Attachment B - Resolution No. 24-008 — Victorville City Council, February 20, 2024 (part 2 of 2)

need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the project proponent may seek related take authorization as provided by the Fish and Game Code.

PROJECT DESCRIPTION SUMMARY
Proponent: City of Victorville-Wide Environmental maintenance Permits for Ephemeral Washes Project
Objective: The objective of the Project is for the City of Victorville to implement a City of Victorville-wide routine maintenance program for 127 City of Victorville-owned flood control facilities and detention basins maintained by the City of Victorville Public Works Department. The project would involve maintenance activities including vegetation removal or thinning, sediment, debris, and trash removal, bank stabilization, and in- channel erosion repair at various City of Victorville-owned properties, public right-of- way, and within dedicated easements.

Location: The City of Victorville and its sphere of influence consist of 74.16 square miles. Surrounding cities include Apple Valley to the east, Hesperia to the south, and Adelanto to the west. Interstate 15 (I-15), a major regional freeway, traverses the City of Victorville in a northeast-southwest orientation, while U.S. Route 395 (US395) traverses the City of Victorville’s western portion in a north-south orientation. The project includes routine maintenance of a total of 127 storm water conveyance and detention facilities owned and operated by the City of Victorville, which are distributed throughout the City of Victorville limits.

COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City of Victorville in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources.

Editorial comments or other suggestions may also be included to improve the document. Based on the Project's avoidance of significant impacts on biological resources with implementation of mitigation measures, including those CDFW recommends in Attachment A.

COMMENT #1: Special-Status Plant Species
Section #4.4, Page #4.4-2
DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Issue: The project concluded that two special-status plants including sagebrush loeflingia (Loeflingia squarrosa var. artemisiarum) and Beaver Dam breadroot (Pediomelum castoreum) had a moderate potential to be present. It also determined that pinyon rockcress (Boechera dispar), white pygmy-poppy (Canbya candida), Mojave spineflower (Chorizanthe spinosa), desert cymopterus (Cymopterus deserticola), Mojave monkeyflower (Diplacus mohavensis), Torrey’s box-thorn (Lycium torreyi), solitary blazing star (Mentzelia eremophila), crowned muilla (Muilla coronata), short-joint beavertail (Opuntia basilaris var. brachyclada), Latimer’s woodland-gilia (Saltugilia latimeri), and Mojave fish-hook cactus (Sclerocactus polyancistrus) all have a low potential to be present. Several of these species have a California Rare Plant Rank of 1B or 2B and any potential impacts require public disclosure of such impacts. The determinations of special-status plants potential to occur were made based on habitat assessments that were conducted between March 19 and November 12, 2020, and protocol-level botanical surveys were not conducted. Several of the surveys were outside of the flowering season for the target species and it appears that surveys according to CDFW 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018) where not conducted.

If sensitive species and/or their habitat may be impacted from the Project, CDFW recommends the inclusion of specific mitigation in the IS/MND. CEQA Guidelines section 15126.4, subdivision (a)(1)(8) states that formulation of feasible mitigation measures should not be deferred until some future date. The Court of Appeal in San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645 struck down mitigation measures which required formulating management plans developed in consultation with State and Federal wildlife agencies after Project approval. Courts have also repeatedly not supported conclusions that impacts are mitigable when essential studies, and therefore impact assessments, are incomplete (Sundstrom v. County of Mendocino (1988) 202 Cal. App. 3d. 296; Gentry v. City of Murrieta (1995) 36 Cal. App. 4th 1359; Endangered Habitat League, Inc. v. County of Orange (2005) 131 Cal. App. 4th 777).

Specific impact: The project has the likely hood of project related impacts to special status plant species due to infrastructure maintenance, vegetation management, sediment and debris removal, bank stabilization and channel repair.

Why impact would occur: The Project has the potential to impact several special- status plants and it is unclear why protocol surveys were not completed to determine and support the analysis within the IS/MND.

Evidence impact would be significant: The Biological Resources Analysis indicates that there is potential for the project to impact special status plant species. Plants constituting California Rare Plant Ranks 1A, 1B, 2A, and 2B generally meet the criteria of a CESA-listed species and should be considered as an endangered, rare or threatened species for the purposes of CEQA analysis. Likewise, CDFW considers DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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State listed communities to be imperiled habitats having both local and regional significance. Plant communities, alliances, and associations with a statewide ranking of S1, S2, and S3 should be considered sensitive and declining at the local and regional level. These ranks can be obtained by querying the CNDDB and are included in the Manual of California Vegetation and California Native Plant Society (cnps.org) (CNPS 2023)
Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measures for Biological Resources:

Mitigation Measure Biological Resources 5 (MM BIO-5):

Pre-construction rare plant clearance survey: Prior to Project implementation, and during the appropriate season, a qualified biologist shall conduct botanical field surveys within the Project area following protocols set forth in the California Department of Fish and Wildlife’s (CDFW) 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). The surveys shall be conducted by a CDFW approved botanist(s) experienced in conducting floristic botanical field surveys, knowledgeable of plant taxonomy and plant community ecology and classification, familiar with the plants of the area, including special-status and locally significant plants, and familiar with the appropriate state and federal statutes related to plants and plant collecting. The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special-status plants and sensitive natural communities that may be present. Botanical field surveys shall be conducted floristic in nature, meaning that every plant taxon that occurs in the project area is identified to the taxonomic level necessary to determine rarity and listing status. If any special-status plants are identified, the Project Applicant shall avoid the plant(s), with an appropriate buffer (i.e., fencing or flagging).

Mitigation Measure Biological Resources 6 (MM BIO 6):

If complete avoidance of a special status plant is not feasible, the Project Applicant shall mitigate the loss of the plant(s) through off-site compensation including: 1) permanent protection of an existing off-site native population; 2) permanent protection of an off-site introduced population; 3) a combination of 1) and 2); or 4) mitigation banking. The ratio of acquisition to loss must in most cases exceed 1:1 for any species. The ratio should be higher for rarer species, particularly for those that occupy irreplaceable habitats.

Comment #2 Booth’s evening-primrose (Eremothera boothii ssp. boothii) Section: Appendix B Biological Resources Analysis, Table E-1, Page 353 DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Issue: Table E-1 notes that Booth’s evening-primrose (Eremothera boothii ssp. boothii) is not expected to occur within the project site. Specifically, the table indicates that the survey areas are outside of the known elevation range for this species. CDFW believes that this determination of the potential to occur is a mistake and the author has switched the species elevational range from meters to feet. This species is known from within the City of Victorville, does have potential to be present, and project impacts should be addressed within the IS/MND.

Additionally, the Biological Resources Analysis identified that Eremothera boothii was present within the survey area, however failed to acknowledge the further identification of the subspecies as required by the CDFW 2018 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities which states that the report must include “a list of all plant taxa occurring in the project area, with all taxa identified to the taxonomic level necessary to determine whether or not they are a special status”.

Specific Impact: Booth’s evening primrose is a California Rare Plant Rank of 2B.3 and occurs at elevations of 2675 - 7875 feet. The project has the potential for impacts due to activities included in the project description including infrastructure maintenance, vegetation management, sediment and debris removal, bank stabilization and channel repair.

Why impact would occur: According to the CNDDB and INaturalist, there are several occurrences of Booth’s evening primrose throughout the City of Victorville, the project site is within the elevational range of the species, and Eremothera boothii was observed within the project site.

Evidence impact would be significant: All of the plants constituting California Rare Plant Rank 2B meet the definitions of the California Endangered Species Act of the California Fish and Game Code, and are eligible for state listing. Impacts to these species or their habitat must be analyzed during preparation of environmental documents relating to CEQA, or those considered to be functionally equivalent to CEQA, as they meet the definition of Rare or Endangered under CEQA Guidelines §15125 (c) and/or §15380.

Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measure for Biological Resources:

Mitigation Measure Biological Resources 5 (MM BIO-5):

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City of Victorville
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Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). The surveys shall be conducted by a CDFW approved botanist(s) experienced in conducting floristic botanical field surveys, knowledgeable of plant taxonomy and plant community ecology and classification, familiar with the plants of the area, including special-status and locally significant plants, and familiar with the appropriate state and federal statutes related to plants and plant collecting. The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special-status plants and sensitive natural communities that may be present. Botanical field surveys shall be conducted floristic in nature, meaning that every plant taxon that occurs in the project area is identified to the taxonomic level necessary to determine rarity and listing status. If any special-status plants are identified, the Project Applicant shall avoid the plant(s), with an appropriate buffer (i.e., fencing or flagging).

Mitigation Measure Biological Resources 6 (MM BIO 6):

COMMENT #3: Western Joshua tree (Yucca brevifolia)
Section #4.4, Page #4.4-10
Issue: The project may have impacts to western Joshua tree (WJT), a California Endangered Species Act, candidate for threatened species. The IS/MND only indicates that Chapter 13.33 of the City of Victorville Municipal Code protects WJT and that written consent from the Director of Parks and Recreation would be required prior to removal or pruning any WJTs on site.

Specific impact: The pruning and or removal of WJT is considered to be take according to the California Endangered Species Act (CESA). Take of WJT is defined as any activity that results in the removal of WJT or any parts thereof and may include impacts to the seedbank surrounding one or more WJT (CDFW 2023).

Why impact would occur: The Project has the potential for take of WJT individuals and associated seedbank through the removal of individuals and roots; clearing vegetation; general operation of vehicles and heavy equipment; grading; staging equipment and stockpiling. Incidental take of WJT individuals in the form of mortality DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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(“kill”) may occur as a result of removing mature and emergent individuals; relocating individuals; eliminating and modifying habitat; removing seedbank and crushing and/or burying living seeds in the soil, rendering living seeds inviable and/or causing them to be killed.

Evidence impact would be significant:

WJT is a candidate threatened species under CESA. Under CESA, species classified as a candidate species are afforded the same protection as CESA-listed species. Take of any CESA-listed species is prohibited except as authorized by state law (Fish and Game Code, §§ 2080 & 2085). Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill”.

Further, at the time of this writing, the California state legislature has enacted the Western Joshua Tree Conservation Act (WJTCA) which aims to provide protection of WJT while removing some of the barriers faced by developers when working on or adjacent to sites where the species is present. For more information on the WJTCA, please visit the CDFW Western Joshua Tree Conservation Efforts and Permitting website.

The western Joshua tree is a candidate threatened species under the California Endangered Species Act. Prior to the initiation of western Joshua tree removal, relocation, replanting, trimming or pruning or any activity that may result in take of WJT on site, the Project Proponent should obtain California Endangered Species Act (CESA) Incidental Take Permit (ITP) under Section 2081 of the CESA, or any other appropriate take authorization under CESA or under the Western Joshua Tree Conservation Act (WJTCA) of Fish and Game Code (§§ 1927- 1927.12). California Fish and Game Code section 86 defines “take” as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”.

Take of any CESA-listed species is prohibited except as authorized by state law (Fish and Game Code, §§ 2080 & 2085 and §§ 1927- 1927.12). To execute a CESA ITP or WJTCA ITP, CDFW requires documentation of CEQA compliance. CDFW requires CEQA documentation to include proof of filing fees and State Clearinghouse circulation, including assignment of a State Clearinghouse number. The Project Applicant will adhere to measures and conditions set forth within the Incidental Take Permit.

COMMENT #4 Sensitive Vegetation Communities:

Section #4.4, Pages #4.4-1 through 4.4 of the IS/MND and Appendix B Biological Resources Analysis
DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Issue: Specifically, Page 4.4-8, of the IS/MND makes the determination on Question B of the IS Checklist there are several sensitive natural communities present within the project site including, Nevada joint fir, Anderson’s boxthorn, spiny hop sage scrub, winter fat scrubland, and arroyo willow thickets cottonwood forest and woodland.

Additionally, both the IS/MND and Appendix B Biological Resources Analysis indicate that there are riparian vegetation communities within several flood control facilities within the Project site. CDFW is concerned that the proposed mitigation measure MM BIO-1 which requires focused rare plant surveys be conducted prior to the start of maintenance activities, do not address these impacts, and is inadequate and better suited for impacts to individual plant species. Additionally, surveys to identify presence do not provide any avoidance, minimization or mitigation for the projects impacts.

The types of mitigation for environmental impacts that are listed in CEQA (Section 15370) are:(a) Avoiding the impact altogether by not taking a certain action.(b) Minimizing impacts by limiting the degree or magnitude of the action.(c) Rectifying the impact by repairing, rehabilitating or restoring the impacted environment.(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the project.(e) Compensating for the impact by replacing or providing substitute resources or environments.

Specific impact: Project related impacts to sensitive natural communities including riparian vegetation by routine maintenance can be considered to be a substantial adverse impact. Repeated vegetation removal, by mechanical equipment or by hand can remove and kill the vegetation, damage and kill roots and destroy the seed bank.

Riparian habitats are considered to be sensitive and can be occupied by several sensitive species, including southwestern willow flycatcher (Empidonax traillii extimus), least Bell’s vireo (Vireo bellii pusillus), yellow warbler (Setophaga petechia), yellow breasted chat (Icteria virens), and western yellow-billed cuckoo (Coccyzus americanus occidentalis).

Why impact would occur: The Biological Resources Analysis identifies the presence of several sensitive natural communities including riparian habitat to occur on-site in association with multiple flood control facilities. Additionally, Table 4.4-1 shows there is

80.16 acres of Lake or Streambed/Riparian Vegetation within the project area.

