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Home My Public Portal AboutPublic Comment #17 (CA Dept of Fish and Wildlife)California Natural Resources Agency EDMUND G.BROWN,Jr.,Governor DEPARTMENT OF FISH AND WILDLIFE charltonh.bonham,Director North Central Region 1701 Nimbus Road Rancho Cordova,CA 95670 {916)358-2900 www.wildlife.ca.gov April 11,2013 Truckee Community Development Department Attn:Jenna Endres,Associate Planner 10183 Truckee Airport Road Truckee,CA 96161 jendresi@townoftruckee.com Subject:IS/MND for the Tahoe Donner Association Donner Lake Marina Facility Improvement Project,(SCH#2013032040),Town of Truckee,CA Dear Ms.Endres: The California Department of Fish and Wildlife (CDFW)is providing comments on the Draft Initial Study/Proposed Mitigated Negative Declaration (IS/MND)for the Tahoe Donner Association Donner Lake Marina Facility Improvement Project (project)as both a trustee agency and responsible agency under the California Environmental Quality Act (CEQA).As trustee for the State's fish and wildlife resources,the CDFW has jurisdiction over the conservation, protection,and management of fish,wildlife,native plants,and the habitat necessary for biologically sustainable populations of such species.The CDFW may also be a responsible agency for a project affecting biological resources where we will exercise our discretion after the lead agency to approve orcarry out a proposed project or some facet thereof. The proposed project includes several improvements to the Donner Lake Marina.The improvements wiil include an outdoor dining patio with new lighting,aseries of new illuminated walkways and retaining walls,the removal of 20 Jeffrey Pine (Pin us Jeffrey!)trees larger than 6-inches diameter at breastheight and new landscaping throughout the facility. The proposed project is located on the northeast side of Donner Lake;approximately Latitude 39°19'32"N,Longitude 120°14'18"W in the Town of Truckee,California.Several special- status species and other sensitive resources may beimpacted with implementation of the proposed project.It is unclear based on the information provided in the IS/MND whether a habitat assessment was conducted.The CDFW identified several special status species that have the potential to occur in the project vicinity,including willow flycatcher (Empidonax traillii), and Tahoe yellow cress {Rorippa subumbellata),by querying the United States Fish and Wildlife Service (USFWS),Sacramento Office online species list (USFWS 2012),and the CDFW's California Natural Diversity Database (CNDDB)Rarefind program (DFG 2012)(see attachments).In order to fully analyze the potential impacts to sensitive wildlife and plants,it is recommended that surveys be conducted to identify all the sensitive resources that may be impacted by the proposed project.These include but are not limited to the resources discussed below.Additional survey information may reveal resources not previously identified in the region. Special status Species The CDFW recommends searching the USFWS,Sacramento Office online species list (USFWS 2012),the CDFW's CNDDB Rarefind program (DFG 2012),and the California Native Plant Conserving California's WifcfCife Since 1870 Ms.Endres April 11,2013 Page 2 of 3 Society's online inventory (CNPS 2012)(see References).The databasesearches should be queried for the Truckee,CA United States Geologic Survey (USGS)topographical 7.5-minute quadrangle and surrounding eight quadrangles. A preliminary search of the CNDDB shows that State-listed species may occur in the vicinity of the proposed project;including willow flycatcher,and Tahoe yellow cress.A biologist should conduct a habitat assessment survey of the areas of permanent and temporary impactsas well as a buffer of that area to determine the potential for direct and indirect impacts to special-status species that may occur as a resultof the proposed project activities.Indirect impacts may occur from effects to water