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HomeMy Public PortalAboutCanyon Springs DEIR Public Comment #26 (Dept of Fish and Wildlife)California Natural Resources Agency EDMUND G.BROWN,Jr..Governor DEPARTMENT OF FISH AND WILDLIFE charlton h.bonham,Director North Central Region 1701 Nimbus Road Rancho Cordova,CA 95670 (916)358-2900 www.wildlife.ca.gov March 1,2013 Truckee Community Development Department Attn:Denyelle Nishimori,Senior Planner 10183 Truckee Airport Road Truckee,CA 96161 dnishimorifStown oftruckee.com Subject:DEIR for the Canyon Springs Subdivision,(SCH#2004052060),County of Nevada,CA Dear Ms,Nishimori: On December,2012,the Department of Fish and Wildlife (CDFW)received a Notice of Availability from the Town of Truckee Community Planning Department regarding the draft Environmental impactReport (DEiR)for the Canyon Springs Subdivision (Project).The CDFW appreciates the Lead Agency's willingness to accept comments on the Project until March 6,2013.The comments provided hereinare based on ourreview of the DEIR. As a trustee for California's fish and wildlife resources,the CDFW has jurisdiction over the conservation,protection,and management offish,wildlife,native plants,and their habitat.As a responsible agency,the CDFW administers the California Endangered Species Act (CESA),the Native Plant Protection Act,and otherprovisions of the Fish and Game Code (FGC)that conserve the State's fish and wildlife pubic trust resources.The CDFW offers the following comments and recommendations on the proposed Project in our role as a trustee and responsible agency pursuant to the California Environmental Quality Act (CEQA),California Public Resource Code §21000 et seq. The CDFW's primary concerns relate to how the Project will have significant effects to the mule deer (Odocoileus hemionus)of the Verdisubunit of the Loyalton-Truckee deer herd and how the Project may lead to an increase in edge effects. The comments provided herein are based on the information provided in the DEIR,the CDFW's knowledge of sensitive and declining vegetative communities and wildlife species in the area. Comments herein are limited to the likely biological resource impacts from the proposed Project. Project Description The Project is located at the far eastern end of the Town of Truckee in the Canyon Springs area, immediately east of the denshire subdivision and approximately 1 mile south of Interstate 80.The Project would include 177 market-rate singlefamily lots ranging in size from 14,000 to 31,000square feet.The Project includes 100-foot to 300-foot visual buffers along the westerly border near the area of Edinburgh Drive and the northwest corner of the Project site.Approximately 176 acres will be dedicated to public open space and be permanently reserved by a conservation easement or dedication to the Town of Truckee/Truckee Donner Land Trust.The Project will require the construction of aroad network with primary access from Martis Peak Road,and a secondary access (torn Edinburgh Drive.The road network will require two vehicular access points,four bridges and Conserving California '$'WiWfc Since 1870 Ms.Nishimori March 1,2013 Page 2 of 7 other utilities related infrastructure.The Project also proposes a multi-use recreation area,along with a pedestrian and bicycle trail system. Impacts to the Loyalton-Truckee Deer Herd Movement.Migration and Foraging The Verdi sub-unit (VSU)of the Loyalton-Truckee mule deer herd (LTDH)are known to seasonally migrate duringthe spring and fall along the Truckee River Canyon through public and private properties,including the proposed Project site,(CDFG 1982,2010),and the prime summer range of the VSU includes the remaining undeveloped portionsof Martis Valley along with adjacent natural habitat in the greater Truckee area.CDFG's LTDH management plans (1982 and 2010)state that developments such as Glenshire and Martis Valley "removed many thousands of acres of high quality habitat from deer production"and that "mitigation measures recommended duringthe planning process for these developments have been generally inadequate,not truly meaningful and not complied with." Contrary to the conclusion of the DEIR,the CDFW believes that the Project will significantly impact foraging habitat and the migration corridor of the VSU LTDH.The DEIR does not provide adequate mitigation to reduce impacts to less-than-significant. In 2009,a joint effort to better understand