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HomeMy WebLinkAboutLetter 3 - US Fish and Wildlife - RTCRESPONSE TO COMMENT LETTER 3 L3-1 The comment states that the U.S. Fish and Wildlife Service (USFWS) California Department of Fish and Wildlife (CDFW) (Wildlife Agencies) has reviewed the Mitigated Negative Declaration (MND) and associated documents for the proposed Nirvana Business Park. The comment states that the comments provided are based on information provided in those documents and through prior meetings and correspondence between the Wildlife Agencies, the City of Chula Vista, and the project proponent. The comment summarizes the responsibilities of the USFWS and CDFW. The comment also summarizes the project description. In response, the comment does not raise an issue regarding the adequacy of the Draft Mitigated Negative Declaration (MND); therefore, no further response is required or provided. L3-2 The comment states that the proposed project is subject to the Habitat Loss Incidental Take Permit (HLIT), the impacts subject to the HLIT, and the mitigation proposed for these impacts. In response, the comment does not raise an issue regarding the adequacy of the Draft MND; therefore, no further response is required or provided. L3-3 The comment summarizes the special-status plant and wildlife species observed or detected on site. In response, the comment does not raise an issue regarding the adequacy of the Draft MND; therefore, no further response is required or provided. L3-4 The comment summarizes the pre-CEQA consultation of the proposed mitigation, concluding they concur with the combination of restoration, enhancement, and funding for the City’s Preserve. The comment also summarizes the mitigation areas identified in the Otay Ranch Preserve near Salt Creek. In response, the comment does not raise an issue regarding the adequacy of the Draft MND; therefore, no further response is required or provided. L3-5 The comment states that the Wildlife Agencies have reviewed, commented, and concurred on the Nirvana Conceptual Mitigation Plan. Concurrence was predicated on our review and approval of any changes or updates to this plan prior to Project activities as well as the following plans listed in the Biological Technical Report (BTR): Habitat Management and Monitoring Plan; Resource Salvage Plan; and the 7-year Restoration, Maintenance, and Monitoring Plan. In response, the comment does not raise an issue regarding the adequacy of the Draft MND; therefore, no further response is required or provided. L3-6 The comment states that they recommend the MND be amended to reflect both onsite and offsite Project impacts consistent with the BTR and to identify final mitigation acreages once the offsite mitigation restoration plan is finalized. The Wildlife Agencies request that the City memorialize the concurred upon mitigation by including more details characterizing the quality and location of the three restoration sites and/or including the draft Nirvana Conceptual Mitigation Plan (CMP) as an enclosure to this MND. The City should provide the final Mitigation Plan to the Wildlife Agencies for review and concurrence. In response, the MND has been updated to be consistent with the BTR, and the draft CMP is included as an attachment to the MND. See the Errata for noted changes. L3-7 The comment recommends that the final Resource Salvage Plan include the list of all species being translocated. The final Resource Salvage Plan will include more detailed information on all plants planned for translocation. L3-8 The comment agrees with mitigation measure MM-5 to conduct focused nesting surveys on the project site, specifically in the riparian zone where tamarisk is abundant, to address the potential for the Project to impact nesting vireo habitat. In response, the comment does not raise an issue regarding the adequacy of the Draft MND; therefore, no further response is required or provided. L3-9 The comment by CDFW states that Crotch’s bumble bee is now a candidate under CESA and requests that a qualified biologist conduct surveys for this species within the project area. In response, Dudek conducted focused surveys for this species using qualified biologists who are familiar with bumble bees (including Callie Amoaku who holds a Scientific Collecting Permit for Crotch’s bumble bee, Franklin’s bumble bee, western bumble bee, and Suckley’s cuckoo bumble bee (S-221820002-22332- 001)). Four surveys were completed in June 2023; no Crotch bumble bees were observed. In general, the site lacks the preferred floral resources for this species. Potential nest habitat (e.g., small mammal burrows) were watched for bumble bee activity as well. The BTR has been updated to include the survey methods and results for Crotch bumble bee. With the lack of observations, low bumble bee use on-site (only one Vosnesensky bumble bee (Bombus vosnesenskii) species observed during one survey), and the low-quality floral resources for Crotch bumble bee, the conclusion of low potential to occur for this species is the same. Therefore, no additional mitigation measures have been proposed for this species. L3-10 The comment summarizes the Department's regulatory authority over activities in streams and/or lakes. It encourages the applicant to submit a streambed notification package to the Lake and Streambed Alteration Program. In response, the applicant will submit a streambed notification package to the Department prior to any ground-disturbing activities. L3-11 The comment states that special-status species detected during surveys be submitted to CNDDB. In response, Callie Amoaku will submit the CNDDB data by the end of June 2023. L3-12 The comment states that the project would have an impact on fish and/or wildlife, and assessment of filing fees is necessary and payable upon filing the Notice of Determination. L3-13 The comment states that the Wildlife Agencies acknowledge the early efforts by the City and Project proponent to coordinate with Wildlife Agencies through pre- CEQA consultation and appreciate the opportunity to comment on the draft MND and look forward to their continued collaboration in implementing the City's SAP.