David Magney Environmental Consulting - California Native Plant ...
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<strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong><br />
Ms. Carolina Blengini<br />
Department of Regional Planning<br />
County of Los Angeles<br />
Hall of Records<br />
320 West Temple Street, Room 1362<br />
Los Angeles, CA 90012<br />
3 January 2011<br />
Subject: Comments on Newhall Ranch Mission Village Development DEIR (State Clearing House<br />
No. 2005051143)<br />
Dear Ms. Blengini:<br />
P.O. Box 1346, Ojai, <strong>California</strong> 93024-1346 * E-mail: david@magney.org<br />
805/646-6045 Voice * 805/646-6975 FAX<br />
www.magney.org<br />
<strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong> (DMEC) is providing these comments on behalf of the Friends of<br />
the Santa Clara River, a <strong>California</strong> nonprofit corporation, and the <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, which is a<br />
member organization of the Friends.<br />
DMEC herein provides comments on the Draft <strong>Environmental</strong> Impact Report (DEIR) for Newhall Land<br />
and Farming Company’s Mission Village Development. DMEC is focusing its review on the biological and<br />
wetland resources of the project site and how the proposed project will impact those resources.<br />
Issues raised in this letter are listed in the Table of Contents:<br />
Table of Contents<br />
Biological Resources..................................................................................................................................................... 3<br />
Wildlife Guilds as Assessment Method ..................................................................................................................... 3<br />
Special-status Species................................................................................................................................................ 8<br />
Special-status <strong>Plant</strong>s in the DEIR........................................................................................................................ 11<br />
Slender Mariposa Lily ..................................................................................................................................... 12<br />
San Fernando Valley Spineflower.................................................................................................................... 15<br />
Newhall Ranch Spineflower Conservation Plan........................................................................................... 19<br />
Climate Data Required to Understand <strong>Plant</strong> Ecology............................................................................... 23<br />
SCP Goals and Objectives........................................................................................................................ 24<br />
SFVS Knowledge Lacking....................................................................................................................... 25<br />
Population Dynamics........................................................................................................................ 26<br />
Seedbanks and Genetics.................................................................................................................... 26<br />
Preserve Design, Management Activities, and Monitoring Activities............................................... 27<br />
Preserve Design ............................................................................................................................ 27<br />
Buffer Areas ................................................................................................................................. 28<br />
Insufficient Buffer to Exclude Argentine Ant ................................................................................ 29<br />
Connectivity Between Preserves ....................................................................................................... 30<br />
Management and Monitoring Activities................................................................................................ 32<br />
Preserve Manager............................................................................................................................. 32<br />
Landscaping Adjacent to Preserves................................................................................................... 32<br />
Access .............................................................................................................................................. 33<br />
Management for Argentine Ant ............................................................................................................ 33<br />
D:\DMEC\Jobs\Friends_SantaClaraRiver\Newhall-MissionVillage\DMEC_comments_on_Newhall_MissionVillage_DEIR-20110103.doc
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
DMEC Project No. 10-0181<br />
1/3/2011<br />
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DMEC<br />
Restoration Activities within Preserve Areas .................................................................................... 34<br />
Monitoring Activities............................................................................................................................ 35<br />
The Spineflower Monitoring Program.............................................................................................. 35<br />
Qualitative Monitoring Activities within Preserve Areas .................................................................. 35<br />
Spineflower Introduction Program........................................................................................................ 36<br />
Seed Collection................................................................................................................................. 36<br />
Conservation of the Seed Bank......................................................................................................... 37<br />
Spineflower Information Center........................................................................................................ 37<br />
Funding ................................................................................................................................................ 37<br />
SCP is Inadequate to Mitigation Impacts to SFVS................................................................................... 38<br />
Lack of Adequate Data......................................................................................................................... 39<br />
1. Failure of Reintroduction as a Viable Spineflower Mitigation Strategy ........................................ 40<br />
2. Lack of Knowledge About Genetics ............................................................................................ 40<br />
3. Pollination Not Fully Understood and Existing Data Not Used..................................................... 41<br />
4. Seed Dispersal............................................................................................................................. 42<br />
5. Soils............................................................................................................................................. 42<br />
6. Elevation, Slope, and Aspect ....................................................................................................... 43<br />
7. Competition................................................................................................................................. 43<br />
8. Predators...................................................................................................................................... 43<br />
9. Climate........................................................................................................................................ 44<br />
Locally Rare <strong>Plant</strong>s Not Adequately Assessed............................................................................................. 46<br />
Special-status Wildlife in the DEIR......................................................................................................................... 51<br />
Special-status Mollusks in the DEIR ................................................................................................................... 51<br />
Loss of Local Biodiversity Not Assessed................................................................................................................. 56<br />
Vegetation Classification......................................................................................................................................... 57<br />
Grasslands........................................................................................................................................................... 57<br />
Impacts to “Common” <strong>Plant</strong> Communities.......................................................................................................... 58<br />
Inadequacy of Mitigation Measures......................................................................................................................... 59<br />
Inadequacy of the RMDP/SCP & EIS/EIR.............................................................................................................. 59<br />
Exotic Wildlife Species Control Plan....................................................................................................................... 60<br />
Wetlands ..................................................................................................................................................................... 60<br />
Appropriate Taxa for Mitigation <strong>Plant</strong> Palettes....................................................................................................... 61<br />
Definition of “Self-sustaining” for Monitoring Success Needed .............................................................................. 62<br />
Eliminate Loophole for Modifying Mitigation Success Criteria............................................................................... 62<br />
Inappropriate Use of Invasive Exotic Species as Habitat Creation Mitigation......................................................... 63<br />
Use of Restoration Areas as Mitigation Banks ........................................................................................................ 63<br />
Establishing Accounting System for Wetland Mitigation Requirements.................................................................. 63<br />
Improper Impact Assessment of “Giant Reed” Habitat ........................................................................................... 63<br />
Impacts to Santa Clara River and Inadequacy of Wetland Mitigation Measures.................................................... 64<br />
EPA Recommends Denial of the RMDP/SCP Project ............................................................................................ 64<br />
Potentially Significant Impacts the Santa Clara River and Tributaries................................................................. 65<br />
Mitigation Rule Not Followed ............................................................................................................................. 65<br />
Jurisdictional Waters Not Properly Assessed....................................................................................................... 65<br />
Proposed Buffered Size Inadequate...................................................................................................................... 66<br />
Inadequate Attention Paid to Federal Floodplain Development Policy in Analyzing Project Alternatives ........... 68<br />
Inadequate Mission Village Wetland Mitigation Measures.................................................................................. 69
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
DMEC Project No. 10-0181<br />
1/3/2011<br />
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DMEC<br />
A very important part of CEQA, which is often ignored or overlooked is that of legislative intent.<br />
CEQA § 21001. Additional Legislative Intent, states:<br />
“The Legislature further finds and declares that it is the policy of the state to:<br />
(a) “Develop and maintain a high-quality environment now and in the future, and take all action<br />
necessary to protect, rehabilitate, and enhance the environmental quality of the state.<br />
(b) “Take all action necessary to provide the people of this state with clean air and water, enjoyment<br />
of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive<br />
noise.<br />
(c) “Prevent the elimination of fish or wildlife species due to man’s activities, insure that fish and<br />
wildlife populations do not drop below self-perpetuating levels, and preserve for future<br />
generations representations of all plant and animal communities and examples of the major<br />
periods of <strong>California</strong> history.”<br />
The intent of CEQA must be considered concerning a project’s impacts on the environment. The health,<br />
vitality, and viability of the ecosystem is the foundation of the well-being of the human environment, which<br />
is why the legislature, when it enacted CEQA, made a point to delineate those aspects of CEQA that where<br />
not delineated expressly elsewhere in the Act.<br />
BIOLOGICAL RESOURCES<br />
The assessment of biological resources is addressed in Section 4.3 of the DEIR. Issues reviewed below<br />
include the feasibility and reasonableness of wildlife guilds, assessment, or lack of assessment, of terrestrial<br />
mollusks and locally rare plants, unfounded bases for take and preservation of the San Fernando Valley<br />
Spineflower (Chorizanthe parryi var. fernandina), and endangered species, and inadequate mitigation for<br />
the SFVS and Slender Mariposa Lily (Calochortus clavatus var. gracilis). Also addressed is the inadequate<br />
assessment of special-status vascular plants, locally rare species, wildlife, wetlands, and assessment of<br />
impacts on common wildlife species.<br />
Unlike most project EIRs, the Newhall Ranch project, including the Mission Village project DEIR, relies<br />
heavily on previous EIRs, even those that had not been certified at the time of their publication. This<br />
comment letter regularly refers to previous related Newhall Ranch project EIRs and supporting documents,<br />
and includes those as part of the record in support of these comments on the Mission Village DEIR.<br />
Wildlife Guilds as Assessment Method<br />
Page 4.3-413 of the DEIR talks about common wildlife “guilds”, which are category buckets designed to<br />
address impacts without looking at impacts directly on unprotected species. Whether these buckets<br />
meaningfully capture impacts on the species of wildlife with no special protective status is discussed below.<br />
The methodology of the assessment through the use of guilds is not addressed in the methods section. The<br />
first mention of this assessment approach occurs on page 4.3-313 in discussing the cumulative impacts.
