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HomeMy Public PortalAboutPublic Comment #066 (Juncosa)16173 Lancaster Place Truckee, CA 96161 November 19, 2014 Ms. Denyelle Nishimori Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 Subject: Canyon Springs Revised Draft EIR September 29, 2014 Dear Ms. Nishimori, I appreciate the opportunity to comment on the document referenced above, referred to below as the RDEIR. There is very little evidence in RDEIR that comments submitted to the Town in 2013 were addressed: there are no responses, almost no text addressing the issues raised, and the revisions from the DEIR of March 2013 are so minor that nearly all of the comments I made before are still applicable. Some of the few changes are highly commendable and correct, but the both the sections recirculated in the RDEIR and the ones that I commented upon in March 2013 but were not recirculated remain inadequate under CEQA and need further improvement before the EIR can be certified. General  Comments  On  CEQA  Compliance  of  RDEIR     The Canyon Spring RDEIR provides some inadequate and/or inaccurate baseline information that is sometimes, does not fully analyze and describe the environmental impacts that would result from project construction and long-term occupation, and recommends many mitigation measures that are either insufficiently specified, not adequate to reduce the project impacts to less-than-significant levels, or are infeasible, or not effective, or combinations of those characteristics. As a consequence, if the project were to be approved, constructed, and occupied as proposed, there will be potentially significant residual environmental impacts which have not been accurately and fully described in the RDEIR, so it does not presently meet the requirements of CEQA. Since some of the same flaws in cumulative analysis in the DEIR persist in the RDEIR, these comments remain relevant to the RDEIR. Some of the statements regarding cumulative impact analysis seem to me to be incorrect. My understanding is that, if a project effect is less-than-significant on a project-specific basis, but, in combination with other less-than-significant project-specific effects, results in an impact which is collectively significant, then a contribution to a significant cumulative impact must be identified in the EIR. Instead, many of the EIR sections find that project-specific effects are less-than-significant and draw the conclusion from that that the cumulative impact is therefore also less-than-significant. That doesn’t necessary follow, and doesn’t seem to be in accordance with the text on page 4-3. Please clarify, and correct cumulative impact findings, if any, that are not in accordance with CEQA guidelines. Page 4-4 of the DEIR states that the subdivisions to the west of Canyon Springs are regarded as built out, and are not considered in cumulative analysis. This is factually incorrect; the Elkhorn subdivision is only about 10 percent built; I believe that’s the case for the Bluffs too. Therefore, the traffic and water quality impacts of these two areas need to be included in cumulative analysis. I believe the unbuilt portions of these two subdivisions together total about half the number of units that are proposed for Canyon Springs. That’s not insignificant, and probably would alter the cumulative traffic analysis. Reasonable recommendations to achieve CEQA adequacy were made to the Town in response to the Notices of Preparation (NOPs), not many of which were followed. At least one comment letter sent to the Town by a responsible or trustee agency (Lahontan Regional Water Quality Control Board) is omitted from the DEIR Appendix B, which purports to include “comments received on the EIR process from 2003 to 2011…” It is my understanding that compliance with CEQA requires that the lead agency either follow the direction of trustee agencies as provided in NOP letters, or explain in writing why that Ms. Denyelle Nishimori November 19, 2014 page 2 direction was not followed. Neither occurred in the case of this letter. Additional details are provided below under Biological Resources – Wetlands. The EIR preparers should check the withdrawn 2007 DEIR to ensure that there aren’t other agency scoping letters which were not considered by the DEIR or RDEIR. This comment on the DEIR remains applicable to the wetland discussion in the RDEIR. Comments below identify substantive shortcomings in the presentation of existing conditions in both the traffic and biological resources sections of the RDEIR, which materially affect the impact analyses. These alone are significant new information that provide cause for recirculation of a revised revised DEIR. Also, if the revised DEIR either identifies any new and potentially significant impacts, or revises the wording of any that already appear (that is, makes them into new and different mitigation statements), or recommends any new and speculative mitigation measures, it should be recirculated so that the public has an opportunity to evaluate the adequacy, feasibility, and effectiveness of the new proposals. Given that so many mitigation measures in both the DEIR and the present RDEIR do not stand the test of critical scrutiny, I think it is necessary for the revised revised DEIR or FEIR to include much stronger factual basis for the opinions about impacts and mitigation effectiveness that it expresses, and for the process to allow for public comment on new or revised mitigation measures prior to the Planning Commission hearing at which voting on the certification of the FEIR will take place. Several critical documents that are referenced in the RDEIR and/or DEIR appendices are “gray literature” documents that are not available to the general public, whether at a public or university library or on the internet. I specifically requested in writing in March 2013 that two of these be provided for public review, more than 18 months prior to the publication of the RDEIR, but they were not. Therefore the recirculation remains inadequate to address all of the inadequacies of the DEIR. One of these mystery documents is the oft-cited report by Beck (1990). My comments of March 4, 2013, include the following: “Since Beck (1990) seems to be an important element in the conclusions reached by HEC (2011), please provide this reference in the revised DEIR and/or FEIR so that the public can review and comment on its scientific adequacy and CEQA relevance.Since this is not a published source, and many of the conclusions of the applicant’s consultant and attorneys, and of the EIR itself, can be traced all the way back to this one source, it must be included in the EIR for the latter to be adequate. The RDEIR neglected to address this request, therefore it failed to provide the public an opportunity to review all of the information sources upon which its conclusions are based, therefore does not adequate satisfy CEQA’s public information requirement.” The Town and RDEIR ignored this comment. The Town finally provided this reference to Mr. Ray Butler, long after the circulation of the RDEIR. Although this does not constitute adequate public circulation of the document, it bears mentioning that Beck provides NO systematic methodology and NO substantial facts and evidence to support his opinions, and indeed makes many statements that any qualified biologist who is knowledgeable about the regional wildlife ecology would find to be highly inaccurate or misleading. Given that this source is the basis for statements by a whole series of consultants right up through the applicant’s attorney, failure of the RDEIR to reveal the total lack of foundation for these conclusions in a timely manner, pursuant to a written request, is a serious inadequacy to respond to CEQA requirements. Another example is a report mentioned as “Geocon 2007” (not 2006). What is this and what are its contents? The DEIR seems to say that this Geocon 2007 identifies deficiencies in the drainage plan and analysis, so it is certainly highly relevant to Section 4.9 and should have been included somewhere. It is at least responsible, if not actually required by CEQA, for the DEIR to provide full citations for any references cited, and to include any important documents that aren’t in the public domain in the appendices. There are many of the individual technical sections (specifically including Section 4.4 in the RDEIR) which include descriptions of methodology of some specific study or field action, but then the rest of the section doesn’t provide the results. Without the results, the statements of methodology are not relevant, not verifiable, and do not provide support for the RDEIR’s presentation of existing conditions and analysis of impacts. For every place in the RDEIR where there is a statement of methodology of studies, actions, or observations, the results need to be provided (either the full data or at least a Ms. Denyelle Nishimori November 19, 2014 page 3 summary; not just the conclusions). This is one of very few ways in which the public has an opportunity to assess the adequacy of the studies performed. If the results are not provided, the statements of methodology must also be deleted, and any conclusions based on the unknown type of studies must also be deleted. The RDEIR provides data and documentation pertaining to mule deer and obtained from the California Department of Fish and Wildlife (CDFW) in Appendix A. This material is germane to the RDEIR analysis, although it is difficult to use in the form that it is provided. However, much of the other communications included in the appendix are not referenced anywhere else and provide no content that illuminates the subject matter of the RDEIR. Indeed, one of these files in particular is, in its substance, not a technical report or data as might be justifiable in an EIR technical appendix, but instead merely a comment letter on the DEIR from the applicant’s attorney, which was received over a year after the close of the public comment period. That this comment letter would be accepted at all is questionable given the Town’s minimalist approach to CEQA process in other respects. For it to be included in the appendix accords a special position to the applicant’s representations that is neither justified nor appropriate, and makes the reader wonder whether this letter and the responses to DEIR comments from the applicant’s consultant that are included in one of its exhibits are meant to represent the RDEIR’s responses or not. Since the RDEIR text does not clarify this or explain the inclusion of the letter, it is appropriate to provide comment on it as well as the main RDEIR text. RDEIR  Report  Summary  (Section  2 )   That is very much lower than the actual area that is disturbed (at least, with vegetation altered) in typical Glenshire lots. This figure is 0.057 acre, about 16 % of a quarter-acre lot. It is unrealistic to imagine that the average disturbance of lots this small would be only 16 % of the lot area. In particular, defensible space requirements may allow the retention of some trees, but the vegetation community as a whole, which even includes the duff and organic layer in areas where there isn’t even understory vegetation, is “removed” when all of the dead and understory fuel is removed. The EIR must either determine a realistic disturbance area from the existing Glenshire development, and present the subsantiation of this figure for public review, or must assume complete removal of the vegetation as a functioning community that supports the present complement of native species. There is no discussion of vegetation alteration outside parcels for fire protection. The Glenshire Devonshire Residents Association is considering the potential need for such vegetation alteration in open space areas. It is unrealistic to expect that such alteration will never occur at any time in the future during the project lifetime. Therefore, this impact must be considered in the EIR. Specifically, this analysis must realistically evaluate its potential maximum effect on the use of open space by such species as mule deer, which specifically depend upon the very resource – dense bitterbrush and/or sagebrush scrub for browse and cover – that is most likely to be affected for fire protection purposes. Fuel management in some other areas in Truckee (parts of Tahoe Donner) has entailed removing the shrub vegetation 100 percent, so that seems to be a reasonable starting point for analyzing the Canyon Springs impacts. The RDEIR quotes an estimated average housing footprint of 2,500, which is unrealistically low even for lots averaging only about 0.35 acre; this is immediately apparent from examination of aerial or satellite imagery such as that obtainable at no charge from Google Earth or NAIP. A methodology for determination and a quantitative reference for this figure should be provided; one that is relevant to current and reasonably anticipated future trends in residential building (most recently built houses in the Glenshire region are much larger than they used to be in the 1970s and 1980s). Also, merely identifying the footprint of the house itself does not fully disclose the impacts of construction on each parcel; in reality, the impervious or infiltration-impaired footprint within each parcel will be much larger than 2,500 square feet, and will often exceed the entire area of the building envelopes shown on the tentative map. For a project with much larger parcel sizes, this may not matter so much, but when parcel sizes are small, the proportional impact is much greater. The RDEIR remains just as inadequate as Ms. Denyelle Nishimori November 19, 2014 page 4 the DEIR in failing to acknowledge the full magnitude of habitat impact that can reasonably be expected to result within the project footprint. This incorrect figure for habitat removal within parcels is relied upon again in the RDEIR Section 4.4, resulting in statements of habitat impacts that are very much lower than what would actually result from the project. The 2,500 figure must be revised upward, and the acreage figures on pages 4.4-36 and/or -37 must be corrected as well. Biological  Resources   The RDEIR section does not in fact substantively address the comments on the DEIR made in writing by the public or by agencies. It does not identify all of the significant impacts that would result if the project were approved and relies upon ineffective and/or infeasible mitigation measures in order to arrive at determinations that impacts would be reduced to less-than-significant levels. The changes between the DEIR and analogous parts of the RDEIR are generally so slight that, with few exceptions, it would be a really substantial task for the public to figure out exactly what is changed and what remains the same. Since the preparation of the RDEIR ignored the comments on the analogous sections of the DEIR almost entirely, and the Town has indicated that there will be no response to comments submitted during the DEIR comment period, the only way to be sure everything is addressed is for commenters to submit their previous comments along with any new ones. If any of them are already addressed, the Final EIR can say so. The RDEIR notes that a Draft EIR was prepared in 2007 and that comments were provided by the public. This is misleading, because the EIR was withdrawn early in the published comment period and very few comments were actually submitted. Nearly everyone, myself included, did not take the time to write complete comment letters once the 2007 Draft EIR was withdrawn. The Methods should have also included comprehensive review of comments submitted in 2013 on the DEIR, but this is not mentioned and evidently did not occur, because the substance of many of those comments is not reflected in improvements in the accuracy and adequacy of the RDEIR. Vegetation: The labeling, characterization, and mapping of plant communities remains incorrect in the RDEIR. I believe some of the inaccuracy of this and other parts of Section 4.4 result from merely referring to studies dating back to 2004 without anyone ever having verified their accuracy at all. Mapping and description in the RDEIR is 1) based on an obsolete system of description and classification; 2) not finely enough resolved to address the project impacts; and 3) supported by no verifiable objective data. Deficiency #3 might not be a serious flaw if the description and mapping were correct, but when they are incorrect, the public and resource agencies need to be able to review the data. Specifically, my subjective observation is that the majority of the shrubland vegetative cover, and especially the shrub stratum in the pine savanna, is dominated by bitterbrush, not sagebrush (as originally mischaracterized in 2004). Other shortcomings result from the RDEIR continuing to rely upon an obsolete source (1995 version of Manual of California Vegetation and other even older sources instead of the 2009 Second Edition, which is much more complete and detailed and is the standard source and classification system for California vegetation). At a bare minimum, the different shrubland alliances should have been delineated and mapped according to the methods and definitions provided by Sawyer et al. (2009). The RDEIR states that a reevaluation of shrublands was carried out in November 2013 (not the best time of year, when the Town already knew in March that this was a potentially significant issue for the RDEIR to address), but neither methods nor results were provided. With all of the many different companies that have supposedly studied the vegetation of the site over the last 10 years (Foothill, Quad Knopf, Heal Environmental, Foothill again, LSA, Placeworks), it is inexcusable that this fundamental subject is still incorrectly and inadequately addressed in the RDEIR. For the Final EIR or RRDEIR, please carry out field study according to some standard methodology and provide data sheets and/or quantitative summaries. At a minimum, there should have been accurate mapping of alliances that I have personally observed in those areas: Ms. Denyelle Nishimori November 19, 2014 page 5 bitterbrush (Purshia tridentata) scrub, mountain sagebrush scrub (Artemisia tridentata ssp. vaseyana; it is not big sagebrush, Artemisia tridentata ssp. tridentata, which makes a difference for suitability for some wildlife species of concern), and little sagebrush (Artemisia arbuscula) scrub (identified by the English short-hand names provided in Sawyer et al., 2009). Better still, there should have been delineation of stands on a high-resolution aerial photograph accompanied by CDFW/CNPS Vegetation Rapid Assessment Method data sheets for each type of stand, prepared by a biologist with training and experience in this methodology. And best of all, given that relative dominance of sagebrush and bitterbrush is important for impact analysis (foraging and fawning habitat for deer), there could have been a sufficient number of quantitative transects using line point- or at least line-intercept methods to satisfactorily characterize and delineate the various shrub communities. I recommend the CDFW-CNPS vegetation rapid assessment method, Jornada methods (Herrick et al., 2009), or other widely recognized quantitative methods, and that they be applied by individuals with training and experience in them with adequate description of methods used and results obtained. The RDEIR states that, since bitterbrush does not dominant “everywhere,” the vegetation can still be correctly mapped as sagebrush. This is not correct. If 90 percent of the shrub vegetation were dominated by bitterbrush, and only 10 percent by sagebrush, the correct thing to do is to map these as separate habitat types. But if the shrublands were to be (inaccurately) regarded as all being one community, the correct identification would be as bitterbrush, which dominates the stand as delineated. Since the RDEIR made no attempt to discriminate the differences or assess the vegetation quantitatively, the vegetation description is inadequate and probably largely incorrect. Based on observation of the site and my training and experience with the methods mentioned above, I am certain that there a proportion of the on-site shrublands that is significant from the perspective of mule deer usage (at least) that is bitterbrush scrub (Purshia tridentata Shrubland Alliance) as defined by Sawyer et al. (2009). The RDEIR is inadequate in failing to acknowledge this fact, and as a consequence of that and other shortcomings, fails to fully describe existing conditions (namely, existence of suitable, even preferred, fawning habitat) and project impacts on mule deer. Additional details are provided below. If the shrublands had been adequately and accurately delineated, and if basic systematic study of the distribution of mule deer usage of the site had been carried out, it might have been clear whether heavy use during migration season is correlated with shrubland vegetation type or not, and this in turn would have illuminated the selection and impact-reduction value of open space areas. This subject is not merely pedantic but is substantively important because bitterbrush is an important mule deer browse species (in fact, the most preferred species in this region during the seasons that deer occupy the site) and sagebrush is not nearly as preferred (DFG et al., 1998; Innis, 2013). Step-point methods show that many areas within the Canyon Springs site support 80+ percent of relative cover by bitterbrush, although there are a few areas that support a dominance (50-60 percent relative cover), or even 100 percent relative cover by mountain sagebrush, sometimes mixed with low sagebrush. In the vicinity of the occurrence of an unaccompanied mule deer fawn by Mr. John Heal (HEC, 2011), the relative cover of bitterbrush in the shrub canopy is 89.7 percent. Low sagebrush is often associated with Plumas ivesia, where the latter species occurs. Thus, accurate shrubland delineation is important for special status species surveys, but there is no evidence that this was taken into account in the DEIR and RDEIR studies. Within the site, the mountain sagebrush scrub appears to occur on shallower, rockier soils than the bitterbrush scrub. For this reason, accurate and adequate vegetation mapping would have also have been valuable in showing at a glance a useful preliminary view of what areas are suitable or unsuitable for the construction and operation of stormwater management facilities. This in turn would have helped the EIR fulfill its public information role. Without even this basic site mapping, the public has no alternative than to conclude that, given the mapped soils types on site, the stormwater management approaches described in the DEIR will be ineffective in mitigating project impacts. Ms. Denyelle Nishimori November 19, 2014 page 6 There is much more habitat diversity than the RDEIR describes, and this habitat diversity is of significance to biological resources and other project