Evidence impact would be significant: CDFW considers State listed communities to be imperiled habitats having both local and regional significance. Plant communities, alliances, and associations with a statewide ranking of S1, S2, and S3 should be considered sensitive and declining at the local and regional level. These ranks can be obtained by querying the CNDDB and are included in the Manual of California Vegetation and California Native Plant Society (cnps.org) (CNPS 2023) Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measure Biological Resources DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Mitigation Measure Biological Resources 8 (MM BIO 8):

If complete avoidance of a special status vegetation community is not feasible, the Project Applicant shall mitigate the loss of the vegetation community through the purchase of mitigation credits from a CDFW-approved bank and/or land acquisition. The ratio of acquisition to loss must in most cases exceed 1:1 for any vegetation community. The ratio should be higher for rarer communities, particularly for those that occupy irreplaceable habitats.

COMMENT #5 Burrowing Owl (Athene cunicularia)
Section 4.4 and 5 #, Pages #4.4-3 through 4.4-7
Issue: The IS/MND indicates that burrowing owl have a high potential to occur throughout the project site and at many of the individual survey areas. Additionally, the IS/MND determines that with the implementation of Mitigation Measure BIO-3, impacts to burrowing owl would be less than significant. CDFW is concerned with the adequacy of Mitigation Measure BIO-3.

Specific concerns include:

1. MM BIO-3 states, “Sites where surveys shall be conducted are listed in Appendix B of the Habitat Assessment; refer to Appendix B, Biological Resources Analysis.” However, Appendix B does not identify which facilities would be surveyed for. Additionally, the Habitat Assessment does appear to follow the current guidelines for a burrowing owl habitat assessment or survey (2012 Staff Report on Burrowing Owl Mitigation).

2. Mitigation Measure BIO-3 also states, “If an occupied burrow is found within the project site during pre-construction clearance surveys, a BUOW exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating project activities.” CDFW is concerned regarding the IS/MND deferment of impact analysis and mitigation. As noted above, if sensitive species and/or their habitat may be impacted from the Project, CDFW recommends the inclusion of specific mitigation in the IS/MND. CEQA Guidelines section 15126.4, subdivision (a)(1)(8) states that formulation of feasible mitigation measures should not be deferred until some future date. The Court of Appeal in San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645 struck down mitigation measures which required formulating management plans developed in consultation with State and Federal wildlife agencies after Project approval. Courts have also repeatedly not supported conclusions that impacts are mitigable when essential studies, and therefore impact assessments, are incomplete (Sundstrom v. County of Mendocino (1988) 202 Cal. App. 3d. 296; Gentry v. City of Murrieta (1995) 36 Cal. App. 4th 1359; Endangered Habitat League, Inc. v. County of Orange (2005) 131 Cal. App. 4th 777).

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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Specific impact: Potential take of burrowing owl and loss of burrowing owl habitat.

Why impact would occur: Burrowing owls are well-adapted to open, relatively flat expanses and vacant lots and prefer habitats with generally short sparse vegetation with few shrubs such as those occurring on the sites identified for future development.

CDFW is aware of active burrows and burrowing owl observations (CNDDB) occurring within the Project area. Maintenance of ephemeral streambeds would require ground disturbance (e.g., trenching, grading, soil compaction, burrow loss, and earth-moving activities) and vegetation removal. These activities create elevated levels of noise, human activity, dust, ground vibrations, and vegetation disturbance.

Evidence impact would be significant: Habitat loss is a threat to burrowing owls (CDFG, 2012). Burrowing owls are dependent on burrows at all times of the year for survival and/or reproduction, evicting them from nesting, roosting, satellite burrows may lead to indirect impacts or take. Loss of access to burrows will likely result in varying levels of increased stress on burrowing owls and could depress reproduction, increase predation, increase energetic costs, and introduce risks posed by having to find and compete for available burrows (CDFG, 2012). Burrowing owl are also dependent on adjacent habitat, and forage within 600 meters of nest burrows (Rosenberg and Haley, 2004). Burrowing owl is a CDFW Species of Special Concern – The California Biologist's Handbook (biologistshandbook.com). CEQA provides protection not only for CESA-listed species, but for any species including but not limited to Species of Special Concern (SSC) which can be shown to meet the criteria for State listing. Burrowing owl is a species of special concern that meets the CEQA definition of rare, threatened, or endangered species (CEQA Guidelines, § 15380). Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5 and 3513. Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill.” Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measure Biological Resources Mitigation Measure Biological Resources 9 (MM BIO-9):

Prior to any ground disturbance, a survey for potential burrows followed by four breeding season surveys of areas found to have potential for burrowing owl occupation must be conducted in accordance with the Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game, May 7, 2012. The surveys shall include 100 percent coverage of the Project site. A report summarizing the breeding season survey including all requirements for survey reports (page 30 of the 2012 Staff Report) shall be submitted to CDFW for review and approval.

If no burrowing owl, active burrowing owl burrows, or sign thereof are found, no further action is necessary.

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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If burrowing owl, active burrowing owl burrows, or sign thereof are found the qualified biologist shall prepare and implement a plan for avoidance, minimization, and mitigation measures to be review and approved by CDFW prior to commencing Project activities. The plan shall include mitigation for permanent loss of occupied burrow(s) and habitat. The mitigation lands may require habitat enhancements including enhancement or expansion of burrows for breeding, shelter and dispersal opportunity, and removal or control of population stressors.

Permanent protection of mitigation land through a conservation easement deeded to a nonprofit conservation organization or public agency with a conservation mission, development and implementation of a mitigation land management plan to address long-term ecological sustainability and maintenance of the site for burrowing owls, and funding for the maintenance and management of mitigation land through the establishment of a long-term funding mechanism such as an endowment. The ratio of acquisition to loss must in most cases exceed 1:1 for any species, particularly burrowing owl. The ratio should be higher for rarer species, particularly for those that occupy irreplaceable habitats.

Mitigation Measure Biological Resources 10 (MM-BIO 10):

To ensure that the Project avoids impacts to burrowing owl, a qualified biologist shall complete a take avoidance survey no less than 14 days prior to initiating ground disturbance activities using the recommended methods described in the 2012 Staff Report. Burrowing owls may re-colonize a site after only a few days.

Time lapses between Project activities trigger subsequent take avoidance surveys including but not limited to a final survey conducted within 24 hours prior to ground disturbance.

COMMENT #6: Desert kit fox (Vulpes macrotis)
Section # 3.2.3, Page # 11 of the IS/MND and the Biological Resources Analysis Issue: The Project occurs within the range of desert kit fox (Vulpes macrotis), a protected species pursuant to Title 14 of the California Code of Regulations Section 460, which prohibits the take of the species at any time. CDFW recommends surveys, following CDFW-approved protocols, be conducted over all areas proposed to be directly or indirectly affected by the Project to determine presence/absence.

Specific impact: The staging of construction equipment, vehicles, and foot traffic may result in the collapse of occupied burrows and result in direct mortality and/or injury to desert kit fox. Project construction and activities may result in injury or mortality of desert kit fox.

Why impact would occur: The IS/MND states that the site is suitable for desert kit fox, however, lacks the supporting detail for the habitat assessment. CDFW generally considers field assessments for wildlife to be valid for a one-year period, CDFW is DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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concerned that the IS/MND does not address desert kit fox, although the site does contain suitable habitat.

Evidence impact would be significant: The desert kit fox is a species of special concern and is protected from take by CDFW Code 14 CCR section 460. CEQA provides protection not only for CESA-listed species, but for any species including but not limited to SSC which can be shown to meet the criteria for State listing. Desert kit fox is an SSC that meets the CEQA definition of rare, threatened, or endangered species (CEQA Guidelines, § 15380).

Recommended potentially feasible mitigation measure(s) to reduce impacts to less than significant: CDFW recommends that surveys following CDFW protocols be conducted over all areas proposed to be directly or indirectly affected by the Project to determine the presence or absence of this species and the number of desert kit fox that are present.

If desert kit fox is found, or have the potential to occupy the Project site, CDFW recommends the lead agency require species-specific mitigation to offset impacts and avoidance, minimization, and monitoring measures aimed at avoiding direct impacts to desert kit fox be incorporated into the IS/MND. Avoidance and minimization measures should include pre-activity surveys following CDFW-approved survey methods, including procedures used to classify identified dens as inactive dens, active and potentially active dens, and active natal dens, and methods utilized to quantify and locate single or paired animals that would need to be collapsed to prevent re- occupancy. The measures should also include detailed monitoring requirements and methods of exclusion/passive relocation to be conducted, and methods and timing of den excavation.

CDFW recommends the following Mitigation Measure be added to the IS/MND:

Mitigation Measure Biological Resources 11 (MM BIO-11):

No more than fourteen (14) days and no less than three (3) days prior to the beginning of surface disturbance, the Designated Biologist shall conduct a pre- Project 10-meter transect survey (or reduced based on topography and vegetation), to attain 100% visual coverage within the Project area and a minimum 200-meter buffer to determine the presence or absence of desert kit fox individuals, dens, and sign. Permittee shall provide the results of the survey to CDFW prior to start of Project activities.

If potential dens are located, they shall be monitored by the Designated Biologist.

Trail cameras may be used to assist with observation but shall not be the sole basis upon which the status is determined. Permittee shall provide a DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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determination if active dens can be avoided and buffered from Project activities to prevent take and disturbance with the survey results.

Should active dens be present within the Project area that cannot be avoided with an adequate buffer, the Permittee shall reschedule Project activities or submit a monitoring and relocation plan for CDFW’s review and approval. No disturbance or relocation of active dens may take place when juveniles may be present and dependent on parental care.

Permittee shall block off inactive dens within the buffer zone with rocks and sticks to discourage use during Project activities and remove them when construction is complete. The Designated Biologist shall periodically check that the inactive burrows remain blocked and are not reoccupied.

Comment #7 Crotch’s Bumble Bee (Bombus crotchii)
Issue: The IS/MND indicates that Crotch’s bumble bee has the potential to occur throughout the project site, however the document does not provide any avoidance, minimization or mitigation measures to ensure that the project impacts are less than significant. CDFW is concerned the IS/MND’s analysis and determination of project related impacts to Crotch’s Bumble Bee does not have supporting evidence. According to INaturalist there are several records of Crotch’s bumble bee within the vicinity of the project.

Specific impact: Potential take of Crotch’s bumble bee and loss of nesting and foraging habitat.

Why this impact would occur: Crotch’s bumble bee occurs primarily in California, including the Mediterranean region, Pacific Coast, Western Desert, Great Valley and adjacent to foothills through most of southwestern California (Williams et. al 2014).

Crotch’s bumble bee are generalist foragers and have been reported visiting a wide variety of flower plants. The plant families most commonly associated with Crotch’s bumble bee observations or collections from California include Fabaceae, Apocynaceae, Asteraceae, Lamiaceae, Boraginaceae and Asclepiadaceae.

Maintenance of ephemeral streambeds would require ground disturbance (e.g., trenching, grading, soil compaction, burrow loss, and earth-moving activities) and vegetation removal. These activities create elevated levels of noise, human activity, dust, ground vibrations, and vegetation disturbance.

Evidence impact would be significant: Crotch’s bumble bee is a candidate species for listing under CESA; therefore, it receives the same legal protection afforded to endangered or threatened species under CESA pursuant to Fish & G. Code §§ 2074.2 & 2085. If found on-site, the Project could result in crushing or killing Crotch’s bumble bees, reduction in sufficient food resources such as nectar and pollen, and/or DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
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removal of nesting and overwintering sites. Many bumble bee species, once common in the western United States, have undergone a dramatic decline in both distribution and abundance and are now extirpated from much of their historic ranges (Hatfield et al. 2018). Many bumble bees are threatened with extinction due primarily to reductions in habitat from urbanization, intensive agriculture, and invasive species introductions (ibid).

If Crotch’s bumble bee occurs at the Project site and Project impacts to Crotch’s bumble bee occur, this could result in a substantial reduction in the species’ population, which would be a mandatory finding of significance (CEQA Guidelines, § 15065).

Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW offers the following Mitigation Measure Biological Resources Mitigation Measure Biological Resources 12 (MM BIO 12)
Crotch’s bumble bee is a candidate threatened species under the California Endangered Species Act. Prior to the initiation of project activities, the Project proponent must obtain a qualified biologist to conduct surveys for the candidate bumble bee species. There are a range of potential qualifications including coursework, bumble bee-specific workshops, and focused surveys. It is important to consider the type of training or field work when evaluating whether it provided relevant experience.

The qualified biologist will conduct habitat mapping no less than 120 days prior to initiation of Project activities with the submittal of a complete baseline habitat mapping report encompassing Fish and Game Code 1602 resources. Mapping will identify habitat alliances following Sawyer et al. (2009) and the report will identify species composition for each mapped alliance. If habitat mapping identifies the presence of plants (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable habitat, then a qualified biologist approved by CDFW shall prepare a draft survey plan and conduct surveys for Crotch’s bumble bee. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow in the event that Crotch’s bumble bee is detected within the Project area. Survey methodology shall generally follow the U.S. Fish and Wildlife Service protocol for the Rusty Patched bumble bee (USFWS 2019). CDFW also recommends completing multiple surveys, coinciding with the peak bloom periods of the plants listed above.

Following the completion of surveys, and no less than 30 days prior to initiation of Project activities, survey results shall be submitted to CDFW for review and comment. If Crotch’s bumble bee is detected during surveys, Project activities shall not occur in any occupied habitat areas the qualified biologist shall immediately notify CDFW.