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
DMEC Project No. 10-0181<br />
1/3/2011<br />
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DMEC<br />
The DEIR groups common wildlife species in the guilds (as defined in footnote 529 at the bottom of page<br />
4.3-413 “Species guilds are groups of species that use or exploit similar resources or have similar life history<br />
characteristics even though they may represent different taxonomic groups.” to simplify the impact<br />
assessment analysis, primarily,<br />
“This cumulative biology impacts analysis is organized into four separate discussions. The first<br />
addresses cumulative impacts to vegetation communities and land covers. The second addresses<br />
cumulative impacts to general wildlife (by species guild). 529 The third addresses impacts to wildlife<br />
habitat linkages, wildlife corridors, and wildlife crossings (again, by species guilds). The fourth<br />
addresses impacts to special-status species, as such species are defined in subsection 4.3.7(d) of this<br />
EIR.”<br />
Page 4.3-443 of the DEIR, (2) Impacts to Common Wildlife Organized by Species Guilds and Other<br />
Associations, states:<br />
“The cumulative impact analysis for common wildlife also uses the “project list” approach for the<br />
watershed, as applied to the wildlife guilds 554 shown in Table 4.3-24. For each wildlife guild or other<br />
association, the habitat relationships were analyzed in the same manner as the vegetation<br />
communities and land covers described above in subsection 4.3.11.c.1.”<br />
The above reference is based on page 4.5-13 of the SCP DEIR:<br />
“Because common wildlife species have no formal conservation status, they have been grouped into<br />
"guilds," which correspond to their common wildlife classification and, in some cases, to the habitat<br />
they use and their relative mobility. Thus, for example, in addition to the Insect guild, the Fish guild,<br />
and the Aquatic Mollusk guild, there is also a Bird – Upland Woodland guild, and a Mammal – Low<br />
Mobility guild, among others.”<br />
“The purpose of the Common Wildlife impact analysis is to determine the extent to which the various<br />
components of the proposed Project and alternatives would affect these common animal species,<br />
that, nonetheless, probably provide important biological functions in the overall ecosystem (e.g., as<br />
predators or prey).” (Page 4.5-13.)<br />
While DMEC commends the preparers for considering “common” wildlife species, the guilds used are<br />
either overly simplistic or in fact include special-status species, which is contrary to its basic purported focus<br />
on common wildlife species. The Aquatic Guild is a perfect example, which includes a rare undescribed<br />
aquatic snail and at least two rare fish species. Therefore, this guild, and most of the others, does not truly<br />
represent the more common wildlife species. The guild approach fails to recognize the fact that each and<br />
every species has specific habitat, food, nesting, and migration patterns and requirements. Some species<br />
have similar enough habitat requirements to be grouped, but the EIR takes this grouping to an extreme,<br />
such that they are actually meaningless.<br />
The assessment is quite mixed in completeness and adequacy. Page 4.5-122 of the SCP DEIR states that<br />
over 120 wildlife surveys were conducted on Newhall Ranch between 1988 and 2008. However, not one<br />
survey focused on terrestrial mollusks, even though <strong>California</strong> Department of Fish and Game’s (CDFG)<br />
Natural Diversity Database (CNDDB) lists 56 mollusk (Gastropoda) species as sensitive species (CNDDB<br />
2004 1 ) and 104 mollusk taxa by early 2006 (CNDDB 2006 2 ).<br />
1 <strong>California</strong> Natural Diversity Database (CNDDB). 2004. Special Animals. August. <strong>California</strong> Department of Fish and<br />
Game, Wildlife and Habitat Data Analysis Branch, Sacramento, <strong>California</strong>.
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
DMEC Project No. 10-0181<br />
1/3/2011<br />
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DMEC<br />
The definition of the insect guild is very broad, including all insects on the project site. The Class Insecta<br />
(27 orders of insects) contains more species of wildlife than any other group of animals, both in terms of<br />
numbers of species (between 6 and 10 million, representing 95% of all wildlife species on Earth) and<br />
individuals and in biomass. To group this large and diverse group of animals into just one assessment<br />
bucket greatly understates and minimizes the importance of this diverse group of animals.<br />
The Mission Village DEIR offers no mitigation for impacts to the Insect Guild. The only mitigation<br />
measures suggested for the insect guild, in the SCP EIR/EIS, are equally broad and vague (e.g. mitigation<br />
proposal BIO-64 [develop an integrated pest management plan] is the solution suggested for poisoning of<br />
the insect guild by pesticides. Impacts to insects in the Mission Village DEIR relies entirely on habitat,<br />
including: MV 4.3-23, MV 4.3-31, MV 4.3-36, MV 4.3-41, MV 4.3-42, and MV 4.3-43.<br />
MV 4.3-41 on page 4.3-351, states:<br />
“MV 4.3-41 Vegetation communities temporarily impacted by the proposed project shall be<br />
revegetated as described in MV 4.3-31. Large trunks of removed trees may also remain on site to<br />
provide habitat for invertebrates, reptiles, and small mammals or may be anchored within the project<br />
site for erosion control. To facilitate restoration, mulch, or native topsoil (the top 6- to 12-inch deep<br />
layer containing organic material), may be salvaged from the work area prior to construction.<br />
Following construction, salvaged topsoil shall be returned to the work area and placed in the<br />
restoration site. Within one year, the project biologist will evaluate the progress of restoration<br />
activities in the temporary impact areas to determine if natural recruitment has been sufficient for the<br />
site to reach performance goals. In the event that native plant recruitment is determined by the<br />
project biologist to be inadequate for successful habitat establishment, the site shall be revegetated in<br />
accordance with the methods designed for permanent impacts (i.e., seeding, container plants, and/or<br />
a temporary irrigation system may be recommended).<br />
“This will help ensure the success of mitigation areas. The applicant shall restore the temporary<br />
construction area per the success criteria and ratios described in MV 4.3-23, MV 4.3-31, and MV<br />
4.3-36. Annual monitoring reports on the status of the recovery or temporarily impacted areas shall<br />
be submitted to the Corps and CDFG as part of the annual mitigation status report (MV 4.3-42 and<br />
MV 4.3-43).”<br />
Depending on the size of the habitats temporarily disturbed, the feasibility and time required to reestablish<br />
populations of plants and wildlife, in particular invertebrates, at the restoration sites is tenuous and long in<br />
duration. Disturbance of any kind, particularly that resulting from construction activities, entirely destroys<br />
many microhabitats that may never be recreated. The proposed mitigations do not directly address<br />
mitigation to restore invertebrate wildlife onsite; rather, it focuses entirely on replacing plants and all<br />
monitoring is focused on measuring plant growth. There is no monitoring or measuring of invertebrate<br />
species richness, diversity, or population estimates. As stated elsewhere in this letter, invertebrates<br />
represent the largest group of wildlife species on Newhall Ranch, many of which may be rare, a number of<br />
which are undescribed, and many of which have very specific habitat requirements. The invertebrate<br />
component of the ecosystem is much more important to a healthy environment then identified in the DEIR.<br />
Many plants and higher forms of wildlife depend on the invertebrate “community” for their survival. A<br />
decrease in the population sizes and diversity will have a direct and indirect impact on a number of species<br />
that depend on them, including small mammals and migratory birds.<br />
2 <strong>California</strong> Natural Diversity Database (CNDDB). 2006. Special Animals. February. (Quarterly publication, mimeo.)<br />
<strong>California</strong> Department of Fish and Game, Biogeographic Data Branch, Sacramento, <strong>California</strong>.
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
DMEC Project No. 10-0181<br />
1/3/2011<br />
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DMEC<br />
Another much smaller group of invertebrate wildlife species consists of mollusks (Phylum Mollusca), made<br />
up of seven classes:<br />
�� Aplocophora (glistenworms);<br />
�� Bivalvia (bivalves, clams, oysters);<br />
�� Cephalopoda (squid, octopuses);<br />
�� Gastropoda (snails, slugs, melampus, pedipes, capshells, ancylids, thorn snails, lymnaca, etc.);<br />
�� Monoplacophora (monoplacophores);<br />
�� Polyplacophora (chitons); and<br />
�� Scaphopoda (tusk shells).<br />
Clearly, some of these classes of mollusks are marine taxa and certainly would not be found on the Newhall<br />
Ranch project site; however, those groups that are terrestrial or freshwater aquatic species should be better<br />
addressed. The fact that a new species of aquatic mollusk, a species of Pyrgulopsis castaicensis sp. nova in<br />
the Class Gastropoda, was found in a freshwater spring on the ranch clearly illustrates that there are very<br />
likely other undescribed, and very possibly rare, species of mollusks that could be directly or indirectly<br />
impacted by the proposed development. Hershler (1994 3 ), an expert on the Pyrgulopsis genus, states that<br />
over 50% of the species in North America are rare and very habitat specific. The vast majority of western<br />
U.S. Pyrgulopsis species are restricted to freshwater spring habitats (Hershler 1994), similar to the situation<br />
for the undescribed species found at Middle Canyon Spring.<br />
Based solely on comments from DMEC and others on the SCP DEIR, Newhall contracted Aspen 4 (only<br />
identified as an email correspondence, who in actuality contracted with Lawrence Hunt) to conduct field<br />
surveys for terrestrial mollusks. While a copy of his report was excluded from the technical appendices of<br />
the Mission Village DEIR, he found three terrestrial mollusk taxa on Newhall Ranch. The DEIR’s<br />
explanation of Hunt’s findings will be discussed in greater detail later in this letter.<br />
Only three groups of invertebrate wildlife were given any attention, butterflies (Class Insecta: Order<br />
Lepidoptera), general insects (Class Insecta), and mollusks (Class Gastropoda). Nothing is discussed about<br />
other groups of invertebrates, such as: pelecypods, arachnids, crustaceans (Anostraca, Isopoda,<br />
Amphipoda, or Decapoda), and many other groups of invertebrates. This is inadequate given the history of<br />
species discovery on Newhall Ranch and its importance as a biologically rich and important area.<br />
Meloe ajax, a rare blister beetle from chaparral in southwestern Riverside County (Pinto 1998 5 ) is just<br />
one example of the insect biodiversity of the Los Angeles region, where new species are discovered.<br />
It is entirely possible that one or more undescribed species of invertebrates, in particular, insects, occur<br />
on Newhall Ranch, including the Mission Village portion of the ranch.<br />
Bond et al. (2006 6 ) study hypothesizes that there is high probability of one or more Mygalomorph species<br />
on Newhall Ranch and surrounding areas based on their model. This is strong evidence that this sensitive<br />
3<br />
Hershler, Robert. 1994. A Review of the North American Freshwater Snail Genus Pyrgulopsis (Hydrobiidae). Smithsonian<br />
Contributions to Zoology 554.<br />
4<br />
Footnote 25 on page 4.3-28 “C. Huntley, “Re: Snail Methods, etc.” Email from C. Huntley (Aspen) to P. Behrends (Dudek), A.C.<br />
Lynch (Sohagi Law Group), D. Bedford (CDFG), K. Drewe (CDFG), S. White (Aspen), M. Carpenter (Newhall Land), S. Rojas<br />
(Newhall Land), and S. Miller (Dudek), March 12, 2010.”<br />
5<br />
Pinto, John D. 1998. A New Meloe Linnaeus (Coleoptera: Meloidae, Meloinae) from Southern <strong>California</strong> Chaparral: A<br />
Rare and Endangered Blister Beetle or Simply Secretive? The Coleopterists Bulletin 52(4):378-385.<br />
6<br />
Bond, J.E., D.A. Beamer, T. Lamb, and M. Hedin. 2006. Combining Genetic and Geospatial Analyses to Infer Population<br />
Extinction in Mygalomorph Spides Endemic to the Los Angeles Region. June. American Conservation 9:145-157.