impacts and mitigation. The RDEIR’s description of existing conditions remains inadequate. Nearly all of the places where “big sagebrush” (which is incorrect anyway; it is mountain sagebrush) or “sagebrush” are mentioned in the RDEIR probably should be corrected to bitterbrush shrubland. However, despite public comments on the incorrectness of the DEIR’s determination of the nature of the shrublands on site, the RDEIR doggedly persists in identifying them as sagebrush. On page 4.4-23, the RDEIR identifies a number of species for which this community provides habitat, including greater sage-grouse, which is unequivocally a species of very high regulatory concern. The range map for this species in Sibley (2000) includes the project site. Therefore, based upon the RDEIR’s determination of the plant communities that are present, it is inadequate in not providing background information on greater sage-grouse and any other sensitive sagebrush-associated species, of which there is an extensive list. The mapping (Figure 4.4-1) is wrong in other respects as well, and greatly under-represents the extent and continuity of the shrubland. This is not just my interpretation: it is visible in the RDEIR’s own figure. According to the reference cited by the RDEIR (Manual of California Vegetation), areas dominated by bitterbrush with <10 percent tree cover should have been mapped as bitterbrush shrubland, not forest. Given that Figure 4.4-1 shows several very narrow strips of shrubland adjacent to the wet meadow in the southwestern corner, this same approximate minimum polygon size should have been followed throughout the site, to show the many larger patches of bitterbrush that occur throughout the area incorrectly mapped as unbroken Jeffrey pine. Following this approach, there may be some 50-100 percent more shrubland within the site than the RDEIR acknowledges. Once the base mapping is corrected, the statements of areas of impact on different cover types then need to be revised. Accurate vegetation mapping is important in providing adequate background for the evaluation of the site’s suitability for mule deer which need a variety of different habitats but, in the project vicinity, seem generally to prefer open shrublands over coniferous forest that has minimal or no shrub stratum. That they do also move through the Jeffrey pine woodland does not diminish the validity of this statement. The descriptions and mapping of wet meadows and riverine wetlands are a bit hazy. Why aren’t the riverine wetlands shown on Figure 4.4-1? Also, the mapping in Figure 4.4-2 doesn’t seem to correspond to the mapping in the wetland delineation appendix, but one can’t be certain because the latter figure is so fuzzy. The maps need to be made all consistent, and sharp or large enough that we can see what they are meant to show. Unequivocal descriptions of what is meant by the different types of wetlands and other waters need to be provided. As explained below, the project’s delineation of jurisdictional waters of the U.S. does not provide all the information needed for the EIR’s analysis. It seems that the wet meadow mapping is limited to areas of dense Baltic rush turf (with other species), but the text description would be applicable more broadly (in fact, would probably include also the riverine wetlands). But there is no unequivocal description, and no clear characterization of what exactly is meant by riverine wetlands. Contrary to written direction from Lahontan Regional Water Quality Control Board, study of the riverine wetlands occurred at a time of year when much of this seasonal vegetation has disappeared or is difficult to recognize, so it may under-represent the actual extent of this community type. (Baltic rush meadows are easily recognizable at all times when not covered by snow, but this is not so for all other kinds of seasonal wetlands that occur within the site.) The vegetative cover threshold for wetland vegetation (vs. non-wetland waters) is 10 percent, and must be evaluated at the peak of growth (spring or early summer). Since this did not happen, there may be significant areas that should be characterized as some form of wetland which are instead mapped as non-wetland waters. The sensitivity of wetlands to degradation by nutrient and sediment inflows is higher than that of completely non-wetland waters, so accurate mapping of these features is relevant to the analysis of indirect impacts. There are some nuances about portions of the vegetation that bear comment not from a perspective of biological resource impacts, but hydrology and water quality. In many of the flat to gently sloping areas Ms. Denyelle Nishimori November 19, 2014 page 7 (where development is preferentially located to reduce the necessity for cut and fill), patches of wetland indicator (FAC/FACW) species such as Deschampsia danthoniodes, Danthonia californica, and others occur in isolated areas scattered around in otherwise upland areas. For one thing, these should have been evaluated as possible isolated wetlands, which fall under State jurisdiction though they would not be waters of the U.S. (see below). For another, they are clearly indicative of a high soil moisture regime, or even full saturation, in the near-surface soils in the spring time. This is exactly the time when it is necessary for detention basins to be able to lose their water contents via percolation, and when this putative function is not going to be successful. The FAC/FACW plants are presumably only found where the saturation is nearer to the surface than 12 inches, but seasonal saturation to 14 or 16 inches is likely to be very widespread throughout the uplands. Botany: The RDEIR provides no description of plant survey methodology except to describe it as a “focused” survey, which means that it was limited in some unspecified fashion. We do not know whether it was limited in terms of which areas of the site were and were not surveyed (and if so, on what basis the determination was made), or whether it was limited in that the investigators merely looked for specific target plants only. Thus, the RDEIR fails to provide documentation that a floristic rare plant survey has been conducted and documentation prepared according to the California Department of Fish and Game/Wildlife Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities dated November 24, 2009. The information presented in the DEIR fails to document that the following requirements of the DFW Protocols were followed: • Conduct surveys using systematic field techniques in all habitats of the site to ensure thorough coverage of potential impact areas. Surveys should be comprehensive over the entire site, including areas that will be directly or indirectly impacted by the project. (Indirect impacts might include construction-phase impacts which almost always occur outside the parcels mapped in the project’s proposed tentative map, and long-term impacts including but not limited to vegetation modification to limit flammable fuels in this wildland-urban interface situation.) • The Protocols provide guidelines about the amount of time that is normally required in certain habitat settings. The information in the DEIR does not provide a basis for assessment of how likely it is that the level of survey effort was appropriate. It may well have been very adequate; we just have no way of knowing from the DEIR. • Include reports of botanical field surveys containing the following information with project environmental documents (some items are included in the DEIR, but these two are not): total person-hours spent on field surveys; a list of all taxa occurring on the project site. This last requirement is important, because the floristic plant list not only provides confirmation of survey findings regarding presence/absence of special-status species, but, since knowledgeable individuals may be familiar with the approximate number of plant species present on site or in similar habitat (>110 species for Canyon Springs), it also provides an opportunity for the public and agency reviewers to evaluate how thorough the survey work was. There are areas where low sagebrush (Artemisia arbuscula) is present or even dominant. This plant is a common associate of Plumas ivesia, where the latter occurs. If there were adequate documentation of the methods and results, the public would be able to confirm that all areas of suitable habitat for this species were in fact surveyed. Since the survey and (absence of a) report fail to satisfy the CDFG/W Protocols, the RDEIR does not have sufficient basis upon which to make a determination of no significant impact on special status plant species and is therefore inadequate because it does not identify a potentially significant impact on this category of biological resource. The RDEIR provides insufficient basis for the conclusion that the project will not have a significant impact on any special-status plant species. In order to achieve CEQA adequacy, it must identify a potentially significant impact upon rare plant species. Ms. Denyelle Nishimori November 19, 2014 page 8 The DEIR notes that Eriogonum ovalifolium was sought and not found within the site. This is in accordance with my cursory observations as well, but the plant in question is found immediately adjacent to the proposed access road and would potentially be affected during construction. Staging and stockpiling often occurs outside project limits that are shown in CEQA documents. This is a potentially significant impact that is not identified in the RDEIR. That said, it is much appreciated and highly commendable that the RDEIR notes that this plant is one that is worthy of attention and potentially of conservation concern. Just to ensure the published public record is complete, I include below some facts pertaining to the plant. Subsequent research reveals that the plant in question keys to E. strictum var. proliferum, but in every respect including habit (local plant forms dense cushions vs. loose mats of var. proliferum), size of plants (local plant 5-25 cm vs. var. proliferum 20-40 cm), size of leaves (local plant 5-9 mm vs. var. proliferum 10- 30 mm), and size of involucres (local plant 3.5-4 mm vs. var. proliferum 4-6 mm), the plant’s characteristics lie outside the limits of the ranges for E. strictum var. proliferum stated in the authoritative treatment in Flora North America (FNAEC, 2005), and certainly great enough to justify separation as a distinct variety in the context of other Eriogonum taxa that have recently been published. (In habit, the plant resembles several varieties of E. ovalifolium and does not resemble any variety of E. strictum. FNAEC (2005) recognizes the very close affinities among E. strictum and E. ovalifolium varieties.) Also, the degree of inflorescence branching (usually having only two to four branches) is strikingly different from specimens of E. strictum var. proliferum that I have examined at the UC Davis herbarium (which have many branches in several orders of branching). I know of only one other locality where this taxon is reported (Martis Valley), so it is one of the rarest plants in the entire region; much rarer than Ivesia sericoleuca, which is found in many localities in the area. The occurrence of a distinct and extremely rare plant taxon, albeit as-yet not published, in a location immediately adjacent to the project, and potentially subject to construction-phase or other impacts related to the project, should be thoroughly addressed in the DEIR and appropriate mitigation measures included. It’s such a rare plant, and it would be such an easy and inexpensive matter to avoid extirpating it, that the project should do so. For example, by expanding the access easement a small amount and signing or preferably fencing this small patch of habitat (for which outside support would almost certainly be available), the potential risk to the species would be eliminated. Easy! Wetlands: In a letter dated April 25, 2006, with the subject heading “COMMENTS ON THE NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PROPOSED CANYON SPRINGS SUBDIVISION, NEVADA COUNTY,” the Lahontan Regional Water Quality Control Board stated “The draft EIR shall include a complete wetland and flood plain delineation during the spring snowmelt and summer growing seasons.” Inexplicably, this important NOP comment letter, and perhaps others, is not included in the present DEIR. The first page of Appendix B states that section C includes “Letters Received In Response To The Notice Of Preparation Of The Canyon Springs EIR Dated March 18, 2006.” This is not true: the letter referenced above does not appear, in that or any other section that I could find in the present 2012 DEIR. It does appear in the appendices to the withdrawn 2007 DEIR. The Lahontan direction, quoted above, states “…snowmelt and summer…” [emphasis added] which means small drainage features and highly ephemeral candidate wetlands must be evaluated during the snowmelt season, and other features (e.g. other wetlands) are to be studied in June or July. Examples of surface waters that are obvious at the time of snowmelt, and may be considered to be waters of the State, are shown in Figures 3 and 4 (Appendix A at end of letter). The Lahontan direction was not followed: the work was done at the end of August. Without doubt, the 2012 DEIR should have addressed all issues raised in all NOP comments going back at least as far as the 2006 Canyon Springs project. In fact, given that the 2004 Tahoe Boca EIR is included, in part, in the 2012 DEIR, by logical extension all of the NOP comments for that project should be addressed as well. As a consequence of ignoring the Board’s comment, it’s possible that the wetland delineator, who did not study the site at an appropriate time of year, might not have noticed some waters of the State that occur within the site. Ms. Denyelle Nishimori November 19, 2014 page 9 The delineator opines, in a comment memo to the RDEIR consultant, that the 2006 NOP comment is superseded by the Board’s 2010 NOP comment. I disagree, but in any case the technical basis for the 2006 comments, a portion of which is summarized above, has not gone away: short-seasonal wetland vegetation is still apparent in springtime and early summer, and difficult to see and identify in late August. It’s not necessary for a State agency to require spring or early summer field work for an experienced and qualified wetland delineator to know that some ephemeral wetland vegetation that is relevant to delineation and habitat values might not be apparent in late August. This concern is reflected in the technical memoranda from the ongoing effort to standardize the definition of wetland in California. It’s my belief that there are some minor wetlands found within one or more of the small tributaries on site that are mapped only as non-wetland waters. These are wetlands that may not have been mapped because they’re not very prominent between August 30 and September 2. These particular areas are not located where they would be subject to parcel impacts, but there may be others that are not yet recognized by any of us because the site was not studied comprehensively at the time of snowmelt and in late spring/early summer. There are some small spots of hydrophytic vegetation that do not appear to have been evaluated for other criteria. If any of these are wetlands, they would be isolated waters of the State but not a water of the U.S. (therefore, the verified delineation is of no value to the DEIR’s analysis and conclusions). There are some wetland indicator species (FACW and OBL) that are locally common on site but highly ephemeral and require some spots to be delineated very early. So far as I currently know, the State does not propose to discontinue consideration of isolated wetlands or other waters in its application of the Porter-Cologne Act and in the evaluation of impacts under CEQA. If this is something that is now official policy (isolated, non-tributary features no longer considered to be waters of the State), the RDEIR should clarify and provide a citation. The report’s explanation of how the hydric soils determinations were made is not in conformance with the applicable Regional Supplement, contradicting the claim elsewhere that the Regional Supplement was followed. However, since no sites were determined to be non-wetland solely by virtue of not meeting this criterion, so far as I know, this appears not to have affected the determinations of any of the sites documented in data sheets in the report. But it might have: areas that might have exhibited a prevalence of hydrophytic vegetation when studied at the correct time of year might have been determined, without full three-parameter study, as non-wetland at the end of August, just because the vegetation looked non-hydrophytic. Had they been seen in spring time, the plant dominance might have been different and soils investigation done actually in accordance with the Regional Supplement might also have identified hydric soils. Consequently, it is possible that failing to follow direction from the Board resulted in failure to identify subtle wetlands that are not particularly evident at the end of August but are nevertheless wetlands under no matter what definition. This is not merely a matter of changing regulatory language and legal decisions; it’s a matter of basic wetland hydrology and biology. The RDEIR fails to adequately analyze and document the indirect impacts that can reasonably be expected to result from the fact that many of the parcels extend fully across the 50 foot setback from the 100-year floodplain, and apparently right up to the very edge of the mapped jurisdictional wetlands. These issues are discussed in detail under Hydrology. Special Status Species and General Wildlife: Yellow warbler nests about three miles due north of the Canyon Springs site (record not yet in CNDDB but might be by completion of the EIR). As the RDEIR notes, suitable nesting habitat occurs near the Glenshire Pond and especially in the tributary from it to the Truckee River (and also other tributaries). I agree with the RDEIR that the potential for yellow warblers to nest at nearby springs is high, but low within the site itself. It is useful that the RDEIR includes discussion of Lewis’s woodpecker, but there are still special status species that remain unaddressed. I have observed (visually or, in the case of flammulated owl, by call), or there are other written records of, the following species in the project vicinity, utilizing habitat similar to that which occurs on site. All of these are CDFW species of special concern and/or USFWS Birds of Conservation Concern but are not addressed in the RDEIR: Ms. Denyelle Nishimori November 19, 2014 page 10 flammulated owl (Otus flammeolus; heard in GDRA open space between Lancaster and Edinburgh) rufous hummingbird (Selasphorus rufus; (same area; and visits feeders) white-headed woodpecker (Picoides albolarvatus; commonly seen in Glenshire and Canyon Springs; observed at Old Greenwood) olive-sided flycatcher (Contopus cooperi; seen in pine woodland in the region; observed at Old Greenwood) The 2004 Tahoe Boca DEIR stated that suitable nesting habitat for Lewis’s woodpecker, white-headed woodpecker, and flammulated owl occurs on site. Additional documentation certainly exists. The present RDEIR should have provided a full, adequate, and accurate description of what the preparers found to be the biological resources on site. Observations made by the biologists who prepared the RDEIR should be presented as such, and facts that are being stated based upon reference to some previous study should be clearly identified and the references provided. Blanket statements of confirmation are legally very confusing when there are facts presented in previous reports that differ from those presented in the RDEIR. The FEIR needs to clarify. The nesting bird surveys and subsequent years’ observation showed that the EIR mitigation measure was ineffective in preventing a significant CEQA impact on Lewis’s woodpecker. To the best of my knowledge (based on multiple revisits to the site during the nesting season, and discussions with East- West staff) the species never returned to nest on site despite thje project’s avoidance of the nest trees during the nesting season, so the geographic range of the species was definitely reduced. I do not know for sure whether there are other nest territories in the region, but the Canyon Springs site includes some perfect habitat (snags within flat, open shrubland), which is not noted in the RDEIR. A public presentation about the DEIR on December 18, 2012, included a photograph of Lewis’s woodpecker. If the photo was taken on site, this should have been mentioned in the RDEIR and the location mapped. Since the data from Old Greenwood showed that the only effective mitigation for impacts on nest sites of Lewis’s woodpeckers is avoidance, the site where that photograph was taken, if on Canyon Springs, would need to be avoided by development. Survey for the species in suitable habitat throughout the site, and avoidance of any nesting territories, would also be needed to prevent significant impact. The mitigation measure proposed in the RDEIR is not adequate to reduce the project’s impact on Lewis’s woodpecker, and probably not adequate to reduce the potential impact on other cavity-nesters, if they occur on site. MULE DEER The RDEIR’s analysis suffers from overly vague and conditional language in its presentation of the relevant facts of the biology of Rocky Mountain mule deer (the subspecies which occurs at the site) and makes contradictory statements. In some cases, the data in the applicant’s deer report supports the conclusion that is the opposite of the one reached by its author. Considering the amount of academic and agency literature on mule deer, the background literature review in the primary reference (HEC, 2011) is remarkably scanty, and the description of existing conditions is inadequate because of it. Mule deer have a complex natural history and require a patchwork of different habitat elements. The DEIR treatment does not recognize this complexity or its significance in evaluating the project’s impacts. The RDEIR contains the same inadequate information on mule deer biology and use of the Canyon Springs site that appears in the DEIR, supplemented by a data dump of information obtained from CDFW, without any real discussion weighing the entire body of facts in order to determine what conclusions are best supported. The applicant’s reports show an inadequate effort to review applicable scientific literature and poor overall understanding of deer biology; but in contrast, the RDEIR itself shows virtually no effort to evaluate the science and, so far as is documented in the RDEIR, no effort to ascertain what the facts are on the ground within the site. In my experience, where there are applicant’s reports and public comments (including some from responsible or trustee agencies) that arrive