Comment #8 Bat Species
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Doug Mathews
City of Victorville
January 10, 2024

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Section #4.4 of the IS/MND and Appendix B Biological Resources Analysis Issue: The Biological Resources Analysis states “There may be suitable foraging habitat throughout much of the project area, but there is a general lack of roosting habitat around the survey areas other than culverts associated with the work areas”, but does not provide any avoidance, minimization or mitigation measures. CDFW is concerned regarding this determination. There are 25 species of bats in California, and 16 use bridges and/or culverts. Because relatively high percentages of the populations of Mexican free-tailed bats (Tadarida brasiliensis mexicanus), Yuma bats (Myotis yumanensis), and pallid bats (Antrozous pallidus) roost in bridges and culverts, these species are the most susceptible to adverse effects by maintenance of ephemeral streambed.

Specific impact: Potential take of bats, bat roosting habitat, and bat maternity colony roosts.

Why impact would occur: The Biological Resources Analysis identifies the potential presence of bats within the project site.

Evidence impact would be significant: California Environmental Quality Act (CEQA), which requires an analysis of a project’s effects on the environment, including biological resources such as bats. Bridges and culverts provide roosting habitat for 16 of the 25 bat species that occur in California. These roosting features are analogous to naturally occurring roosts, many of which have been degraded or lost due to disturbance and other anthropogenic influences. In many cases the large mass of these human-made structures replaces some of the lost natural roosting habitat resources for bats and provides them with stable thermal conditions that bats require throughout their lifecycle.

Over the past several decades, the importance of bridges and culverts as roosting habitat has become increasingly apparent.

Surveys for Daytime, Nighttime, Wintering (Hibernacula), and Maternity Roosting Sites for Bats will occur prior to the initiation of Project activities within suitable bat roosting habitat. The project shall retain a qualified biologist to conduct focused surveys to determine presence of daytime, nighttime, wintering (hibernacula), and maternity roost sites. Two spring surveys (April through June) and two winter surveys (November through January) shall be performed by qualified biologists. Surveys shall be conducted no more than 15 days prior to the initiation of work near the base of the dam or near other structures that could support bats. Surveys shall be conducted during favorable weather conditions only. Each survey shall consist of one dusk emergence survey (start one hour DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
January 10, 2024

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before sunset and last for three hours), followed by one pre-dawn reentry survey (start one hour before sunrise and last for two hours), and one daytime visual inspection of all potential roosting habitat on the Project site. Surveys shall be conducted within one 24-hour period. Visual inspections shall focus on the identification of bat sign (i.e., individuals, guano, urine staining, corpses, feeding remains, scratch marks and bats squeaking and chattering). Bat detectors, bat call analysis, and visual observation shall be used during all dusk emergence and pre-dawn re-entry surveys.
 Avoidance of Maternity Roosts. Work within potential bat roosting habitat shall avoid the maternity roosting season (March 1 to July 31) to the extent feasible. If work must be conducted within the maternity roosting season, prior to the start of work within or near trees, bridges or other structures within the work area, a qualified bat biologist shall conduct a preconstruction survey to determine if bats are roosting within the Project work area. If bats are not roosting, no further mitigation is required. If bats are roosting, all maternity roosts shall be avoided and an appropriate no- disturbance buffer shall be established at the discretion of a qualified biologist, based on the sensitivity of the bat species. If work within the buffer is deemed necessary, a qualified biologist shall monitor work activities to ensure no disturbance to the roost(s).
 Exclusion Outside of Maternity Roosting Season. If roosts are determined to be present and must be removed, the bats will be excluded from the roosting site before the site is disturbed. A Bat Mitigation and Monitoring Plan addressing compensation and exclusion methods. And roost removal procedures will be developed and submitted to CDFW prior to implementation. Exclusion methods may include the use of one-way doors a roost entrances (bats may leave, but not re-enter, or sealing roost entrances with the site can be confirmed to contain no bats. Exclusion efforts shall not be conducted if the site is confirmed to be a maternity roost. Exclusion in the fall is recommended to avoid impacts to hibernating bats or a maternity roost (typically April through August in southern California) when flightless young are present.
 If roosts cannot be avoided or it is determined that Project activities may cause roost abandonment, such activities may not commence until permanent, elevated bat houses have been installed outside of, but near the Project area. Placement and height will be determined by a qualified wildlife biologist, but the height of the bat house will be at least 15-feet. Bat houses will be multi-chambered and be purchased or constructed in accordance with CDFW standards. The number of bat houses required will be dependent upon the size and number of colonies found at bat least one bat house will the installed for each pair of bats, (if occurring individually), DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

Doug Mathews
City of Victorville
January 10, 2024

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or of sufficient number to accommodate each colony of bats to be relocated.

The qualified biologist will implement the relocation plan and new roost sites shall be in place before the commencement of any ground-disturbing activities that will occur within 500 feet of the hibernacula. New roost sites shall be in place prior to the initiation of Project related activities to allow enough time for bats to relocate. Removal of roosts will be guided by accepted exclusion and deterrent techniques. The Project Proponent shall compensate no less than 2:1 for permanent impacts to roosting habitat.

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.)

CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist Lead Agency in identifying and mitigating Project impacts on biological resources.

Questions regarding this letter or further coordination should be directed to Brandy Wood, Senior Environmental Scientist (Supervisor) at 909-230-2627 or [email protected].

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

Doug Mathews
City of Victorville
January 10, 2024

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Sincerely,

Alisa Ellsworth
Environmental Program Manager

Attachments:

Mitigation and Monitoring Reporting Program (MMRP) for CDFW-Proposed Mitigation Measures

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

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City of Victorville
January 10, 2024

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ATTACHMENT 1: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

PURPOSE OF THE MMRP

The purpose of the MMRP is to ensure compliance with mitigation measures during project implementation. Mitigation measures must be implemented within the time periods indicated in the table below.

TABLE OF MITIGATION MEASURES

The following items are identified for each mitigation measure: Mitigation Measure, Implementation Schedule, and Responsible Party. The Mitigation Measure column summarizes the mitigation requirement. The Implementation Schedule column shows the date or phase when each mitigation measure will be implemented. The Responsible Party column identifies the person or agency that is primarily responsible for implementing mitigation measures.

Biological (BIO) Mitigation Measure Implementation
Schedule
Responsible Party
Mitigation Measure Biological Resources 5
(MM BIO-5): Pre-construction rare plant
clearance survey: Prior to Project
implementation, and during the appropriate
season, a qualified biologist shall conduct
botanical field surveys within the Project area
following protocols set forth in the California
Department of Fish and Wildlife’s (CDFW)
2018 Protocols for Surveying and Evaluating
Impacts to Special Status Native Plant
Populations and Sensitive Natural
Communities (CDFW 2018). The surveys
shall be conducted by a CDFW approved
botanist(s) experienced in conducting floristic
botanical field surveys, knowledgeable of
plant taxonomy and plant community ecology
and classification, familiar with the plants of
the area, including special-status and locally
significant plants, and familiar with the
appropriate state and federal statutes related
to plants and plant collecting. The botanical
field surveys shall be conducted at the
appropriate time of year when plants will both
be evident and identifiable (usually, during
flowering or fruiting) and, in a manner, which
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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maximizes the likelihood of locating special-
status plants and sensitive natural
communities that may be present. Botanical
field surveys shall be conducted floristic in
nature, meaning that every plant taxon that
occurs in the project area is identified to the
taxonomic level necessary to determine rarity
and listing status. If any special-status plants
are identified, the Project Applicant shall
avoid the plant(s), with an appropriate buffer
(i.e., fencing or flagging).

Mitigation Measure Biological Resources 6
(MM BIO 6): If complete avoidance of a
special status plant is not feasible, the Project
Applicant shall mitigate the loss of the
plant(s) through off-site compensation
including: 1) permanent protection of an
existing off-site native population; 2)
permanent protection of an off-site introduced
population; 3) a combination of 1) and 2); or
4) mitigation banking. The ratio of acquisition
to loss must in most cases exceed 1:1 for any
species. The ratio should be higher for rarer
species, particularly for those that occupy
irreplaceable habitats.

Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
Mitigation Measure Biological Resources 7
(MM BIO-7): The western Joshua tree is a
candidate threatened species under the
California Endangered Species Act. Prior to
the initiation of westernJoshua tree removal,
relocation, replanting, trimming or pruning or
any activity that may result in take of WJT on
site, the Project Proponent should obtain
California Endangered Species Act (CESA)
Incidental Take Permit (ITP) under Section
2081 of the CESA, or any other appropriate
take authorization under CESA or under the
Western Joshua Tree Conservation Act
(WJTCA) of Fish and Game Code (§§ 1927-
1927.12). California Fish and Game Code
section 86 defines “take” as “hunt, pursue,
catch, capture, or kill, or attempt to hunt,
pursue, catch, capture, or kill”. Take of any
CESA-listed species is prohibited except as
authorized by state law (Fish and Game
Code, §§ 2080 & 2085 and §§ 1927-
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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1927.12). To execute a CESA ITP or WJTCA
ITP, CDFW requires documentation of CEQA
compliance. CDFW requires CEQA
documentation to include proof of filing fees
and State Clearinghouse circulation,
including assignment of a State
Clearinghouse number. The Project Applicant
will adhere to measures and conditions set
forth within the Incidental Take Permit.

Mitigation Measure Biological Resources 8
(MM BIO 8): If complete avoidance of a
special status vegetation community is not
feasible, the Project Applicant shall mitigate
the loss of the vegetation community through
the purchase of mitigation credits from a
CDFW-approved bank and/or land
acquisition. The ratio of acquisition to loss
must in most cases exceed 1:1 for any
vegetation community. The ratio should be
higher for rarer communities, particularly for
those that occupy irreplaceable habitats.

Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
Mitigation Measure Biological Resources 9
(MM BIO-9): Prior to any ground disturbance,
a survey for potential burrows followed by
four breeding season surveys of areas found
to have potential for burrowing owl
occupation must be conducted in accordance
with the Staff Report on Burrowing Owl
Mitigation, State of California Natural
Resource Agency, Department of Fish and
Game, May 7, 2012. The surveys shall
include 100 percent coverage of the Project
site. A report summarizing the breeding
season survey including all requirements for
survey reports (page 30 of the 2012 Staff
Report) shall be submitted to CDFW for
review and approval.

If no burrowing owl, active burrowing owl
burrows, or sign thereof are found, no further
action is necessary.

If burrowing owl, active burrowing owl
burrows, or sign thereof are found the
qualified biologist shall prepare and
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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implement a plan for avoidance,
minimization, and mitigation measures to be
review and approved by CDFW prior to
commencing Project activities. The plan shall
include mitigation for permanent loss of
occupied burrow(s) and habitat. The
mitigation lands may require habitat
enhancements including enhancement or
expansion of burrows for breeding, shelter
and dispersal opportunity, and removal or
control of population stressors. Permanent
protection of mitigation land through a
conservation easement deeded to a nonprofit
conservation organization or public agency
with a conservation mission, development
and implementation of a mitigation land
management plan to address long-term
ecological sustainability and maintenance of
the site for burrowing owls, and funding for
the maintenance and management of
mitigation land through the establishment of a
long-term funding mechanism such as an
endowment. The ratio of acquisition to loss
must in most cases exceed 1:1 for any
species, particularly burrowing owl. The ratio
should be higher for rarer species,
particularly for those that occupy
irreplaceable habitats.

Mitigation Measure Biological Resources 10
(MM-BIO 10): To ensure that the Project
avoids impacts to burrowing owl, a qualified
biologist shall complete a take avoidance
survey no less than 14 days prior to initiating
ground disturbance activities using the
recommended methods described in the
2012 Staff Report. Burrowing owls may re-
colonize a site after only a few days. Time
lapses between Project activities trigger
subsequent take avoidance surveys including
but not limited to a final survey conducted
within 24 hours prior to ground disturbance.

Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
Mitigation Measure Biological Resources 11
(MM BIO-11): No more than fourteen (14)
days and no less than three (3) days prior to
the beginning of surface disturbance, the
Designated Biologist shall conduct a pre-
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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Project 10-meter transect survey (or reduced
based on topography and vegetation), to
attain 100% visual coverage within the
Project area and a minimum 200-meter buffer
to determine the presence or absence of
desert kit fox individuals, dens, and sign.

Permittee shall provide the results of the
survey to CDFW prior to start of Project
activities.

If potential dens are located, they shall be
monitored by the Designated Biologist. Trail
cameras may be used to assist with
observation but shall not be the sole basis
upon which the status is determined.

Permittee shall provide a determination if
active dens can be avoided and buffered
from Project activities to prevent take and
disturbance with the survey results.

Should active dens be present within the
Project area that cannot be avoided with an
adequate buffer, the Permittee shall
reschedule Project activities or submit a
monitoring and relocation plan for CDFW’s
review and approval. No disturbance or
relocation of active dens may take place
when juveniles may be present and
dependent on parental care.

Permittee shall block off inactive dens within
the buffer zone with rocks and sticks to
discourage use during Project activities and
remove them when construction is complete.

The Designated Biologist shall periodically
check that the inactive burrows remain
blocked and are not reoccupied.

Mitigation Measure Biological Resources 12
(MM BIO 12):

Crotch’s bumble bee is a candidate
threatened species under the California
Endangered Species Act. Prior to the
initiation of project activities, the Project
proponent must obtain a qualified biologist to
conduct surveys for the candidate bumble
bee species. There are a range of potential
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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qualifications including coursework, bumble
bee-specific workshops, and focused
surveys. It is important to consider the type of
training or field work when evaluating
whether it provided relevant experience.