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
DMEC Project No. 10-0181<br />
1/3/2011<br />
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DMEC<br />
group of arachnids occur within the project site. Since this group of arachnids is known to contain species<br />
that are at risk of extinction, or at least local genetic extirpation, surveys should have been performed for<br />
them and impacts those this groups, and individual species, should have been conducted.<br />
Getting back to the appropriateness/adequacy of the use of wildlife guilds, as described in the DEIR, the<br />
methods/metrics used to identify/determine each guild is critical to its accuracy and usefulness. The U.S.<br />
<strong>Environmental</strong> Protection Agency (2002 7 ) states that the a guild for birds need to, “Define the groups based<br />
on similar life history, home range size, or other behavioral or demographic characteristics”, and that any<br />
guild used needs to be calibrated based on on-the-ground measurements. EPA’s guidance on this was<br />
focused on wetland birds as a possible wildlife guild to develop a method for assessing impacts to wetlands.<br />
EPA recommends that field surveys be conducted in the target habitats and that area surveys and point<br />
counts be conducted. This is a very narrow focus, and very different from how Impact Sciences used<br />
wildlife guilds for Newhall Ranch. While area surveys for birds were possibly conducted, there is no<br />
evidence in the DEIR or any technical appendix provided that suggests point counts were made.<br />
Impact Sciences seriously violates basic science and the very definition of wildlife guild in its impact<br />
assessment. For example, the definition used (see footnote 554 on page 4.3-443 of the DEIR) states,<br />
“Species guilds are groups of species that use or exploit similar resources or have similar life history<br />
characteristics even though they may represent different taxonomic groups”. Then Impact Sciences, on<br />
Table 4.3-24 uses ten guilds: Insect Guild, Bat Guild, Reptile – Low Mobility Guild, Mammal – Low<br />
Mobility Guild, Reptile and Amphibian-Semi-Aquatic Guild, Bird-Riparian Guild, Bird-Upland Scrub and<br />
Chaparral Guild, Bird-Upland Grassland Guild, Bird-Upland Woodland Guild, and Mammal-High Mobility<br />
Guild, to grossly summarize the cumulative impacts the project would have on all “common” wildlife.<br />
NOAA used seven different guilds for birds alone in assessing the long-term impacts to wetland birds<br />
affected by the Athos 1 oil spill (Polaris Applied Sciences 2006 8 ).<br />
Looking at just the Insect Guild, there is no basis whatsoever to justify that all species of insects occurring<br />
on Newhall Ranch, or even the Mission Village portion, “use or exploit similar resources or have similar life<br />
history characteristics”. Making such a claim, that the Insect Guild meets the guild definition, is fraudulent<br />
or gross negligence. There are literally thousands of species on insects along on Newhall Ranch, for which<br />
no attempt has been made at all to document the insect fauna of the project site or ranch. Only a few<br />
targeted/focused surveys for some of the special-status butterfly species have been conducted onsite. There<br />
similar problems with each and every wildlife guild used by Impact Sciences in their impact assessment.<br />
The results are absolutely meaningless and tell the public and decision-makers nothing about the cumulative<br />
impacts the project will actually have on wildlife. While the use of guilds can be a useful approach to<br />
assessing habitat conditions, the make up of each guild and how they are measured needs to be done very<br />
carefully and appropriately to have any meaningful results.<br />
Page 4.3-448 of the DEIR states, “Cumulative impacts to oak woodlands could not be quantified due to the<br />
coarseness of the vegetative mapping”. The fact that Newhall failed to map the natural vegetation at an<br />
appropriate level/scale, such as the Association level, is no excuse for not being able to assess the direct and<br />
indirect cumulative affects of the project on oak woodlands, or any other plant community or wildlife<br />
habitat. This is a self-serving approach; over simplify the habitat mapping then claim that there is not<br />
7 U.S. <strong>Environmental</strong> Protection Agency. 2002. Methods for Evaluating Wetland Condition: Biological Assessment Methods<br />
for Birds. (EPA-822-R-02-023.) Office of Water, U.S. <strong>Environmental</strong> Protection Agency, Washington, DC.<br />
8 Polaris Applied Sciences. 2006. ATHOS 1 NRDA: General Comments on FINAL DRAFT BIRD AND WILDLIFE<br />
INJURY ASSESSMENT: M/TATHOS 1 OIL SPILL, DELAWARE RIVE SYSTEM. Letter to NOAA.<br />
http://www.darrp.noaa.gov/northeast/athos/pdf/wildlife324_Polaris_Comments2.pdf
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enough detail in the mapping to perform any sort of impact assessment. This must be rectified. The<br />
problems with the inadequacies and inaccuracies of the vegetation classification and mapping is discussed in<br />
detail later in this letter.<br />
Special-status Species<br />
Special-status habitats are vegetation types, associations, or sub-associations that support concentrations of<br />
special-status plant or wildlife species, are of relatively limited distribution, or are of particular value to<br />
wildlife.<br />
Special-status species are plants and animals that are at least one of the following:<br />
�� Listed as endangered or threatened under Federal or <strong>California</strong> Endangered Species Acts,<br />
�� Listed as rare under the <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Protection Act, or<br />
�� Considered rare (but not formally listed) by resource agencies, professional organizations (e.g. Audubon<br />
Society, CNPS, The Wildlife Society), and the scientific community.<br />
Listed species are those taxa that are formally listed as endangered or threatened by the federal government<br />
(e.g. U.S. Fish and Wildlife Service), pursuant to the Federal Endangered Species Act or as endangered,<br />
threatened, or rare (for plants only) by the State of <strong>California</strong> (i.e. <strong>California</strong> Fish and Game Commission),<br />
pursuant to the <strong>California</strong> Endangered Species Act or the <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Protection Act, or those<br />
formally adopted by a local (e.g. county or city government) agency as of local concern or rare, or similar<br />
status. Special-status species are defined in Table 1 below.<br />
Table 1. Definitions of Special-Status Species<br />
o <strong>Plant</strong>s and animals legally protected under the <strong>California</strong> and Federal Endangered Species Acts or under other<br />
regulations.<br />
o <strong>Plant</strong>s and animals considered sufficiently rare by the scientific community to qualify for such listing; or<br />
o <strong>Plant</strong>s and animals considered to be sensitive because they are unique, declining regionally or locally, or are at the<br />
extent of their natural range.<br />
Special-Status <strong>Plant</strong> Species Special-Status Animal Species<br />
o <strong>Plant</strong>s listed or proposed for listing as threatened or endangered<br />
under the Federal Endangered Species Act (50 CFR 17.12 for listed<br />
plants and various notices in Federal Register for proposed species).<br />
o <strong>Plant</strong>s that are Category 1 or 2 candidates for possible future listing<br />
as threatened or endangered under the Federal Endangered Species<br />
Act (55 CFR 6184, February 21, 1990).<br />
o <strong>Plant</strong>s that meet the definitions of rare or endangered species under<br />
the CEQA (State CEQA Guidelines, Section 15380).<br />
o <strong>Plant</strong>s considered by CNPS to be "rare, threatened, or endangered"<br />
in <strong>California</strong> (Lists 1B and 2 in CNPS 2001).<br />
o <strong>Plant</strong>s listed by CNPS as plants needing more information and<br />
plants of limited distribution (Lists 3 & 4 in CNPS 2001).<br />
o <strong>Plant</strong>s listed by CNPS as locally rare (Lake 2004, <strong>Magney</strong> 2003,<br />
<strong>Magney</strong> 2010, Wilken 2003).<br />
o <strong>Plant</strong>s listed or proposed for listing by the State of <strong>California</strong> as<br />
threatened or endangered under the <strong>California</strong> Endangered Species<br />
Act (14 CCR 670.5).<br />
o Animals listed/proposed for listing as<br />
threatened/endangered under the Federal<br />
Endangered Species Act (50 CFR 17.11 for<br />
listed animals and various notices in<br />
Federal Register for proposed species).<br />
o Animals that are Category 1 or 2<br />
candidates for possible future listing as<br />
threatened or endangered under Federal<br />
Endangered Species Act (54 CFR 554).<br />
o Animals that meet the definitions of rare or<br />
endangered species under the CEQA (State<br />
CEQA Guidelines, Section 15380).<br />
o Animals listed or proposed for listing by<br />
the State of <strong>California</strong> as threatened and<br />
endangered under the <strong>California</strong><br />
Endangered Species Act (14 CCR 670.5).<br />
o Animal species of special concern to the
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Act (14 CCR 670.5).<br />
o <strong>Plant</strong>s listed under the <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Protection Act<br />
(<strong>California</strong> Fish and Game Code 1900 et seq.).<br />
o <strong>Plant</strong>s considered sensitive by other federal agencies (i.e. U.S. Forest<br />
Service, Bureau of Land Management) or state and local agencies or<br />
jurisdictions.<br />
o <strong>Plant</strong>s considered sensitive or unique by the scientific community;<br />
occurs at natural range limits (State CEQA Guidelines, Appendix<br />
G).<br />
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CDFG.<br />
o Animal species that are fully protected in<br />
<strong>California</strong> (<strong>California</strong> Fish & Game Code,<br />
Sections 3511 [birds], 4700 [mammals],<br />
5050 [reptiles, amphibians]).<br />
o Animals considered rare or sensitive<br />
locally by a local agency or scientific<br />
community (State CEQA Guidelines,<br />
Appendix G)<br />
The CNPS’ Inventory of Rare and Endangered Vascular <strong>Plant</strong>s of <strong>California</strong> (CNPS 2001 9 , 2010 10 )<br />
categorizes rare <strong>California</strong> plants into one of five lists (1A, 1B, 2, 3, and 4) representing five levels of<br />
species status, one of which is assigned to a sensitive species to indicate its status of rarity or endangerment<br />
and distribution. Most taxa also receive a threat code extension following the List (e.g. 1B.1, 2.3), which<br />
replaces the old R-E-D Code previously used by CNPS. Table 2, <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society List,<br />
provides a definition for each List code number, and Table 3, <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society List Threat<br />