at different conclusions, the proper course of action is for the EIR to provide genuinely independent and Ms. Denyelle Nishimori November 19, 2014 page 11 objective technical review based upon the substantial facts and evidence that are presented, not based upon applicants’ opinions that are either completely unsubstantiated or substantiated only by the absence of facts. The RDEIR does not do this and is therefore inadequate. For background, a few well known and documented facts about mule deer behavior and biology generally, and about the Loyalton Truckee (LT) herd in particular, should be summarized. Mule deer that utilize the montane (vs. foothill) zone of the Sierra Nevada mostly migrate between low elevation winter range, where snow accumulates only to shallow depths, and higher elevation summer range, which is only seasonally suitable for feeding due to the deep snow pack. Low elevation herds are non-migratory; this is apparently true even for some individuals in the LT herd. However, there is no such thing as a “resident” deer at high elevations where forage is buried in deep snow: so far as I know, all Truckee deer are migratory. Mule deer move as individuals or in small groups, almost always fewer than five or six (Kucera, 1978; Mackie et al., 2003). Thus, the fact that this is what is observed at Canyon Springs is normal, and cannot be cited as implying that use of the site is light. They almost always move in small numbers. In summer, females associate in small matrilineal groups which occupy rather small summer home ranges and generally exclude other does. They exhibit high fidelity to the same fawning areas, and this is reflected in their movement (Garrot et al., 1987) and genetics (Scribner, 1993). This genetic differentiation on fine scales also occurs on wider geographic and macroecological scales (Pease et al., 2009). This is why Mr. Butler raised the issue of genetics: it demonstrates that it is not just one giant panmictic herd, but instead is structured with considerable fine-scale genetic and habitat-use granularity. For this reason, relying upon the small acreage of the site relative to the entire LT herd summer range is completely biologically invalid. Thus, in a functional sense, it is somewhat of a misnomer to refer to the LT “herd” when in reality it is only a single herd on winter range (and even then, incompletely so). During migration and on summer range, the female mule deer of our area are more like a large number of small groups, each occupying small portions of an enormous summer range (Mackie et al., 2003; Scribner, 1998), with limited overlap except during migration, when preferred corridors are used for travel and in-transit foraging. This has major implications for the implementation and interpretation of GPS tracking studies, as discussed below. Bucks have a different land use ecology, utilizing much larger and overlapping summer home ranges. However, they are relatively insignificant compared with does because they constitute only a minority of the population and are of minimal importance in the maintenance of populations, because a single buck can impregnate multiple does. It is fecundity of does (which in turn is related to vegetation quality and minimization of energy loss due to disturbance) and survivorship of fawns that are much more important than the ecology of bucks in mule deer conservation. Hence the emphasis on fawning areas and migration corridors, which are so vitally important to herd survival and rebound from population stresses. Mule deer do not migrate by starting on a given date and moving steadily and unidirectionally to their destination. Instead, they move via an alternating series of relatively rapid movement paths and stopover areas where they spend much more time, foraging and assimilating body mass for winter survival (Sawyer et al., 2009; Sawyer and Kaufman, 2011). This is probably a universal pattern in ungulate migration (Johnson et al., 2002). In eastern Truckee, the season of migration extends over a period of about four to six weeks; CDFW deer tracking spreadsheets included in RDEIR Appendix A confirm this. In some situations (e.g., Mammoth Lakes region, for one example I have personally witnessed), herds may associate in holding areas where they remain in one general area until moving en masse to winter range when a major early winter storm occurs. This may also occur to some extent in one or more areas around Truckee, such as Old Airport flats near Old Greenwood and the agricultural inspection station (Butler, personal communication), though it is apparently not the normal pattern for the LT herd as a whole. The reality of use of stopover areas by mule deer has implications for the interpretation of observations of deer sign and movement during the migration season, because Canyon Springs may very well be one Ms. Denyelle Nishimori November 19, 2014 page 12 such stopover area. It is relatively open, facilitating predator detection, and supports a lot of preferred browse vegetation (bitterbrush scrub), which is a key factor in stopover ecology (Sawyer and Kaufman, 2011). Observations of deer moving in directions that seem not likely to head to winter range (HEC, 2011) and of autumn deer paths oriented in various directions (personal observation) are indicative of deer using the Canyon Springs area as a stopover. It is notable that the overall orientation of some of the rapid movement paths during the first significant snowfall in November 2008 is generally parallel to the alignment of the dense pattern of points in a file provided in RDEIR Appendix A called COMBINED…pdf (see below for complete name and discussion). Stopover areas are very important for conservation of functional deer migration corridors, in part because they function as important areas of assimilation of nutrients before the animals arrive on winter range. For this reason, the loss of winter range makes the migratory pathway even more important than it already was, rather than less, because loss of winter range increases the competition for food during that physiologically stressful season, and does’ survivorship and reproduction the following year are therefore more dependent on habitat characteristics of stopover areas along the migratory route. The RDEIR provides none of this important background information on mule deer biology and considers none of the implications for determination and mitigation of the Canyon Springs project’s impacts on the species and is therefore inadequate in its public information and impact identification responsibilities under CEQA. Specific shortcomings in the DEIR’s description of deer biology include the following: • It fails to note that, as is widely recognized in the literature, there is a lot more regional deer use in open shrublands and savanna than there is in conifer woodlands with more closed canopy (Collins and Urness, 1981; DFG et al., 1998; Innis, 2013; and many other references). Generally, albeit not exclusively, our migrating deer seem to preferentially use shrublands occurring on gentler topographic slopes, and generally avoid both high-canopy-coverage conifer forest and steep rocky hillsides. This interpretation is supported by my empirical observation within Canyon Springs and elsewhere in the region. The project avoids some open shrublands as open space, but locates development squarely in other parts of it, unfortunately right where heavy deer use and migration movement occurs. The RDEIR’s deer analysis seems to have taken as an axiom that all of the undeveloped land within and adjoining the Canyon Springs is actually equally used, or could be equally used, for deer migration. This is incorrect, and neither the RDEIR nor any appendix provides any supporting factual evidence. Moreover, the private land adjoining the site on the east is just as susceptible to being turned into blocks of dense residential development as the site itself, so it cannot be assumed that migration, even if it occurs there today, will be possible in the future. • The RDEIR and applicant’s deer reports mention “dense cover” several times, seeming to state or imply that the project site is less suitable for deer use than it might be due to a (total? relative?) lack of “dense cover.” What is meant by this? Deer use two main categories of cover, which are fundamentally different both in their structural characteristics and function in deer biology: thermal cover, and hiding (concealment) cover. Good thermal cover includes areas with sufficient tree density or topographic roughness to attenuate winds; this is provided in many patches of moderately dense conifer forest within the site. Hiding cover has very different characteristics: it must be visually dense (which does not matter for thermal cover), but need be only a few feet tall, especially in the case of suitable hiding cover for fawns, which is very important in avoiding predation. Optimal hiding cover includes dense shrubland, such as bitterbrush, 60 cm (about two feet) tall or taller (Leckenby et al., 1982; conventional definition of shrub height is the highest point of live vegetative canopy). Such vegetation certainly occurs in places, and probably extensively, throughout the project site. The RDEIR should be corrected to acknowledge that both thermal and hiding cover are probably present throughout the site, or should provide quantitative vegetation sampling data from many randomly situated plots to evaluate the structural characteristics of the vegetation with respect to canopy parameters. Ms. Denyelle Nishimori November 19, 2014 page 13 • The proposal to plant additional trees in the 7-acre patch of early-successional (post-fire) habitat is inadvisable. Landscape level biodiversity is best served by having a variety of different types of patches of vegetation and successional stages; this is specifically beneficial for deer habitat values (Leckenby et al., 1982, and many other sources). In particular, mule deer are known to find early and mid-seral stage vegetation, and specifically post-fire secondary successional vegetation, to be desirable (Innis, 2013; and the RDEIR itself states this principle with respect to the Martis Fire site). Many birds and other wildlife species require openings and woodland edges. Many California plant species are characteristic of post-fire successional vegetation. The proposed conifer tree planting, which is mistakenly recommended as a mitigation measure for the project’s adverse impacts on deer, would instead have a negative impact on deer and should be eliminated from the project proposal. According to DFG et al. (1998; executive summary), in forest-dominated areas, deer thrive on early successional habitats that are a product of disturbances that open up the forest and shrub canopy to allow grass/forb/shrub growth to occur. And, “as the [coniferous] stand continues to mature and the canopy further closes, habitat quality disappears for early successional favored species like deer” (caption to Photo 1a). In combination with ongoing natural tree regrowth, the proposed planting will have a negative impact on deer habitat. Also, aren’t we spending millions of dollars to thin small trees in the wildland-urban interface? There is already an ecologically adequate amount of tree regrowth occurring naturally in the area in question without any planting. The proposed planting of pine trees should be eliminated from the project. It is not a beneficial project element or mitigation measure. The proportion of conifer forest on site, some of which provides thermal cover, is already plenty high enough to satisfy the habitat requirements of mule deer. • There is a lot of successional and mature native vegetation on the site, of all growth forms (forbs, grasses, shrubs, and trees). The RDEIR provides no indication, references, or factual support for a contention that the supply of food plants is limiting the deer population and extent of use of the site. The most recent population figures I could find (for 1996, found in DFG et al., 1998) showed that there were only about one-quarter as many deer in the Northeastern Sierra Nevada assessment unit as there were at the most recently known population maximum (and about one-third as many as the consistent levels that prevailed for several years in the early 1990s). How could a population whose numbers have declined by so much now be limited by the overall availability of food plants? All the references and explanations provided would support a conclusion that almost everything other than supply of edible vegetation is what adversely affects the deer on the site, especially, residential development exactly like that which is being proposed. Discussing the NE Sierra Nevada deer assessment unit (DAU), DFG et al. (1998) states that "The habitat issues identified in this DAU are declining winter range conditions as affected by summer fires and grazing; development on winter ranges from the Carson City area to Susanville, especially around Reno and on summer ranges around Lake Tahoe/Truckee. The only one of these issues that is ongoing within California is developments exactly like Canyon Springs. That being the case, I cannot imagine what the line of reasoning is that somehow planting some additional vegetation is going to reduce the project’s impacts on deer. Also, although it is true that there are some disturbed areas that should be decompacted and revegetated for reasons unrelated to providing food for deer, virtually the entirety of the remaining shrubland vegetation on site is mid to late seral stage, which already supports essentially the maximum biomass of plants in the deer browse categories that the soil and climatic conditions permit. More seeding is not going to change anything for the better, and would not do anything at all to actually mitigate the project’s habitat-conversion impact. • The interpretations about ongoing disturbance by dogs and vehicles are inadequate and incorrect because empirical evidence from many observers shows there is substantial deer use (including migration) overlapping exactly the same areas that the RDEIR interprets as being of reduced value due to these disturbances. The cited disturbances are daytime ones, and the deer are most active in evening (HEC, 2011, states that 60 percent of the deer observations made by the automatic cameras were at night), so there isn’t as much of a conflict as is implied. One frequently observes abundant deer tracks and scat right on exactly the same roads with dog and motorcycle tracks. The preference of deer for crepuscular and night time activity rather than diurnal activity has nothing to Ms. Denyelle Nishimori November 19, 2014 page 14 do with human and associated disturbance. Anyone who spends enough time in remote montane Sierra habitat knows that deer are much more active at night than in the day, even in the absence of dogs and presence of very few people. • On the other hand, dogs in back yards adjacent to open space areas are unequivocally a disturbance that greatly reduces (although doesn’t completely eliminate) deer usage within a few hundred feet of the limit of parcels, because these dogs are present all the time, are generally not accompanied and controlled by owners, and are much more territorial than are dogs being walked in open spaces, so they are often highly vocal and active in the evening; and they often stray outside parcels. It’s true that presence of houses and associated disturbances do not absolutely exclude deer excursions to such area, but the vicinity of the developed areas experiences much lower deer use, and my observation as well as all available factual data suggests that they definitely do not migrate across areas of solid development of ½-acre or smaller parcels. So, the project would definitely reduce or eliminate the currently used major migration corridor across the site. • It is implausible that a nominal prohibition on dog use on trails would ever be implemented consistently (nor would it matter: daytime dog walking use isn’t nearly as big a problem as a solid block of houses with dogs present day and night). The only effective mitigation measure would be to determine the deer migration and heavy use areas empirically, and to design the project with sufficient setbacks that that use would not be affected by development and associated resident dogs. A setback of some hundreds of feet between the outer edge of the areas used by deer and the nearest parcel boundaries is probably the minimum that would be effective. DFW biologists might have a more conservative opinion. It is possible to configure and condition a project that includes very large parcel sizes, no fences, and native vegetation conservation easements, so as to minimize impacts on deer migration, but neither the present proposed Canyon Springs project nor any of the alternatives other than the No Project alternative achieves this. • Deer usage of habitat in the greater project region is far from uniform, but instead tends to be concentrated in specific areas (HEC, 2011). Past agency analysis and recent field data, including the data provided in HEC (2011), suggest that the project site is one of the most important migratory and other use areas for deer in the immediate vicinity. Unlike many other land uses, residential development permanently converts habitat to a condition that is minimally or not usable by deer again, and establishes a permanent regime of disturbance. As is recognized by many agency references, on an areal basis, this is a much greater impact than are other temporary habitat effects such as extractive activities or reversible natural events such as fires and ecological succession. Since the report “CEQA Significance of Mule Deer at the Canyon Springs Site, Truckee, California” (Heal Environmental Consulting [HEC], 2011) is still cited as a source in the RDEIR, some additional specific comments are appropriate pertaining to this report. Some of these comments duplicate those made later about portions of the RDEIR Section 4.4, but this is unavoidable since there is internal repetition within each document and much duplication between the two, and it is not entirely clear what is being presented as the existing conditions and impact analysis regarding mule deer. Also, although the comments about the applicant’s report are appropriate, the same substance needs to be repeated with reference to the RDEIR text itself, to ensure that response is required under CEQA. Quantitative and regional approach: The report is deficient in not clearly explaining what geographic context and proportion of the herd was used to evaluate the results. It is a basic principle of any kind of population-related biology that you first establish what the parameters of the study are, on a basis of absolute numbers, relative numbers, density per unit area, or multi-year time span; and you define what your terms mean. None of the reports about mule deer at Canyon Springs did this. HEC (2011) states “there is no direct evidence that deer use the site for … migration in substantial numbers. Then it states that deer “in small numbers” often browse and return to the same locations repeatedly during fall and spring migration (which sounds undeniably like migratory use). What is small? And does this mean the small group numbers, which is a normal and well documented aspect of mule deer biology wherever they occur, or small in terms of numbers of those groups, and if the latter how was that determined? Ms. Denyelle Nishimori November 19, 2014 page 15 What is substantial? Without definitions that are either numbers, proportions, or some objective functional biological thresholds that can be evaluated independently, these are meaningless words. If I were a member of a deer herd or cohesive unit within a herd, I’d hate to have my survival extinguished on the basis of no objective analysis at all. The term “substantial” is used to refer variously to numbers or intensity of deer use (not exactly sure which) and to potential degree of impairment of migratory corridors. Since the RDEIR’s entire foundation of impact determination rests on the exact meaning of this word in the different contexts, precise definition is mandatory. If such definition is not possible, then the correct CEQA procedure would be to assume the maximum plausible degree of use and impairment. HEC (2011) and the DEIR need to be much more specific about what they are representing to be the correct scientific approach to addressing the Canyon Springs deer use in the context of the whole Truckee-Loyalton herd, or subunits thereof. With respect to the herd as a whole, one might theoretically advance the argument (which the public and CDFW could then comment on) that the herd and its geographic range are hypothetically so large that no matter how much of a hypothetical impact occurs within 284 acres of it might be theoretically less than significant on a project-specific basis. I would not agree with that position a priori, but let’s take it as an axiom for this paragraph only. The recent history of decline in the herd’s population indisputably shows that a significant cumulative impact is occurring. If the Canyon Springs project could contribute at all to this, then the Final EIR must identify a significant cumulative impact and provide feasible and effective mitigation measures to reduce the cumulative impact as a whole to a less-than-significant level; or alternatively provide measures that would reduce the project’s impact to zero. If there is any residual contribution, then there’s still a significant unmitigated cumulative impact to which the project is contributing. The DEIR does none of these things, therefore it is inadequate in addressing the impact on the herd as a whole. Another level at which the analysis should have been carried out is the X7b zone, which includes Canyon Springs. This zone is about 330 square miles and supports approximately 640 to 900 deer (HEC, 2011). This is still a huge region compared with the site, but provides useful context. The fact that at least 10 percent of the X7b deer (and probably many more, as explained below) use the site during migration shows clearly that the site is of unusually high importance for migration within the region. In my opinion, a more biologically justifiable approach which the RDEIR needed to take in addition to the general approaches above for the herd as a whole and the X7b subunit, is to consider the portion of the herd that may migrate via Section 3 to or from fawning areas at Dry Lake or Lookout Mountain, a number of animals that is likely only a fraction of the X7b subunit. The reason this approach makes biological sense is that, if the migration corridor that such animals use is partially or completely blocked, those fawning areas might theoretically be abandoned entirely. If that were to occur, a migration corridor would have been eliminated or significantly affected, critical fawning areas would have been converted to an unused condition, and the