The qualified biologist will conduct habitat
mapping no less than 120 days prior to
initiation of Project activities with the
submittal of a complete baseline habitat
mapping report encompassing Fish and
Game Code 1602 resources. Mapping will
identify habitat alliances following Sawyer et
al. (2009) and the report will identify species
composition for each mapped alliance. If
habitat mapping identifies the presence of
plants (e.g., genera Antirrhinum, Phacelia,
Clarkia, Cordylanthus, Dendromecon,
Eschscholzia, Eriogonum Hypericum,
Lantana, Lupinus, Salvia, Asclepias, Cirsium,
Monardella, Keckiella, Acmispon, Euthamia,
Ehrendorferia, Vicia, and/or Trichostema) or
other suitable habitat, then a qualified
biologist approved by CDFW shall prepare a
draft survey plan and conduct surveys for
Crotch’s bumble bee. The survey plan will
identify the timing, number, and duration of
survey efforts, and procedures to follow in the
event that Crotch’s bumble bee is detected
within the Project area. Survey methodology
shall generally follow the U.S. Fish and
Wildlife Service protocol for the Rusty
Patched bumble bee (USFWS 2019). CDFW
also recommends completing multiple
surveys, coinciding with the peak bloom
periods of the plants listed above. Following
the completion of surveys, and no less than
30 days prior to initiation of Project activities,
survey results shall be submitted to CDFW
for review and comment. If Crotch’s bumble
bee are detected during surveys, Project
activities shall not occur in any occupied
habitat areas the qualified biologist shall
immediately notify CDFW.

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City of Victorville
January 10, 2024

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Mitigation Measure Biological Resources 13
(MM BIO 13): Surveys for Daytime,
Nighttime, Wintering (Hibernacula), and
Maternity Roosting Sites for Bats will occur
prior to the initiation of Project activities within
suitable bat roosting habitat. The project shall
retain a qualified biologist to conduct focused
surveys to determine presence of daytime,
nighttime, wintering (hibernacula), and
maternity roost sites. Two spring surveys
(April through June) and two winter surveys
(November through January) shall be
performed by qualified biologists. Surveys
shall be conducted no more than 15 days
prior to the initiation of work near the base of
the dam or near other structures that could
support bats. Surveys shall be conducted
during favorable weather conditions only.

Each survey shall consist of one dusk
emergence survey (start one hour before
sunset and last for three hours), followed by
one pre-dawn reentry survey (start one hour
before sunrise and last for two hours), and
one daytime visual inspection of all potential
roosting habitat on the Project site. Surveys
shall be conducted within one 24-hour period.

Visual inspections shall focus on the
identification of bat sign (i.e., individuals,
guano, urine staining, corpses, feeding
remains, scratch marks and bats squeaking
and chattering). Bat detectors, bat call
analysis, and visual observation shall be
used during all dusk emergence and pre-
dawn re-entry surveys.
• Avoidance of Maternity Roosts. Work
within potential bat roosting habitat shall
avoid the maternity roosting season (March 1
to July 31) to the extent feasible. If work must
be conducted within the maternity roosting
season, prior to the start of work within or
near trees, bridges or other structures within
the work area, a qualified bat biologist shall
conduct a preconstruction survey to
determine if bats are roosting within the
Project work area. If bats are not roosting, no
further mitigation is required. If bats are
Prior to commencing
ground- or
vegetation-disturbing
activities

Project Proponent
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City of Victorville
January 10, 2024

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roosting, all maternity roosts shall be avoided
and an appropriate no-disturbance buffer
shall be established at the discretion of a
qualified biologist, based on the sensitivity of
the bat species. If work within the buffer is
deemed necessary, a qualified biologist shall
monitor work activities to ensure no
disturbance to the roost(s).
• Exclusion Outside of Maternity
Roosting Season. If roosts are determined to
be present and must be removed, the bats
will be excluded from the roosting site before
the site is disturbed. A Bat Mitigation and
Monitoring Plan addressing compensation
and exclusion methods. And roost removal
procedures will be developed and submitted
to CDFW prior to implementation. Exclusion
methods may include the use of one-way
doors a roost entrances (bats may leave, but
not re-enter, or sealing roost entrances with
the site can be confirmed to contain no bats.

Exclusion efforts shall not be conducted if the
site is confirmed to be a maternity roost.

Exclusion in the fall is recommended to avoid
impacts to hibernating bats or a maternity
roost (typically April through August in
southern California) when flightless young
are present.
• If roosts cannot be avoided or it is
determined that Project activities may cause
roost abandonment, such activities may not
commence until permanent, elevated bat
houses have been installed outside of, but
near the Project area. Placement and height
will be determined by a qualified wildlife
biologist, but the height of the bat house will
be at least 15-feet. Bat houses will be multi-
chambered and be purchased or constructed
in accordance with CDFW standards. The
number of bat houses required will be
dependent upon the size and number of
colonies found at bat least one bat house will
the installed for each pair of bats, (if occurring
individually), or of sufficient number to
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City of Victorville
January 10, 2024

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accommodate each colony of bats to be
relocated.

The qualified biologist will implement the
relocation plan and new roost sites shall be in
place before the commencement of any
ground-disturbing activities that will occur
within 500 feet of the hibernacula. New roost
sites shall be in place prior to the initiation of
Project related activities to allow enough time
for bats to relocate. Removal of roosts will be
guided by accepted exclusion and deterrent
techniques. The Project Proponent shall
compensate no less than 2:1 for permanent
impacts to roosting habitat.

DocuSign Envelope ID: 1FB9C596-335D-4E3B-B1E7-FB22AA477D2C

CITY-WIDE ENVIRONMENTAL MAINTENANCE PERMITS FOR EPHEMERAL WASHES PROJECT Initial Study/Mitigated Negative Declaration

February 2024 2-2 Responses to Comments
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CITY-WIDE ENVIRONMENTAL MAINTENANCE PERMITS FOR EPHEMERAL WASHES PROJECT Initial Study/Mitigated Negative Declaration

February 2024 2-30 Responses to Comments

RESPONSE TO COMMENT LETTER NO. 1

Alisa Ellsworth, Environmental Program Manager
California Department of Fish and Wildlife, Inland Deserts Region January 10, 2024

1-1 This comment acknowledges receipt and review of the Draft IS/MND by the California Department of Fish and Wildlife’s (CDFW), and does not address the Draft IS/MND’s adequacy or relate to an environmental issue .

As such, no further response is necessary.

1-2 This comment defines the CDFW’s regulatory authority as both a Trustee Agency for fish and wildlife resources and a Responsible Agency under CEQA. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-3 This com ment summarizes the project description, including project location and objectives. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-4 This comment provides introductory remarks related to the CDFW’s comments , and does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-5 The proposed project does not entail any new development; rather, the proposed project would involve routine maintenance activities associated with existing flood control facilities. As discussed in Chapter 2 , Project Description, maintenance activities would occur on an as-needed basis; while it is anticipated that the majority of flood control facilities are generally anticipated to receive maintenance activities either twice annually, annually, or after significant storm events, the exact frequency and timeline is unknown. It is also unknown at this time specifically which facilities will need maintenance at any given time. However, it is anticipated that the majority of flood control maintenance work would be accomplished within 8 to 10 hours or generally within one day, with the exception of a small subset of facilities which may take up to 36 hours.

As described in Section 4.4 , Biological Resources, of the Draft IS/MND, based on a records search and literature review, a review of existing site conditions during field surveys, and a review of specific habitat requirements, occurrence records, and known distributions, the project has l ow to moderate potential to support special-status plants; refer to Appendix B, Biological Resources Reports. As such, a rare plant survey would be conducted pursuant to Mitigation Measure BIO-1 to ensure proper avoidance of special-status plants during maintenance activities . Although Mitigation Measure BIO -1 already adequately mitigates impacts related to rare plants, this measure has been updated within the Final IS/MND based on recommendations provided by the commenter:

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CITY-WIDE ENVIRONMENTAL MAINTENANCE PERMITS FOR EPHEMERAL WASHES PROJECT Initial Study/Mitigated Negative Declaration

February 2024 2-31 Responses to Comments
when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special -status plants and sensitive natural communities that may be present. The results of the survey shall be documented in a letter report. If individual or populations of special-status plant species are found within the areas proposed for disturbance, the plants shall be avoided with an appropriate buffer (i.e., fencing or flagging) measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow the 2018 California Department of Fish and Wildlife (CDFW) Protocols for S urveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

Although not expected, if State - and/or federally -listed plant species are present and avoidance is infeasible, consultation with the CDFW and/or U.S. Fish and Wildlife Service (USFWS) would be required and an Incidental Take Permit(s) from the CDFW and/or USFWS shall be obtained prior to the commencement of maintenance activities.

1-6 As detailed in Response 1 -5, based on a records search and literature review, a review of existing site conditions during field surveys, and a review of specific habitat requirements, occurrence records, and known distributions, the project has low to moderate potential to support special-status plants. Specifically, the Draft IS/MND identified sagebrush loeflingia, Beaver Dam breadroot, pinyon rockcress, desert cymopterus, Mojave monkeyflower, short-joint beavertail, and Latimer’s woodland -gilia as special -status plant species with the potential to occur within the project site. Accordingly, Mitigation Measure BIO-1 includes actions to survey and ultimately protect these species from project impacts. However, the comment suggests that Booth’s evening- primrose is known to be present within the City and therefore should be included in the special -status plant surveys. As such, the Final IS/MND has been further updated as follows to include this species:

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BIO-1 Prior to maintenance activities occurring, and during the appropriate blooming periods for special-status plant species with the potential to occur within the project site, a qualified botanist shall conduct a focused rare plant survey in areas with suitable habitat for sagebrush loeflingia, Beaver Dam breadroot, pinyon rockcress, desert cymopterus, Mojave monkeyflower, short -joint beavertail, and Latimer’s woodland- gilia, and Booth’s evening - primrose to determine presence or absence of special -status plant species. Sites where surveys shall be conducted are listed in Appendix B of the Habitat Assessment; refer to Appendix B , Biological Resources Reports . The surveys shall be floristic in nature (i.e., identifying all plant species to the taxonomic level necessary to determine rarity), and shall be inclusive of, at a minimum, areas proposed for disturbance. The botanical field s urveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special -status plants and sensitive natural communities that may be present. The results of the survey shall be documented in a letter report. If individual or populations of special -status plant species are found within the areas proposed for disturbance, the plants shall be avoided with an appropriate buffer (i.e., fencing or flagging) measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow the 2018 California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive

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Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

1-7 B ased on the Habitat Assessment prepared for the project (refer to Appendix A: Figures , of Appendix B , Biological Resources Reports ), there are no Western Joshua Trees (WJT) within proposed work areas associated with the project, and no impacts to WJT would occur as part of the project. However, to reflect the WJT’s status as a candidate threatened species under the California Endangered Species Act , the Final IS/MND has been updated to include the following:

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e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

Less Than Significant Impact. Based on the Habitat Assessment prepared for the proposed project, there are no Western Joshua Trees (WJT) within proposed work areas associated with the project, and no impacts to WJT would occur as part of the project. However, the WJT is a candidate threatened species under the California Endangered Species Act (CESA). Under CESA, species classified as CESA candidate species are afforded the same protection as CESA -listed species. WJT removal, relocation, replanting, trimming or pruning, or any similar activity may result in take of WJT. Take of any CESA-listed species is prohibited except as authorized by state law. If project activities are expected to result in a take of the WJT, acquisition of a CESA Incidental Take Permit (ITP) under Section 2081 of CESA, or any other appropriate take authorization under CESA or under the Western Joshua Tree Conservation Act (WJTCA) of Fish and Game Code, would be required.

Further, Chapter 13.33, Preservation and Removal of Joshua Trees, of the Municipal Code protects WJT Joshua Trees, making it illegal for any person to cut, damage, destroy, dig up, or harvest any living WJT Joshua tree without the prior written consent of the Director of Parks and Recreation or his designee. If the flood control maintenance activities would require removal or pruning of any on -site WJT Joshua Trees, written consent from the Director of Parks and Recreation would be required. Thus, in the unlikely event impacts to WJT occur, procurement of a CESA ITP and compliance with Chapter 13.33 of the Municipal Code would ensure the project does not conflict with the State’s or the City’s tree preservation policies, and impacts would be less than significant in this regard.

1-8 As discussed in Section 4.4 of the Draft IS/MND , the project may result in impacts to sensitive vegetation communities such as Nevada joint fir-Anderson’s boxthorn-spiny hop sage scrub, winter fat scrubland, arroyo willow thickets , disturbed Nevada joint fir –Anderson’s boxthorn–spiny hop sage scrub, and disturbed cottonwood forest and woodland . Further, based on the Habitat Assessment and Jurisdictional Delineation prepared for the project, riparian habitat occurs on-site in association with multiple flood control facilities. While the Draft IS/MND identifies 80.16 acres of CDFW lake or streambed/riparian vegetation on-site, it is important

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to note that of this 80.16 acres, only 1.03 acres was mapped as vegetated streambed and 0.17 acres was mapped as riparian habitat. The remaining 78.96 acres consists of unvegetated streambed.