Code Extensions defines the CNPS List Threat Code Extensions that indicates the level of endangerment<br />
within the state.<br />
Table 2. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society List (CNPS List)<br />
CNPS List Definition<br />
CNPS Threat<br />
Code Extension<br />
.1<br />
1A Presumed Extinct in <strong>California</strong><br />
1B Rare, Threatened, or Endangered in <strong>California</strong> and elsewhere<br />
2 Rare, Threatened, or Endangered in <strong>California</strong>, but more common elsewhere<br />
3 Need more information (a Review List)<br />
4 <strong>Plant</strong>s of Limited Distribution (a Watch List)<br />
Table 3. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society List Threat Code Extensions<br />
Definition<br />
Seriously endangered in <strong>California</strong> (over 80% of occurrences threatened / high degree<br />
and immediacy of threat)<br />
.2 Fairly endangered in <strong>California</strong> (20-80% occurrences threatened)<br />
.3 Not very endangered in <strong>California</strong> (
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an element (species or natural community) throughout its global range. The state rank (S-rank) is assigned<br />
much the same way as the global rank, except state ranks in <strong>California</strong> often also contain a threat<br />
designation attached to the S-rank. This Element Ranking system is defined below in Table 4, <strong>California</strong><br />
Natural Diversity Database Element Ranking System.<br />
G1<br />
Table 4. <strong>California</strong> Natural Diversity Database Element Ranking System<br />
Global Ranking (G)<br />
Less than 6 viable element occurrences (pops for species), OR less than 1,000 individuals, OR
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counting element occurrences.<br />
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2. Uncertainty about the rank of an element is expressed in two major ways: by expressing the rank as a range of values (e.g. S2S3 means the rank is somewhere<br />
between S2 and S3), and by adding a ? to the rank (e.g. S2?). This represents more certainty than S2S3, but less than S2.<br />
As described for the CNDDB ranking, not all special-status species considered in this report are tracked by<br />
CNPS at a statewide level; however, CNPS, primarily through local chapters (guided by the Local Flora<br />
Committee), has developed regional/county lists of Species of Local Concern. The Channel Islands<br />
Chapter of CNPS has developed a list of locally rare plants of Ventura County (<strong>Magney</strong> 2010 11 ), which is<br />
periodically updated, and for Santa Barbara County (Wilken 2003 12 , 2007 13 ), and a preliminary list of locally<br />
rare plants for the Liebre Mountains region, which includes the Santa Clarita Valley and at least portions of<br />
Newhall Ranch (<strong>Magney</strong> 2003 14 ). According to <strong>Magney</strong> (2010), Ventura County Locally Rare plant<br />
species are defined as plants with only 5 or fewer occurrences in Ventura County, and Ventura County<br />
Locally Uncommon species are defined as plants with only 6 to 10 occurrences in the County. The same<br />
criteria are used for the locally rare plants list for the Liebre Mountains. These rarity criteria are taken from<br />
the NatureServe (formerly the Natural Heritage Program of The Nature Conservancy) rarity ranking system<br />
and applied at the county level. This approach was agreed upon in 2004 by a consensus of local expert<br />
botanists, including: Carl Wishner, Richard Burgess, <strong>David</strong> Bramlet, Elihu Gevirtz, Mary Carroll, John<br />
Dreher, Rick Farris, Richard Handley, Steve Junak, Mary Meyer, Rick Reifner, Cher Batchelor, Duane<br />
Vander Pluym, Dieter Wilken, Michelle Bates, <strong>David</strong> <strong>Magney</strong>, and several others.<br />
The acceptability of using the NatureServe ranking system at the County level is analyzed by <strong>Magney</strong><br />
(2004 15 ), which was reviewed by the CNPS Rare <strong>Plant</strong> Program’s Local Flora Committee and those local<br />
botanists listed above. <strong>Magney</strong> uses those metrics to objectively identify those plant species that met the<br />
criteria based on his knowledge of the Ventura County flora (which is in manuscript and spreadsheet forms<br />
documenting every known occurrence of every vascular plant taxon known to occur within Ventura<br />
County).<br />
Special-status <strong>Plant</strong>s in the DEIR<br />
Page 4.3-71, a. Special-Status <strong>Plant</strong>s, provides definitions and discussions on only 10 species of plants as<br />
special-status species as occurring on the Mission Village portion of the 11,999-acre Newhall Ranch,<br />
including one undescribed species. Table 4.3-4 lists special-status plants on Newhall Ranch but not on the<br />
11 <strong>Magney</strong>, D.L. 2008. Checklist of Ventura County Rare <strong>Plant</strong>s. 23 December 2008, Fourteenth edition. <strong>California</strong> <strong>Native</strong><br />
<strong>Plant</strong> Society, Channel Islands Chapter, Ojai, <strong>California</strong>. Available at<br />
http://cnpsci.org/html/<strong>Plant</strong>Info/ChecklistofVenturaCountyRare<strong>Plant</strong>s-20081223.htm<br />
12 Wilken, D. 2003. Locally Rare <strong>Plant</strong>s of Santa Barbara County. June 2003. Central Coast Center for <strong>Plant</strong> Conservation,<br />
Santa Barbara Botanic Garden, Santa Barbara, <strong>California</strong>. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, Channel Islands Chapter, Ojai,<br />
<strong>California</strong>.<br />
13 Wilken, D. 2007. Rare <strong>Plant</strong>s of Santa Barbara County. (version 1.8, 6 August 2007.) Central Coast Center for <strong>Plant</strong><br />
Conservation, Santa Barbara Botanic Garden, Santa Barbara, <strong>California</strong>. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, Channel Islands<br />
Chapter, Ojai, <strong>California</strong>. (Published on www.cnpsci.org.)<br />
14 <strong>Magney</strong>, D.L. 2003. Rare <strong>Plant</strong>s of the Liebre Mountains, Los Angeles County. 2 May 2003. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong><br />
Society, Channel Islands Chapter, Ojai, <strong>California</strong>. Published on the CNPS Channel Islands Chapter’s website,<br />
http://cnpsci.org/<strong>Plant</strong>Info/01Rare<strong>Plant</strong>s.htm<br />
15 <strong>Magney</strong>, D.L. 2004. Acceptability of Using the Natural Heritage Program’s Species Ranking System for Determining<br />
Ventura County Locally Rare <strong>Plant</strong>s. 25 November 2004. <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>, Ojai, <strong>California</strong>.<br />
Prepared for <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, Channel Islands Chapter, Ojai, <strong>California</strong>. (Published at www.cnpsci.org.)
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project site. The DEIR did not adequately assess impacts to special-status plant species, in particular those<br />
that are locally rare (rare in the region or Los Angeles County).<br />
Only three of the 10 special-status plant species were mapped (Figure 4.3-6 of the DEIR). Most of the<br />
special-status plant species were not mapped.<br />
Page 4.3-76 Parish's Sagebrush (Artemisia tridentata ssp. parishii) states, “Parish's sagebrush is considered<br />
special status by the County of Los Angeles, but it has no federal, state, or CNPS status”. The statement<br />
that Artemisia tridentata ssp. parishii does not have CNPS status is incorrect. This subspecies is listed by<br />
CNPS, through the Channel Islands Chapter, as a locally rare species in adjacent Ventura County since at<br />
least 2003 (<strong>Magney</strong> 2003 16 , 2010 17 ). Furthermore, the DEIR goes on to say, “It is considered regionally<br />
rare by local botanists (Mary Meyer, personal communication, October 2007).” This is the exact same<br />
wording found in the SPC DEIR/EIS. Since the Channel Islands Chapter is part of CNPS, any lists<br />
prepared by the chapters must also be considered as part of the CNPS List. The Channel Islands Chapter<br />
lists are specifically cited and linked on the CNPS website.<br />
SLENDER MARIPOSA LILY<br />
Page 4.3-76 of the DEIR states: “Populations of this species have been documented and mapped<br />
throughout the project site. The mapped acreage of this species on the Mission Village project site in 2003<br />
was 9.68 acres, in 2004 was 6.63 acres, and in 2005 was 6.23 acres. In total (when the 2003–2005 data is<br />
unioned), slender mariposa lily occupies a cumulative footprint of 17.43 acres of the project site.” This<br />
significant direct impact must also take into consideration known and expected cumulative impacts to this<br />
species at Newhall Ranch and throughout its range.<br />
For example, the SCP DEIR states: “The combined direct and indirect permanent loss of slender mariposa<br />
lily cumulative occupied area and individuals resulting from implementation of the RMDP and the SCP and<br />
build-out of the Specific Plan, VCC, and Entrada planning areas would total 72 acres (35.0%) and 30,645<br />
(46.4%) individuals, respectively. The loss of slender mariposa lily occurring as a result of implementation<br />
of the RMDP and the SCP and build-out of the Specific Plan, VCC, and Entrada planning areas would be<br />
considered a substantial adverse effect on this species and would substantially reduce the number and<br />
restrict the range of this species on site (significance criteria 1 and 7). The combined direct and indirect<br />
permanent impacts (Impacts to Individuals) would be significant, absent mitigation.”<br />
Under the proposed project plan described for the SCP (Alternative 2), there would be 33 acres (16.3%) of<br />
cumulative occupied area and 23,963 individuals (36.3%) within 300 feet of development. Even with<br />
mitigation and monitoring within the preserve areas, there will still be a large percentage (36.3%) of the<br />
population at risk of threats associated with edge effects. As described in Dudek 2007 18 Section 2.4 (page<br />
12) states that only two locations are proposed for receptors sites under the Revised Draft Slender<br />
Mariposa Lily Mitigation and Monitoring Plan; the High Country SMA or Salt Creek area. They are to be<br />
planted adjacent to existing populations of Slender Mariposa Lily within the preserves. What percentage of<br />
16<br />
<strong>Magney</strong>, D.L. 2003. Checklist of Ventura County Rare <strong>Plant</strong>s. 24 June 2003. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, Channel<br />
Islands Chapter, Ojai, <strong>California</strong>.<br />
17<br />
<strong>Magney</strong>, D.L. 2010. Checklist of Ventura County Rare <strong>Plant</strong>s. 9 October 2010, Eighteenth edition. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong><br />
Society, Channel Islands Chapter, Ojai, <strong>California</strong>. Published on www.cnpsci.org.<br />
18<br />
Dudek. 2007. Revised Draft Slender Mariposa Lily Mitigation and Monitoring Plan for the Newhall Ranch Resource<br />
Management and Development Plan and Spineflower Conservation Plan Study Area.