the current activities of VSU deer began between the CDFW,the Nevada Department of Wildlife (NDOW),and local partners.This was initiated asa sister-project to work being done on the Sierra Valley sub-unit of the LTDH,and also in response to concerns about the proposed Project,its effect on deer,and joint agency concern about the sustainability of the VSU in both California and Nevada.Since that time,there has been ongoing monitoring around the Project site.Late in 2012,a fixed-wing telemetry point and satellite points from two different collared deer indicated the herd is using the Project site during migration. Surveys done through independent contracts have continuously verified deer presence within the area surrounding the Project site.From fall of 2010 to fall of 2012 apassive array of sixteen trail cameras was spread among fourlocations along the west and south side of Canyon Springs. Hundreds of deer,including fawns,does,and bucks were photographed by these cameras and this information indicates that deer use of Project site is very active,contrary to statements made in the DEIR.The preliminary data has shown that deer seem to have small summer home ranges, meaning that the deer photographed within the Project site will likely remain in the area for the duration of the summer before migrating to Nevada.Because of high site fidelity,deer that return to the area from the northeast along historical migration routes will find their path impeded and introduce high levels of ongoing disturbance by the Project. The open space areas proposed to minimize the impacts of the Project on deer habitat occur generally around the outside of the clustered development.CDFW acknowledges the efforts taken to cluster development and limit the footprint of the lots.However,the remaining open space areas will be cut by interior roads,pedestrian trails and footbridges,limiting deer movement and use of the site for foraging.This design makes it unlikely that wildlife would use this open space.A compilation of studies suggest that edge effects may influence mammal behavior and reproductive success an average of 300 feet from alteredhabitat (Bentrup 2008).Geographical Positioning System (GPS)data shows deer using virtually the same path during spring and fall migration and returning to the same areas for fawning and summer range.Having to travel farther (ie.around the Project)to get to summer or fawning areas impacts their energetics at a time when body conditions are depleted from the winter and females are pregnant.Thisdata indicates that deer rely on the Project site for foraging and migration and will be displaced regardless of the 176 discontinuous acres designated as open space. Ms.Nishimori March 1,2013 Page 3 of 7 Conflict with the Town of Truckee General Plan Data from the collared deer and trail cameras is still actively being collected;final interpretation and management recommendations will be made in the near future.This information should be included in the Town of Truckee's comprehensive plan for the management and protection of sensitive biological resources as stated in Action A4.1 of the General Plan (Town of Truckee 2005).The Project conflicts with the current General Plan as this area is used as a migratory corridor and providesvaluable foraging habitat to the VSU.Although goal COS-4 states the Town will strive to "protect areas of significant wildlife habitat and sensitive biological resources",this Project is likely a significant effect on the VSU given the information provided in this letter.In addition,goal COS-5 states the Town will strive to "maintain biodiversity among plant and animal species in the Town of Truckee and the surrounding areas,with special consideration of species identified as sensitive, rare,declining,unique or representing valuable biological resources (Town of Truckee 2005)."The VSU is a declining and valuable biological resource. Human Wildlife Interactions Direct mortality to deer is anticipated from increased traffic volume along Glenshire Road and newly created roads within the Project site.Although the Project proposes to install permanent signage indicating the presence of deer,these signs are used so commonly that most drivers fail to notice them or ignore them all together (Hughes et al.1996).The CDFW recommends installing temporary signs during the deer's migration season (May 1st to June 30th and October 15th to November 30th) informing drivers