geographic range of the Truckee-Loyalton herd would have been reduced, consequently there would be multiple significant project-specific impacts under applicable CEQA guidelines as quoted in HEC (2011) and the DEIR. There is empirical local precedent for this interpretation. Excellent long-seasonal wetland habitats, and some riparian thickets, occur at the Glenshire Pond and nearby tributaries, and certainly occurred there even prior to the construction of the weir. Such habitat would likely have been used by deer, and due to the presence of soft-leaved herbaceous vegetation, would have been suitable for use for fawning and/or early rearing of fawns. Now, with construction of the Glenshire subdivisions, migratory access to this habitat from some directions is inhibited, and it can no longer be used for these purposes. Based upon the large size of the X7b zone and the tiny fraction of its available fawning habitat that occurs at those two area, one might guess that only 5 or 10 percent of the subunit’s deer go to those sites (say, a maximum of 90 deer). Table 2 of HEC (2011) shows that 90 deer were detected within Canyon Springs during the spring migration period in 2011. Based upon that plausible percentage estimate, it would appear that virtually all of the Dry Lake and Lookout Mountain deer migrate through Canyon Springs. These are reasonable assumptions and data from the report itself that strongly indicate Ms. Denyelle Nishimori November 19, 2014 page 16 that the project’s direct adverse impact on deer migration is substantial and therefore significant under CEQA, and its potential indirect impact on two areas of critical fawning habitat (by blocking the only, or primary, migration corridor to it) needs to be recognized by the DEIR. Site-specific facts: The camera study described in HEC (2011) suffered from serious flaws in design and documentation, as discussed in greater detail below with comments on that document as a whole. The report lacks location information for the stations and lacks adequate description of methods (e.g., how the determination of sites “subject to frequent use” was made; whether all of the “fawns” were in fact fawns or if some were instead yearlings; and so on). Furthermore, published literature indicates that camera surveys of mule deer use are subject to skewing of the observations resulting from human scent and the activity of monitoring the stations regularly (Muñoz et al., 2014). There is no evidence provided that these sources of error were considered in the conduct and analysis of the camera observations; unquestionably, there is more deer use than revealed in HEC 2011. Nevertheless, HEC (2011) provides ample documentation of substantial use of the Canyon Springs site by migrating mule deer and by does nursing newborn fawns. As for elucidating usage patterns within the site, the HEC camera study is virtually useless. In March 2013, I commented that whatever value the camera study might have is considerably diminished by the lack of explanation of methodology (see above) and by the absence of a map showing the locations of the camera stations. If the stations were located away from areas of heavy use as revealed by pellet groups deposited in the migration season, and/or if the stations were not located within areas of development, then the entire study is essentially useless for drawing the conclusions that are stated in HEC (2011). Regarding a map of the station locations, the author states that “I believe this was found in the original camera study reports.” If this means HEC (2011), there is no such map in the version of this document that was included in the DEIR Appendix E on the discs distributed by the Town, so this remains an inadequacy. The only substantial facts and evidence bearing upon the question of which areas of the site are preferentially used by migrating mule deer are provided by the following three sources: 1) An image file included in the RDEIR appendix named “CS use by collared deer2012.” This was seemingly downloaded from Google Earth, having been created by displaying an unknown radio-collar data set or sets (as .kmz?) over an outline of the project site and Google Earth satellite image base. It shows abundant deer use nearly throughout the site, as well as off site. There may be some explanatory information about this file somewhere in the Appendix, but I didn’t see it. 2) A figure provided in HEC (2011) showing a scattering of deer and deer sign observations. While these drastically under-represent the actual amount of sign that is out there, they still demonstrate deer use throughout the site. 3) Photographs included in HEC (2011) which, despite the flaws of the study, demonstrate migratory use in the vicinity of the camera stations, wherever they were located. 4) Locations of deer sign shown in Figure 1 (Appendix to this comment letter). It shows that there is very abundant mule deer use of the site, which I can subjectively confirm (based on the freshness of pellets) occurs most especially during the migration seasons. Deer trails occur in many parts of the site. The applicant’s consultant states that “I have never seen that many.” The most logical explanation of this disconnect is that perhaps he did not do sufficiently systematic examination of the site at the time that the deer sign mostly appears: the migration season. Had he done systematic transects in November or December, if snowfall did not impede ground observation, he would have seen that many. In any case, the amount of fresh deer sign deposited during one or both migration seasons in 2008, 2012, and 2013 is at least equal to the number of points shown in Figure 1. As a side note, the applicant’s consultant comments disparagingly about the significance of the photograph of fresh deer sign included in my March 4, 2013, comment letter, but the pellets lie partly on top of the current seasons fallen pine needles, which have a pinkish or orangish hue when freshly fallen, and other (fewer) similarly colored needles lie on top of some pellets. The color of the pellets alone (exterior and interior; I have broken many apart over the years in trying to understand the pellet Ms. Denyelle Nishimori November 19, 2014 page 17 aging process) is sufficient to identify these as pellets that were deposited during the (then-) current migration season. But anyone who is adequately familiar with the phenology of pine needle fall in Truckee knows that the most abundant period of needle fall is in autumn and continues into November at least. The fact that the pellets in the photograph were dropped during the same time period as pine needles fall is pretty solid evidence that they appeared there during October, which is precisely the mule deer migration season. Many other similar photographs, associated with geographic coordinates, could be provided of deer pellet groups that were deposited during the migration season. The RDEIR should have acknowledged, and the Final EIR must acknowledge, that there are substantial facts and evidence demonstrating significant migratory use of the Canyon Springs site, or the EIR will remain inadequate and certification cannot be legally justified. Given that the applicant’s consultant’s opinions are so starkly at variance with factual statements provided in public comments, the proper procedure would have been for the RDEIR consultant to do a sufficiently systematic site reconnaissance to facilitate a judgment of which representation is most scientifically accurate; if not to actually fully substantiate the quantitative and locational information supplied in public comment. On the one hand, the applicant has supplied unsubstantiated opinions about the amounts of deer sign that appears during the migration season(s); on the other, the Town has received substantial facts and evidence showing abundant migratory use of the site. Either the EIR should go with those facts, or the EIR consultant should have carried out and documented a thorough enough field study to provide an equivalently dependable body of facts and evidence. Absent such study, the proper procedure under CEQA would be to go with the substantial facts and evidence and conclude that there is substantial migratory use of the site. HEC Executive Summary: The statement that fawning is not known to occur within the Canyon Springs site is incorrect, because the report itself provides strong biological evidence of fawning within the site (see explanation under “HEC impact analysis,” below). The correct statement is that, according to Table 2, fawns only a few days or weeks old have repeatedly been observed within the site, during May (when they are born), and that these fawns are unlikely to have been born in the known fawning areas 1.5 and 7 miles away, and to have then been brought by their mothers from those areas to the site. Therefore, facts presented in the report suggest that it is likely that there is fawning habitat within the Canyon Springs site, and possibly also very nearby but outside it. The conclusion that "very few" of the regional deer use the site during migration is incorrect. The camera observations were of about 60 deer in fall and 90 in spring migration (and there were probably more, as explained below). This is approximately 10 percent of the population of the X7b zone (stated in the report to have recently been 640 to 900 animals). The Canyon Springs site is about 0.444 square mile, which is about 0.13 percent of the area of the X7b zone (about 333 square miles). So, at least 10 percent of the animals of the X7b zone are passing through 0.13 percent of the area during migration. It is much more reasonable to interpret this as an unusually high density of migratory use of the site by the regional deer, than to conclude that "very few" of the X7b deer use the site. The report has both of these conclusions exactly backward from the most scientifically sound interpretation. HEC Introduction: HEC provides no definition of what is meant by "substantial adverse effect" on migratory routes or fawning habitat [there is no qualifier "critical" fawning habitat]. Without a stated threshold, or at a minimum some subjective explanation, this cannot be evaluated and is meaningless. If this use of "substantial" has no specific meaning, the word should be deleted and the standards should merely read "adverse effect" on migratory routes or fawning habitat. I dispute the conclusions stated in HEC Section 1.1, but some of them merit comment. First, what is the definition of "substantial numbers of deer" with regard to migratory use within a site of only 284 acres? Without a number, or a proportion, or density per unit area that makes sense in the context of the X7b zone, or some other quantitative measure, this usage of "substantial numbers" also has no meaning, and the words should be deleted from all of these sentences too. Thus, the sentence would become "there is no known direct evidence that mule deer use the site for migration." This is incorrect. Ms. Denyelle Nishimori November 19, 2014 page 18 Mule deer "consistently" crossing the northern panhandle of the site sounds exactly like migratory use to me. The report should have explained how “consistent” is discriminated from “substantial.” The statement about the value of the site being "severely limited" is 100 percent hypothetical; zero evidence is provided anywhere to support it. The fact that dogs and motor vehicles are present during the day is indisputable, but the inference that this severely limits the value of the site for migration (or even for fawning) has no foundation at all. What does “severely” mean in this context? It is inappropriate in a putatively scientific report to state the key conclusions in the Introduction, before any actual data have been presented. The normal procedure for a technical report is to present the background science, then methods, then your data, and finally the conclusions that were drawn. This report goes exactly backwards, creating the strong impression that the conclusions had been arrived at before any data were gathered, as indeed a reading of the author’s prior reports show they were. HEC Methodology: The report states that the author studied the site on many dates in 2004, 2008, and 2009, and in all of that time apparently found only 53 points of deer sign. The report does not explain what methodology was being employed to search for deer sign that the survey work was that ineffective. These results are discussed below in comparison with other examinations of the site. HEC camera methods: The report describes the deployment of automatically triggered cameras in sets of three at each of four locations. Such cameras are a useful tool for certain wildlife studies, but have serious limitations as the sole means of assessing the amount and distribution of mule deer use within the Canyon Springs project site. In particular, they’re nearly useless for assessing comparative use areas or the locations of migration corridors (although they’re excellent for doing year-to-year population comparisons once the corridor has been delineated – a question that is irrelevant to the CEQA analysis). The report states that the camera stations locations were at sites “known to be frequented by mule deer,” but does not explain how this was known. Were the sites selected to be where sign was recorded in 2009 and shown in HEC page 2-8? If so, that’s a pretty weak basis for determining the sites were “frequented;” the correct wording would have been “visited at least once.” If there was some additional data for determining one site was “frequented” and others were not, please provide this additional data. The locations of the camera stations must be provided. Ideally, the exact GPS coordinates should have been supplied, or at least an accurate, large-scale map, so that the public could examine the exact spots and evaluate their biological suitability for the intended purposes. Notwithstanding the limitations of this study approach, it provided some data that contradicts the report’s conclusions. Comment on the camera station results is provided below. A far superior study method would have been pellet-group surveys, which were recommended to the project owners both by Jones & Stokes Associates and by me. This subject is discussed below. HEC Results: Chapter 3 provides mostly background on regulatory setting and mule deer biology that belonged in the Introduction. The only actual results are the camera station data; curiously, the 2009 figure of deer sign is included within Methodology. The first “Results” that are provided are statements about deer biology, so I comment on those first before discussing the camera station results. To begin with, there is a significant omission in the report. HEC (2011) cites the 1988 DFG management plan in the references, but doesn’t even mention that DFG determined that there was a major migration corridor through most of the Canyon Springs site. Foothill [2004] – a piece of “previous analysis” which the DEIR states it confirms? – states that it was the migration corridor at that time; my empirical data, provided in Figure 5 of this letter, show that the corridor is still heavily used. All the report does is to repeat the unsubstantiated opinion that such a corridor does not exist within the site. If so, is the interpretation that the DFG map was correct at that time, but that the deer abandoned the Canyon Springs migration corridor sometime between 2004 (when it was pronounced still to be present by Foothill) and 2009 or 2011? I don’t think DFW believes that’s the case, and that’s a very short timeline for such a major biological change. If all that has happened is that the population of the whole herd or the portion of it that uses the eastern Truckee area (Dry Lake/Lookout Mtn./Canyon Springs migration corridor) has been reduced in number, the significance of any additional impacts such as the Canyon Ms. Denyelle Nishimori November 19, 2014 page 19 Springs project is even greater, not smaller, as it jeopardizes the very survival of this portion of the herd or its use of the geographic area entirely, which would be a significant impact under CEQA. HEC page 3-2 states that “wildlife movement corridors also function as migration corridors for wildlife that migrate between their summer and winter ranges.” This statement is not accurate, as is explained on page 4.4-27 of the DEIR. Some movement corridors may also function as migration corridors, but most of them do not. Also, it is biologically incorrect to infer that a movement corridor or migration corridor for one species must also have similar values for other species. Animal species differ in degree of tolerance of disturbance, and in the characteristics of vegetation which they require. Analysis of corridors (both kinds) and buffer zones must be undertaken on a species-specific biological basis. HEC pages 3-2 to 3-3 state that “adverse weather conditions can affect the herd more dramatically since their movement patterns are becoming increasingly limited as residential development, recreation, and other land uses decrease the value of the habitat (Quad Knopf 2004). Does it not therefore make sense that the proposed project would contribute to this cumulative impact? HEC page 3-3 then states that “to be effective, wildlife corridors must be managed to meet specific goals and the sensitivity of the species to disturbance must be considered.” I did not find anywhere in HEC (2011) or the DEIR where these specific goals were identified, or where the sensitivity of mule deer to disturbance was considered, or where the nexus of the unidentified specific goals to preserving the function of the existing deer migration corridor is explained. I also did not find anywhere that the sensitivity of migrating mule deer to disturbance was adequately considered. If “wildlife corridors for mule deer can be more effective when combined with buffer zones,” where is the discussion of this point? What are the buffer zones for Canyon Springs? The 50-foot setback from wetlands and 100-year floodplains which in many cases is included entirely within a developed lot of less than 0.4 acre? What are the references upon which HEC (2011) and the DEIR rely for the determination of how wide of a buffer zone between development disturbances (not just the buildings) and the spots where the migrating deer pass has been shown to be effective in preserving migration corridor function? There is applicable scientific literature on the principles of determining buffer zone requirements; HEC (2011) and/or the DEIR should have reviewed and discussed these references. Here again, as in many other places, the fallacy that daytime human disturbances make the migration corridor unsuitable is repeated, notwithstanding the report’s own findings that most of the deer activity occurs at night, when these disturbances are not occurring. Besides, if this incorrect contention which is made over and over again were in fact true, if Canyon Springs were built, wouldn’t this body of disturbances just shift eastward into exactly the area where, by implication (but probably not realistically in any case, for ecological reasons), the deer will in future have to migrate? It’s an empirical fact that the recently erected no trespassing signs near the eastern side of Canyon Springs do not prevent people, dogs, and so on, from going into this habitat area. For this reason, the DEIR must delete all of the statements or hints that maybe a substitute migration corridor might be available in the eastern half of Section 3, because the logical extension of the report’s statements is also that Canyon Springs would result in impairment of migration in that area just as the report contends that the Glenshire development has the effect of impairing the utility of the existing migration corridor in Canyon Springs. You can’t have it both ways. I disagree that “to be effective, wildlife corridors must be managed…” because four lines later, we are told that “The Canyon Springs site is currently unmanaged as a wildlife corridor.” But deer migrate through it anyway, and always have! The DEIR and supporting documentation should be revised to remove these sorts of confusing and contradictory statements. HEC camera results: The interpretation of results (pages 3-5 to -8) is an inadequate basis for impact analysis. It is telling that HEC (2011) itemizes many observations of deer at the camera stations, but only the cover photograph shows a deer. The three photographs included in Appendix A are of dogs and people. Why were those included at all? Why weren’t all of the photos provided instead of many pages of old reports? The full set of photos is necessary for the public to make its own guesses as to whether the photos all represent different animals, or some of them are the same deer re-photographed, and Ms. Denyelle Nishimori November 19, 2014 page 20 whether the whole groups of deer appear in the photos (or whether there might be additional individuals not listed in Tables 1 and 2). The report should provide all the relevant data. The report states that the cameras used were Bushnell Trophy Cam model, which I understand has about a 50 foot range of motion detection. Even though three of these cameras don’t cover a full 360 degree range, for practical purposes, any deer that passed within a 50-foot radius of any of the four three-camera stations would have triggered one of the cameras and would have been photographed. The coverage area of each station under this assumption is about 7,854 square feet, or 0.18 acre. Since the DEIR states that the site is about 284 acres, the camera study therefore covered only about 0.063 percent of the site. Calculating from the coverage of this proportion of the site and the note of 38 observations of a total of 61 deer observations in the fall survey period, and assuming that the stations were placed in locations that had an amount of deer use and migratory movement that was typical (average) for the entire site, one finds that total coverage of the site by camera stations would have resulted in about 60,000 detections of a total of over 96,000 deer. The spring survey period resulted in observation of 90 deer, so that would be 90,000 detections of 144,000 deer within the site in spring. Surely, with that many cameras, most of these would have been re-detections of the same individuals, but, relying only on the information provided in the DEIR, it is clear that the deer use of the site is much more considerable than the evaluation of biological impacts suggests subjectively. The report states that “it is highly likely that many of these deer observations were of the same animals multiple times. What is the support for this statement? On the contrary, the most reasonable conclusion is that, since the coverage area of each station is such a microscopic proportion of the site, that the likelihood of re-detections is very low. The report also states “It is also highly likely that other deer were on the site and were