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these existing populations fall within this 300 feet buffer is not stated; however, this is important since this is<br />
the area that is going to be most favorable for receptor sites.<br />
Page 4.3-170 of the DEIR states, “The proposed project would result in the loss of 15.3 acres of the 17.4<br />
acres of cumulative occupied slender mariposa lily habitat on site (see Figure 4.3-6). Given the sensitivity<br />
of this species, these impacts would be significant.”<br />
“The Draft RMDP Slender Mariposa Lily Mitigation and Monitoring Plan289 is attached in Appendix<br />
4.3. A Mission Village Slender Mariposa Lily Mitigation and Monitoring Plan will be prepared and<br />
submitted to CDFG and the County for review and approval prior to ground disturbance to occupied<br />
habitat. Upon approval, the plan will be implemented by the applicant or its designee. The approved<br />
plan will demonstrate the feasibility of enhancing or restoring slender mariposa lily habitat in selected<br />
areas to be managed as natural open space (i.e., the Salt Creek area or High Country SMA/SEA 20,<br />
Spineflower preserves, or River Corridor SMA/SEA 23) without conflicting with other resource<br />
management objectives. Habitat replacement/enhancement will be at a 1:1 ratio (acres<br />
restored/enhanced to acres impacted). In addition, the applicant would implement a number of<br />
mitigation measures designed to avoid and minimize construction-related indirect impacts to the<br />
slender mariposa lily. Applicable mitigation measures include the following:<br />
�� Mitigation Measure SP 4.6-27 (enhancement of habitat values within the High Country<br />
SMA/SEA 20),<br />
�� Mitigation Measures SP 4.6-29 through SP 4.6-32 (recreation and access restrictions within<br />
the High Country SMA/SEA 20),<br />
�� Mitigation Measure SP 4.6-33 (protection of transition areas between the development edge<br />
and the High Country SMA/SEA 20),<br />
�� Mitigation Measure SP 4.6-34 (clear marking of grading perimeters within or adjacent to the<br />
High Country SMA/SEA 20),<br />
�� Mitigation Measures SP 4.6-37 through SP 4.6-42 (long-term management of the High<br />
Country SMA/SEA 20), and<br />
�� Mitigation Measures SP 4.6-53 and SP 4.6-59 (requires current, updated, site-specific<br />
surveys for special-status species in consultation with CDFG).<br />
“This impact would also be reduced through the implementation of the following:<br />
�� Mitigation Measure MV 4.3-27 (implementation of an approved slender mariposa lily<br />
mitigation plan) to be implemented by the applicant. The plan shall be subject to the<br />
approval of the County prior to the issuance of a grading permit.<br />
�� Mitigation Measure MV 4.3-26 (pre-construction educational meetings, construction-limit<br />
staking, and biological monitoring during vegetation clearing and grading activities).”<br />
“Implementation of these mitigation measures would reduce this impact to a level that is adverse but<br />
not significant. This finding is consistent with the findings of the Newhall Ranch Specific Plan<br />
Program EIR and Additional Analysis.”<br />
DMEC found insufficient confirmation that the mitigation and monitoring standards as stated in the Revised<br />
Draft Slender Mariposa Lily Mitigation and Monitoring Plan for the Newhall Ranch Resource Management<br />
and Development Plan and Spineflower Conservation Plan Study Area have proven to be sufficient based<br />
on scientific knowledge. The mitigation ratio proposed, as discussed below, is an example.
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Stated in Dudek’s Revised Draft Slender Mariposa Lily Mitigation and Monitoring Plan (Dudek 2007) in<br />
Section 2.3, Time Frame for Success, page 12, “Success will be defined by meeting the stated requirement<br />
in the Newhall Ranch Resource Management and Development Plan (Dudek 2008) which states that,<br />
“[T]he plan shall replace or transplant the number of individual plants to be removed at a 1:1 ratio and/or<br />
enhance and protect existing populations of the species”.<br />
The claim is that Dudek’s previous work with salvaging, transplanting, and establishing Calochortus (both<br />
Calochortus clavatus var. gracilis and Calochortus plummerae) indicates that successful results can be<br />
achieved. The report states: “In the autumn of 2005, seed and 687 bulbs were salvaged from the River<br />
Village footprint and planted into selected sites in similar habitat in late 2005 and early 2006 (Dudek<br />
2006c). Despite two successive years of drought following transplantation, there was a success rate of 69%<br />
in 2005–6, 34% in 2006–7, and 93% in 2007–8 (Dudek 2007b, 2007c; Thomson 2008)” (page 12).<br />
While a 93% successes rate in the third year is a good start, there is no proof that the same success will<br />
continue for the next two years, and in perpetuity. It is premature of Dudek to claim that they have proved<br />
to be successful at salvaging, transplanting, and establishing species of Calochortus when they have not<br />
reached the goals that they are putting forth in this mitigation and monitoring plan; least a 1:1 ratio of<br />
growth. Furthermore, 93% success does not represent full replacement, as required by a 1:1 mitigation<br />
ratio.<br />
In order for the 1:1 ratio to be meet under Alternative 2, 30,645 individuals must all survive. This is likely<br />
an unobtainable goal. Dudek also claims to have high success rate in regards to their seeding efforts for the<br />
first three years of the program. Again, three years does not prove to meet the long-term persistence of the<br />
species. The total number of plants within just the Mission Village project site is not stated, other than the<br />
acreage of occupied habitat.<br />
Much emphasis is based on the assumption that a minimum of 133 acres of the Slender Mariposa Lily<br />
cumulative occupied area will be conserved within the RMDP and Spineflower Conservation Plan (SCP)<br />
Project boundaries. DMEC has found multiple problems associated with both of these preserve designs and<br />
monitoring standards. We believe that under the current proposed project, neither of theses preserves will<br />
ensure the long-term persistence of the Slender Mariposa Lily.<br />
The Entrada planning area was has an extensive population of Slender Mariposa Lily, only a small portion<br />
of this area is proposed for preservation (under the SCP). In order to “ensure biological diversity of the<br />
species” (Dudek 2007, page 7), an area within San Martinez Grande Canyon will be conserved. The<br />
distance between San Martinez Grande Canyon and the Entrada planning area is too far for this objective to<br />
be reached.<br />
Table 4.3-9, Significant Impact and Mitigation Summary, of the DEIR states that impacts to Slender<br />
Mariposa Lily will be Less Than Significant after mitigation. Since the proposed mitigation, primarily the<br />
translocation and planting onsite, is largely infeasible and has a low likelihood of meeting success criteria,<br />
there will almost certainly be a residual significant impact. Newhall Ranch is overly optimistic about<br />
successfully mitigation this species, which leaves the species at risk. Areas proposed for mitigation,<br />
particularly those areas adjacent to existing populations would be occupied already if the habitat was<br />
suitable for this plant.
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The San Fernando Valley Spineflower (Chorizanthe parryi var. fernandina) [SFVS] is a candidate species<br />
under the federal Endangered Species Act, a <strong>California</strong> state-listed Endangered species, and a CNPS List<br />
1B species. The SFVS was thought to be extinct until the end of the 20 th century. The Newhall RMDP-<br />
SCP Final EIS/EIR 19 succinctly reviews the historical and current known population range of the SFVS (p.<br />
4.5-1,755), “Historically, SFVS was known from several occurrences in and around the San Fernando<br />
Valley and one site in Orange County (CNPS 2009 20 ). As of 1993, all those sites had been presumed<br />
extirpated, and the plant presumed extinct (Hickman 1993 21 ). In 1999, SFVS was rediscovered in Ventura<br />
County, and in 2000 it was rediscovered at Newhall Ranch. Currently, SFVS is known from only these two<br />
locations: Laskey Mesa in the Upper Las Virgenes Canyon Open Space in Ventura County, and the Project<br />
[Newhall Ranch] area in Los Angeles County.”<br />
The entire known range of the SFVS is approximately 32 acres. The Draft Newhall Lands Spineflower<br />
Candidate Conservation Agreement 22 describes the extent of the Las Virgenes population (page 5): “Current<br />
information indicates that the former Ahmanson Ranch population is composed of 18 sub-populations of various<br />
sizes, all located within 0.25 miles (0.49 kilometers) of each other, and occupying approximately 12.9 ac (5.2<br />
ha).” The known SFVS range on the Newhall Ranch (including the Specific Plan area, VCC, and Entrada)<br />
is 20.2 acres (Spineflower Conservation Plan [SCP] 2007, p. 15) 23 . Attempts to predict whether suitable<br />
SFVS habitat exists outside of the known occupied SFVS range have not been successful. The SCP states<br />
(p. 45):<br />
“The results of this effort [determining where SFVS occurs outside of known habitat on the Newhall<br />
project area using a combination of vegetation, soils, geology, elevation, slope, and aspect data]<br />
indicate that either existing habitat data may be too coarse to resolve the actual habitat features that<br />
SFVS selects or that habitat features are not predictive of spineflower occurrence. It is possible that<br />
further studies at a finer scale are needed to better refine the various habitat parameters differentiating<br />
occupied SFVS habitat from unoccupied areas.”<br />
Based on existing data, there are no known SFVS populations outside of the known range and there is no<br />
known method for predicting where SFVS populations will occur outside of their observed distribution.<br />
The project applicant states that there are 8.57 acres of known SFVS habitat on the Mission Village project<br />
site. The project applicants estimate that 3.29 acres of this habitat will be eliminated by the Mission Village<br />
project (Mission Village DEIR, page 4.3-163). The SFVS habitat loss proposed for the Newhall project,<br />
including the Mission Village project, is 26% of the complete known SFVS range (approximately 32 acres).<br />
The projected total loss of the Newhall SFVS population (as measured in amount of occupied habitat) is<br />
6.35 acres (31.4% of the 20.2 acres making up the Newhall SFVS population). 1<br />
19<br />
CDFG. 2010. Newhall Ranch Resource Management and Development Plan and the Spineflower Conservation Plan<br />
FINAL EIS/EIR. June 2010.<br />
20<br />
CNPS. 2009. Inventory of Rare and Endangered <strong>Plant</strong>s. Online edition, version 7-09a. Revised January 13, 2009; accessed<br />
January 15, 2009. Sacramento, <strong>California</strong>. http://cnps.web.aplus.net/cgi-bin/inv/inventory.cgi<br />
21<br />
Hickman, J.C. 1993. The Jepson Manual: Higher <strong>Plant</strong>s of <strong>California</strong>. University of <strong>California</strong> Press, Berkeley, <strong>California</strong>.<br />
22<br />
The Newhall Land And Farming Company. February 14, 2008. Draft Newhall Land Candidate Conservation Agreement for<br />
San Fernando Valley Spineflower<br />
23<br />
Dudek. 2007. Draft Spineflower Conservation Plan. December 2007. Valencia, <strong>California</strong>. Prepared for Newhall Land<br />
and Farming Company, Valencia, <strong>California</strong>.