they have entered a deer migration corridor,as well as,enforcing a 20 mile per hour speed limit and installing speed bumps. Many free roaming dogswere captured on the trail cameras set up to monitor deer activity, indicating that deer presence could potentially be impacted by uncontrolled dogs.The DEIR proposes to implement a seasonal leash restriction that conflicts with the known migration timing and dogs will be allowed to roam under voice and visual control.These methods will not effectively minimize harassment by dogs that are not well trained to respond to these controls.Harassment of wildlife in this manner is a violation of Title 14 CCR Section 251.2 (Barclays 2013).The CDFW recommends including in the DEIR a measure for leash control of dogs enforced year-round within the Project site by including them in CC&Rs. Habitat Modification The DEIR proposes planting Jeffery pine saplings on approximately seven acres of the Project site. Tree planting is unlikely to improve deer foraging habitat.Quality foraging flora,particularly the highly nutritious fall bitterbrush,benefits from post-fire early successional conditions and open canopy.Planting trees would be a contradictory practice to mitigating for lost deer habitat. Conclusion The CDFW believes that further development in the Mart is and Glenshire areas,including but not limited to the Project,will lead to further significant decreases in the VSU population due to direct and indirect effects.Deer have been documented as using the Project site for foraging and migration.Deer movements will be limited and forced to use the remaining open space areas, increasing browsing pressure,leading to habitat degradation,resulting in decreased fawn survivorship and general adult deer body condition (Chad et al.2009).Concentrating deer numbers onto smaller areas makes them more vulnerable to disease and predation (McLeod 1997).In turn, this could increase the presence of predators in the community and the Project site including mountain lion (Puma concolor),American black bear (Ursus americanus)and coyote (Canis latrans), as predators tend to target deer with decreased body conditions (McLeod 1997).Additionally,the disturbance of Project construction,routine maintenance,noise,domestic pets (dogs),and habitat loss may have long-term population effects including the potential for the VSU to cease migrating into California from their winter range in Nevada.Due to the likely significant adverse effects to the Ms.Nishimori March 1,2013 Page 4 of 7 VSU LTDH the CDFW recommends acre for acre habitat replacement in the form of a conservation easement or fee tUle acquisition to protect foraging and migration habitat with.n the remaining migration corridor if the Project alternative is adopted. ?n?DXo^biologica,impacts from edge effects;resultingfromtheProjectWhennaturalhabitatisfragmented,it is concurrently reducedma rea.^dispe reed inLTatrixofhuman-modified habitat,and exposed to that matrix along its edges (Wilcox and Murphy1StoThi^P^ecS have indirect effects in Canyon Springs where they either do not currently exist or ex st to a lesser degree thanthey would with the Project.The area des.gnated as openso2esd^continuousacross the Project site and is bisected by roadways and pedestrian trails.Idge effec^such as disturbance by human caused noise and lighting,decreases in av.anS'Xd and Angelstam 1988),line-of sight disturbances,air and wate^b°rne propose mitigation measures to reduce any to a level j^c^tt^ZT^er (Picoides acrticus)inhabits boreal and montane forests of northernNorthAmericawhereSifstronglyassociatedwithburnedforests.In California,the spec.es .sfoundaArSSl^S^000 feet middle to higher elevations in inland mountains from the Oregon bordertothesouthernSierraNevada.The black-backed woodpecker occurs infrequently m most unburnedforestLpesbutoccursinthegreatestdensityinrecentlyburned(1-8 years post fire)forests w.thf°L kHIedSes Bond et al.2012).The DEIR disclosed the Project site has a history of fire andcontainssS"snags"which indicates potentially suitable habitat may be Present for the black-backeS woodpecker.Additionally,several sightings have been documented within 1.5 miles of the Project site (ebird.org,2013). On Januarv 6 2012 the black-backed woodpecker was designated a "candidate for listing"under Endangered Species Act (CESA)take authorization,should be obta.ned if the Project has the potential to result in take of a