While the Draft IS/MND determined that impacts to riparian habitat and/or other sensitive natural communities would be less than significant with incorporation of Mitigation Measure BIO -1, as well as through the City’s acquisition of a Section 1602 Streambed Alteration Agreement through CDFW, Mitigation Measure BIO-1 in the Final IS/MND has been refined to include additional specifics related to special-status vegetation communities. Updates are as follows:

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7.5-minute quadrangles by the CNDDB. Of the communities that were mapped during the field surveys, Nevada joint fir – Anderson’s boxthorn – spiny hop sage scrub, winter fat scrubland, and arroyo willow thickets are designated as sensitive communities by CDFW’s California Natural Community List. Two additional “disturbed” vegetation communities mapped during the field surveys include disturbed Nevada joint fir – Anderson’s boxthorn –
spiny hop sage scrub and disturbed cottonwood forest and woodland.

Based on the Habitat Assessment and Jurisdictional Delineation prepared for the project, riparian habita t occurs on- site in association with multiple flood control facilities; however, prior to commencement of construction activities, a Section 1602 Streambed Alteration Agreement would be required from the CDFW, which would minimize impacts to on-site riparian vegetation (refer to Response 4.4(c), below, for additional information regarding regulatory permits required for the project). Additionally, Mitigation Measure BIO -1 would require focused rare plant survey be conducted prior to the start of maintenance activities, and during the appropriate blooming periods for special -status plant species with the potential to occur within the project site, and for special-status vegetation communities with the potential to occur within the project site, to determine presence or absence of special -status plant species and/or special -status vegetation communities. Thus, impacts in this regard would be less than significant.

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and Sensitive Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

Although not expected, if State - and/or federally-listed plant species and/ or special-status vegetation communities are present and avoidance is infeasible, consultation with the CDFW and/or U.S. Fish and Wildlife Service (USFWS) would be required and an Incidental Take Permit(s) from the CDFW and/or USFWS shall be obtained prior to the commencement of maintenance activities. If complete avoidance of a special-status vegetation community is not feasible, the City of Victorville shall mitigate for the loss of the vegetation community through the purchase of mitigation credits from a CDFW -approved bank and/or land acquisition at a ratio deemed appropriate through consultation with CDFW.

1-9 As discussed in Response 1-5, proposed maintenance activities would occur on an as-needed basis; while it is anticipated that the majority of flood control facilities are generally anticipated to receive maintenance activities either twice annually, annually, or after significant storm events, the exact frequency and timeline is unknown. It is also unknown at this time specifically which facilities will need maintenance at any given time.

However, it is anticipated that the majority of flood control maintenance work would be accomplished within 8 to 10 hours or generally within one day, with the exception of a small subset of facilities which may take up to 36 hours. The Draft IS/MND concluded that the project site has a high potential of supporting burrowing owl, (BUOW), which is cu rrently designated as a CDFW Species of Special Concern (SSC). Although BUOW, burrows, or signs were not observed during project field surveys, due to the presence of suitable habitat the Draft IS/MND concluded that implementation of Mitigation Measure BIO -3 would be required to reduce potential impacts to BUOW. Mitigation Measure BIO-3 would require pre-construction surveys to ensure that BUOW remain absent from the project site and impacts to BUOW are avoided. Mitigation Measure BIO-3 of the Final IS/MND has been refined as follows, based on recommendations provided by the commenter:

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Yellow warbler was the only special-status wildlife species observed during the survey. However, nesting habitat for t his species is not present within any of the survey areas. Construction activities associated with project implementation could result in potential impacts to nesting birds protected by the Migratory Bird Treaty Act (MBTA). The MBTA prohibits activities that result in the direct take (defined as killing or possession) of a migratory bird. The proposed project has the potential to impact nesting birds if construction activities occur during the nesting season. Mitigation Measure BIO -2 has been provided t o reduce impacts in this regard to less than significant levels. Although BUOW, burrows, or signs were not observed during the field surveys, implementation of Mitigation Measure BIO-3 would be required to reduce potential impacts to BUOW would be reduced with implementation of Mitigation Measure BIO-3. Mitigation Measure BIO -3 would require pre- construction surveys to ensure that BUOW remain absent from the project site and impacts to BUOW are avoided.

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In accordance with the 2012 Staff Report California Department of Fish and Wildlife (CDFW) Staff Report on Burrowing Owl Mitigation, two pre -construction clearance surveys shall be conducted in survey areas containing potential to support BUOWs, with the first survey occurring 14-30 days prior to any vegetation removal or ground disturbing activities occurring and the second survey occurring 24 hours prior to disturbance. If work does not begin within these survey windows, an additional survey will be required. Once surveys are completed, the qualified biologist shall prepare a final report documenting surveys and findings. If no BUOWs or occupied burrows are detected, project ac tivities may begin. If an occupied burrow is found within the project site during pre- construction clearance surveys, a BUOW exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating project activities.

If burrowing owl, active burrowing owl burrows, or sign thereof are found the qualified biologist shall prepare and implement a plan for avoidance, minimization, and mitigation measures to be reviewed and approved by CDFW prior to commencing project activities. The plan shall include mitigation for permanent loss of occupied burrow(s) and habitat. Mitigation for impacts may include, but would not be limited to, mitigation lands that may require habitat enhancements including enhancement or expansion of burrows for breeding, shelter and dispersal opportunity, and removal or control of population stressors. Mitigation, and the appropriate ratio, shall be developed in consultation between the City and CDFW.

1-10 The Draft IS/MND notes that the desert kit fox is a protected fur -bearing mammal under Title 14 of the California Code of Regulations Section 460, which states this species may not be taken at any time. Although it is not a listed species under the CESA or the Federal Endangered Species Act (FESA), the Center for Biological Diversity petitioned to list the desert kit fox as threatened under CESA in 2013. This petition was ultimately rejected by the California Fish and Game Commission and this species remains un -listed at this time. The Draft IS/MND concluded that the project site has a low potential of supporting desert kit fox. As discussed in Section 4.4 of the Draft IS/MND, no desert kit fox or sign (i.e., denning sites, burrow complexes, scat) were observed within or adjacent to the survey areas during the field surveys conducted for the project.

While the project site contains suitable habitat for this species, including creosote bush scrub and rubber rabbitbrush scrub, due to widespread habitat loss and fragmentation in this area, the individual survey areas are in many cases isolated from direct connectivity to natural habitat outside of small blocks of open space between existing development. In addition, based on habitat suitability maps within the 2013 CESA listin g petition, the general Victorville area appears to be generally considered as “unsuitable” for this species, presumably due to the extensive development between Hesperia, Victorville, and Adelanto, although areas outside of the project vicinity are labeled on the map as mostly “fair,” with pockets of “marginal” and “good” habitat. Thus, the Draft IS/MND determined that desert kit fox has a low potential to occur within any of the survey areas.

The IS/MND concluded that impacts to candidate, sensitive, or special status species would be less than significant with mitigation incorporated. Mitigation Measure BIO -4 specifically address es impacts to desert tortoise, a species that burrows within its habitat; this measure would require clearance surveys to ensure that significant impacts to desert kit fox do not occur. As such, the Final IS/MND has been updated as follows:

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general Victorville area appears to be gener ally considered as “unsuitable” for this species, presumably due to the extensive development between Hesperia, Victorville, and Adelanto, although areas outside of the project vicinity are labeled on the map as mostly “fair,” with pockets of “marginal” an d “good” habitat.

As a result, desert kit fox has a low potential to occur within any of the survey areas. Yet, as a protected fur-bearing mammal, the desert kit fox would be included in clearance surveys under Mitigation Measure BIO-4 to ensure the species is not present on site.

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BIO-4 Desert tortoise and desert kit fox and their its signs shall be searched for within suitable habitat for these this species during the nesting bird clearance surveys (Measure BIO-2) up to seven days prior to maintenance work occurring. Sites where surveys shall be conducted are listed in Appendix B of the Habitat Assessment; refer to Appendix B, Biological Resources Reports. Surveys shall be conducted by a qualified biologist(s) who has previously conducted desert tortoise and desert kit fox surveys in suitable habitat and/or who has specifically attended the annual “Introduction to Desert Tortoises” workshop hosted by the Desert Tortoise Council in Ridgecrest. Should maintenance work be scheduled outside of the nesting season, thereby eliminating the need for implementation of Mitigation Measure BIO- 2, the qualified biologist(s) shall still survey the final impact boundaries and a 100-foot buffer at each survey area with suitable habitat for desert tortoise and desert kit fox. For any portion(s) of the project site where desert tortoise and desert kit fox surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid for one year from the date of the survey (i.e., desert tortoise surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur within one year of the sur vey). Should desert tortoise and/or desert kit fox , their its signs, or their its burrows be found in these areas or any other survey areas, the City of Victorville shall discuss the appropriate avoidance measures with the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) to incorporate during maintenance operations or, if avoidance is not feasible, appropriate consultation requirements under the Federal Endangered Species Act (FESA) and California Endangered Species Act (CESA).

1-11 The Draft IS/MND notes that the Crotch bumble bee was not observed during the field surveys, and although there are suitable foraging plants in many of the survey areas, this species has not been recorded anywhere in the project vicinity in well over 50 years. The Draft IS/MND notes that it has a low potential to occur within any of the survey areas associated with the project site. It should be noted that as of January 18, 2024 there are still no recent records of Crotch bumble bee in the CNDDB in the project vicinity, and there are only two iNaturalist records, both from 2023, in the Hesperia area, and both over three miles away from the project site. Although impacts are not anticipated, Mitigation Measure BIO-1 of the Draft IS/MND has been modified as follows:

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to determine rarity), and shall be inclusive of, at a minimum, areas proposed for disturbance.

The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special -status plants and sensitive natural communities that may be present. The results of the survey shall be documented in a letter report. If individual or populations of special-status plant species are found within the areas proposed for disturbance, the plants shall be avoided with an appropriate buffer (i.e., fencing or flagging) measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow the 2018 California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

Although not expected, if State - and/or federally-listed plant species and/or special -status vegetation communities are present and avoidance is infeasible, consultation with the CDFW and/or U.S. Fish and Wildlife Service (USFWS) would be required and an Incidental Take Permit(s) from the CDFW and/or USFWS shall be obtained prior to the commencement of maintenance activities. If complete avoidance of a special-status vegetation community is not feasible, the City of Victorville shall mitigate for the loss of the vegetation community through the purchase of mitigation credits from a CDFW -approved bank and/or land acquisition at a ratio deemed appropriate through consultation with CDFW.

If during the focused rare plant survey effort suitable plants providing habitat for Crotch bumble bee are detected (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema), a qualified biologist shall conduct preconstruction surveys for Crotch bumble bee, generally following the U.S. Fish and Wildlife Service protocol for the Rusty patc hed bumble bee. If the Crotch bumblebee is detected during the preconstruction survey, project activities shall not occur in occupied habitat areas and the CDFW shall be consulted to minimize impacts in this regard.

1-12 As noted within the Habitat Assessment prepared for the project, the project site has the potential to provide suitable foraging habitat for various species of bats (Order Chiroptera). Roosting habitat is expected to be minimal since most of the survey areas are either in the open desert or are adjacent to active residences.

However, tree cover in some areas could provide marginally suitable roosting habitat for bat species that typically roost in tree hollows, although this may be more common in and along the Mojave River, which is not directly adjacent to any of the survey areas. Bat species that prefer to roost in mines, caves, rock outcrops, deep rock crevices, and old buildings would not be expected to occur as these features are absent from the survey areas. While impacts to bats are not anticipated to occur, Mitigation Measure BIO-2 has been modified as follows:

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BIO-2 If project-related activities are to be initiated during the general avian nesting season (January 1st through July 31st for raptors and February 1st through August 31st for other avian species), a qualified biologist shall conduct a pre-construction nesting bird survey for avian species in every survey area to determine the presence/absence, location, and status of any act ive

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nests on or adjacent to the area proposed project site. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code (CFGC), a nesting bird survey should be conducted within each survey area no earlier than seven days prior to the commencement of maintenance activities in that area. If work does not occur within seven days following the nesting bird survey, an additional survey will be required.

In the event that active nests are discovered, the extent of the survey buffer area surrounding the nest should be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided, and no maintenance activities within the buffer allowed, until the biologist has determined that the nest(s) is no longer active (i.e., the nestlings have fledged and are no longer dependent on the nest).

In addition, a preconstruction survey for suitable bat roosting habitat shall be conducted by a qualified biologist prior to commencement of work. If suitable roosting habitat is detected, the CDFW shall be consulted to determine the appropriate steps to determine the presence or absence of daytime, nighttime, wintering and maternity roosting bats. For sites determined to have suitable bat roosting habitat, work shall be conducted outside of the maternity roosting season (March 1 through July 31) to the extent practicable. If project activities are determined to affect bat roosts, appropriate measures (e.g., bat roost, exclusion, replacement roost sites) shall be implemented as appropriate in consultation with CDFW.

1-13 This comment requests that the City report any special status species and natural communities detected during project surveys to the California Natural Diversity Database (CNDDB). It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-14 This comment provides information regarding required filing fees for the proposed project. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

1-15 This paragraph includes contact information for the CDF W, and does not address the Draft IS/MND’s adequacy or relate to an environmental issue. No response is necessary.

Lahontan Regional Water Quality Control Board

January 9, 2024
File: Environmental Doc Review
San Bernardino County

Dr. Doug Mathews
City of Victorville
14343 Civic Drive
Victorville, CA 92392
[email protected]

Comments on the Initial Study and Mitigated Negative Declaration for the City-Wide Environmental Maintenance Permits for Ephemeral Washes Project, San Bernardino City

The California Regional Water Quality Control Board, Lahontan Region (Water Board) staff received an Initial Study and Mitigated Negative Declaration (IS/MND) for the above-referenced Project (Project) on December 12, 2023. The IS/MND was prepared by the City of Victorville (City) and submitted in compliance with provisions of the California Environmental Quality Act (CEQA).