quality,as well asan increase in noise,light and vibration. Potential impacts torare plants from the project could not be evaluated.If habitat is confirmed to be present after an on-site evaluation,we recommend conducting floristic surveys as described in CDFW's Protocols for Surveying and Evaluating Impacts to Special StatusNative Wart Populations and Natural Communities (DFG 2009).These guidelines suggest rare plant surveys be conducted at the proper time of year when rare or listed species are both "evident and identifiable.As stated in the rare plant surveys guidelines (DFG 2009),surveysshould be comprehensive over the entire site,"including areas that will be directly or indirectly impacted by ttva project"If floristic survey results are positive for the presence ofrare plants,determine whether significant impact may occur and formulate mitigation measures priorto project approval. TtepropoTed project will have an impact tofish and/or wildlife habitat and should be evaluated in such a manner to reduce its impacts to biological resources. Thank you for considering our concerns with the adequacy of the IS/MND.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. Sincerely Tina Bartlett Regional Manager ec:Jeff Drongesen Isabel Baer Tanya Sheya Department of Fish and Wildlife State Clearinghouse Ms.Endres April 9,2013 Page 3 of 3 References California Department of Fish and Game (DFG).2013.California Natural Diversity Database (CNDDB),Biogeographic Data Branch,Rarefind Version 4.Government version dated April 2,2013.Accessed on April 3,2013. California Department of Fish and Game (DFG).2009.Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities.November 24,2009. http://www.dfQ.ca.Qov/bioaeodata/cnddb/pdfs/Protocols for Surveying and Evaluating lmpacts.pdf California Native Plant Society (CNPS).2012.Inventory of Rare and Endangered Plants (online edition,v8-01a).California Native Plant Society.Sacramento,CA. United States Fish and Wildlife Service (USFWS).2013.Species List for the Truckee,California United States Geologic Survey (USGS)topographical 7.5-minute quadrangle and surrounding quadrangles.Accessed on April 3,2013. Sacramento Fish &Wildlife Office Species List Page 1 of 4 U.S.Fish &Wildlife Service Sacramento Fish &Wildlife Office Federal Endangered and Threatened Species that Occur in or may be Affected by Projects in the Counties and/or U.S.G.S.7 1/2 Minute Quads you requested Document Number:130403022839 Database Last Updated:September 18,2011 Quad Lists Listed Species Fish Hypomesus transpacificus delta smelt (T) Oncorhynchus (=Salmo)clarki henshawi Lahontan cutthroat trout (T) Oncorhynchus mykiss Central Valley steelhead (T)(NMFS) Candidate Species Amphibians Rana muscosa mountain yellow-legged frog (C) Mammals Maries pennant! fisher (C) Plants Rorippa subumbellata Tahoe yellow-cress (C) Quads Containing Listed,Proposed or Candidate Species: KINGS BEACH (538A) TAHOE CITY (538B) GRANITE CHIEF (539A) BOCA (554A) HOBART MILLS (554B) TRUCKEE(554C) MARTIS PEAK (554D) INDEPENDENCE LAKE (555A) NORDEN (55SD) County Lists No county species lists requested. Key: (E)Endangered -Listed as being in danger of extinction. (T)Threatened -Listed as likely to become endangered within the foreseeable future. hft?v//www ft»/c nnv/cafrompntn/pc crw»r>if»c/T ictc/*»c cr»*»ci*»c lictc <^ftr» Sacramento Fish &Wildlife Office Species List page 2 of 4 (P)Proposed -Officially proposed in the Federal Register for listing as endangered or threatened. (NMFS)Species under the Jurisdiction of the National Oceanic &Atmospheric Administration Fisheries Service. Consult with them directly about these species. Critical Habitat -Area essential to the conservation of a species. (PX)Proposed Critical Habitat -The species is already listed.Critical habitat is being proposed for it. (C)Candidate -Candidate to become a proposed species. (V)Vacated by a court order.Not currently in effect.Being reviewed by the