State-listed plant or wildlife species. The DEIR does not analyze the potential impacts to black-backed woodpecker TheiBmoval of the26snagsfromwithintheProjectsitemaycauseas.gn.ficant impact to the habrfat for thewoodoeckerTheCDFWrecommendsprovidingananalysisofimpactstotheback"back^dwoodSeckeand!ncluding appropriate mitigation measures to reduce any impacts to a les>-than-^SSSZS.At a minimSm,mitigation measures shou.d include focused surveys and the retention of snags within the Project site. ^.t iil t the Project has relied Ue^on^a%S^^^^part of deve.opments similarto the Project has relied ^exotfc non native plant species for decoration.However,some of these spec.es can spread tonaturala°eascausing native plant life to be replaced by exotic spec.es.As development occurs, Ms.Nishimori March 1,2013 Page 5 of 7 native plants may be replaced by exotic species,resulting in indirect impacts to the habitat of listed species such as modification or degradation of habitat. Trash Receptacles Any "covenants,codes and restriction"for this Project should include language regarding trash maintenance.Bears and other wildlife are often attracted to trash cans left out leading to a concentration of predators.All trash should be kept out of sight until immediately before trash pickup.It would benefit residents of the development to install bear proof trash receptacles to eliminate this potential problem.Taking steps to eliminate trash in rural residential areas with bear habitat is a dead bear as a result of property damage or harm to humans. Jurisdictional Riparian Habitat The DEIR does not state which features of the Project are under the jurisdiction of the CDFW,nor does it state that a Lake or Streambed Alteration (LSA)Agreement is needed.Notification to the CDFW is required,pursuant to FGC §1600 et seq.,for proposed projects that may:divert,obstruct, or change the natural flow or the bed,channel or bank of any river,stream,or lake;use material from a streambed;or result in the disposal or deposition of debris,waste,or other material where it may pass into any river stream,or lake.The proposed Project will result in alterations to the riparian habitat of Buck Creekand the unnamed creek when constructing all crossings proposed for the Project,including pedestrian footbridges.In issuing a LSA Agreement,the CDFW will be acting as a Responsible Agency pursuant to CEQA.The CDFW is required by California Code of Regulations Title 14 Chapter 3 (CEQA Guidelines)§15096 to review the CEQA document certified by the Lead Agency approving the Project and,from that review,to make certain findings concerning the activities'potential to cause significant,adverse environmental effects.Therefore,it is important that the DEIR address all of the potential biological streambed alteration impacts and propose feasible mitigation.This will reduce the need for the CDFW to require additional environmental review for preparation of the LSA Agreement. The impacts from the installation of thebridge include but are not limited to:soil compaction or other disturbance,loss or decline of in stream channel habitat,disruption to nesting birds,reptiles and other wildlife.The DEIR should include specific,enforceable measures to be carried out onsite or within the same stream system that will avoid,minimize and/or mitigate for Project impacts to the natural resources.These measures may include,but are not limited to,the following: 1.Protection and maintenance of the riparian,wetland,stream orlake systems to ensure a "no-net-loss"of habitat value and acreage.Vegetation removal should not exceed the minimum necessary to complete operations; 2.Cover Excavations and open pipes.Unattended,open excavations shall be properly covered to prevent wildlife entrapment.Open ends of pipes,conduits and similar materials shall be covered to exclude wildlife.Such materials shall be checked for signs of wildlife prior to disturbance; 3.Delineation of buffers along streams and wetlands to provided adequate protection to the aquatic resource.No grading or construction activities should be allowed within these buffers; 4.Placement of construction materials,spoils or fill,so that they cannot be washed into a stream or lake; Ms.Nishimori March 1,2013 Page 6 of 7 5 Prevention of downstream sedimentation and pollution.Provisions may include butnot be limited to oil/grit separators,detention ponds,buffering filter strips,silt barriers,etc.,to prevent downstream