ATTACHMENT A
PROPOSED AMENDED MITIGATION MEASURES AS ADOPTED
Mitigation Measure 3.2-1: Prior to issuance commencement of initial grading and/or building permits activities for any individual development project in the Specific Plan area, the project applicant, assisted by shall retain a qualified biologist, shall consult with the USFWS and CDFW to obtain conduct pre-construction surveys for the appropriate regulatory approvals and authorizations regarding presence of CTS and suitable habitat for CTS. The project applicant’s qualified biologist shall report the its conclusions reached through such consultation to the City’s Community Development Director. If either USFWS, CDFW, or If these surveys indicate the presence of suitable CTS habitat, impacts to this habitat shall be mitigated in a manner that results in no net loss of habitat value and functions (though not necessarily acreage), as determined by the City’s Community Development Director determines that an with input from the applicant’s qualified biologist and any other knowledgeable individual whose advice the Community Development Director seeks. This performance standard can be achieved through a combination of conservation, enhancement, restoration, or re-creation of habitat, either on-site, off-site, or a combination of both, or through the purchase of mitigation credits at a USFWS and/or CDFW-approved conservation bank, and must be satisfied prior to any grading within the impacted portion of the property. One means of achieving this “no net loss” performance standard is to demonstrate to the Community Development Director that a sufficient mitigation program has already been required by any approved incidental take permit is required, the project applicant shall obtain such a permit before engaging in any grading or other site-treatment activities in areas deemed to be viable CTS habitat authorization issued by the USFWS pursuant to the Endangered Species Act and/or by the CDFW pursuant to the California Endangered Species Act.
Mitigation Measure 3.2-2: Prior to issuance of grading and/or building permits, in order to avoid and minimize impacts to California tiger salamander, the proposed project activities The following actions shall be compliant with all Avoidance and Minimization Measures imposed by the USFWS and CDFW during Construction Activities. Examples of standard avoidance and minimization measures include: taken to minimize or avoid any adverse effects on suitable CTS habitat that may be identified through the pre-construction surveys required by Mitigation Measure 3.2-1: 1) conducting environmental education training for all construction personnel, 2) having a biologist with a scientific collecting permit for CTS to be responsible for overseeing any hand excavation of burrows using hand-trowels and spades per the regulatory agency protocols, 3) erecting drift fencing around the work areas if occurring during the migration/breeding season, 4) inspection of drift fencing by a biologist with a scientific collecting permit every 72 hours during the igration migration/breeding season, 5) installation of pit traps to capture CTS migrating during the rain events with a check twice daily (morning prior to construction start and evening after construction ends), 6) relocation of any CTS found immediately to a site designated by the USFWS and CDFW per protocol; and 7) post construction report.
Mitigation Measure 3.2-3: Prior to issuance commencement of initial grading and/or building permits activities for any individual development project in the Specific Plan area, the project applicant, assisted by shall retain a qualified biologist, shall consult with the USFWS and CDFW to obtain conduct pre-construction surveys for the appropriate regulatory approvals and authorizations regarding presence of CRLF and suitable habitat for CRLF. The project applicant’s qualified biologist shall report the its conclusions reached through such consultation to the City’s Community Development Director. If either USFWS, CDFW, or If these surveys indicate the presence of suitable CRLF habitat, impacts to this habitat shall be mitigated in a manner that results in no net loss of habitat values and functions (though not necessarily acreage), as determined by the City’s Community Development Director determines that an with input from the applicant’s qualified biologist and any other knowledgeable individual whose advice the Community Development Director seeks. This performance standard can be achieved through a combination of conservation, enhancement, restoration, or re-creation of habitat, either on-site, off-site, or a combination of both, or through the purchase of mitigation credits at a USFWS-approved conservation bank, and must be satisfied prior to any grading within the impacted portion of the property. One means of achieving this “no net loss” performance standard is to demonstrate to the Community Development Director that a sufficient mitigation program has already been required by any approved incidental take permit is required, the project applicant shall obtain such a permit before engaging in any grading or other site-treatment activities in areas deemed to be viable CRLF habitat authorization issued by the USFWS pursuant to the Endangered Species Act.
Mitigation Measure 3.2-4: PriorThe following actions shall be taken to issuance of grading and/or building permits, in order to avoid and minimize impacts to or avoid any adverse effects on suitable CRLF habitat that may be identified through the proposed project activities shall be compliant with all Avoidance and Minimization Measures imposed pre-construction surveys required by the USFWS and CDFW during Construction Activities. Examples of standard avoidance and minimization measures include: Mitigation Measure 3.2-3: 1) conducting environmental education training for all construction personnel, 2) having a biologist with a scientific collecting permit for CRLF to be responsible for overseeing any hand excavation of burrows using hand-trowels and spades per the regulatory agency protocols, 3) erecting drift fencing around the work areas if occurring during the migration/breeding season, 4) inspection of drift fencing by a biologist with a scientific collecting permit every 72 hours during the migration/breeding season, 5) installation of pit traps to capture CRLF migrating during the rain events with a check twice daily (morning prior to construction start and evening after construction ends), 6) relocation of any CRLF found immediately to a site designated by the USFWS and CDFW per protocol; and 7) post construction report.
Mitigation Measure 3.2-7: Prior to grading/building permit issuancePrior to the commencement of initial grading activities for any individual development project in the Specific Plan Area and in an area that would disturb the irrigation ditches and/or roadside ditches, the project applicant shall retain a qualified wetland consultant to evaluate whether such ditches may be subject to the regulatory authority of either the USACE, RWQCB, or CDFW. If the qualified wetland consultant determines that any or all of these agencies are likely to have regulatory authority over these ditches, then the project applicant shall obtain a jurisdictional determination from the USACE and CDFW appropriate agencies for the ditches that are proposed to be disturbed. If these regulatory agencies concur that these facilities are exempt, then no further mitigation is necessary. If it is determined that these facilities are not exempt, subject to any such regulatory authority, then no further mitigation is necessary. If it is determined that these facilities are subject to such regulatory authority and will be impacted, then authorization for fill from the regulatory agencies (for example, USACE-404 permit, RWQCB-401 certification, or 1600 Streambed Alteration Agreement) will be necessary and a permit shall be adhered to throughout the construction phase. At If such authorization is required, then at a minimum, the project applicant shall replace on a “no net loss” basis (minimum 1:1 ratio) the acreage and function of all wetlands and other waters that would be removed, lost, or degraded as a result of project implementation or operations, although a higher mitigation measure may be or as otherwise required by the USACE, RWQCB, and CDFW through their permitting processes. Wetland habitat shall be replaced at acreage and location agreeable to the USACE, RWQCB, and CDFW and as determined during the Section 401, 404, and 1600 permitting processes. Alternatively, if authorized pursuant to any such permitting processes, the applicant may satisfy these mitigation requirements by purchasing credits at an approved USACE, RWQCB, and/or CDFW mitigation bank, as applicable.