Service. (X)Critical Habitat designated for this species Important Information AboutYour Species List How We Make Species Lists We store information about endangered and threatened species lists by U.S.Geological Survey IV2 minute quads,The United States is divided into these quads,which are about the size of San Francisco. The animals on your species list are ones that occur within,or may be affected by projects within,the quads covered by the list. •Fish and other aquatic species appear onyour list if they are in the same watershed as your quad or if water use in your quad might affect them. •Amphibians will beon the list fora quad or county if pesticides applied in that area may be carried to their habitat by air currents. •Birds are shown regardless of whether they areresidentor migratory.Relevant birds on the county list should be considered regardless of whether they appearon a quad list. Plants Any plants on your list are ones that have actually been observed in the area covered by the list.Plants may exist in an area without ever having been detected there.You can find out what's in the surrounding quads through the California Native Plant Society's online Inventory of Rare and Endangered Plants. Surveying Some of the species on your list may not be affected by your project.A trained biologist and/or botanist,familiar with thehabitat requirements of the species on your list,should determine whether they or habitats suitable for them may be affected by your project.We recommend that your surveys include any proposed and candidate species on your list. See our Protocol and Recovery Permits pages. For plant surveys,we recommend using the Guidelines for Conducting and Reporting Botanical Inventories.The results of your surveys should be published in any environmental documents prepared for your project. Your Responsibilities Under the Endangered Species Act All animals identified as listed above are fully protected under the Endangered Species Act of 1973,as amended.Section 9 of theAct and its implementing regulations prohibit the take of a federally listed wildlife species.Take is defined by theAct as "to harass,harm,pursue, hunt,shoot,wound,kill,trap,capture,or collect"any such animal. Take may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns,including breeding, feeding,or shelter (50 CFR §17.3). hlto://www.fws.2ov/sacramento/es sDccies/Lists/es sDecies lists.cfm Sacramento Fish &Wildlife Office Species List Page 3 of 4 Take incidental to an otherwise lawful activity may be authorized by one of two procedures: •If a Federal agency is involved with the permitting,funding,or carrying out of a project that may result in take,then that agency must engage In a formal consultation with the Service. During formal consultation,the Federal agency,the applicant and the Service work together to avoid or minimize the Impact on listed species and their habitat.Such consultation would result in a biological opinion by the Service addressing the anticipated effect of the project on listed and proposed species.The opinion may authorize a limited level of incidental take. •If no Federal agency is involved withthe project,and federally listed species may be taken as part of the project,thenyou,the applicant,should apply for an incidental take permit.The Service may issue such a permit if you submit a satisfactory conservation plan for the species that would be affected by your project. Should your survey determine that federally listed or proposed species occur In the area and are likely to be affected by the project,we recommend that you work with this office and the California Department of Fish and Game to develop a plan that minimizes the project's direct and indirect impacts to listed species and compensates for project-related loss of habitat.You should include the plan In any environmental documents you file. Critical Habitat When a species is listed as endangered or threatened,areas of habitat considered