sedimentation and pollution;and 6 Restoration plans must include quantifiable performance standards and pertinent information such as the types of vegetation to be planted,the timing of implementation, and contingency plans if the replanting is not successful.Restoration of disturbed areas should utilize native vegetation. The use of products with plastic monofilament or cross joints in the nettingthat are bound/stitched (such as found in straw wattles/fiber rolls and some erosion control blankets)which may cause entrapment of wildlife,should not be used for erosion control.Additionally,any non-biodegradable materials used for erosion control,such as silt fencing,should be removed upon Project completion. The prop'oTed Project will have an impact to fish and/or wildlife habitat and should be evaluated in such a manner to reduce its impacts to biological resources.Assessment of fees under Public Resources Code §21089 and as definedby FGC §711A is necessary.Fees are payable by the project applicant upon filing of theNotice of Determination by the lead agency. Pursuant to Public Resources Code §21092 and §21092.2,the CDFW requests written notification of proposed actions and pending decisions regarding the Project.Written notifications shall be directed to:California Department of Fish and Wildlife Region 2,1701 Nimbus Road,Rancho Cordova,CA 95670. Thank you for considering our concerns with the adequacy of the DEIR.The CDFW personnel are available for consultation regarding biological resources and strategies to minimize impacts.If you have questions please contact Tanya Sheya,Environmental Scientist,by e-mail at Tanya.Sheya@wildlife.ca.gov or by phone at (916)358-2953. „, Tina Bartlett Regional Manager ec:Jeff Drongesen Isabel Baer Jennifer Navicky Tanya Sheya Sara Holm Department of Fish and Wildlife State Clearinghouse Ms.Nishimori March 1,2013 Page 7 of 7 References Andren,H.and Angelstam.1988 (Andren andAngelstam 1988).Elevated predation rates asan edge effect in habitat islands:experimental evidence.Ecology 64:1057-1068. Barclays Official California Code of Regulations.2013 (Barclays 2013).Title 14.Natural Resources Division 1.Fish and Game Commission-Department of Fish and Game Subdivision 2.Game and Furbearers Chapter 1.General Provisions and Definitions (Refs &Annos)§251.1. Harassment of Animals. Bentrup,G.2008.(Bentrup 2008)Conservation buffers:design guidelines for buffers,corridors,and greenways.Gen.Tech.Rep.SRS-109.Asheville,NC:USDA,Forest Service,Southern Research Station.Accessed online February 19,2013 http://nac.unl.edU/bufferquidelines/qLiidelines/2 biodiversitv/IO.html Bond,M.L.,R.B.Siegel and,D.L Craig,editors.2012.(Bond et al.2012)A Conservation Strategy for the Black-backed Woodpecker (Picoides articus)in California.Version 1.0.The Institute for Bird Populations and California Partners in Flight.Point Reyes Station,California. California Department of Fish and Game.1982 (CDFG 1982).Loyalton-Truckee Deer Herd Plan. California Department of Fish and Game,Sacramento,USA. California Department of Fish &Game.2010 (CDFG 2010).INTERSTATE DEER PROJECT Loyalton-Truckee Deer Herd Report and Management Plan Update (Habitat Sections Only), Sacramento,USA. Chad,J.B.,Gary,C.W.,David,J.F.,Bruce,E.W.,&Thomas,R.S.2009.(Chad et al.2009)Effect of enhanced nutrition onmule deer population rateof Change/El efecto de la nutrition aumentada en la tasa de cambio poblacional de venados bura (odocoileus hemionus)/Effet d'un complement d'alimentation sur le taux de croissance d'une population de cerfs mulet. Wildlife Monographs,(172),1-28. Dixon,R.D.,and V.A.Saab.2000.(Dixon and Saab 2000)Black-backed Woodpecker (Picoides arcticus).The Birds of North America Online (A.Poole,editor).Available: http://bna.birds.cornell.edu/bna/species/509.(Accessed:February 27,2013). eBird.2013.(eBird.org 2013)eBird:An online database of bird distribution and abundance [web application].eBird,Ithaca,New York.Available:http://www.ebird.org.(Accessed:February 27,2013). Hughes,W E.,A.R.Saremi and J.P Paniati.1996 (Hughes et al.1996)Vehicle animal crashes:an increasing safety problem.Institute of Transportation Engineers Journal 66:24-28. McLeod,S.R.1997.(McLeod 1997)Is the concept of carrying capacity useful in variable environments?Oikos 79:529-542. Wilcox,B.A.,and D.D.Murphy.1985.(Wilcox and Murphy 1985)Conservation strategy:The effects of fragmentation on extinction.American Naturalist 125:879-887.