Water Board staff, acting as a responsible agency, is providing these comments to specify the scope and content of the environmental information germane to our statutory responsibilities pursuant to CEQA Guidelines, California Code of Regulations (CCR), title 14, section 15096. We thank the City for providing Water Board staff the opportunity to review and comment on the IS/MND. Based on our review, we recommend the following: (1) natural drainage channels and flow paths should be maintained through the Project site to ensure no net loss of function and value of waters of the state; (2) list hydrology and water quality mitigations that are being incorporated into the Project to avoid or minimize significant affects; (3) include baseline information mentioned in the Project description; and (4) identify and list the disposal sites within the Project area.

Our comments are outlined below.

WATER BOARD’S AUTHORITY

All groundwater and surface waters are considered waters of the State. All waters of the State are protected under California law. State law assigns responsibility for protection of water quality in the Lahontan Region to the Lahontan Water Board. Some waters of the State are also waters of the United States. The Federal Clean Water Act (CWA)

Doug Mathews - 2 - January 9, 2024

provides additional protection for those waters of the State that are also waters of the United States.

The Water Quality Control Plan for the Lahontan Region (Basin Plan) contains policies that the Water Board uses with other laws and regulations to protect the quality of waters of the State within the Lahontan Region. The Basin Plan sets forth water quality standards for surface water and groundwater of the Region, which include designated beneficial uses as well as narrative and numerical objectives which must be maintained or attained to protect those uses. The Basin Plan can be accessed via the Water Board’s web site at
http://www.waterboards.ca.gov/lahontan/water_issues/programs/basin_plan/references. shtml.

SPECIFIC COMMENTS

We recommend the following be considered in the environmental review.

1. In general, these types of projects have the potential to hydrologically modify natural drainage systems. Of particular concern is the collection of storm water runoff and the concentrated discharge of that storm water to natural drainage channels. Maintenance should prioritize maintaining natural drainage paths and landscape features to slow and filter runoff and maximize groundwater recharge; managing runoff as close to the source as possible; and maintaining vegetated areas for storm water management and onsite infiltration. We recommend natural drainage channels and flow paths be maintained through the Project site to avoid net loss of function and value of waters of the State because of Project implementation.

2. The IS/MND should list hydrology and water quality mitigations that are being incorporated into the Project to avoid or minimize significant affects such as those included in a Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Management Plan. Details regarding how these mitigations will protect water quality should be included in the IS/MND.

3. Project Description – The Project description discusses returning drainages back to baseline, but no baseline studies were included in the IS/MND. Baseline studies should be conducted to ensure drainages are returned to baseline conditions.

4. Proposed Maintenance Activities – Sediment and Debris Removal: The IS/MND mentions the removal of sediment and various types of debris but does not indicate where these wastes will be disposed of. The IS/MND should identify where these wastes will be disposed of as stockpiled sediment can pose its own threat to water and air quality.

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5. Proposed Maintenance Activities – Bank Stabilization and Channel Repair:

The IS/MND mentions bank stabilization and in-channel repair activities which include permanent impacts to waters that may result in deteriorated conditions further downstream. This section indicates that riprap or concrete may be used in all the water ways but does not include how negative impacts from increased flow velocities will be mitigated.

6. Maintenance Areas – The Project consists of 127 maintenance areas that have not had impacts determined. Without knowing the impacts, the Water Board cannot determine if adequate mitigation measures have been incorporated into the IS/MND to ensure that impacts are less than significant.

7. Appendix B: Field Survey Results – The tables included as part of the field survey results included a column that describes channel type. Descriptions in this column are inconsistent and sometimes absent with no explanation. The descriptions in this column should be sufficient to describe the conditions present at the listed location.

8. Delineation of State and Federal Jurisdictional Waters – The delineation included with the IS/MND was very sparse and targeted only areas that appeared to have culverts. Many of the figures included in the Jurisdictional Delineation indicated that waters of the State were only present on the downstream sections of channels or that the City would only access downstream portions of many channels. This is very unusual considering the maintenance the City wishes to perform. The Water Board recommends that project boundaries include a portion of the upstream channels, as impacts are inevitable when removing sediment.

PERMITTING REQUIREMENTS FOR INDIVIDUAL PROJECTS

A number of activities associated with the proposed Project may have the potential to impact waters of the State and, therefore, may require permits issued by either the State Water Resources Control Board (State Water Board) or Lahontan Water Board.

The required permits may include the following.

1. Land disturbance of more than 1 acre may require a CWA, section 402(p) storm water permit, including a National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit, Water Quality Order (WQO) 2022-0057-DWQ, obtained from the State Water Board, or individual storm water permit obtained from the Lahontan Water Board.

2. Streambed alteration and/or discharge of fill material to a surface water may require a CWA, section 401 water quality certification for impacts to federal waters (waters of the U.S.), or dredge and fill waste discharge requirements for impacts to non-federal waters, both issued by the Lahontan Water Board

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Thank you for the opportunity to comment on the IS/MND. If you have any questions regarding this letter, please contact me at (760) 241-7305, [email protected] or Christina Guerra, Senior Engineering Geologist, at (760) 241-7333, [email protected]. Please send all future correspondence regarding this Project to the Water Board’s email address at [email protected] and be sure to include the State Clearinghouse No. and Project name in the subject line.

Tiffany Steinert
Engineering Geologist

cc: California Department of Fish and Wildlife ([email protected])

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RESPONSE TO COMMENT LETTER NO. 2

Tiffany Steinert, Engineering Geologist
California Regional Water Quality Control Board, Lahontan Region January 9, 2024

2-1 This comment acknowledges receipt and review of the Draft IS/MND, and provides introductory remarks related to the California Regional Water Quality Control Board, Lahontan Region’s (Water Board’s) comments.

An individual response to each specific comment is provided below. As such, no further response is necessary.

2-2 This comment defines the Water Board’s regulatory authority and summarizes the Clean Water Act, Water Quality Control Plan for the Lahontan Region ( Basin Plan), and other regulations governing water quality. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

2-3 The proposed project does not entail any new development; rather, the proposed project would involve routine maintenance activities associated with existing flood control facilities. As discussed in Chapter 2 , Project Description, typical maintenance activities would include vegetation removal or thinning, sediment removal, debris and trash removal, bank stabilization, and in-channel erosion repair. Maintenance activities would occur on an as-needed basis; the majority of flood control facilities are generally anticipated to receive maintenance activities either twice annually, annually, or after significant storm events. The majority of flood control maintenance work would be accomplished within 8 to 10 hours or generally within one day, with the exception of a small subset of facilities which may take up to 36 hours. The proposed maintenance activities would not expand the capacity of existing flood control facilities, nor would drainage channels and flow paths be altered.

Rather, the project would simply maintain existing capacities in order to ensure adequate flood protection and public safety.

Given the nature of the project as described above, and as discussed in Section 4.10, Hydrology and Water Quality, the proposed project would not increase impervious surface area and does not propose any new uses that could create or contribute runoff water into existing stormwater drainage systems in the project area.

However, the project would comply with the requi rements of the Construction General Permit under the National Pollution Discharge Elimination System (NPDES) program, which would require the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) and associated Best Management Practices (BMPs) to minimize erosion and siltation during construction activities. Further, the project would restore the City’s flood control system to its baseline design capacity, stabilize soils and reduce erosion in the project area, and reduce the risk of flooding within the project area.

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2-4 As discussed in Section 4.10 , the project would comply with the requirements of the Construction General Permit under the NPDES program, which would require the preparation and implementation of a SWPPP and associated BMPs to minimize erosion and siltation during construction activities . Specifically, Response

4.10(a) states that these BMPs would include measures to contain runoff from vehicle washing at the construction site, prevent sediment from disturbed areas from entering the storm drain system using structural controls (e.g., sand bags at inlets), and cover and contain stockpiled materials to prevent sediment and pollutant transport. Nonetheless, the Final IS/MND has been updated as follows to include specific language consistent with standard BMPs per the Storm Water Management Program for the Mojave River Watershed (2005):

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The project’s construction activity would be subject to the NPDES General Construction Permit, as discussed above, because it involves vegetation removal, clearing, excavation, and disturbances to the ground, and a construction site with soil disturbance greater than 1.0 acre in total. The project would be required to obtain applicable permits from the Lahont
an RWQCB pertaining to waste discharge
requirements. More specifically, as part of project’s compliance with NPDES requirements, the City would be required to submit a Notice of Intent to the Lahontan RWQCB providing notification of intent to comply with the General Construction Permit. The SWPPP is required to outline the erosion, sediment, and non - stormwater BMPs proposed to minimize the discharge of pollutants at the construction site. These temporary construction BMPs would include measures to contain runoff from vehicle washing at the construction site, prevent sediment from disturbed areas from entering the storm drain system using structural runoff controls (e.g., minimal vegetation clearing, designated construction entrances, check dams, filter berms, and/or riprap), erosion controls (e.g., mulching, temporary slope drain, dust control, and/or temporary stream crossings), and sediment controls (e.g., sand bags at inlets , silt fences, sand fences, temporary diversion dikes, and/or brush barri ers),. The project would also incorporate good housekeeping construction BMPs and cover and contain stockpiled materials to prevent sediment and pollutant transport. General construction site waste management would include trash disposal, recycling, proper material handling, and spill prevention and cleanup measures to properly cover materials that may be dispersed by wind, rainfall, or storm water runoff, and to prevent spills and leaks from hazardous materials that are improperly stored. Maintenance and w ashing of vehicles would be conducted in designated covered paved areas to eliminate improper connections from these areas to the storm drain system. Additional measures in these areas would include maintenance of vehicles and other equipment that may leak hazardous chemicals, covering of fuel drums and other materials that are stored outdoors, and properly handling and disposing of automotive wastes and wash water. Implementation of the BMPs would ensure runoff and discharges during the project’s construction activities do not violate applicable water quality standards. Additionally, the project would serve as a beneficial impact to water quality as the project would provide sediment removal, debris and trash removal, bank stabilization, and in- channel erosion repair. Compliance with NPDES requirements would reduce short -term construction -related impacts in this regard to a less than significant level.

2-5 The project consists of a City -wide routine maintenance program for 127 City -owned flood control faci lities and detention basins maintained by the City of Victorville Public Works Department . The extent of maintenance activities would occur based on the as-built or established baseline, contained within the Victorville Master Plan of Drainage , of the flood control facility and would not increase or expand facility capacity beyond the original design.

2-6 Typical maintenance activities include vegetation removal or thinning, sediment removal, debris and trash removal, bank stabilization, and in -channel erosion repair. Debris and sediment disposal would occur at Cypress Yard (Assessor’s Parcel Number 3092 -341-02), a City of Victorville Public Works Department property located in the southeastern region of the City.

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2-7 The project proposes to repair existing flood control facilities through routine maintenance in order to reverse damage due to scour, undermining, piping, cracking, and stress on the existing infrastructure . In order to return the facilities to a safe and stable condition, the project would utilize earthen materials and rock or riprap to stabilize eroded banks and fill eroded channels where the facilities are present; the use of concrete or concrete lining (which could increase flow velocities downstream) for th ese repairs is not included in the proposed project. The extent of sediment removal would occur to the as -built or established maintenance baseline of the flood control facility and would not increase or expand facility capacity beyond the original design. As such, through bank stabilization and in-channel erosion repair, the project would remove excess accumulated sediment that may inhibit the established flow line and reduce flood capacity and help reduce soil erosion and loss of topsoil within the City’s flood control system. As a maintenance activity, the project is not anticipated to result in significant impacts related to altered flow velocities.

2-8 As part of the proposed project, a City -Wide Environmental Maintenance Permits for Ephemeral Washes Project City of Victorville, County of San Bernardino, California, Delineation of State and Federal Jurisdictional Waters (Jurisdictional Delineation), dated December 2020, was prepared by Micheal Baker International. The Jurisdictional Delineation analyzed project impacts on State and Jurisdictional Waters, the conclusions of which are included in Section 4.4, Biological Resources, of the Draft IS/MND.

As summarized in Table 4.4-1, Summary of State and Federal Jurisdictional Areas Within the Project Site, of the IS/MND, and as detailed in Table 1A, Northwest Quadrant - Summary of Aquatic Resources and Jurisdictional Limits within the Project Site , through Table 1D, Southeast Quadrant - Summary of Aquatic Resources and Jurisdictional Limits within the Project Site and depicted in Appendix A, Jurisdictional Maps, of the Jurisdictional Delineation, the project would permanently impact approximately 15.61 acres of U.S.

Army Corps of Engineers (Corps) jurisdiction (nonwetland waters of the U.S. [WoUS]), 46.94 acres of Regional Board jurisdiction (45.91 acres non-wetland waters of the State and 1.03 acre wetland waters of the State), and 80.16 acres of California Department of Fish and Wildlife ( CDFW) jurisdiction (jurisdictional streambed/associated riparian vegetation). Based on the analysis conducted for the project site and proposed improvements, the City w ould obtain a Clean Water Act Section 404 Permit (Nationwide Permit) from the Corps, a Section 1602 Lake or Streambed Alteration Agreement from the CDFW, and a Clean Water Act Section 401 Water Quality Certification and a Waste Discharge Requirements (WDR) from the Regional Water Quality Control Board (RWQCB). Upon obtaining the required permits, as required under existing Federal and State law, impacts in this regard would be less than significant.