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The project applicant proposes to mitigate the SFVS loss by establishing a series of SFVS preserves that<br />
they claim “ensures the long-term survival of spineflower populations on the project site and greater NRSP”<br />
(Mission Village DEIR, page 4.3-163). These preserves are described in the Mission Village DEIR (pages<br />
4.3-163 to 4.3-164): “The SCP [Spineflower Conservation Plan] establishes five San Fernando spineflower<br />
preserves, four within the Newhall Ranch Specific Plan site and one within a portion of the Entrada planning<br />
area. Of these preserves, the Airport Mesa Preserve is located on the Mission Village project site…As<br />
described in the SCP, the five proposed preserves would encompass a total of 164.8 acres of land. The<br />
preserve areas have been designed to accommodate natural spineflower population fluctuations and include<br />
13.26 acres of occupied spineflower habitat and 152.6 acres of buffer area (unoccupied spineflower habitat).<br />
In total, the five proposed preserves encompass 68.6 percent of the cumulative occupied spineflower habitat<br />
within the SCP area… The Mission Village project includes the proposed Airport Mesa preserve; the<br />
Mission Village Airport Mesa preserve as proposed would be larger than the Airport Mesa preserve<br />
described in the SCP. The Mission Village Airport Mesa preserve would occupy 65.62 acres, including<br />
5.28 acres of occupied spineflower habitat, 24.39 acres of core expansion area (unoccupied spineflower<br />
habitat), and 35.96 acres of buffer area (unoccupied spineflower habitat) (see Figure 4.3-10, Airport Mesa<br />
Preserve Core Population). It is unknown if any of the unoccupied open space included in the preserves is<br />
suitable for spineflowers. The proposed Airport Mesa preserve was designed to conserve the areas of<br />
greatest concentration of spineflower within the general Airport Mesa occurrence.”<br />
A basic design assumption of the proposed SFVS preserve system seems to be that an essential “core” of<br />
occupied SFVS habitat will be preserved that will adequately conserve the Newhall SFVS population.<br />
References are made in the Mission Village DEIR to the “Airport Mesa Preserve Core Population” and that<br />
the proposed Airport Mesa preserve will conserve the areas of “greatest concentration” of the SFVS<br />
(Mission Village DEIR p. 4.3-163). In reference to the larger preserve system the SCP (page 112) states:<br />
“This direct impact [take of approximately 6.36 acres (31%) of the 2002 through 2007 cumulative<br />
spineflower occurrence area] will be fully mitigated, first by establishing a system of preserves to<br />
protect the core occurrences of spineflower in the study area, and second by implementing<br />
management and monitoring within an adaptive management framework to maintain or enhance the<br />
protected spineflower occurrences within the five preserve areas.”<br />
Based on the data presented, the SFVS appears to experience extreme population fluctuations over<br />
relatively short periods of time across its entire known 30-acre range. The Las Virgenes (Ahmanson<br />
Ranch) population fluctuated between 23,000 individuals in 1999, 1.46 million individuals in 2000, 1.8<br />
million individuals in 2001, and 220,935 individuals in 2002 (SCP, page 14). The Newhall SFVS<br />
population has experienced even more extreme population fluctuations than the Las Virgenes populations.<br />
The Newhall RMDP-SCP Final EIS/EIR summarizes the known population trends for the SFVS on the<br />
Newhall project site, including Mission Village (page 4.5-1,758),<br />
“In 2003, surveys estimated populations of SFVS totaling 5,947,120 individuals occupying 16 acres.<br />
In 2004, the total population of SFVS was estimated to be 558,388 individuals occupying 5.33 acres.<br />
In 2005, the total population of SFVS was estimated to be 7,391,813 individuals occupying 11.45<br />
acres. In 2006, the total population of SFVS was estimated to be 1,773,496 individuals occupying<br />
8.49 acres. In 2007, the total population of SFVS was estimated to be 760 individuals occupying<br />
0.12 acre.”<br />
Reviewing the methodology used to determine SFVS population size, it is clear that the methods used are<br />
not repeatable. That is, it would not pass a common statistical t-test. Obviously, it is not practicle, or really<br />
possible, to physically count every SFVS plant. But to come up with a reasonably accurate estimate, strict
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statistically valid protocols must be followed. Replicate sampling must be part of those protocols. None of<br />
this describes how Newhall Ranch consulting biologists (many of where were not even botanists) counted<br />
the plants each year. The same methods were not used from year to year. Comparisons and trends made<br />
from such flawed data will only tell a false story. No valid conclusions can be made about the actual<br />
number of plants present each year or anything about populations dynamics or trends other than there are<br />
some plants this year and there area lots of plants this other year.<br />
The project applicant states that the potential project impacts to the SFVS are evaluated in terms of loss of<br />
occupied habitat rather than by number of individual plants impacted because of how SFVS acreage (and<br />
associated number of individuals) varies from year to year (Mission Village DEIR, page 4.3-163). They<br />
note that the mapped acreage of SFVS on the Mission Village project site varied from 0.42 acre to 7.14<br />
acres based on 2002-2007 survey data (Mission Village DEIR, page 4.3-163). Based on the 2002-2007<br />
survey data, the acreage occupied by SFVS on the overall Newhall project site varied from 0.12 acre to 16<br />
acres.<br />
The population dynamics of the SFVS suggest that the entire range of the population is "core" habitat and<br />
that designing a preserve system that designates some of the habitat "core" and some of it expendable, as<br />
the project applicant has done, is not biologically valid. The amount of their known range that the SFVS<br />
population inhabits varies greatly from year to year. The project applicant makes a factually incorrect<br />
statement that, "The location of spineflower cumulative occupied habitat is well understood, based on six<br />
years of extensive surveys (2002 through 2007). Occupied habitat varies somewhat, but not widely, from<br />
year to year" (Response 84, page RTC-053-56 of project applicant to comments on the SCP by DMEC on<br />
behalf of Friends of the Santa Clara River). There is a great variance in occupied SFVS habitat on the<br />
Newhall project site, with SFVS occupying 133 times greater area (16 acres) than the lowest known<br />
occurrence (0.12 acre). The amount of occupied SFVS habitat on the Mission Village project site varies 17<br />
times from lowest (0.42 acre) to highest (7.14 acres) known occurrences based on the survey data<br />
presented.<br />
The project applicant states that the proposed Airport Mesa preserve will conserve the areas of “greatest<br />
concentration” of the SFVS (Mission Village DEIR page 4.3-163) on the Mission Village project site,<br />
implying that the highest number of individual spineflowers will be conserved by the preserve. The survey<br />
data presented indicate that over time the number of individual spineflowers fluctuates greatly along with<br />
area occupied by the SFVS in any given year and that there is no biologically meaningful area of "greatest<br />
concentration" as the project applicant suggests. The number of individual spineflowers by which "greatest<br />
concentration" would be measured varies from millions to hundreds of individuals across years. The<br />
concept of conserving the "greatest concentration" of spineflowers also contradicts the project applicant's<br />
methodology for measuring project impacts to the SFVS, which is to use occupied acreage rather than<br />
number of individuals (Mission Village DEIR, page 4.3-163).<br />
It is not possible to predict what part of the SFVS habitat on the Mission Village project site is "core"<br />
habitat or will have the "greatest concentration" of individuals as the project applicant suggests. The<br />
concentration of some portion of the SFVS population in a preserve system and the "take" (i.e. destruction)<br />
of the remaining habitat will possibly disrupt the population dynamics of the SFVS and reduce the likelihood<br />
of population persistence on the Newhall project area, having the exact opposite effect on SFVS<br />
conservation that the project applicants claim.<br />
The SFVS is likely dependent on the presence of a seedbank for population persistence (SCP, page 24).<br />
There are some years when the amount of area occupied by the SFVS is extremely limited and population
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numbers are very low (760 individuals occupying 0.12 acre in 2007). An event such as fire, drought,<br />
landslide, grazing, or trampling could extirpate the extant SFVS population in such a year. The presence of<br />
the seedbank ensures that in such an event the reproductive material for the SFVS population would survive<br />
into succeeding years when germination of future populations of the SFVS could occur. The project<br />
applicant has not adequately assessed the possibility in the DEIR or the SCP that removing some of the<br />
standing seedbank, as they propose to do, could or wouldn’t disrupt the viability of the seedbank and thus<br />
overall viability of the SFVS population. The data presented by the project applicant in the SCP (page 45)<br />
indicate that the current understanding of vegetation, soils, geology, elevation, slope, and aspect data is not<br />
adequate to predict where SFVS (and thus viable SFVS seedbank) will occur outside of their known range.<br />
These data are not adequate or sufficient to allow CDFG or any biologist to predict where and how the<br />
SFVS will occur within known SFVS range from year to year and thus identify a minimum "core" seedbank<br />
that will assure the long-term viability of the SFVS population if the remaining seedbank is removed, as the<br />
project applicants propose to do.<br />
In order to understand what "core" habitat is for the SFVS on the Newhall site, one must understand where<br />
the "core" seedbank and how the seedbank controls population dynamics of the SFVS. The project<br />
applicant has not presented any data demonstrating how they will identify and conserve the "core" seedbank<br />
of the SFVS on the Mission Village project site or in the overall proposed Newhall preserve system. The<br />
project applicant suggests that the SFVS population dynamics observed in their survey data is probably<br />
caused by climate, stating in the Mission Village DEIR (page 4.3-75), “The variation of spineflower<br />
abundance and area occupied from year to year is typical of annual plant species. In the case of spineflower,<br />
it appears that climatic conditions influence spineflower abundance and area occupied. On the Newhall<br />
Ranch property, the estimated number of spineflower was lower in 2002, 2004, and 2007, compared to<br />
2003 and 2005, with 2006 falling in between. Years 2002, 2004, and 2007 experienced below average<br />
rainfall; in year 2003, rainfall was considered normal, according to the Western Regional Climate Center.<br />
Winter 2004/spring 2005 rainfall was considered to be above normal; in winter 2005/spring 2006, rainfall<br />
was slightly below average but was not as low as it was in 2002, 2004, and 2007, according to the Western<br />
Regional Climate Center.” However, they do not present any ecological data or modeling showing how the<br />
SFVS population dynamics observed would be conserved within the proposed preserve system.<br />
It is clear from present knowledge of SFVS population dynamics that some unknown combination of<br />
ecological factors (e.g. vegetation, soils, geology, elevation, slope, aspect) interacts with the intact SFVS<br />
seedbank to control SFVS population dynamics. Destruction of the intact seedbank outside of the<br />
preserves will permanently disrupt the unknown combination of ecological factors that interacts with the<br />
intact SFVS seedbank as an ecological "switch" to control or influence SFVS population dynamics. The<br />
project applicant states that the seedbank outside of the preserves will be conserved at seedbank repositories<br />
(Rancho Santa Ana Botanic Garden and USDA National Seed Storage Lab) and that this is a well-established<br />
method for plant species conservation (page 136, Section 12.1, in Newhall SCP). However, the ecological<br />
"switch" or "switches" that control SFVS population dynamics will not be conserved outside of the<br />
proposed preserve system. It is possible that the intact SFVS seedbank outside of the proposed preserve<br />
system (and necessary ecological "switches" that control it) is actually "core" seedbank that is necessary for<br />
the long term persistence of the Newhall SFVS population. The proposed take of approximately 6.36 acres<br />
(31%) of the 2002 through 2007 cumulative spineflower occurrence area, including the 3.29 acres proposed<br />
by the Mission Village project, may remove "core" intact SFVS seedbank and ecological factors that are<br />
necessary to conserve the long-term viability of the Newhall SFVS population.
