, Inc. 2003). 17 DEIR Appendix C Biological Resource Reports and Regulatory Agency Letters/ Biological Constraints Analysis, Assessor’s Parcel Numbers 223-031-024, 223-031-025, and 223-021-027, Gonzales, California (Live Oak Associates, Inc. 2003), page 8.
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18 Id., page 26. 19 DEIR, page 7-28, and FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), see Appendix A: Dr Brad Shaffer’s Fanoe Pond Tiger Salamander Genotyping Report (2006)/Fanoe Pond Tiger Salamander Genotyping (Johnson and Shaffer 2006). 20 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), see Appendix A: Dr Brad Shaffer’s Fanoe Pond Tiger Salamander Genotyping Report (2006)/Fanoe Pond Tiger Salamander Genotyping (Johnson and Shaffer 2006). 21 The term “exotic” was initially used interchangeably with the term “hybrid;” the meaning, however, is the same. 22 DEIR, page 7-28, and FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), see Appendix A: Dr Brad Shaffer’s Fanoe Pond Tiger Salamander Genotyping Report (2006)/Fanoe Pond Tiger Salamander Genotyping (Johnson and Shaffer 2006) 23 DEIR, page 7-28, and DEIR Appendix C Biological Resource Reports and Regulatory Agency Letters/Letter from the United States Department of the Interior, dated June 15, 2007, Subject: Regulatory Status of the Tiger Salamander Population at Cielo Grande Ranch (Assessor’s Parcel Numbers 014-030-029 through 014-020-0332, 014-030-034 through 014-030-039; and 014-030-056) in Gonzales, Monterey County, California (U.S. Fish and Wildlife Service [USFWS] 2007), page 3. 24 DEIR Appendix C Biological Resource Reports and Regulatory Agency Letters/ Letter from the United States Department of the Interior, dated June 15, 2007, Subject: Regulatory Status of the Tiger Salamander Population at Cielo Grande Ranch (Assessor’s Parcel Numbers 014-030-029 through 014-020-0332, 014-030-034 through 014-030-039; and 014-030-056) in Gonzales, Monterey County, California (U.S. Fish and Wildlife Service [USFWS] 2007), page 2. 25 DEIR Appendix C Biological Resource Reports and Regulatory Agency Letters, Vista Lucia Annexation- Peer Review of Biological Resource Documents (EMC Planning Group 2020) page 4. Additional documentation related to consultation with CDFW is available upon request.
26 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), page 5. 27 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), see Appendix C: Site Assessment and Data on Site (2010)/Assessment of the Salamanders on the Cielo Grande Ranch, Monterey County, California (PN 570-04) (Live Oak Associates 2010). 28 Id., page 3. 29 FEIR Appendix B California Tiger Salamander Genetic Testing Report/Historical and Current Genetic Composition of Mole (Ambystoma) Salamanders at Vista Lucia, City of Gonzales, Monterey County, California (Live Oak Associates 2019), page 11. 30 Id. 31 Id. 32 Id. 33 Id. 34 Id. 35 Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander (USFWS 2003), page 3. 36 DEIR, page 7-28 and 7-29.