2-9 The appendix referenced by the commenter is related to the Habitat Assessment prepared for the project, which pertains to flora, fauna, and vegetation conditions at each of the sites. This appendix is not intended to address site conditions relevant to Water Board jurisdiction; rather, this requested information is provided within the Delineation of State and Jurisdictional Waters, which was also provided with the Draft IS/MND.

2-10 The Jurisdictional Delineation prepared for the project delineated all areas that would undergo maintenance activities under the proposed project; refer to Exhibit 3A, Project Site, through Exhibit 3D, Project Site, of the Jurisdictional Delineation. Each survey area included a 100-foot buffer and accurately analyzes the upstream and downstream impacts associated with the proposed project.

2-11 This comment is noted. The City will acquire all applicable permits and approvals from the Water Board, and has already initiated consultation with the Water Board in anticipation of approvals required under Section 401 of the Clean Water Act.

2-12 This paragraph includes contact information for the Water Board, and does not address the Draft IS/MND’s adequacy or relate to an environmental issue. No response is necessary.

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RESPONSE TO COMMENT LETTER NO. 3

Brandon Cruz, P.E., Regional Engineer
California Department of Water Resources, Southern Region, Division of Safety and Dams December 28, 2023

3-1 This comment acknowledges receipt and review of the IS/MND, and summarizes the project description. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

3-2 This comment provides the criteria for a State jurisdictional structure – specifically a dam, states that the proposed project does not meet this criteria, and provides next steps if the project design were to change and consequently alter the heights or s torage capacities of any City flood control facilities or detention basins, thereby resulting in State jurisdiction. It does not address the Draft IS/MND’s adequacy or relate to an environmental issue. As such, no further response is necessary.

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PART III: ERRATA

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February 2024 3-1 Errata

3.0 ERRATA

Changes to the Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) are noted below, and reflect minor administrative revisions initiated by the lead agency. A double -underline indicates additions to the text; strikeout indicates deletions to the text. Changes are listed by page of the Draft IS/MND. These minor administrative revisions have been added per CEQA Guidelines Section 15073.5(c)(4), which is provided for when “new information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant changes to the negative declaration.” Thus, recirculation of the Draft IS/MND is not required under CEQA.

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No desert kit fox or sign (i.e., denning sites, burrow complexes, scat) were observed within or adjacent to the survey areas during the 2020 field surveys. The project site contains suitable habitat for this species, including creosote bush scrub and rubber rabbitbrush scrub. However, due to widespread habitat loss and fragmentation in this area, the individual survey areas are in many cases isolated from direct connectivity to natural habitat outside of small blocks of open space between existing development. In addition, the general Victorville area appears to be generally considered as “unsuitable” for this species, presumably due to the extensive development between Hesperia, Victorville, and Adelanto, although areas outside of the project vicinity are labeled on the map as mostly “fair,” with pockets of “marginal” and “good” habitat. As a result, desert kit fox has a low potential to occur within any of the survey areas. Yet, as a protected fur -bearing mammal, the desert kit fox would be included in clearance surveys under Mitigation Measure BIO-4 to ensure the species is not present on site.

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The MBTA prohibits activities that result in the direct take (defined as killing or possession) of a migratory bird. The proposed project has the potential to impact nesting birds if construction activities occur during the nesting season.

Mitigation Measure BIO-2 has been provided to reduce impacts in this regard to less than significant levels. Although BUOW, burrows, or signs were not observed during the field surveys, implementation of Mitigation Measure BIO-3 would be required to reduce potential impacts to BUOW would be reduced with implementation of Mitigation Measure BIO-3. Mitigation Measure BIO -3 would require pre- construction surveys to ensure that BUOW rem ain absent from the project site and impacts to BUOW are avoided.

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The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special-status plants and sensitive natural communities that may be present. The results of the survey shall be documented in a letter report. If individual or populations of special - status plant species are found within the areas proposed for disturbance, the plants shall be avoided with an appropriate buffer (i.e., fencing or flagging) measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow the 2018 California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to S pecial Status Native Plant Populations and Sensitive Natural Communities and/or 2001 California Native Plant Society (CNPS) guidelines. For any portion(s) of the project site where focused rare plant surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid until the beginning of the blooming period the following year (i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same location, provided the activities occur prior to the following blooming period).

Although not expected, if State- and/or federally-listed plant species and/or special-status vegetation communities are present and avoidance is infeasible, consultation with the CDFW and/or U.S. Fish and Wildlife Service (USFWS) would be required and an Incidental Take Permit(s) from the CDFW and/or USFWS shall be obtained prior to the commencement of maintenance activities. If complete avoidance of a special-status vegetation community is not feasible, the City of Victorville shall mitigate for the loss of the vegetation community through the purchase of mitigation credits from a CDFW - approved bank and/or land acquisition at a ratio deemed appropriate through consultation with CDFW.

If during the focused rare plant survey effort suitable plants providing habitat for Crotch bumble bee are detected (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiel la, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema), a qualified biologist shall conduct preconstruction surveys for Crotch bumble bee, generally following the U.S. Fish and Wildlife Service protocol for the Rusty patched bumble bee. If the Crotch bumblebee is detected during the preconstruction survey, project activities shall not occur in occupied habitat areas and the CDFW shall be consulted to minimize impacts in this regard.

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February 2024 3-3 Errata
of birds protected by the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code (CFGC), a nesting bird survey should be conducted within each survey area no earlier than seven days prior to the commencement of maintenance activities in that area. If work does not occur within seven days following the nesting bird survey, an additional survey will be required.

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In accordance with the 2012 Staff Report California Department of Fish and Wildlife (CDFW) Staff Report on Burrowing Owl Mitigation , two pre -construction clearance surveys shall be conducted in survey areas containing potential to support BUOWs, with the first survey occurring 14 -30 days prior to any vegetation removal or ground disturbing activities occurring and the second survey occurring 24 hours prior to disturbance. If work does not begin within these survey windows, an additional survey will be required. Once surveys are completed, the qualified biologist shall prepare a final report documenting surveys and findings. If no BUOWs or occupied burrows are de tected, project activities may begin. If an occupied burrow is found within the project site during pre- construction clearance surveys, a BUOW exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating project activities.

If burrowing owl, active burrowing owl burrows, or sign thereof are found the qualified biologist shall prepare and implement a plan for avoidance, minimization, and mitigation measures to be reviewed and approved by CDFW prior to commencing project activities. The plan shall include mitigation for permanent loss of occupied burrow(s) and habitat. Mitigation for impacts may include, but would not be limited to, mitigation lands that may require habitat enhancements including enhancement or expansion of burrows for breeding, shelter and dispersal opportunity, and removal or control of population stressors. Mitigation, and the appropriate ratio, shall be developed in consultation between the City and CDFW.

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February 2024 3-4 Errata
to maintenance work occurring. S ites where surveys shall be conducted are listed in Appendix B of the Habitat Assessment; refer to Appendix B , Biological Resources Reports . Surveys shall be conducted by a qualified biologist(s) who has previously conducted desert tortoise and desert kit fox surveys in suitable habitat and/or who has specifically attended the annual “Introduction to Desert Tortoises” workshop hosted by the Desert Tortoise Council in Ridgecrest. Should maintenance work be scheduled outside of the nesting season, thereby e liminating the need for implementation of Mitigation Measure BIO-2, the qualified biologist(s) shall still survey the final impact boundaries and a 100-foot buffer at each survey area with suitable habitat for desert tortoise and desert kit fox. For any portion(s) of the project site where desert tortoise and desert kit fox surveys are conducted in accordance with applicable agency protocol, the survey results shall be valid for one year from the date of the survey (i.e., desert tortoise surveys do not need to be reconducted for recurring
maintenance activities at the same location, provided the activities occur within one year of the survey).

Should desert tortoise and/or desert kit fox, their its signs, or their its burrows be found in these areas or any other survey areas, the City of Victorville shall discuss the appropriate avoidance measures with the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) to incorporate during maintenance operations or, if avoidance is not feasible, appropriate consultation requirements under the Federal Endangered Species Act (FESA) and California Endangered Species Act (CESA).

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Less Than Significant Impact With Mitigation Incorporated. According to the Habitat Assessment, the record search and literature review did not identify any special -status vegetation communities as having been reported within the USGS Adelanto, Apple Valley North, Apple Valley South, Baldy Mesa, Helendale, Hesperia, Phelan, Shadow Mountains SE, Shadow Mountains, Turtle Valley, Victorville NW, and Victorville 7.5-minute quadrangles by the CNDDB. Of the communities that were mapped during the field surveys, Nevada joint fir – Anderson’s boxthorn – spiny hop sage scrub, winter fat scrubland, and arroyo willow thickets are designated as sensitive communities by CDFW’s California Natural Community List. Two additional “disturbed” vegetation communities mapped during the field surveys include disturbed Ne vada joint fir – Anderson’s boxthorn – spiny hop sage scrub and disturbed cottonwood forest and woodland. Based on the Habitat Assessment and Jurisdictional Delineation prepared for the project, riparian habitat occurs on -site in association with multiple flood control facilities; however, prior to
commencement of construction activities, a Section 1602 Streambed Alteration Agreement would be required from the CDFW, which would minimize impacts to on -site riparian vegetation (refer to Response 4.4(c), belo w, for additional information regarding regulatory permits required for the project). Additionally, Mitigation Measure BIO-1 would require focused rare plant survey be conducted prior to the start of maintenance activities, and during the appropriate blooming periods for special-status plant species with the potential to occur within the project site, and for special-status vegetation communities with the potential to occur within the project site, to determine presence or absence of special -status plant s pecies and/or special-status vegetation communities. Thus, impacts in this regard would be less than significant.

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e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

Less Than Significant Impact. Based on the Habitat Assessment prepared for the proposed project, there are no Western Joshua Trees (WJT) within proposed work areas associated with the project, and no impacts to WJT would occur as part of the project. However, the WJT is a candidate threatened species under the California Endangered Species Act (CESA). Under CESA, species classified as CESA candidate species are afforded the same protection as CESA-listed species. WJT removal, relocation, replanting, trimming or pruning, or any similar activity may result in take of WJT. Take of any CESA-listed species is prohibited except as authorized by state law. If project activities

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February 2024 3-5 Errata
are expected to result in a take of the WJT, acquisition of a CESA Incidental Take Permit (ITP) under Section 2081 of CESA, or any other appropriate take authorization under CESA or under the Western Joshua Tree Conservation Act (WJTCA) of Fish and Game Code, would be required.

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The project’s construction activity would be subject to the NPDES General Construction Permit, as discussed above, because it involves vegetation removal, clearing, excavation, and disturbances to the ground, and a construction site with soil disturbance greater than 1.0 acre in total. The project would be required to obtain applicable permits from the Lahontan RWQCB pertaining to waste discharge requirements. More specifically, as part of project’s compliance with NPDES requirements, the City would be required to submit a Notice of Intent to the Lahontan RWQCB providing notification of intent to comply with the General Construction Permit. The SWPPP is required to outline the erosion, sediment, and non -stormwater BMPs proposed to minimize the discharge of p ollutants at the construction site. These temporary construction BMPs would include measures to contain runoff from vehicle washing at the construction site, prevent sediment from disturbed areas from entering the storm drain system using structural runoff controls (e.g., minimal vegetation clearing, designated construction entrances, check dams, filter berms, and/or riprap), erosion controls (e.g., mulching, temporary slope drain, dust control, and/or temporary stream crossings), and sediment controls (e.g., sand bags at inlets, silt fences, sand fences, temporary diversion dikes, and/or brush barriers),. The project would also incorporate good housekeeping construction BMPs and cover and contain stockpiled materials to prevent sediment and pollutant transport. General construction site waste management would include trash disposal, recycling, proper material handling, and spill prevention and cleanup measures to properly cover materials that may be dispersed by wind, rainfall, or storm water runoff, and to prevent spills and leaks from hazardous materials that are improperly stored. Maintenance and washing of vehicles would be conducted in designated covered paved areas to eliminate improper connections from these areas to the storm drain system. Additional measures in these areas would include maintenance of vehicles and other equipment that may leak hazardous chemicals, covering of fuel drums and other materials that are stored outdoors, and properly handling and disposing of automotive wastes and wash water. Implementation of the BMPs would ensure runoff and discharges during the project’s construction activities do not violate applicable water quality standar ds.

Additionally, the project would serve as a beneficial impact to water quality as the project would provide sediment removal, debris and trash removal, bank stabilization, and in -channel erosion repair. Compliance with NPDES requirements would reduce short-term construction-related impacts in this regard to a less than significant level.

PART IV: MITIGATION MONITORING &

REPORTING PROGRAM

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MITIGATION MONITORING AND REPORTING

PROGRAM

CEQA requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6).

In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting Program has been prepared for the proposed City-Wide Environmental Maintenance Permits For Ephemeral Washes Project.

This Mitigation Mon itoring and Reporting Program is intended to provide verification that all mitigation measures identified in the Initial Study prepared for the project are monitored and reported. Monitoring will include 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the project file.

This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the project, but also allows the City of Irvine flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented.

Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps:

• The City distributes reporting forms to the appropriate entities for verification of compliance.

• Departments/agencies with reporting responsibilities will review the Initial Study , which provides general background information on the reasons for including specified mitigation measures.

• Problems or exceptions to compliance will be addressed to the City as appropriate.

• Periodic meetings may be held during project implementation to report on compliance of mitigation measures.

• Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review.

• The City prepares a reporting form periodic ally during the construction phase and an annual report summarizing all project mitigation monitoring efforts.

• Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals.

Minor changes to the Mitigation Monitoring and Reporting Program , if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6.

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MITIGATION MONITORING AND REPORTING CHECKLIST

Mitigation
Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks

BIOLOGICAL RESOURCES
BIO-1 Prior to maintenance activities occurring, and during the appropriate blooming periods for special -status
plant species with the potential to occur within the
project site, a qualified botanist shall conduct a
focused rare plant survey in areas with suitable
habitat for sagebrush loeflingia, Beaver Dam
breadroot, pinyon rockcress, desert cymopterus,
Mojave monkeyflower, short -joint beavertail,
Latimer’s woodland -gilia, and Booth’s evening-
primrose to determine presence or absence of
special-status plant species. The surveys shall also
survey for occurrences of special -status vegetation
communities with the potential to occur within the
project site. Sites where surveys shall be conducted
are listed in Appendix B of the Habitat Assessment;
refer to Appendix B, Biological Resources Reports .

The surveys shall be floristic in nature (i.e., identifying all plant species to the taxonomic level necessary to
determine rarity), and shall be inclusive of, at a
minimum, areas proposed for disturbance. The
botanical field surveys shall be conducted at the
appropriate time of year when plants will both be
evident and identifiable (usually, during flowering or
fruiting) and, in a manner, which maximizes the
likelihood of locating special -status plants and
sensitive natural communities that may be present.

The results of the survey shall be documented in a
letter report. If individual or populations of special - status plant species are found within the areas
proposed for disturbance, the plants shall be avoided
with an appropriate buffer (i.e., fencing o r flagging).

Completion of
Focused Rare
Plant Surveys
During Blooming
Periods - Valid
For One Year;
Incidental Take
Permit(s)
Prior to
Maintenance
Activities
Project Biologist;
California
Department of Fish
and Wildlife; U.S.

Fish and Wildlife
Service

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Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
The surveys and reporting shall follow the 2018
California Department of Fish and Wildlife (CDFW)
Protocols for Surveying and Evaluating Impacts to
Special Status Native Plant Populations and
Sensitive Natural Communities. For any portion(s) of
the project site where focused rare plant surveys are
conducted in accordance with applicable agency
protocol, the survey results shall be valid until the
beginning of the blooming period the following year
(i.e., rare plant surveys do not need to be reconducted for recurring maintenance activities at the same
location, provided the activities occur prior to the
following blooming period).

Although not expected, if State- and/or federally-listed plant species and/or special -status vegetation
communities are present and avoidance is infeasible,
consultation with the CDFW and/or U.S. Fish and
Wildlife Service (USFWS) would be required and an
Incidental Take Permit(s) from the CDFW and/or
USFWS shall be obtained prior to the
commencement of maintenance activ ities. If
complete avoidance of a special -status vegetation
community is not feasible, the City of Victorville shall mitigate for the loss of the vegetation community
through the purchase of mitigation credits from a
CDFW-approved bank and/or land acquisit ion at a
ratio deemed appropriate through consultation with
CDFW.

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Number Mitigation Measure
Monitoring and
Reporting
Process
Monitoring
Milestones
Party Responsible
for Monitoring

VERIFICATION OF COMPLIANCE
Initials Date Remarks
Asclepias, Cirsium, Monardella, Keckiella, Acmispon,
Euthamia, Ehrendorferia, Vicia, and/or Trichostema),
a qualified biologist shall conduct preconstruction
surveys for Crotch bumble bee, gener ally following
the U.S. Fish and Wildlife Service protocol for the
Rusty patched bumble bee. If the Crotch bumblebee
is detected during the preconstruction survey, project
activities shall not occur in occupied habitat areas and the CDFW shall be consulted to minimize impacts in
this regard.

BIO-2 If project -related activities are to be initiated during the general avian nesting season (January 1st through
July 31st for raptors and February 1st through August
31st for other avian species), a qualified biologist shall conduct a pre- construction nesting bird survey for
avian species in every survey area to determine the
presence/absence, location, and status of any active
nests on or adjacent to the area proposed project site.

To avoid the destruction of active nests and to protect the reproductive success of birds protected by the
Migratory Bird Treaty Act (MBTA) and the California
Fish and Game Code (CFGC), a nesting bird survey
should be conducted within each survey area no
earlier than seven days prior to the commencement
of maintenance activities in that area. If work does not occur within seven days following the nesting bird
survey, an additional survey will be required.

In the event that active nests are discovered, the
extent of the survey buffer area surrounding the nest
should be established by the qualified biologist to
ensure that direct and indirect effects to nesting birds are avoided, and no maintenance activities within the
buffer allowed, until the biologist has determined that Completion of
Pre-Construction
Clearance Survey
for Nesting Birds
and Bats
Within 7 Days
Prior to
Maintenance
Activities
Project Biologist

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the nest(s) is no longer active (i.e., the nestlings have fledged and are no longer dependent on the nest).

In addition, a preconstruction survey for suitable bat
roosting habitat shall be conducted by a qualified
biologist prior to commencement of work. If suitable
roosting habitat is detected, the CDFW shall be
consulted to determine the appropriate steps to
determine the presence or absence of daytime,
nighttime, wintering and maternity roosting bats. For
sites determined to have suitable bat roosting habitat, work shall be conducted outside of the maternity
roosting season (March 1 through July 31) to the
extent practicable. If project activities are determined to affect bat roosts, appropriate measures (e.g., bat
roost, exclusion, replacement roost sites) shall be
implemented as appropriate in consultation with
CDFW.

BIO-3 Pre-construction burrowing owl (BUOW) clearance
surveys shall be conducted by a qualified biologist to
ensure that BUOWs remain absent from the project
site and impacts to BUOWs do not occur. Sites where
surveys shall be conducted are listed in Appendix B
of the Habitat Assessment; refer to Appendix B ,
Biological Resources Reports . In accordance with
the California Department of Fish and Wildlife
(CDFW) Staff Report on Burrowing Owl Mitigation,
two pre- construction clearance surveys shall be
conducted in survey areas containing potential to
support BUOWs, with the first survey occurring 14-30
days prior to any vegetation removal or ground
disturbing activities occurring and the second survey
occurring 24 hours prior to disturbance. If work does
not begin within these survey windows, an additional
survey will be required. Once surveys are completed,
Completion of 2
Pre-Construction
Clearance
Surveys for
Burrowing Owl
(BUOW)
First Survey
Occurring 14-30
Days Prior to
Vegetation
Removal and/or
Ground
Disturbing
Activities;
Second Survey
24 Hours Prior to
Vegetation
Removal and/or
Ground
Disturbing
Activities

Project Biologist;
California
Department of Fish
and Wildlife

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the qualified biologist shall prepare a final report
documenting surveys and findings. If no BUOWs or
occupied burrows are detected, project activities may
begin.

Mitigation for impacts may include, but would not be
limited to, mitigation lands that may require habitat
enhancements including enhancement or expansion
of
burrows for breeding, shelter and dispersal
opportunity, and removal or control of population
stressors. Mitigation, and the appropriate ratio, shall be developed in consultation between the City and
CDFW.

BIO-4 Desert tortoise and desert kit fox and their signs shall be searched for within suitable habitat for these
species during the nesting bird clearance surveys
(Measure BIO -
2) up to seven days prior to
maintenance work occurring. Sites where surveys
shall be conducted are listed in Appendix B of the
Habitat Assessment; refer to Appendix B, Biological
Resources Reports. Surveys shall be conducted by
a qualified biologist(s) who has previously conducted
desert tortoise and desert kit fox surveys in suitable
ha
bitat and/or who has specifically attended the
annual “Introduction to Desert Tortoises” workshop
hosted by the Desert Tortoise Council in Ridgecrest.

Should maintenance work be scheduled outside of
the nesting season, thereby eliminating the need for
Completion of
Pre-Construction
Clearance Survey
for Desert
Tortoise and
Desert Kit Fox -
Valid One Year
Simultaneously
With Mitigation
Measure BIO-2;
Within 7 Days
Prior to
Maintenance
Activities If
Outside Bird
Nesting Season;
Project Biologist;
California
Department of Fish
and Wildlife; U.S.

Fish and Wildlife
Service

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implementation of Mitigation Measure BIO -2, the
qualified biologist(s) shall still survey the final impact boundaries and a 100-foot buffer at each survey area
with suitable habitat for desert tortoise and desert kit fox. For any portion(s) of the project site where desert tortoise and desert kit fox surveys are conducted in
accordance with applicable agency protocol, the
survey results shall be valid for one year from the date of the survey (i.e., desert tortoise surveys do not need to be reconducted for recurring maintenance activities
at the same location, provided the activities occur
within one year of the survey). Should desert tortoise and/or desert kit fox, their signs, or their burrows be found in these areas or any other survey areas, the
City of
Victorville shall discuss the appropriate
avoidance measures with the U.S. Fish and Wildlife
Service (USFWS) and California Department of Fish
and Wildlife (CDFW) to incorporate during
maintenance operations or, if avoidance is not
feasible, appropriate consultation requirements under
the Federal Endangered Species Act (FESA) and
California Endangered Species Act (CESA).

CULTURAL RESOURCES
CUL-1 In the event that cultural resources are discovered during project activities, all work in the immediate
vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of
Interior standards shall be hired to assess the find.

Work on the other portions of the project outside of the buffered area may continue during this assessment
period. In the event the find is determined to be of
Native American origin, potentially affected tribes
(including the San Manuel Band of Mission Indians
[SMBMI] Cultural Resources Department) shall be
contacted, as detailed within Mitigation Measure TCR-
Review of
Archeological Plan
of Mitigation;
Monitoring and
Treatment Plan
During
Maintenance
Activities
Project
Archaeologist;
Potentially Affected
Tribes (including the
San Manuel Band of
Mission Indians
Cultural Resources
Department);
Construction
Contractor

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1, regarding any pre-contact and/or post-contact finds
and be provided information after the archaeologist
makes his/her initial assessment of the nature of the
find, so as to provide tribal input with regards to
significance and treatment.

If significant pre -contact and/or post -contact cultural resources, as defined by CEQA, are discovered and
avoidance cannot be ensured, the archaeologist shall
develop a Monitoring and Treatment Plan, the drafts of
which shall be provided to potentially affected tribes
(including SMBMI) for review and comment, as detailed
within Mitigation Measure TCR -1. The archaeologist
shall monitor the remainder of th
e project and
implement the Plan accordingly.

GEOLOGY AND SOILS
GEO-1 If evidence of subsurface paleontological resources is found during construction, excavation and other
construction activity in that area shall cease and the
construction contractor shall contact the City of
Victorville City Engineer. With direction from the City Engineer, a paleontologist certified by the County of
San Bernardino shall evaluate the find prior to
resuming grading in the immediate vicinity of the find.

If warranted, the paleontologist shall prepare and
complete a standard Paleontological Resources
Mitigation Program for the salvage and curation of the
identified resources.

Review of
Paleontological
Resources
Mitigation
Program; During
Construction
During
Maintenance
Activities
City of Victorville City
Engineer; Project
Paleontologist;
Construction
Contractor

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 If the construction contractor discovers unknown
wastes or suspect materials during construction that
are believed to involve hazardous waste or materials,
the construction contractor shall:

Review of
Remedial Action
Plan, In
Consultation With
Hazardous
During
Maintenance
Activities
City of Victorville
Engineering
Department; City of
Victorville Fire
Department;
Construction

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• Immediately cease work in the suspected
contaminant’s vicinity, and remove workers and
the public from the area;
• Notify the City of Victorville Engineering
Department and/or Fire Department;
• Secure the area as directed by the City of
Victorville Engineering Department and/or Fire
Department; and
• Notify the impleme nting agency’s Hazardous
Waste/Materials Coordinator.

A Hazardous Waste/Materials Coordinator shall be
appointed by the City and shall advise the responsible
party of further actions that shall be taken, if required.

Materials Lead
Agency
Contractor;
Hazardous
Waste/Materials
Coordinator

TRIBAL CULTURAL RESOURCES
TCR-1 In the event of the discovery of any pre-contact and/or post-contact tribal cultural resources as part ground
disturbing activities associated with the project,
potentially affected tribes (including the San Manuel
Band of Mission Indians [SMBMI] Cultural Resources
Department) shall be contacted, as detailed in
Mitigation Measure CUL-1. The potentially affected
tribe(s) shall be provided information regarding the
nature of the find, so as to provide tribal input with
regards to significance and treatment. Should the find be deemed significant, as defined by CEQA, a
Monitoring and Treatment Plan shall be created by the
archaeologist, in coordination with potentially affected tribes (including SMBMI), and all subsequent finds
shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents potentially
affected tribes (including SMBMI) for the remainder of
the project, should said tribe(s) elect to place a monitor on-site.

Review of
Archeological Plan
of Mitigation;
Monitoring and
Treatment Plan
During
Maintenance
Activities
Project
Archaeologist;
Potentially Affected
Tribes (including the
San Manuel Band of
Mission Indians
Cultural Resources
Department);
Construction
Contractor

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Any and all archaeological/cultural documents created
as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the City of Victorville for dissemination to potentially affected tribes (including SMBMI). The City of
Victorville and/or applicant shall, in good faith, consult with potentially affected tribes (including SMBMI)
throughout the life of the project.

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Victorville City CouncilFebruary 20, 2024

Victorville City Council
February 20, 2024