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Lacking evidence to the contrary, the baseline assumption must be that all of the 2002 through 2007<br />
cumulative spineflower occurrence area are necessary to conserve the population dynamics of the Newhall<br />
SFVS population. The project applicant states, "variation of spineflower abundance and area occupied<br />
from year to year is typical of annual plant species" (Mission Village DEIR page 4.3-75). The SFVS is not<br />
a typical annual plant species in that it has been extirpated from most of its known range, the entire known<br />
range of the taxon consists of two populations on 30 acres, and it is uncertain if there is any viable habitat<br />
outside of these 30 acres. The SFVS is a narrow endemic of the Western Transverse Ranges portion of the<br />
<strong>California</strong> Floristic Province that grows only on certain substrates with a specific microclimate occurring<br />
only in a restricted area under a Mediterranean-type climate. Most annual plants grow under different<br />
climatic regimes, so to lump the SFVS into a group containing all annual plants is an extreme<br />
oversimplification of the SFVS’s phenology and climatic and edaphic requirements for germination. There<br />
are clearly specific ecological aspects of the SFVS life history, ecology, and population dynamics that<br />
constrain it to a very specific and limited habitat type, and thus do not make it typical of other annual plant<br />
species. The population dynamics of the SFVS cannot be adequately managed in the absence of knowledge<br />
of what these ecological aspects of the SFVS life history, ecology, and population dynamics are.<br />
The proposed destruction of the intact SFVS seedbank and its ecological context outside of the proposed<br />
preserve system may destroy critical "core" SFVS seedbank necessary to SFVS population persistence.<br />
The USFWS reviewed the candidate status of the SFVS for listing under the Endangered Species Act on<br />
November 10, 2010 24 . The USFWS stated, "Chorizanthe parryi var. fernandina is particularly vulnerable<br />
to extinction due to its concentration in two isolated areas [Las Virgenes and Newhall]. The existence of<br />
only two areas of occurrence, and a relatively small range, makes the variety highly susceptible to extinction<br />
or extirpation from significant portion of its range due to random events such as fire, drought, erosion, or<br />
other occurrences. We retained a listing priority number 6 for Chorizanthe parryi var. fernandina due to<br />
high magnitude of non-imminent threats." DMEC argues that the proposed destruction of potential "core"<br />
SFVS seedbank by the Mission Village project constitutes an imminent threat to the Newhall SFVS<br />
population persistence, and thus to the long term persistence of the SFVS.<br />
Table 4.3-9, Significant Impact and Mitigation Summary, of the DEIR states that impacts to SFVS will be<br />
Less Than Significant after mitigation. The direct loss of 20% to 30% of an Endangered species cannot be<br />
considered a less-than-significant impact when no attempts as establishment offsite have ever succeeded.<br />
As will shown later in these comments, the proposed mitigation will not offset the direct and indirect<br />
impacts to the SFVS.<br />
Newhall Ranch Spineflower Conservation Plan<br />
The San Fernando Valley Spineflower (Chorizanthe parryi var. fernandina) is an endangered species under<br />
the <strong>California</strong> Endangered Species Act (CESA) (<strong>California</strong> Fish and Game Code, Sections 2050– 2097) as<br />
of September 8, 2002. Currently it is a candidate species for federal listing under the Endangered Species<br />
Act of 1973 (FESA) (16 U.S.C. Section 1531, et seq.).<br />
The San Fernando Valley Spineflower (SFVS) historically was more widespread, and thought extinct until<br />
its rediscovery at two locations, Ahmanson Ranch in the southeast corner of Ventura County and on<br />
Newhall Ranch (Newhall Land Properties) in western northern Los Angeles County, within the Santa Clara<br />
24 US Fish and Wildlife Service Review of <strong>Native</strong> Species That Are Candidates for Listing as Endangered or Threatened;<br />
Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions; Proposed Rule.<br />
November 10, 2010.
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River Valley. SFVS was discovered on Ahmanson Ranch in 1999 during a subsequent biological survey<br />
prior to development and on Newhall Ranch in 2000. The population on Ahmanson Ranch (now the Upper<br />
Las Virgenes Canyon Open Space Preserve) is no longer in direct threat from development after being<br />
acquired the Federal Government; however, potential impacts to that population (impacts associated with<br />
movie filming near preserve) still needs to be evaluated (USFWS 2008 25 ). Since the Newhall Ranch<br />
contains the majority of extant natural populations of the SFVS, the proposals to develop the ranch into a<br />
new city must consider how those development plans will affect the plant.<br />
The purpose of the Spineflower Conservation Plan (SCP) to establish a conservation and management plan<br />
to permanently protect and manage a system of preserves designed to maximize the long-term persistence<br />
of the SFVS within the project study area described below. This SCP describes a preserve system proposed<br />
by the applicant, The Newhall Land and Farming Company. The management and monitoring components<br />
of this SCP have been developed in consultation with the CDFG.<br />
The five preserves proposed in the SCP would conserve approximately 68.6% of the cumulative SFVS<br />
occupied-area within the study area, listed in the SPC’s Table 22 (taken from the SCP section 17.0 Take<br />
and Conservation, page 144).<br />
Project Site<br />
Table 22 Conservation and Take by Project Site Using Total Footprint<br />
SFVS Acres to be<br />
Conserved<br />
SFVS Acres to be Taken Total<br />
Specific Plan area 12.86 (74%) 4.421 (26%) 17.28<br />
VCC 0.00 (0%) 0.85(100%) 0.85<br />
Entrada 1.03 (49%) 1.09 (51%) 2.10<br />
Total 13.88 (69%) 6.36 (31%) 20.24<br />
“The information provided in this Plan will be used by the applicant in requesting a state permit authorizing<br />
the take of spineflower in the areas located outside designated spineflower preserves. Specifically, the<br />
applicant is requesting: (1) a Candidate Conservation Agreement from the U.S. Fish and Wildlife Service<br />
(USFWS) under FESA and (2) a section 2081(b) Incidental Take Permit from CDFG under CESA”(SCP,<br />
1.2 Purpose and Need, page 2).<br />
As stated in Section 1.2 Purpose and Need, on page 7 of the SCP: “The purpose and need for the Plan<br />
under the National <strong>Environmental</strong> Policy Act of 1969 (NEPA) (42 U.S.C. Section 4321, et seq.) and the<br />
Plan objectives under the <strong>California</strong> <strong>Environmental</strong> Quality Act (CEQA) (<strong>California</strong> Public Resources Code,<br />
Section 21000, et seq.) are:<br />
“To develop and implement a practicable/feasible comprehensive spineflower conservation plan that<br />
provides for the long-term persistence of spineflower within Newhall Land properties containing<br />
known spineflower populations.”<br />
In addition to compliance with NEPA and CEQA, the Corps and CDFG are the lead agencies involved in<br />
the preparation of the joint EIS/EIR, which addressed impacts associated the proposed project. In response<br />
25 Fish and Wildlife Service. 50 CFR Part 17. 75176 Federal Register / Vol. 73, No. 238 / Wed, December 10, 2008 /<br />
Proposed Rules. http://www.fws.gov/endangered/pdfs/CNOR/08%20CNOR%20published%2012-10-08.pdf
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to the proposed city, the CDFG, who has responsibility over state-listed species, must develop and approve<br />
a conservation plan that protects the SFVS to ensure its viability and continued existence.<br />
As stated in the Candidate Conversation Agreement: “The purpose of this Agreement is to agree upon<br />
conservation, management, and monitoring measures ("Conservation Measures") for the spineflower,<br />
located on portions of Newhall's Enrolled Lands, described below. This Agreement is intended to benefit<br />
the spineflower, a candidate species, by obtaining Newhall's commitment to implement the Conservation<br />
Measures, which, when combined with the benefits that will be achieved by the conservation of the<br />
spineflower in the Upper Las Virgenes Canyon Open Space Preserve, would preclude the need to list the<br />
spineflower in the future” (Candidate Conservation Agreement, page D- 2). As pointed out below,<br />
DMEC has serious questions about whether the SCP will work as suggested and adequately conserve the<br />
SFVS in perpetuity.<br />
DMEC previously commented on the project applicant’s proposed SFVS preserve system and mitigation<br />
measures for impacts that their project will have on the Newhall SFVS population (Comments on the<br />
Spineflower Conservation Plan by DMEC on behalf of Friends of the Santa Clara River and CNPS).<br />
DMEC argued that the knowledge of SFVS population ecology necessary to design a viable preserve<br />
system to conserve the Newhall SFVS population did not exist as the project applicant contends. Since the<br />
Mission Village EIR relies so heavily on the SCP, the technical and impact assessment problems of that EIR<br />
and the SCP must be addressed here as well. The general response of the project applicant to DMEC’s<br />
comments on their proposed SFVS conservation plan is summarized below.<br />
Project applicants response to DMEC comments on the SCP (page RTC-053-65):<br />
“Additional information on population dynamics and seed bank function would be useful, but not<br />
necessary, to devise an effective Project-related conservation strategy for spineflower at this time,<br />
including measures to manage the proposed preserve areas. The description and analysis in the Draft<br />
SCP is based on facts, reasonable assumptions, and expert opinion and supports the conclusions and<br />
analysis in the Draft EIS/EIR.”<br />
Project applicant’s response to DMEC comments on the SCP (page RTC-053-36):<br />
“There is adequate information about the basic ecological processes governing spineflower<br />
distribution and abundance to support the analysis and conclusions in the Draft EIS/EIR. Section 4.0<br />
of the Draft SCP describes aspects of the species, such as distribution, abundance, existing and<br />
historical occurrences, germination, seed viability, and pollinators. Section 5.0 of the Draft SCP and<br />
Subsection 4.5.5.3 of the Draft EIS/EIR provide extensive field survey data compiled by Dudek and<br />
Associates over a six-year period (2002-2007) documenting fluctuations in occurrence and<br />
abundance over that period, evidently correlated with rainfall and fire patterns. In addition, Section<br />
4.0 the Draft SCP describes and cites studies of spineflower pollination and other ecological<br />
investigations (Jones et al. 2002, 2004); studies by LaPierre and Wright (2000) of ants and other<br />
arthropods as potential pollinators or seed dispersers; and seed germination trials (reports included in<br />
work by Sapphos (2003)).”<br />
We anticipate that the project applicant will similarly assert that their SCP, as implemented through their<br />
proposed SFVS preserve system, is adequate “based on facts, reasonable assumptions, and expert opinion<br />
and supports the conclusions and analysis in the Draft EIS/EIR [SCP] (Project applicants response to<br />
DMEC comments on the SCP, page RTC-053-65)”.