not observed.” This is far more likely than re-detections, so the numbers of deer reported in Tables 1 and 2 are almost certainly much lower than the actual numbers present on the site during the migratory seasons. Twice as many? Ten times? Without some kind of estimates of the proportion of repeat detections and non-detections, I do not understand what utility the camera surveys have either for the determination of whether “substantial numbers” of deer use the site for migration, or for impact analysis. The only information they provide is that the deer that were detected throughout the site, in groups of six or fewer (larger groups have been seen by others), and that fawns are present on site during the month in which they are born. As explained before, without quantitative, biologically reasonable definitions of “few” or “substantial” or other such terms, the camera station observations contribute almost nothing to objective evaluation of existing conditions or to impact analysis. Any discussion of numbers of deer and amount of deer use should also have taken into account that, based upon the most recent figures I could find, the regional deer population is currently only one-third or one-quarter of what it was only a few years previous (DFG et al., 1998). Deer populations have the capacity to rebound quickly, so, from a long-term future biological perspective, the DEIR analysis should multiply any numerical data about deer on site by three or four. HEC impact analysis: HEC (2011) cites Beck (1990; a reference which was not provided for public review and comment) as concluding that “there is no evidence the site is part of a major migration mule deer corridor [sic].” Without providing the sampling methodologies and data upon which this conclusion is based, it is of no value at all. The text further states that “migration occurs in a diffuse pattern because the topography does not restrict mule deer movement.” This statement is false. Deer migratory movements generally, and specifically in the project vicinity (as shown by actual field data), are not diffuse, but instead follow relatively specific paths. Given the major shortcomings in HEC (2011), the DEIR is not adequate unless it either 1) provides us information on the number of deer that use the Dry Lake/Lookout fawning areas or any others accessed via Section 3, and a quantitative, or at least objective, means by which the meaning of “substantial” is determined; or 2) relies on a default position that site use by a single deer is “substantial;” or 3) provides objective numerical justification for some intermediate position. If 70 deer go to Dry Lake and Lookout (which would be a huge proportion – 10 percent - of the whole X7b population), and only seven of Ms. Denyelle Nishimori November 19, 2014 page 21 them ever migrate through Canyon Springs, would the DEIR find that proportion (10 percent) to be “substantial,” or not? If about 700 million people died from something (10 percent of the present human population), I believe that this would universally be judged to have been a “substantial” loss of life. The point is that even numbers of individuals of several, ten, a few score, can very well be biologically substantial. For the DEIR to dismiss the current deer use as not “major” or not significant on some numerical basis, it must have provided a very strong analytical basis for this opinion, and it does not. Absent this kind of rigorous and objective analysis, the DEIR must default to the position that one deer is significant, and that anything that doesn’t even sever the migration corridor but only makes it more stressful to use has a significant project-specific impact. That’s an extreme position, but it is the job of the DEIR to provide a strong scientific basis for picking some other position along the continuum. Both RMT (2009) and HEC (2011) note the detection of fawns within the site in May and June, one of them being mapped within a few hundred feet or less of one of the proposed blocks of development (HEC, 2011, page 2-8). The camera detections of fawns might be located within proposed development areas, but we do not know because no map was provided. Fawn photographs were obtained from three of the four camera stations on May 15, May 17, May 26, and June 1 (and on later dates). These observations are biologically significant. Fawns present in May and June would have been born very recently (days or weeks), and fawns that young do not travel far, so they must have been born within or very close to the site. The text on page 4-10 notes the presence of a fawn not accompanied by its mother. Does habitually avoid the fawn except while nursing so as not to attract predators, so that was a fawn that could not have been older than 2-3 weeks (as the text itself states), because after that time the fawn begins to eat vegetation and stays with the doe (NRCS et al., 2005). Fawns in their first weeks of life do not travel far (if at all). Therefore, the best interpretation is that the fawn in question was born within the site or very nearby; so this constitutes evidence that fawning habitat is present within or immediately adjacent to the site and, based solely upon facts from the report and relevant literature, falsifies the statement in the Executive Summary that no such evidence is known. The presence of fawning habitat on site or very nearby may have been noted by DFG in 1988 but was not of sufficient areal extent to be recognized as “critical” fawning habitat. The DEIR provides no basis to consider that only “critical” fawning habitat is of CEQA significance, and indeed the standards of significance that are quoted in HEC (2011) omit the word critical. Other (probable) fawning habitat (whether marginal, fair, good, very good, or optimal), which the report’s results indicate is present within the site, should also be addressed in the existing conditions and impact analysis. The best fawning habitat might be dense riparian and wetland habitat with abundant moist vegetation, but shrublands providing hiding cover are also very suitable – exactly the sort of habitat that occurs widely within the bitterbrush at Canyon Springs. This subject illuminates a fundamental inadequacy and inconsistency in the assessment of deer habitat use in HEC (2011) and the DEIR. On the one hand, without any recent data gathering, the documents rely upon the 1988 DFG determination that critical fawning habitat is found only in locations 1.5 miles and further from the project site, and nowhere closer, to arrive at the finding that the project will not have any impact on such resources. Neither document provides any actual data that there isn’t fawning habitat on site or within a few hundred feet of it. On the other hand, based upon inadequate data, they disregard the 1988 DFG determination that a major migration corridor runs right through most of the site. You can’t have it both ways. Either you accept the 1988 baseline in all relevant areas, or you re- evaluate the biology thoroughly in all respects and provide a full data set for public review. The DEIR deer discussion is also deficient in not recognizing the importance of fawn rearing habitat (that is, not merely the exact microsites where the fawns are born, but also nearby habitat where they spend their initial weeks or months). The standards of significance provided by the DEIR on page 4.4-38 recognize that to "impede the use of native wildlife nursery sites" is one kind of significant impact. Does with fawns only a few days or weeks old, right within the proposed development area, would certainly seem to be "using a native wildlife nursery site," which use would be "impeded" by building houses right there. This is a subject that must be expanded upon in the revised DEIR and/or FEIR, by providing some actual substantive content, not merely by dismissing it as unimportant without substantiation. Ms. Denyelle Nishimori November 19, 2014 page 22 Pellet Group Surveys Would Have Been Preferable for CEQA Purposes In a letter to Mr. Brian Olson and Mr. Gavin Ball dated October 28, 2003, Steve Henderson (Wildlife Ecologist/Project Manager, Jones & Stokes Associates) identified significant shortcomings in both the data and the analysis of deer impacts in the 1990 EIR for a previous project, virtually none of which have been remedied in the nine years since the project owners received the JSA letter. Mr. Henderson states “The lack of quantitative data on deer use of the site during the migratory periods is the primary data gap that should be addressed before formally evaluating impacts…and developing reasonable mitigation measures commensurate with those impacts.” As explained above, the camera study does not remedy this data inadequacy at all. He specifically recommends that the project: “Conduct a technical study to quantify deer use within and adjacent to the project area. Studying mule deer use and movement…based on pellet and track count techniques…would provide a basis for addressing direct and indirect impacts and developing mitigation or compensation strategies. “Develop impact evaluation criteria and thresholds for determining the significance of impacts on migratory deer.” These were excellent recommendations, which were similar to ones made in comment letters responding to NOPs in 2004 and subsequently (including having been incorporated by reference in 2011). Unfortunately, the owners and DEIR having ignored these recommendations, the evaluation of impacts on deer is not adequate under applicable CEQA guidelines. Systematic deer pellet group surveys (also referred to as pellet counts) are an extensively used traditional technique (Neff, 1968), which are now made much more biologically powerful with the advent of GPS units with which a waypoint may be recorded at each pellet group or track. These are a much better means of assessing deer use for the purposes of the DEIR than are four widely spaced camera stations. Specifically, the DEIR needed to address the levels of use and the migration corridor(s?) in different locations within the site, so that the impacts of the project design and alternatives could be evaluated. Mule deer are highly faithful to the same migration corridors, sometimes (often?) to exactly the same footpaths, so the exact portions of the site which they use most heavily must be known, at least generally, in order for the DEIR to adequately evaluate impacts on mule deer. The locations of sign also provide general indications of what habitat types deer use most (several such studies are reviewed briefly by Dealy et al., 1986). The arithmetic precision of the correlation between time spent in a habitat subtype and the number of pellet groups deposited there is reasonably good for some habitat types, but poor for other types (e.g., stagnated forest, which does not occur at Canyon Springs; Collins and Urness, 1981). But it is almost always qualitatively useful. In particular, Collins and Urness found that the percentage of pellet groups deposited when deer were on the move is much higher than the percentage of time that the animals are moving; thus, pellet groups are likely to be a particularly good indicator of areas of migratory use. The habitat use information also is important information for project design and impact evaluation. Since information on locations of deer use is fundamental to the DEIR’s impact assessment (how can one determine whether a migration corridor will be substantially affected if its location is unknown?), thorough GPS pellet group surveys are a far superior method of gathering data than are a small number of widely spaced camera stations. RMT (2009) states that the biologist spent two days (June 16 and 17, 2009, or is it June 18 and 19 as stated in HEC, 2011?) surveying for deer and sign and found only 33 sites of deer scat and 20 observations of tracks. In a similar amount of time walking some transects across the site at 100 meter intervals, with the intent of demonstrating the utility of this approach to the applicants and planners, I personally mapped about 600 points of deer sign within the site, nearly all of them discrete different piles of scat (pellets) but including a few tracks. Neither HEC (2011) nor the DEIR provides any explanation of how the methodology used in the survey for deer sign upon which it depends failed to locate the many thousands of points of deer sign within the site. I tentatively estimate 35,700 points based on extrapolation from the limited sampling area that I observed, namely, estimated 6 foot coverage width (just rechecked in the field) times 6.5 miles of transects for a coverage area of 4.7 acres Ms. Denyelle Nishimori November 19, 2014 page 23 or 1.65 percent of the site. Given the importance of the site to deer as recognized by DFG (1988), and the project proposal which is a permanent impact right in the migration corridor, a rigorous systematic study would have been appropriate, based upon which the data could be refined or corroborated. Nevertheless, these empirical facts cast doubt upon the adequacy of the project’s studies and indicate that the DEIR and supporting reports greatly underrepresent the amount of deer use on the site. Based upon site examinations carried out with a comparable methodology for similar time periods, the applicant’s previous surveys of deer sign had a detection efficiency of somewhere around 6-9 percent on the basis of points of sign found per unit time, which I think is not good enough for CEQA purposes. In the event that new studies are performed by the same individual as before, the reporting should include an objective explanation of how the field methodology of any new studies differed from the previous ones, in a manner that can reasonably be expected to improve the very low previous detection efficiency of 6-9 percent at least up to somewhere above 90 or 95 percent. The GPS locations of deer sign show that some of the areas of higher density deer use within the site fall within the development areas. The GPS data shown in Figure 5 also include lines of deer tracks observed in late afternoon during the first big snowstorm of November 2008 (which are the weather and calendar circumstances under which some deer migrate), demonstrating conclusively that there is migratory use within the site. I found several groups of migrating deer tracks (one or two were individuals; others groups of three or more), not very closely geographically aligned, in a matter of a few hours. These are most reasonably interpreted as representing multiple groups of migrating deer, on just that one afternoon. A similar and more comprehensive study through the season might have found numerous. This is factual information that indicates that there is a migratory corridor within the site, which will be impaired or eliminated by the project’s habitat conversion, and this impact is not reduced from “potentially significant” to less-than-significant by project design elements. I could not find a clear and unequivocal statement in HEC (2011) regarding the author’s conclusions about deer migration through the site. Page 4-10 states “Small number of mule deer were observed foraging and moving back in their home [summer] ranges” and elsewhere that the herd “uses the general vicinity of the Canyon Springs site and other areas in the vicinity during migrations.” And elsewhere, we have repeated statements that it is “not a major migration corridor” (without any definition of “major” ever having been provided). HEC (2011) seems to be implying that perhaps there is no migratory use whatsoever; is that the way the public is meant to interpret the report’s text? The report needs to provide an unequivocal statement of the findings. Either there is zero migratory use at all, or there is some but it is not “major” or “substantial” in which case a definition and basis for the definition must be provided, or there is quite a bit of migratory use. Please be specific. The DEIR states that there is migratory use, but only by a “few” individuals. Given the inadequacy of the data collection, this conclusion is not well supported. Accordingly, since the DEIR is not specific, it falls to the public comment process to provide definite evidence. Along with Figure 5 showing the overall deer sign data, I include in Figures 6 through 9 showing evidence that deer do migrate through the site both in spring and in fall. The following conclusions are suggested by the data provided here and shown in Figures 5 through 9 of my March 4, 2013, comment letter: • The graphic shows substantial facts and evidence that contradict the statement in the DEIR that "there is no evidence the site is still used as a migration corridor." All of the points shown in Figure 5 (updated as Figure 1 in the present letter) are discrete different points of deer sign (nearly all pellet groups), and Figures 6-9 from March 4, 2013 which are incorporated herein by reference provide factual evidence of migratory use. Scores of additional similar photographs exist. The Final EIR must acknowledge these substantial facts and evidence. If the EIR consultants wish to review them before completing their responses to comments and EIR revisions for the Final, I encourage them to contact me for files or additional information. If the Final EIR does not acknowledge these observations as substantial facts and evidence and incorporate them into its analysis, it would Ms. Denyelle Nishimori November 19, 2014 page 24 become necessary, for CEQA adequacy, for them to be supplied as comment on the Final EIR and/or during the Planning Commission hearing, which would be rather late to make any substantial improvement of the EIR so that certification could be justified. • Figure 1 of the present letter confirms the existence of the major migration corridor mapped by DFG for the 1988 management plan, although the data from this preliminary examination of the site indicate that its outline may be slightly different than that mapped in 1988, and that actual migratory movements as inferred from pellet group locations are concentrated in specific portions of the site. • Deer use all of the blocks of proposed development. • Some of the areas of heaviest deer use occur within proposed development areas. • Consequently the only reasonable conclusion is that the project would substantially interfere with a migration corridor, which is a significant impact not identified in the DEIR. [As an aside, there is no feasible and effective mitigation with the proposed project design, as is explained below.] • Surprisingly, deer use of the western half of area that is proposed as the main open space patch, including the main tributary and wetlands, is relatively light: they may cross this area, but it is not their migration corridor. Heavier use occurs in the eastern part of this open space area. So, the value of the project's open space layout to protect the migration corridor is limited, and if the continuation of a migratory pathway is completely blocked by houses, the fragment that is preserved within the open space is of dubious value. There are other reasons that retaining this particular open space area is environmentally valuable, but the actual data suggest it is not very valuable for deer migration in the context of overall project layout. On page 4.4-31, the RDEIR states, “However, there is no data showing the project site to be a major or important migratory corridor for mule deer.” This is factually incorrect; data showing hundreds of points where deer sign is found, appearing most abundantly during the spring and autumn, was provided on March 4, 2013, and more is provided with this comment letter in Figure 1. These are substantial facts and evidence showing abundant migratory use of the site. If the RDEIR takes the position that the site in not important for migration, then how can it find, in the impact analysis, that there is a significant disturbance impact on mule deer movement, foraging and/or migration the would result from the project? The impact statement is correct, therefore the Final EIR must correct the misstatement on the present page 4.4-31. This subject is discussed in more detail below, in comments on the impact statements. Page 4.4-32 ignores evidence provided in HEC 2011 of probable (nearly certain) fawning on site in 2009, and the fact that vegetation having the characteristics of preferred fawning habitat occurs on site (see above). See my “Comments and Responses in RDEIR Appendix A” for further detail. Applicability of CDFW Deer Tracking Data For many reasons, the applicant’s consultant and law firm and the RDEIR are in error in relying upon the preliminary GPS data obtained from CDFW to constitute sufficient basis for arriving at a conclusion that deer do not use the site, or that migration use is not substantial. One of the files included in the Appendix depicts radio tracking data shows abundant use of the Canyon Springs site by a radio-collared deer (“CS use by collared deer2012”). Unfortunately, there is no legend or documentation on this figure of where the data came from. Curiously, this data is absent from the file called COMBINED SHAPE FILE-PublicRecordsRequest—1-22-13.pdf (referred to below as COMBINED.pdf) Nevertheless, it shows that the GPS tracks do not adequately reflect all deer use in the area; we already knew this from facts submitted in public comments on the DEIR, but this file included in the RDEIR falsifies the allegations of the applicant’s contractors and shows that the RDEIR determinations are incorrect. Ms. Denyelle Nishimori November 19, 2014 page 25 Abundant observations of deer individuals and small groups, and of abundant deer sign including sign freshly deposited during the migration season, are documented in comments on the DEIR and by the applicant’s consultant himself. These facts and evidence show that the GPS tracks do not adequately reflect all deer use in the area; therefore reliance upon them to draw conclusions that migrating deer do not use the site is illogical. In truth, the specific GPS tracked deer did not; but other deer do, as shown by other facts and evidence. Therefore all of the negative inferences must be rejected as incorrect. The COMBINED.pdf file shows many individual points from two deer that used portions of eastern Truckee, an unknown number of deer represented by green points, and some lines that seem to be the GPS tracks of migrating deer. There is clearly some shortcoming in this file, because the spreadsheets with deer GPS locations in the folder 130827_MuleDeerData show that the recording interval is one hour, and it seems impossible that a deer could have traveled the distance of many of the straight line segments in COMBINED.pdf in just one hour. There is a misleading label on this graphic stating “concentration of deer collar points within portion of Glenshire” when what these points really constitute are peripheral points at the very edge of Glenshire, recorded from deer that almost exclusively utilize areas outside the developed lots. The graphic