essential to its conservation may be designated as critical habitat.These areas may require special management considerations or protection.They provide needed space for growth and normal behavior;food,water,air,light,other nutritional or physiological requirements; cover or shelter;and sites for breeding,reproduction,rearing of offspring,germination or seed dispersal. Although critical habitat may be designated on private or State lands,activities on these lands arenot restricted unless there is Federal involvement In the activities or direct harm to listed wildlife. If any species has proposed or designated critical habitat within a quad,there will be a separate line for this on the species list.Boundary descriptions of the critical habitat may be found in the Federal Register.The information is also reprinted In the Code of Federal Regulations (50 CFR 17.95).See our Map Room page. Candidate Species We recommend that you address impacts to candidate species.We put plants and animals on our candidate list when we have enough scientific information to eventually propose them for listing as threatened or endangered.By considering these species early in your planning process you may be able to avoid the problems that could develop if one of these candidates was listed before the end of your project. Species of Concern The Sacramento Fish &Wildlife Office no longer maintains a list of species of concern. However,various other agencies and organizations maintain lists of at-risk species.These lists provide essential information for land management planning and conservation efforts. More info Wetlands If your project will impact wetlands,riparianhabitat,or other jurisdictional waters as defined by section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbors Act,you will need to obtain a permit from the U.S.Army Corps of Engineers.Impacts to wetland httD://www.fws.eov/sacramento/es snecies/Lists/es snecies lists.cfm 4/V?nn Sacramento Fish &Wildlife Office Species List page 4 of 4 habitats require site specific mitigation and monitoring.For questionsregarding wetlands please contact Mark Littlefield of this office at (916)414-6520.' Updates Our database is constantly updated as species are proposed,listed and delisted.If you address proposed and candidate species in your planning,this should not be a problem. However,we recommend that you get an updated list every 90 days.That would be July 02, http://www.fws.gov/sacramento/es species/Lists/es SDecies lists.cfin A/VW1 Selected Elements by Scientific Name California Department of Fish and Wildlife California Natural Diversity Database Species Rare Plant Rank/CDFW Element Code Federal Status State Status Global Rank State Rank SSC or FP Accipiter cooperii Cooper's hawk Accipiter geniilis northern goshawk Apiodontia rufa catifornica Sierra Nevada mountain beaver Arahis rigidissima var.demota Galena Creek rockcress Artemisia tripartita ssp.tripartita threetip sagebrush Botrychium crenuiatum scalloped moonwort Botrycbium lunaria common moonwort Botrychium minganense mingan moonwort Bruchia bolanderi Bolander's bruchia Capnia lacustra Lake Tahoe benthic stonefly Carex davyi Davy's sedge Carex lasiocarpa woolly-fruited sedge Carex limosa mud sedge Claytonia megarhiza fell-fields claytonia Cryptochia oxcella Kings Canyon cryptochtan caddisfly Cypseloides niger black swtft Dendroica petechia brewsteri yellow warbler Desmona bethula amphibious caddisfly Drosera anglica English sundew Ecclisomyia bilera Kings Creek ecclysomyian caddisfly Empidonax traillii willow flycatcher ABNKC12040 None ABNKC12060 None AMAFA01C13 None POBRA061R1 None PDAST0S1S2 None PPOPH010L0 None PPOPH01080 None PPOPH010R0 None NBMUS13010 None IIPLEO32O0 None PMCYP033H0 None PMCYP03720 None PMCYP037K0 None PDPOR030A0 None IITRI11010 Nore ABNLJA0101O None ABPBX03Q18 None IITRI77010 None PDDRO02010 None IITRM2010 None ABPAE33040 None None None None None None None None None None None None