as a whole shows how profound an effect a subdivision like Glenshire or Canyon Springs has on mule deer use. Wildlife biologists have known for years that merely looking a a bunch of points on a map, or connecting them with straight line segments, is an inadequate way to use this kind of data for analysis of wildlife habitat use (Millspaugh and Marzluff, 2001) and have developed and tested various methods for extracting a better understanding of the animal’s actual biology (Johnson et al., 2002; Morales et al., 2004; Horne et al., 2007) for application to land management for conservation or mitigation purposes (Sawyer et al., 2009). The COMBINED.pdf graphic demonstrates an inadequate grasp of wildlife biology and the state of radio tracking science in making a particular point about the occurrence of only two points within the corner of the Canyon Springs site, and the locations of those two points. Even though the data set of radio points that we have is hopelessly inadequate for analysis of potential use of the Canyon Springs site and potential project impacts upon that use, even this small data set would have been better represented by, for one possible example, applying the methods of Horne et al. (2007) to the points of the one single tracked deer that moved around the vicinity of Canyon Springs and Juniper Hills. In another direction, the RDEIR Appendix A includes a shapefile set named CombinedMCPs.xxx in a folder labeled “Fawning Areas.” There is no explanation of the source of this data or of how the determination was made that those were the fawning areas, or, if these are tracking data, where the deer were captured that yielded the data. All of these things need to be clearly explained for this file set to be meaningful. See the following paragraphs for one reason. Neither the applicant’s consultant nor the RDEIR preparers seem to have critically reviewed the (admittedly rather disorganized) information in the RDEIR Appendix A in the context of the known and extensively documented facts of mule deer biology. Consequently, these parties arrived at a conclusion (that mule deer do not migrate through or fawn on the site) that is not actually supported by the data sources that they cite. For example, the file “Verdi subherd deer capture_collars status_MS_22Feb2013.xlsx” provides what seems to be a complete list of the GPS-tracked deer and their capture locations. The majority of these deer were captured in the Truckee River Wildlife Area, and exactly three of them were captured in “Glenshire/Truckee.” When one examines where the capture coordinates for those three deer are located, one sees that all of them were obtained in the bitterbrush flats west of and outside the Glenshire subdivision, and near or just south of the Truckee River. Abundant scientific literature, and even the applicant’s consultant’s reports, document that mule deer display very high site fidelity to summer use areas. Sure enough, the deer that were tracked used, as one would logically expect, exactly those same areas (see Summer_Map.jpg). This is precisely what should be expected for GPS tracking of deer captured in those areas. It would be very surprising, and at variance with known mule deer behavior, for those deer to show up at Canyon Springs. The fact that the Ms. Denyelle Nishimori November 19, 2014 page 26 GPS tracks don’t reflect use of the Canyon Springs site does not show that the site is not used; all it shows is that there were not enough deer from the relevant portions of summer range being tracked. It cannot be repeated enough times that there are a lot of other data showing substantial migratory and other use (at least some fawning and rearing use) of the Canyon Springs site. If the GPS data don’t show this, that proves that the GPS data set isn’t complete enough to draw the kinds of conclusions that the RDEIR and applicant’s consultant and attorney state. Regardless of the reason why, the list of tracked deer in Verdi…xlsx does not include ones that would have been expected to migrate through eastern Truckee and adjacent lands, so the data set is insufficient to be relied upon for impact analysis for the Canyon Springs project. One of the most basic principles of biological surveys is that absence of evidence is not evidence of absence. Just because the limited GPS study data – which the applicant’s own reports show does not reflect the entirety of deer use on site – did not detect this use does not mean that the other substantial facts and evidence can be ignored in arriving at a no-substantial-use conclusion. I emphasize as strongly as possible that the foregoing remarks are not criticism of the conduct or data of the CDFW mule deer tracking studies, but are meant solely to illuminate why it is a misuse of the resultant data to redirect it the purposes for which the applicant’s consultant and RDEIR seem to want to use it. The CDFW data is very useful, but simply does not provide a sufficient data set for those purposes. DEIR Impact Analysis Text on page 4.4-47 conflicts with many other statements by RDEIR and applicant’s consultant and attorney that are provided in the DEIR and RDEIR Appendices. The Final EIR must clarify unequivocally that the EIR finds that the migratory and fawning use of the site is sufficiently substantial that a potentially significant impact could result from adverse effects on such use (otherwise, how can the impact statement under (iii.) possibly be correct?). Is the finding that all three (movement, migration, foraging) are significant affected? Or only migration? Some combination of two choices? The Final EIR must clarify. In my observation, migratory use of the site is quite substantial, and facts and evidence have been provided as part of the public comments, so this determination is well supported. Migratory corridors are certainly the most limiting of the three factors mentioned. I agree that this finding of significant impact is correct, but the RDEIR is clearly incorrect in finding that the direct impact, from conversion of migratory habitat (stopover and/or through-movement habitat) into roads and fenced lots with dogs, houses, lawns, etc. is less than significant. Just the project footprint alone is 108 acres, and there is certain to be some degree of edge effects on deer from lighting, noise, a dog right behind a fence barking at them. Also, portions of the open spaces are virtually certain to experience vegetation removal for fire protection. So the affected footprint is definitely more than 108 acres, and it is distributed almost all across the site in terms of its overlap with areas of particularly heavy deer use during the migration season, and it should be presumed to be a nearly 100 percent impact on migratory use (if not of all migratory use, then certainly of potential use as a stopover sensu Sawyer). The disturbance related impact, which the RDEIR finds to be significant, affects a greater acreage (though less than the 176 nominal acres of open space, because some of that is likely to have a lot of shrubby cover removed for fire protection). Could the reasoning have been that an impact on 108 acres was less than significant, but impact on 176 acres is significant, and if so, where is the dividing line: 110 acres? 150? 175? If it was a strictly quantitative significance threshold, the RDEIR should have, and the Final EIR must, provide substantial facts and evidence or some reference for that number. In any case, the disturbance impact is much less intensive than the development footprint itself. For one thing, recreational activities by people, some of them accompanied by dogs whether leashed or not, Ms. Denyelle Nishimori November 19, 2014 page 27 occur almost entirely during the daytime, and deer are less active during that time than they are at night. There is a lot of overlapping use during the late afternoon. Nevertheless, even with the current level of human and domestic pet use of the site, it experiences substantial migratory use (which the RDEIR tacitly acknowledges in finding any significant impact in the first place). So, empirically, the disturbance effect is perhaps not zero, but is relatively minor based upon observed facts. If this relatively minor effect results in a significant impact, as stated by the RDEIR, then surely the relatively much more intensive effects of the project footprint itself, which greatly overlaps areas of substantial deer use during the migratory season, also result in a significant adverse impact on mule deer. If the RDEIR had provided a more thorough description of existing conditions and identified thresholds of significance, it might have been clearer that both impacts are undeniably significant, as was found in the DEIR. This is the only logical conclusion that can be drawn from the aggregate of statements found within the RDEIR itself, without even relying upon other substantial facts and evidence that are provided in the public comments. Accordingly, the Final EIR must include revisions to identify a significant and unavoidable project-specific (as well as cumulative) impact from the direct effects of the development itself. Though I am not entirely certain of the nuances of CEQA, I believe that this finding should probably mandate yet another recirculation of the biological resources section, because the current Draft does not identify any significant unavoidable (unmitigated) impact. Pages 4.4-45ff seems to determine that design features that would effectively minimize impacts to the wildlife corridors are part of the project. While these design features are part of the project and are desirable, the reasoning and justification behind the claim that they reduce the project’s direct impact to a less-than-significant level is not sound. In the text below, I examine each point raised in support of the contention that the project’s design elements would reduce the potentially significant impact to a less-than-significant level and show that none of the hypotheses are plausible. Consequently, the DEIR is inadequate in not finding that there will be a significant project-specific impact on deer migration. It is not clear to me how the identified design features minimize impact on a piece of migration route that has been turned into a group of houses. For deer, their migration routes and seasonal use areas are not conceptual or vague, they are fairly specific areas on the ground, which deer prefer strongly not to alter from year to year. HEC (2011) states that the biologist made empirical observations of this faithfulness of deer to the same specific areas. Based upon available evidence, including that gathered by the project owner’s biologist, the DEIR must rely primarily on the default position that our mule deer use specific migratory routes and, if these are blocked by development, they would no longer migrate through the site (which is a significant project-specific impact). The project’s reports and the DEIR do not recognize that the reduction of adverse development impacts on wildlife generally that may result from the preservation of strips of open space that are kept as native habitat cannot be relied upon at all to reduce impacts on any one or another individual species, namely mule deer. These sections of text should be revised in accordance with the explanation earlier in the RDEIR of the fundamental difference between a within-home-range movement corridor for general wildlife species and a migration corridor used by mule deer to move from summer to winter ranges. I have seen over 50 vertebrate species in or from my yard and in the open space immediately adjacent to it. Yet, to my knowledge, not one mule deer individual has ever migrated between summer and winter range via that strip of open space; I have never seen one moving through the parcels and roads between that open space and the general direction of their winter range. Wildlife of diverse species is nice, but the DEIR does not identify any significant or even potentially significant impact on general wildlife. The issue is mule deer, not all those other non-special-status species; so whatever values for those other species that may be retained in the project’s open spaces are completely irrelevant and should not be mentioned at all in connection with analysis of mule deer impacts and mitigation. The DEIR hypothesizes that the dubiously named “wildlife corridor” provided by the project’s open space would notably reduce the impact on migrating deer. There is no objective support provided for this hypothesis, and ample reason to believe it is not so. A wildlife migration corridor that functions as such must extend from one seasonal use area to an area used in a different season; it doesn’t extend Ms. Denyelle Nishimori November 19, 2014 page 28 from undisturbed habitat right into the middle of a pervasively developed community. But that’s what the main Canyon Springs open space area does: it extends from undisturbed areas that are located to the southeast, in a northwesterly direction right to the Glenshire development. My observation is that the narrow strip of habitat that might temporarily remain undeveloped to the west of the northern end of Canyon Springs is not where the deer go; the pattern of heaviest use curves in an easterly direction, right through the northern blocks of development of Canyon Springs. As noted above, one somewhat unexpected conclusion that is demonstrated by the deer sign map provided in this letter is that the heaviest deer migratory use does not occur in most of the largest piece of proposed open space within the project’s proposed layout. The DEIR does not explain why it is plausible that deer migrating from Dry Lake northward, and encountering the new Canyon Springs development, will head eastward, then northwestward into Glenshire, then somehow northward again with houses not far away on both sides, to ultimately get to the winter range. It is all rather biologically implausible and inconsistent with the behavior shown by the scanty-but-all-we-have GPS data from CDFW. It does not matter at all that there may (or may not be? we are not really sure) other migration opportunities on private land further to the east, which is itself subject to future development and the establishment of homes with unrestrained resident dogs disturbing the migrating deer at all times of day and night. Examination of the aerial photograph (see Figure 4.4-1) shows a big block of moderately high canopy cover conifer forest there, which, based on pellet group frequency, the deer seem not to use in migration, so it is not clear if they really do use much of the eastern part of Section 3 after all. And we don’t know whether it’s plausible that deer would use routes that are located that much further east to continue to access Dry Lake, Lookout Mountain, and/or other as yet unrecognized fawning locations (possibly including the project site itself, as hinted by the fawn observation provided by RMT, 2009, and HEC, 2011). The point is that there is a migration corridor through Canyon Springs now, which has been known to DFW since the 1980s, and the continued existence of which has been confirmed by ample empirical data. The construction of the development would eliminate or substantially interfere with it, which is a significant impact according to the thresholds stated on page 4.4-38. Note also that the impact wordings provided by the DEIR state only “migration corridor” so the term “major” serves only to emphasize DFG’s subjective impression of its importance and does not really matter for determination of impact significance. According to the language provided in the DEIR, effects on any and all kinds of migration corridors (major, minor, occasional, rarely used, unspecified) would be significant under CEQA. As was explained above, depending upon the biology of the portion of the herd in question, interference with through-migration of just a few deer might very well be “substantial.” The paragraph in the middle of page 4.4-48 claims that the project provides minimum 50-foot setbacks from the 100-foot floodplains. From a perspective of effects on deer migration, which is the topic at hand at this point in the DEIR (not other unspecified general wildlife), this is simply a false statement. Some of those 50-foot setbacks lie entirely within parcel boundaries, which may be fenced and have a lawn, dog run, patio, outdoor grill installation. That’s not a situation that is suitable for deer migration. My empirical observations, accumulated over the past 17+ years, are that deer do sometimes venture partway down into the narrower strips of open space the migratory season, but that they do not use them as migratory corridors. That is, I have seen deer and deer sign in the open space behind my house, a few hundred feet from undeveloped land, but I have never seen a deer further west, migrating toward winter range through the lower part of the open space, where most or all of the houses have resident dogs that are often in the back yards, and then continuing on through the roads and yards of Regency, Courtenay, and Glenshire Drive. Whether these open spaces are unsuitable because of the houses and dogs, or because they do not lead anywhere that is useful to the deer, I cannot be sure; but they are not migratory corridors for deer. Therefore, the most logical conclusion is that the open space areas in the present Canyon Springs design that are narrower than, say, 200 feet from parcel boundary to parcel Ms. Denyelle Nishimori November 19, 2014 page 29 boundary, are almost certainly not going to be functional as migratory corridors. Movement and habitat areas for other wildlife species, yes, but migratory corridors for deer, no. The DEIR and HEC (2011) mention that deer are occasionally seen within the residential neighborhoods, but not how often or where (relative to undisturbed habitat). This is true, but it is relatively very rare; certainly nowhere near the frequency or number of individuals (or their sign) that are seen in an actual migration corridor. I have driven through eastern Glenshire neighborhoods hundreds of times (maybe 1,000) in the evening, and in all that time I have seen relatively few deer in the solid areas of development. Interestingly, appearance of occasional deer within the dense development area during both the spring and fall migration seasons of 2014 has been limited, but more than in previous years, for unknown (possibly climatic?) reasons. But I have seen deer on the eastern segment of Glenshire Drive (Hirschdale Hill) in groups of one to five, probably on at least 30-50 percent of the occasions when I have passed through that area at the right time of day or evening during migration seasons. The RDEIR needs to make concrete statements of facts and its interpretation. We are told that “substantial numbers” of deer do not migrate through Canyon Springs. Are the scattered observations in residential development “substantial numbers”? Are these deer supposed to be the migrating deer which are not migrating through Canyon Springs? Does the DEIR represent that, once Canyon Springs is built out, that the deer will in future migrate through the present Glenshire neighborhoods? Or continue to migrate through Canyon Springs unimpeded? In order to have adequately informed the public, provided an opportunity for meaningful public comment on its information and interpretations, provided Planning Commissioners a full description of the project and its consequences for an informed decision, and achieved CEQA adequacy, the DEIR needs to be clearer and more specific about the technical issues. At present, it is not adequate at all. The main Canyon Springs open space is only about 400 feet wide between houses at the narrowest point, which might render it too narrow for deer to safely and relatively stresslessly use it for migration. Some dogs resident on back decks and in back yards commonly bark at people well over 200 feet away in open space (personal empirical observation), so they should reasonably be expected to bark at deer at that distance, or more, and might plausibly run after them. That’s not suitable for a migration corridor. The same thing applies to remnants of habitat west of the site which might be hypothesized to be present or future migration corridors (data is needed); these remnants are simply not wide enough. In summary, the claims that deer migration will continue unimpaired through the project’s open space areas after the development areas are built out do not have sufficient logical or factual basis and should be deleted from the RDEIR. Next, the text claims that planting on the 7-acre fire site and revegetation of a few other acres of disturbed soils (restoration of the power line road and substation is not feasible) would improve the open space habitat for mule deer. As explained above, food is not limiting, and even if it were, increasing the deer food supply would do nothing at all to reduce the impact of building a 185-lot development in the migratory corridor. Residential speed limits are 25 mph in the Glenshire neighborhoods, but this has not created or maintained any function of the neighborhood as a deer migration area. Numerous groups of deer don’t migrate through the middle of the pervasive development area even with these low vehicle speeds, so road design provides no reduction of the significant migratory impact that will occur at Canyon Springs. I agree that it is desirable to reduce wildlife mortality from vehicle strikes, but the speed limit on the “Hirschdale Hill” portion of Glenshire Drive just east of the Town line is higher than 25 mph, and deer still migrate across those pieces of pavement; speed limit on I-80 is 65 mph and actual vehicle speeds are even higher, and deer still try to migrate across the interstate. The point here is that the deer do not seem to differentiate between road speed limits in deciding where to migrate. They migrate through the same places regardless of what speed the vehicles are traveling. The idea that a solid block of houses with a 25-mph road is OK for migration whereas deer would avoid that same block of houses if the road were a 30- or even 45-mph road is specious and not justified by facts provided in the RDEIR. Ms. Denyelle Nishimori November 19, 2014 page 30 Accordingly, the 25-mph design speeds do not remedy the impairment of migratory use posed by the presence of solid blocks of houses. It would reduce a separate impact (vehicle strike mortality) that is additive to the impact of building houses in the migration path, but does not materially reduce the primary impact. The biological impact of the uncommon vehicle collision mortality by itself is lamentable but almost certainly less than significant under applicable standards of significance; but the primary migration corridor impact of the permanent presence of the residential development is significant. Virtually all of the agency literature about mule deer, and even the applicant’s own reports, supports this. (This has nothing to do with the considerable issue of higher speed highways in open country, which is a totally separate issue that is irrelevant to Canyon Springs.) Signage and education are laudable, but the DEIR does not explain how the signs would help the migrating deer. I have never once seen people walking in open spaces or undeveloped land disturb the deer. Maybe dogs sometimes chase them, but dogs that are inclined to do this are probably not going to be under effective leash or voice control anyway, so that idea is ineffective. And besides, as we have already seen and as indicated by the project’s own contractor’s information (HEC, 2011), the deer are active primarily at night, and dog walking in open spaces occurs during the day. The lighting provision is irrelevant to suitability of densely developed areas for deer migration. Doesn’t the DEIR represent that they would be using the open spaces, where there wouldn’t be any lighting at all? The lighting provision does nothing to preserve migration potential within the dense blocks of parcels; all it does is reduce the degree of degradation of the suitability of the narrow open spaces. So we have now arrived at the end of the whole DEIR discussion of how the project design elements will somehow result in the potentially significant impact from habitat conversion (stated on page 4.4-47) being reduced to a less-than-significant level, and we find that none of the explanations make any scientific sense, or, at a minimum, are insufficiently supported by the material provided in the DEIR and appendices. Therefore, based upon the information provided to the public, the DEIR must conclude that the project will have a significant impact on deer migration. The DEIR does not provide support for the implication that the deer will continue to migrate unimpeded and in essentially the same numbers as presently after the designated blocks of their habitat are converted to dense development. Please provide concrete factual evidence that Truckee- Loyalton herd deer migrate through a distance of some 3,000 or more feet, with solid blocks of year- round occupied houses all the way along, not more than a few hundred feet away on both sides. Absent strong objective basis such as this, the DEIR has no justification for concluding that the present migratory corridor will not be substantially impeded or eliminated. Accordingly, the DEIR should delete all text that states or implies that the open space design or any other elements will reduce the project’s impact on migrating deer, and all impact analysis, statements, and summaries should be revised accordingly. Significant impacts on deer migration, both project- specific and cumulative, must be identified, and feasible, effective mitigation measures that are susceptible to objective (preferably quantitative) monitoring should be specified for both impacts, or significant unavoidable impacts must be identified. In addition, given that there isn’t much precedent for such mitigation measures having been shown to be effective, the CEQA documentation as a whole must identify plausible contingent remedies if monitoring should indicate that the required standards are not being met. Another approach would be to carry out comprehensive, preferably multi-year studies of which parts of the site constitute the present deer migration corridor, and to design the project to avoid these. There has been plenty of time to do this kind of straightforward, affordable study in all these years of project redesign since 2004. This still doesn’t solve the problem of what the scientific basis is for determining how far to set back the development areas from the deer migration paths, but it is a necessary start. It is appropriate to reiterate here, in comments about the impact analysis, that the standards of significance quoted on page 4.4-42 identify “impede the use of native wildlife nursery sites” as a significant impact. Certainly, does with fawns in May and June (thus, fawns that are only a few weeks Ms. Denyelle Nishimori November 19, 2014 page 31 old) within development portions of the site cannot be characterized as anything but “using a native wildlife nursery site.” And certainly, building a block of houses there would impede this use. Therefore, the RDEIR must identify a separate and specific significant impact in this regard. There are no qualifying words here such as critical or important or substantially. HEC (2011) and the RDEIR state that there is use, and it will be impeded; that’s a significant impact. R DEIR  Mitigation  Measures   BIO-1. This mitigation measure statement should acknowledge the difficulty of surveying for Sierra Nevada red fox, because it is not visually distinguishable from the introduced red fox; biological samples of hair or scat must be obtained and analyzed for DNA in order to confirm which subspecies is present. BIO-2. There are other special-status birds (USFWS birds of conservation concern but not DFW species of special concern) that would potentially be affected. As the discussion above about Lewis’s woodpecker explains, mere avoidance of active nest sites during the nesting season is not adequate mitigation for that species; even removal of nest trees during the winter could potentially result in a significant impact on that species. Are we to understand that this is a survey for all nesting birds of all species, as the text states? If so, the feasibility and effectiveness of this measure is highly questionable. It is very difficult or impossible to survey for small birds nesting high in large coniferous trees. Also, it is impossible to find every single nest of great horned and other owls by standard daytime visual survey. You might find some, but could not possibly be certain to have found all of them, and, for this mitigation measure as presented to be effective, the surveyor must find every nest; not just one or another somewhere. Surveys for nest sites of great horned and other owls are often, perhaps almost always, done by auditory means, so this measure will not be effective for them. In the immediate Canyon Springs vicinity, great horned owls begin to occupy their nests in February. Yet the young owlets are not fully independent of the nest site until sometime around July or perhaps later, so it is a long nest occupation season. Very difficult nest to find. Requirement for selection of the bird surveyor by the Town is unprecedented in my decades of consulting experience, is technically unjustified, is a prescription for favoritism, and should be eliminated. (If this makes sense, why not require every parcel owner to use architects, builders, engineers, landscapers, erosion control companies, and so on, selected by the Town too, to ensure that guidelines are followed?) If this requirement is to be retained by the EIR, then the revised DEIR or FEIR must provide justification in the form of documentation that biologists selected by individual project or property owners are not qualified, but biologists selected by the Town are qualified to perform the surveys. If anything, factual evidence in Town files and other sources probably indicates that, at best, there is no difference in qualifications, or that owner-selected surveyors are better. Mitigation Measure BIO-2 should not risk institutionalizing the Town’s preference based upon perception and not scientific qualifications, and imposing it on unknowing property owners for decades into the future. If the Town wishes to establish a pre-qualified list for biological studies general or for specific ones in particular (bird surveys, botanical surveys, wetlands, etc., require different qualifications and/or experience), that would be a standard way for a jurisdiction to address this subject. In that case, there should be specification of qualifications which at a minimum must include extensive experience in the local area with the species group in question, with appropriate survey methodologies for all species and in relevant habitats; a straightforward and impartial process for pre-qualification, and sufficient outreach that qualified individuals could reasonably be expected to have been apprised of the process. All this seems like a lot of unnecessary work for Town staff, which has plenty to do already. It is much simpler to allow owners to select qualified individuals themselves, based upon a rigorous specification of qualifications and experience. Ms. Denyelle Nishimori November 19, 2014 page 32 Back to the actual survey actions: the mitigation measure as stated will not result in effective location of every nest. If it is represented as doing so, many specifications need to be added. To start with, qualifications: surveyors to have experience in the local habitats and with the local bird species and appropriate survey methodologies. The mitigation measure should also specify that the methodology be appropriate to surveying for nesting birds (for one thing, morning survey work should begin no later than 30-60 minutes after dawn; procedures for survey for nocturnal species; procedures for tall trees, and so on), and that detailed and complete reporting of the survey methodology and findings to be submitted prior to initiation of construction. This would include of times of day of survey work (some species are active for relatively short periods in the morning and/or evening), methodology, dates, total hours of survey time on those dates, species observed and if applicable whether pairs of both sexes or just individuals, behavior and vocalization, how evening-active species were sought (if applicable), and so on. Reports submitted in compliance with project conditions imposed based upon CEQA mitigation measures should be readily and freely publicly available. Nesting bird surveys are difficult and often are not done thoroughly and effectively. If a mitigation measure is going to be established that is truly represented as ensuring that no active nests are disturbed or destroyed, the details need to be rigorous and scientifically justified. Regardless of mitigation options for the small amount of wetland fill, under current Corps of Engineers regulatory procedure, the granting of any Section 404 permit typically requires the recordation of a conservation easement over all avoided waters and provision of a substantial endowment to fund monitoring and maintenance costs in perpetuity. Since the DEIR seems to indicate that the project is going to need a Section 404 permit, the actual requirements and practical consequences of getting this permit should have been fully explained in the regulatory background. It would seem reasonable to me for exceptions to be made for very small areas of fill, but the regulatory process does not always operate reasonably. My understanding of the project description from Section 3 suggests that the conservation easement requirement would be incompatible with the present project description, which includes open space ownership and management by a homeowners’ association. The project also specifies a degree of public use, including trails nearly right on top of existing jurisdictional waters, that is questionably compatible with such an easement. It may be less costly for the project to install spans for the trails than to deal with the conservation easement, if one were to be required as it normally is. BIO-5. Moreover, the mitigation measures identified under BIO-5 cannot be logically and objectively linked to reduction of the disturbance impact to a less-than-significant level. The concept of measure 5b would be valid if the description of existing condition were sufficiently complete and detailed to demonstrate that only the the fenced-off southeast area experiences substantial migratory use, and that there isn’t substantial use elsewhere within the site. The RDEIR does not provide such completeness or detail; on the contrary, substantial facts and evidenced provided by public comments show that substantial migratory use occurs throughout many (nearly all?) parts of the site. Regardless of the concept, it is not clear that a split rail fence will actually mitigate impact in this area. People would likely just step over or walk around it if they wanted to walk in that area, and certainly dogs have no trouble going right through a split rail fence if there’s something to chase on the other side. Distributing leaflets is not effective mitigation. How credible is this going to be when people can see the frustrated deer trying to utilize the centuries-old migratory route through their house, but the leaflet is telling them everything will be fine if you leash your dog? This is ineffective and should be deleted. Measures 5e and 5f sound completely inconsistent to me, and having a fenced yard does nothing at all to mitigate a disturbance impact that occurs when you take the dog for a run in the open space. The feasibility of requiring every dog owner to have a fenced yard is highly questionable. Is this even legal? Would owners still need to fence their yards if they want to get a Chihuahua? If there would be a provision for exemptions, where do you draw the line? If it’s a service dog, would this provision be in conflict with the ADA? This is an infeasible and ineffective mitigation measure, so it is not in compliance with CEQA, and it should be deleted. Measure 5h is infeasible and unenforceable and would not provide any meaningful mitigation. Ms. Denyelle Nishimori November 19, 2014 page 33 Having arrived at the end of the proposed mitigation measures BIO-5 and having found that they will not feasibly and effectively reduce the significant impact on deer that the RDEIR has identified, it therefore follows that the RDEIR’s finding that the impact will be mitigated to a less-than-significant level is incorrect, and this should be corrected to read that it is a significant unavoidable impact. This is in addition to the significant unavoidable impact from the habitat conversion resulting from the footprint of the development itself. Comments  and  Responses  in  RDEIR  Appendix  A   Since the RDEIR consultant saw fit to include in the Appendix a document including responses from the applicant’s attorney and consultant regarding certain public comments on the DEIR, it is also fitting to complete the public record by clarifying the erroneous nature of some of these responses. Was the inclusion of these responses meant to suggest that they are the RDEIR responses? Or, since the applicant’s consultant’s remarks really just constitute yet more public comments on the project and EIR, will the FEIR include the EIR consultant’s responses to the applicant’s responses? It is all unnecessarily confusing when in fact the letter from the applicant’s attorney should not have been included in the RDEIR at all. On the contrary, it should have been ignored entirely, because it is merely a comment letter received outside any open public comment period. In any case, I note the following falsehoods, inaccuracies, and other misleading statements in the Stoel Rives letter and its appendices: Page 2. “In fact, the data shows no incidents of collared deer using the Canyon Springs site.” Not true: the file named CSuse by collared deer 2012, included in RDEIR appendix folder 140903_MuleDeerData shows abundant use by at least one deer. Page 2. The letter purports to explain the alleged low use of the site (which is inaccurate, as demonstrated by substantial facts and evidence in the public record and in the RDEIR Appendix A) by citing the occurrence of recreational uses. Deer are active and migrate largely at night, when these recreational uses are not occurring, so this is illogical. This incorrect allegation and explanation has been repeated again and again by different parties starting with Beck (1990), always without any substantial evidence in support. It’s well past time to stop repeating this unsupported theory. Exhibit 2 (no page numbers). All of the statements in quotations are from the memorandum dated August 19, 2013, from John Heal to Denyelle Nishimori. Text following the quoted remarks clarifies the actual reality. “Simply put, the substantial evidence to support CDFW’s conclusion regarding a potentially significant impact to mule deer under CEQA does not exist.” This statement is not true. The memorandum fails to mention that substantial evidence in support of this conclusion was submitted to the Town during the DEIR public comment period and was available to the public, including the memo author, on August 19, 2013. “…the vast majority of this summer range is managed by public agencies (i.e., Tahoe National Forest)…” This statement is true, but it is misleading. It is not clear how much of that area provides as suitable fawning and foraging habitat as does Canyon Springs and other adjoining private lands. Much of the land in question is conifer forest with minimal or no understory food sources for deer. Moreover, and critically important, the vast majority of the land through which the migration corridors connecting the Martis/Northstar/SE Truckee area with the winter range is privately owned. If these corridors, such as those that pass through Canyon Springs, are affected, that summer range probably becomes unavailable. The issue here is the effect of the project on migration corridors, not merely upon summer range. In any case, the oversimplistic viewpoint that Canyon Springs does not matter much because it is only a few hundred acres does not diminish the significance of its contribution to cumulative impacts. “… the Canyon Springs site is used very little by mule deer, they do not fawn on the site…” Both parts of this statement are incorrect. There is substantial use of the site by deer, as shown by the substantial facts and evidence provided with my March 6, 2013, comment letter and again in the present letter in Ms. Denyelle Nishimori November 19, 2014 page 34 Figure 1, and by the camera observations in HEC (2011). Moreover, HEC (2011) documents the presence of a 2-3 week old fawn, unaccompanied by its mother, within the site at exactly the time when fawns are born. A fawn that is this young does not move very far but instead remains where the doe left it while the doe forages, later returning to nurse the fawn. Once the fawn is of an age of 1-2 months and is able to eat vegetation, then it moves with the mother (Bauer, 1995; Heffelfinger, 2006; Nowak, 1991). The observation documented in HEC (2011) is nearly as solid proof of fawning on site as if there were a photograph of the birth actually happening. In addition, the characteristics of the shrublands in many parts of the site are highly suitable for fawning. Sheehy (1978, cited in Verts and Carraway, 1998) states that the best fawning habitat on Steens Mtn., a location in southeastern Oregon with generally similar ecology to eastern Truckee from the perspective of mule deer use, occurs where the shrub canopy has a total cover of >23 % and height of >67 cm or total cover of >40 % and height of >50 cm. Similar general statements about fawning habitat in other locations are provided by Smith (1983; Sheldon National Wildlife Refuge) and Loft et al. (1987; central Sierra Nevada). In the vicinity of the “single fawn” location shown in HEC (2011), the vegetation is Purshia tridentata Shrubland Alliance and/or Pinus jeffreyi/Purshia tridentata savanna. The shrub canopy has a total cover of 35 percent, with 89.7 percent relative cover of bitterbrush and an average canopy height of 81 cm. These characteristics are well above the thresholds for “best” fawning habitat as described above. This, coupled with the observation of a recently born fawn by the applicant’s consultant, shows that the RDEIR is inadequate in not addressing the occurrence of fawning habitat and “nursery use” on site both in the existing conditions and in the impact findings. This exact comment was made in March 2013, yet there is no acknowledgement of it or of the relevant facts as stated by HEC (2011), and there is neither a substantive response nor revision in the RDEIR. Perhaps the 1988 identification of critical fawning habitat at Dry Lake was incomplete, and similarly critical fawning habitat may occur within and adjoining the Canyon Springs site. Hazards  and  Biological  Resource  Impacts   The RDEIR’s evaluation of biological resource impacts continues to be inadequate in not fully addressing the potential impacts of vegetation alteration for fire protection. Since it is directly relevant to the shortcomings of the RDEIR, I repeat here my comments from March 2013, with a few additions. Pages 4.8-2 and -3 of the DEIR are deficient in not mentioning the state law pertaining to defensible space (I believe it is PRC 4291; maybe other sections?) and describing its provisions. This is an important omission from the regulatory background of the whole DEIR and in turn the RDEIR biology section, because the things that PRC 4291 requires owners of inhabited property in California to do have potentially significant impacts on soils, hydrology, water quality, wildlife, and so on. Mitigation Measure HAZ-1a provides that “fuel modification shall include (1) underbrush, dead and dying branches from trees shall be removed up to a minimum of 100 feet from all structures…” Those words mean that, if any trees are present, the entirety of the bitterbrush vegetation stratum must be removed. The wording of the mitigation measure does not limit this vegetation removal to the parcel boundaries, but extends for 100 feet from the structure, thus into the open space parcels. My cursory inspection of the tentative map shows that in many places, the combined 100 foot shrub stratum elimination for structures on either side of the open space would result in removal of the native vegetation from a lot of the open space. This is not just hypothetical. Fuel management in open spaces near residential areas is ongoing in many places in the Truckee – North Tahoe area, and is currently under consideration by the Glenshire Devonshire Residents Association. Sometimes, it is done in an ecologically protective, even beneficial, manner. However, in other locations in Truckee, treatments have been more like total mowing of the whole woody stratum. The RDEIR should have considered that the Canyon Springs Homeowners’ Association may well elect simply to do the latter – nothing in the project description prevents it from doing so, and indeed Mitigation Measure HAZ-1a may well be taken to mean that it is required to do so. Ms. Denyelle Nishimori November 19, 2014 page 35 This has significant potential impacts on biological resources, habitat value of open spaces, water quality, and possibly other issues. If the wording of the mitigation measure is weakened in some fashion, then the revised DEIR needs to provide adequate justification that the weakened provisions meet the requirements of PRC 4291 and other applicable regulations and plans. The DEIR must also note that fuel management actions tend to get more stringent over time, whether due to governmental action or merely compelled by