None None None None None None None None None G5 G5 G5T3T4 G3T3 G5T3T5 G3 G5 G4 G3 G1 G2 G5 G4G5 G1G2 G4 G5T3? G2G3 G5 G1G2 S3 S3 S2S3 S1 S2 S2.2 S2? S2 S3? Endangered G5 S2S3 S1S2 S2 S2 S2S3 S2S3 S1S2 S1S2 WL SSC SSC 1B.2 2.3 2.2 2.3 2.2 2.2 SI S2 S2 S3 IB. 2.3 23 2.3 SSC SSC 2.3 Government Version-Dated April.2 2013--Biogeographic Data Branch Report Printed on Wednesday.April 03.2013 Page 1 of 3 Information Expires 10/2/2013 Selected Elements by Scientific Name California Department of Fish and Wildlife California Natural Diversity Database Species Element Code Federal Status State Status Rare Plant Rank/CDFW Global Rank State Rank SSC or FP Erigeron miser starved daisy Eriogonum umbellatum var.torreyanum Donner Pass buckwheat Fen Fen Clyceria grand!s American manna grass Goeracea aregona Sagehen Creek goeracean caddisfly Great Basin Cutthroat Trout/Paiute Sculpin Stream Great Basin Cutthroat Trout/Paiute Sculpin Stream Great Basin Sucker/Dace/Redside Stream With Cutthroat Trout Great Basin Sucker/Dace/Redside Stream With Cutthroat Trout Grus canadonsis tabida greater sandhill crane Guiogulo California wolverine Haliaeetus leucocephatus bald eagle Helisoma newberryi Great Basin rams-horn Ivesia sericoleuca Plumas ivesia Juncus luciensis Santa Lucia dwarf rush Lasionycteris noctivagans silver-haired bat Lepidostoma crmanae Cold Spring caddisfly Lepusamsricanus tahoensis Sierra Nevada snowshoe hare Lepus townsendiitownsendii western white-tailed jackrabbit Lewisia longipetala long-petaled lewisia Uthobates pipiens northern leopard frog Margaritifera falcata western pearlshell Maries americana sierrae Sierra marten PDAST3M2KQ None PDPGN086U9 None CTT51200CA None PMPOA2Y080 None IITRIOXOIO None CARC2320CA None CARC2331CA None ABNMK01014 None ABNKC10010 Delisted IMGASM6020 None PDROS0X0K0 None PMJUN013J0 None AMACC02010 None I1TR101050 None AMAEB03012 None AMAEB03041 None PDPOR040K0 None AAABH01170 None IMBIV27020 None AMAJF01014 None None None None None None None None None None None None None None None None G2 G5T2 G2 G5 G2 GNR GNR Threatened G5T4 AMAJF03010 Candidate Threatened G4 Endangered G5 G1Q G2G3 G2G3 G5 G1G2 G5 G4 G5T3T4 S2.3 S2.2 S1.2 S2 S1S2 SNR SNR S2 SI S2 81 S2S3 S2S3 S3S4 S1S2 None None None G5T3T4Q G5T5 G2 S2? S3? S2 2 S2S3 S3S4 1B.3 1B2 2.3 FP FP 1B2 1B.2 SSC SSC 1B.3 SSC Government Version--Dated April,2 2013-Biogeogiaphic Data Branch Report Printed on Wednesday.April 03.2013 Page 2 of 3 Information Expires 10/2/2013 Selected Elements by Scientific Name California Department of Fish and Wildlife California Natural Diversity Database Species Rare Plant Rank/CDFW Element Code Federal Status State StatusGlobal Rank State Rank SSC or FP Maries pennanti fisher -West Coast DPS Meesia triquetra three-ranked hump moss Meesia uiiginosa broad-nerved hump moss Myotis volans long-legged myotis Ochotona princeps schisticeps gray-headed pika Oncorhynchus clarkii henshawi Lahontan cutthroat trout Pandion haliaetus csprey Ran a sierrae Sierra Nevada yelfow-iegged frog Rhamnus alnifolia alder buckthorn Rorippa subumbellata Tahoe yellow cress Scutellaria galericulata marsh skullcap Sphaeralcea munroana Munro's desert mallow Stuckenia filiformis slender-leaved pondweed Taxidea taxus American badger Vulpesvulpes necator Sierra Nevada red fox AMAJFD1021 Candidate None NBMUS4L020 None None NBMUS4L030 None None AMACCOmO None None AMAEA0102H None None AFCHA02081 Threatened None ABNKC01010 None PDRHAOC010 None PDLAM1U0J0 None PDMAL140FO None PMPOT03090 None AMAJF04010 None AMAJA03012 None None None None None None None G5 G5 G4 G5T2T4 G4T3 G5 AAABH01340 Candidate Candidate G1 Threatened G5 PDBRA270MO Candidate EndangeredG1 G5 G4 G5 G5 Threatened G5T3 S2S3 SSC S4 4.2 52 2.2 S4? S2S4 S2 53 WL 51 SSC 52 2 2.2 51 1B1 52 2.2 S1 2.2 S1S2 2.2 54 SSC S1 Record Count:57 Government Version-Dated April,2 2013-Biogeographic Data Branch Report Printed on Wednesday,April 03.2013 Page 3 of3 Information Expires 10/2/2D13