individuals’ insurance companies. Given that there are empirical examples in Truckee of total vegetation removal for fire safety, the RDEIR should have analyzed the greatest degree of vegetation removal that might be interpreted as being required by PRC 4291; since it did not do so, it remains inadequate in its assessment of biological resource impacts, specifically on mule deer. Water  Quality  and  Biological  Resource  Impacts   Since the DEIR was not revised to enhance the mitigation measures for water quality, residual significant impacts will occur. These have a biological resource component as well, namely, on aquatic and waterfowl use of the Glenshire Pond. The RDEIR is inadequate in not discussing this subject. Traffic   As a mitigation measure for significant project effects on the intersection of Glenshire Drive and Donner Pass Road (DPR), the RDEIR proposes a refuge/acceleration lane for vehicles turning left from Glenshire Drive. This lane now exists following the recent repaving work on this segment of DPR. The lane is very short and, in my subjective observation, appears to be virtually useless in mitigating left turn safety and delay issues at the intersection, with traffic coming downhill at 45 mph per signage. It seems impossible to believe that it satisfies the distance and/or width standards for such a lane, and, if it were to be made longer, the risk of head-on collisions with cars using the lane while turning from Keiser Road onto DPR is substantial. Whether this is encouraged or “discouraged” it will certainly happen, and must be considered. Therefore, absent substantial facts and evidence to the contrary, this mitigation measure must be judged to be ineffective at mitigating this project impact, and the impact must be identified as significant and unavoidable. Fiscal  Impacts   By my estimate, informed in part by the Town Council agenda item specifying the cost of the EIR contract amendment (which is new public information that was not available at the closure of the DEIR comment period), the aggregate direct and opportunity costs of the Canyon Springs project land, design, approval, and construction roughly equal or exceed the “retail” sales income of 185 improved lots at a plausible price for the lot sizes and location of the project. Given the known information about the project applicant’s project development history or relative lack thereof, the most reasonable expectation – upon which the EIR should rely - is that the project, if approved, would be sold to some other entity for construction. The latter entity must necessarily endeavor to reduce the costs of the only item where they have not already been fully incurred (construction), so it is inevitable that substandard construction or ineffective implementation of temporary and permanent water quality mitigation measures will result. This being the case, the responsibility for substandard construction and/or water quality mitigation will very likely default to the Town and its taxpayers. Observation of the ditches in the Elkhorn Ridge project, which flow into waters of the U.S. that are tributary to the Truckee River, shows elevated turbidity in these water courses, and the bankruptcy of the project means that the responsible party that might have been required to implement a cleanup and abatement order, if one were justified, disappered. Any future water quality issues with that project would now seem to default to the Town. Therefore, concern about this for Canyon Springs is not just speculation; it is based upon recent empirical evidence from an adjoining piece of property. Therefore, this issue is directly relevant to the EIR’s fiscal analysis and must be addressed in a new recirculated draft or in the Final EIR. Ms. Denyelle Nishimori November 19, 2014 page 36 Specifically, the wording of project conditions related to during-construction mitigation measures and construction standards must be more rigorous that usual, and financial or other assurances ought to be provided to the Town by the project in order to ensure that the mitigation measures that are finally determined will actually be implemented effectively. Ideally, funds analogous to mining reclamation bonds should remain in escrow (or actually be a bond exactly as for mining projects) for the Town’s use to remedy potential shortcomings in construction or water quality BMP implementation or maintenance, until monitoring demonstrates their effectiveness under a range of precipitation events. The Final EIR must address this subject in a substantive manner, by summarizing the costs and value of the project whether as a single approved project or as 185 individual lots. A quantitative analysis, that is, substantial facts and evidence rather than unsubstantiated opinions, are important for the public and the Town decision makers to be able to judge whether the EIR’s fiscal analysis and opinion about viability of the mitigation measures are valid. Alternatives   The correct thing to do would have been to adequately study the existing natural resources of the site (soils, water-related features, biological resources) and to design a natural resources protection alternative that would avoid all significant impacts or have residual significant impacts that could be readily mitigated. If such an alternative was in fact completely infeasible, it would either provide support for the proposed project or would reveal that the site is not suitable for dense residential development. This approach was suggested in public comment and is suggested here again; it is one that has been used in the past by other lead agencies, to excellent advantage. Given the relatively limited work effort needed to evaluate CEQA alternatives, the Final EIR must satisfactorily explain why this reasonable approach was rejected, especially once it was determined that the DEIR would be partially recirculated anyway. The RDEIR fails to explain why the natural-resources-protection alternative, suggested in writing in the past, was not considered. Among other things, this would have entailed doing a systematic biological study for things like deer usage (which really should have been done anyway) instead of a series of random, cursory reconnaissances. But there have been two full field seasons since the close of the DEIR comment period in early March 2013, so this would have been easily feasible. There is also no consideration of a project of 88 smaller lots, clustered so as to avoid fawning areas and areas of heaviest deer usage during migration seasons, as well as other sensitive resources such as wetlands and waters. This would achieve the density criterion (which I personally do not understand, but can accept that it makes some General Plan consistency sense, maybe) but could have the potential for sufficient habitat avoidance that biological resources impacts might actually be significantly reduced. There are almost certainly other deficiencies with such an idea, but that’s for the EIR to figure out and explain, not public commenters. ALTERNATIVE B Subjectively, there seems to be a definite safety/sight-lines issue at the intersection of Courtenay and Somerset, which would be substantially exacerbated by Alternative B and should be addressed in the Final EIR. Vehicles coming down Somerset are rounding a semi-blind curve, coming downhill, and it is shady and therefore potentially icy at this location. Vehicles attempting to turn right from Courtenay onto Regency have a stop sign, then have to accelerate up a grade, which is often icy and is the site of vehicles occasionally going off the road (I have photographs), as they are approached by the vehicles coming around the corner and down Somerset. This is a problem spot, and with a big increase in vehicles coming down Somerset, a safety concern. Overall, the Final EIR needs to reflect impact statements and mitigation measures associated with the possibility that the Edinburgh access could simply be opened up to unrestricted access at any time, potentially without further environmental review. What assurance can be provided to the public that this will not happen, and what is the means of enforcement of it? Would the community need to take Ms. Denyelle Nishimori November 19, 2014 page 37 expensive legal action to ensure that the project is built and operated as stated in the application? What is the applicable legal remedy (please identify code and section)? The public needs to be able to review it and be satisfied that it would in fact be a remedy. The Final EIR must clarify all these things with certainty, or, if not, it must identify the maximum degree of impact that results from either possibility (emergency-only or unrestricted access via Edinburgh). ALTERNATIVE D The determination that potential water quality impacts would be reduced is not adequately supported. Subjectively, it may well be true, but further discussion is needed to support the conclusion. In principle, I am always supportive of smaller, clustered lots from an environmental perspective. However, unless the water quality mitigation measures that are located outside the parcels are increased in size or number or both, there is the potential that the reduced lot size means that there will be less uncompacted/partially pervious land surface available and less potential to mitigate on-site runoff from impervious surfaces within each parcel. The discussion should reflect the need to enhance the project’s stormwater management infrastructure. ALTERNATIVE E The RDEIR states that “development on individual housing lots would be reduced from that of the proposed project.” This statement requires substantiation. It may seem to be in accordance with common sense, but in my long experience working with and studying residential development projects, is not necessarily true. Many, probably most or all, of owners of a 1.2 acre lot would be likely to build a much larger house and more developed outdoor living, parking, garage, and storage space that they would if they only owned 0.25 acre. The correct procedure is for the RDEIR to assume that owners will disturb all or most of the land within their parcels, because that is the maximum potential impact. From the perspective of disturbance of migrating deer, an owner with a dog and a perimeter fence or invisible (electronic) fence around a 1.2 acre lot has the same degree of adverse impact, perhaps more, than if the entire lot were covered by the structures, paving, and other complete conversion to urban conditions (e.g., a lawn). The evaluation of Alternative E must assume the same total land disturbance as for the proposed project. It is achievable to maintain at least some degree of habitat value for deer migration where lots are of sizes of 20 acres or more, if there are effective habitat protection deed restrictions that are actually enforced. But where the lots average 1.2 acres, the impact is not really notable reduced from that which results from lots averaging 0.35 acre, as in the proposed project. The same error is made in the Hydrology subsection; impacts would not necessarily be reduced. They might be; or they might not. But the EIR cannot be sure that they will and cannot assume that they would be reduced. This text should be revised for the Final EIR. I look forward to reviewing any other documentation for this project prior to the Planning Commission public hearing on this project. Please keep my contact information on the Town’s list for notifications of other steps in the CEQA process. Sincerely, Adrian Juncosa   Ms. Denyelle Nishimori November 19, 2014 page 38 References   Bauer, E.A. 1995. Mule Deer: Behavior, Ecology, and Conservation. Voyageur Press, Stillwater, MN. California Department of Fish and Game (DFG). 1988. Truckee Loyalton Deer Herd Management Plan. California Department of Fish and Game, Region II. California Department of Fish and Game, U.S. Department of Interior Bureau of Land Management, and U.S. Department of Agriculture Forest Service (DFG et al.). 1998. Report to the Fish and Game Commission: An Assessment of Mule and Black-tailed Deer Habitats and Populations in California. Available for download from http://www.dfg.ca.gov/wildlife/hunting/deer/habitatassessment.html California Department of Fish and Wildlife (DFW). 2013. The Economic Importance of Hunting. Internet web page accessible at http://www.dfg.ca.gov/wildlife/hunting/econ-hunting.html. Collins, W.B., and P.J. Urness. 1981. Habitat preferences of mule deer as rated by pellet-group distributions. Journal of Wildlife Management 45: 969-972. Dealy, J.E., P.J. Edgerton, and W.G. Williams. 1986. Use of Curlleaf Mountain-Mahogany by Mule Deer on a Transition Range. USDA Forest Service Pacific Northwest Forest and Range Experiment Station Research Note PNW-439. Flora North America Editorial Committee, editor (FNAEC). 2005. Flora of North America North of Mexico, Volume 5. Magnoliophyta: Caryophyllidae, part 2. Oxford University Press, New York. Garrott, R.A., White, G.C., Bartmann, R.M., Carpenter, L.H. & Alldredge, A.W. (1987) Movements of female mule deer in northwest Colorado. Journal of Wildlife Management, 51, 634–643. Heffelfinger, J. 2006. Deer of the Southwest: A Complete Guide to the Natural History, Biology, and Management of Southwestern Mule Deer and White-tailed Deer. Texas A&M University Press, College Station, Texas. Herrick, J.E. J.W. Van Zee, K.M. Havstad, L.M. Burkett, and W.G. Whitford. 2009. Monitoring Manual for Grassland, Shrubland, and Savanna Ecosystems, Vol. I and II. USDA-ARS Jornada Experimental Range, Las Cruces, New Mexico. Horne, J. S., E. O. Garton, S. M. Krone, and J. S. Lewis. 2007. Analyzing animal movements using Brownian Bridges. Ecology 88:2354-2363. Innes, R.J. 2013. Odocoileus hemionus. In: Fire Effects Information System, [Online]. U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station, Fire Sciences Laboratory (Producer). Available: http://www.fs.fed.us/database/feis/. Accessed in February 2013. Johnson, C.J., K.L. Parker, D.C. Heard, and M.P. Gillingham. 2002. Movement parameters of ungulates and scale-specific responses to the environment. Journal of Animal Ecology 71: 225-235. Kucera, T.E. 1978. Social behavior and breeding system of the desert mule deer. Journal of Mammalogy 59: 463-76. Leckenby, D.A., D.P. Sheehy, C.H. Nellis, R.J. Scherzinger, I.D. Luman, W. Elmore, J.C. Lemos, L. Doughty, and C.E. Trainer. 1982. Wildlife Habitats in Managed Rangeland - the Great Basin of Southeastern Oregon: Mule Deer. USDA Forest Service Pacific Northwest Forest and Range Experiment Station General Technical Report PNW-139. Loft, E.R., J.W. Menke, J.G. Kie, and R.C. Bertram. 1987. Influence of cattle stocking rate on the structural profile of deer hiding cover. Journal of Wildlife Management 51: 655-664. Mackie, R.J., J.G. Kie, D.F. Pac, and K.L. Hamlin. 2003. Mule Deer. Chapter 43 in G.A. Feldhamer, B.C. Thompson, and J.A. Chapman (editors), Wild Mammals of North America. John Hopkins University Press, Baltimore, Maryland. Ms. Denyelle Nishimori November 19, 2014 page 39 Millspaugh, J.J., and J.M. Marzluff. 2001. Radio Tracking and Animal Populations. Academic Press, San Diego, California. Morales, J.M., D.T. Haydon, J. Frair, K.E. Holsinger, and J.M. Fryxell. 2004. Extracting more out of relocation data: building movement models as mixtures of random walks. Ecology 85: 2436-2445. Muñoz, D., J. Kapfer, and C. Olfenbuttel. 2014. Do available products to mask human scent influence camera trap survey results? Wildlife Biology 20:246-252. Natural Resources Conservation Service (NRCS), Wildlife Habitat Management Institute, and Wildlife Habitat Council. 2005. Mule Deer (Odocoileus hemionus). Fish and Wildlife Management Leaflet No. 28. Neff, D.J. 1968. The pellet-group count technique for big game trend, census, and distribution: A review. Journal of Wildlife Management 32: 597-614. Nowak, R.M. 1991. Walker’s Mammals of the World, 5th edition, Vol. II. Johns Hopkins University Press, Baltimore, Maryland. Pease, K.M., A.H. Freedman, J.P. Pollinger, J.E. McCormack, W. Buermann, J. Rodzen, J. Banks, E. Meredith, V.C. Bleich, R.J. Schaefer, K. Jones, and R.K. Wayne. 2009. Landscape genetics of California mule deer (Odocoileus hemionus): the roles of ecological and historical factors in generating differentiation. Molecular Ecology 18: 1848-1862. Sawyer, H., M. J. Kauffman, R. M. Nielson, and J. S. Horne. 2009. Identifying and prioritizing ungulate migration routes for landscape-level conservation. Ecological Applications 19:2016-2025. Sawyer, H. and M.J. Kauffman. 2011. Stopover ecology of a migratory ungulate. Journal of Animal Ecology 80:1078-1087. Sawyer, J.O., T. Keeler-Wolf, and J. Evens. 2009. A Manual of California Vegetation, second edition. California Native Plant Society in collaboration with California Department of Fish and Game, Sacramento, California. Scribner, K.T. 1993. Conservation genetics of managed ungulate populations. Acta Theriologica 38, Suppl. 2: 89-101. Sheehy, D.P. 1978. Characteristics of shrubland habitat associated with mule deer fawns at birth and during early life in southeastern Oregon. Oregon Department of Fish and Wildlife, Information Series, Wildlife 78(1): 1-31. Smith, E.G. 1983. Mule deer fawn habitat and winter range on the Sheldon National Wildlife Refuge. M.S. thesis, University of Nevada, Reno. Verts, B.J., and L.N. Carraway. 1998. Land Mammals of Oregon. University of California Press, Berkeley. Ms. Denyelle Nishimori November 19, 2014 page 40 Attachment 1: Summary of experience and qualifications of Adrian Juncosa Current Position President and Senior Ecologist (EcoSynthesis Scientific & Regulatory Services, Inc.) Education Harvard University, B.A. Duke University, Ph.D. Additional specialized training in wetland delineation, stream studies and restoration, erosion control, and vegetation sampling. Certification and License Certified Professional in Erosion and Sediment Control (International Erosion Control Association) California Contractor’s License Professional Experience Twenty-five years of experience in biological, environmental, and regulatory consulting. North Carolina Natural Heritage Program (subcontractor): field studies of preserve acquisitions. Missouri Botanical Garden (post-doctoral fellow): floristic studies of Choco region. Harvard University (co-principal investigator on NSF grant): studies of Rhizophoraceae. University of California at Davis (postgraduate researcher and visiting assistant professor): research on Fabaceae and Euphorbiaceae; taught California floristics and flowering plant systematics. EIP Associates (Director of Wetland and Botanical Studies): field surveys including habitat mapping, floristic rare plant surveys, selected wildlife surveys; preparation of CEQA and NEPA documentation including sections for draft and final EIRs and EISs; negotiation with agency staff, legal teams, and project ownership to develop mitigation specifications; wetland delineations, permitting (including associated water quality and streambed alteration authorizations); mitigation design, implementation, and monitoring; expert witness services. Parsons – Harland Bartholomew & Associates (Supervising Scientist): duties similar to above. EcoSynthesis Scientific & Regulatory Services, Inc. (President and Senior Ecologist): botanical, vegetation, and selected wildlife surveys; historical ecology; studies of soils and ecological succession for riparian restoration, slope stabilization, and mine reclamation; specifications for erosion control, revegetation, and ecological restoration; environmental impact evaluation and documentation; permitting, mitigation, and monitoring; technical representation in meetings with agency staff, project lenders, and third-party environmental auditors. Teach classes for IECA on erosion control by means of native revegetation. Technical Expertise Botany (systematics, biogeography, and ecology) Vegetation science and mapping Revegetation ecology, including soils and hydrology Erosion and sediment control; planning of vegetation-hydrologic performance of soil moisture regimes. Interpretation of historical and successional ecology Biology of selected wildlife groups (raptors, owls, and other birds; mule deer in the Sierra Nevada) Geographic Areas of Expertise Main emphasis: Northern Sierra Nevada, Great Basin, and many other ecological systems in California. Additional expertise and project experience elsewhere in the arid West, northeastern and southeastern U.S., Latin American tropics, West Africa, Indonesia, Australasia Ms. Denyelle Nishimori November 19, 2014 page 41 Appendix A: Figure Illustrating Points Stated in Letter Text Figure 1. Deer sign observed within Canyon Springs site (589 points, almost all being pellet groups), plus tracks made in snow by several groups of deer migrating within site on Nov. 4, 2008. This confirms that the migration corridor documented by DFG for the 1988 management plan remains in use, although these preliminary observations and other deer sign data from outside the site suggest that the migration corridor veers north-northwest instead of continuing northeast as mapped by DFG. Additional Figures that are just as relevant to the RDEIR as they were to the DEIR were provided on March 4, 2013, are incorporated into the present comment letter by reference, and constitute comments to which the Final EIR must respond. 10141024 1034104410541064 1074 10841094 1104 1114112411341144115411641174 118411941204 12141224 1234124412541264 12741284 12941304 13141324133413441354 13641374138413941404141414241434 144414541464147414831493150315131523 1533154315531563 1574 1583 1593 1603 1613 1623 1633 1643 1653 1663 167316831693 1703171317231733 17431753 176317731783 17931803 181318231833 1843 1853 19131923193319431953 196319731983199320032013202320332043205320632073 20832093210321132123213321432153216321732183219322032213 222322332243 22532263 22732283 2293 2304 2323 2333 2343 2353 2363 2373 23832393 240324132423 2433 2443 2453 2463 2553 25632573 2583 2593 2603 26132623 2633 2643 2653266326732683 26932703 2713 2723 2733 2743 2753 2763 2773 2783 2793 2803 2813 2823 2833 2843 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9371 9381 9391 9401 9411 9421 9422 94319441 9451 946194719481 94919501951195219531 9541 9551 9561 9571 9581 9591 9601 96119621963196419651 9661967196819691 9701 97119721 9731 9741 9751 9761 9771 9781 97919801 9811 9821 9831 9841 9851 9861 987198819891 990199119921 9931994199519961997199819991 Legend Canyon Springs boundary Development areas Deer sign Tracks of migrating deer Nov 2008 0814 No observations were made in southernmost part of site Figure 1. Deer sign observed within Canyon Springs site (>1,900 pellet groups, mostly or all deposited during migra- tion seasons), plus tracks made in snow by deer migrating within site on Nov. 4, 2008. This confirms that there is substantial migratory use of the site, verifying the existence of a major migration corridor as documented by CDFW (then CDFG) for the 1988 management plan.