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We argue that the project applicant has misinterpreted the facts and data that they have presented. The<br />
basic biological principle underlying their preserve system is that they are preserving adequate core habitat<br />
of the SFVS to conserve the population dynamics, seed bank, and overall long-term viability of the Newhall<br />
SFVS population. In fact, there is no real biological understanding of what the actual core habitat of the<br />
Newhall SFVS population and underlying core seed bank that likely sustains the population is. The<br />
population survey data presented show that population abundance and distribution fluctuates from extreme<br />
lows to extreme highs. The baseline ecological knowledge needed to predict what part of the known<br />
occupied habitat of the Newhall SFVS population is core habitat and what part of the known occupied<br />
habitat and underlying seed bank, if any, can be destroyed and assure the persistence of the Newhall SFVS<br />
population does not exist, despite the project applicant’s claim that it does, or that this knowledge can be<br />
inferred from other annual plant species. The SFVS is not a typical annual plant species in that it was<br />
extirpated from most of its known range, the entire known range of the taxon consists of two populations<br />
on 30 acres, and it is uncertain if there is any viable habitat outside of these 30 acres. It also does not<br />
behave like most other annual plant species. It has specific microclimate and edaphic requirements for it to<br />
complete its life cycle successfully, which the CDFG and project applicant’s “experts” do not understand<br />
and lack any expertise with.<br />
Numerous surveys in the region have failed to find additional populations (e.g. ARCADIS 2010 26 ; Bonterra<br />
<strong>Consulting</strong> 2009 27 ; DMEC 2003 28 , 2006 29 , 2009 30 ; Keane Biological <strong>Consulting</strong> 2002 31 ; Ogden<br />
<strong>Environmental</strong> 1998 32 ; Zander Associates 2010 33 ). There are clearly specific ecological aspects of the<br />
SFVS life history, ecology, and population dynamics that constrain it to a very specific and limited habitat<br />
type, and thus do not make it typical of other annual plant species.<br />
The proposed preserve system seems to be based largely on unspecified “expert opinion” (Project applicants<br />
response to DMEC comments on the SCP, page RTC-053-65) in the absence of ecological knowledge.<br />
The “expert opinion” is asserted by the project applicant, but not documented. DMEC argues that there is<br />
no relevant “expert opinion” available with which to design a viable conservation plan for the SFVS,<br />
because the information needed to render such an opinion does not exist.<br />
26 ARCADIS. 2010. The Termo Company Significant Ecological Areas Biological Constraints Analysis: Termo Well Pads<br />
Aliso Canyon and Oat Mountain Oil Fields, Santa Susana Mountains, <strong>California</strong>. Santa Maria, <strong>California</strong>.<br />
27 Bonterra <strong>Consulting</strong>. 2009. Special Status <strong>Plant</strong> Survey for the Buck Gully Project Site, Corona del Mar, City of Newport<br />
Beach, Orange County, <strong>California</strong>. Pasadena, <strong>California</strong>.<br />
28 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong> (DMEC). 2003. Newhall County Water District Vasquez Water Main Project:<br />
Draft <strong>Environmental</strong> Impact Report (State Clearinghouse No. 2002121116). 7 November 2003. (PN 01-0112). Ojai,<br />
<strong>California</strong>. Prepared for Newhall County Water District, Santa Clarita, <strong>California</strong>.<br />
29 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong> (DMEC). 2006. Biota of Lyons Canyon Ranch, Newhall, <strong>California</strong>. 29 June<br />
2006. (PN 03-0213.) Ojai, <strong>California</strong>. Prepared for the County of Los Angeles, Los Angeles, <strong>California</strong>, on behalf of D.R.<br />
Horton, Woodland Hills, <strong>California</strong>.<br />
30 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong> (DMEC). 2009. Biological Constraints Analysis for the Howell Property, Castaic,<br />
<strong>California</strong>. 21 October 2009. (PN 09-0141.) Ojai, <strong>California</strong>. Prepared for the County of Los Angeles, Los Angeles,<br />
<strong>California</strong>, on behalf of Norman and Patricia Howell, Castaic, <strong>California</strong>.<br />
31 Keane Biological <strong>Consulting</strong>. 2002. Sloan Canyon School Biological Survey. Prepared for Castaic Union School District.<br />
http://www.keanebio.com/projects.html<br />
32 Ogden <strong>Environmental</strong> and Energy Services Co., Inc. 1998. Biological Conditions Report, Santa Susana Field Laboratory,<br />
Ventura County, <strong>California</strong>.<br />
33 Zander Associates <strong>Environmental</strong> Consultants. 2010. Chatsworth Reservoir Wetlands and Riparian Mitigation Program.<br />
(States that no SFVS were seen during Summer 2005, April 2006, or Summer 2010 plant surveys)
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Climate Data Required to Understand <strong>Plant</strong> Ecology<br />
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Pages 4.5-51 and 4.5-1,734 of the RMDP-SCP DEIS/EIR states that climate data for Newhall Ranch were<br />
obtained from Western Regional Climate Center in 2008. An examination of the weather station site,<br />
located in the Santa Clara River Valley east of Piru, in western Los Angeles County, is at an elevation of<br />
730 feet above sea level. The information on the weather station indicates that no temperature data are<br />
available from this station.<br />
Climate has a tremendous influence on annual plant populations (Levine et al. 2008 34 ). Freas & Kemp<br />
(1983 35 ) found that annual species growing under climatic conditions similar to the SFVS have genetic<br />
coding that tells the seeds when it is appropriate and “safe” to germinate to maximize the probability of<br />
completing its life cycle. It is clear by the population dynamics shown by the data presented in the DEIR for<br />
the SFVS that it has such genetic coding to determine the best times to germinate and be successful in<br />
reproducing.<br />
In order for ecologists to understand habitat requirements of the SFVS, demographic monitoring and<br />
population models are needed to examine how seed banking responds to natural variation in precipitation<br />
and their competitive environment. Temperature data are also a critical part of any climatic assessment and<br />
understanding of the germination and growth requirements of annual species (Levine et al. 2008) like the<br />
SFVS. As Levine et al. (2008) remind us, many annual native to <strong>California</strong> require first major rainstorms of<br />
1 inch or more to stimulate germination to occur early in the wet season. It is critical that both temperature<br />
and precipitation are critical physical components that must be included in any study of plant ecology,<br />
particularly of annual species, to gain an accurate understanding of a plant’s ecology.<br />
The studies of the SFVS occurrences on Newhall Ranch lacked both accurate rainfall data (measured at or<br />
near the sites) and (any) temperature data. This is probably the primary reason that those that were<br />
studying the SFVS at Newhall Ranch could never understand the reasons for the population dynamics they<br />
observed.<br />
Levine et al. (2008) conclude that, “changes in the timing and temperatures associated with the first major<br />
rains may have much stronger effects on population persistence than changes in total annual rainfall. Even if<br />
season-long precipitation remains unchanged, warmer first rains will likely mean lower germination, and<br />
lower population growth rates for all three Santa Rosa Island annuals. Our work adds to a growing body of<br />
work (Visser & Both 2005) suggesting that alteration of environmental cues may strongly determine how<br />
climate change affects plant communities.” They are saying that changes in climate will affect rare annual<br />
plants like the SFVS, which can be inferred through changes in the microclimate resulting from global<br />
warming to adjacent development. Numerous studies (e.g. Aida & Gotoh 1982 36 , Kalma 1974 37 ,<br />
Landsberg 1981 38 , Oke 1976 39 , Oke 1981 40 , Oke 1998 41 , Oke & Fuggle 1972 42 , Santamouris et al. 2001 43 ,<br />
34 Levine, J.M., A.K. McEachern, and C. Cowan. 2008. Rainfall Effects on Rare Annual <strong>Plant</strong>s. Journal of Ecology 96:795-<br />
806. http://www.lifesci.ucsb.edu/eemb/faculty/levine/publications/JofEcol96p795.pdf<br />
35 Freas, K.E., and Paul R. Kemp. 1983. Some Relationships Between <strong>Environmental</strong> Reliability and Seed Dormancy in<br />
Desert Annual <strong>Plant</strong>s. Journal of Ecology 71:211-217.<br />
36 Aida, M., and Gotoh, K. 1982. Urban Albedo as a Function of the Urban Structure – a Two-dimensional Numerical<br />
Simulation. Boundary Layer Meteorology 23:415-424. Boundary Layer Meteorology 2: 290-308. Buildings. Solar<br />
Energy 70(3): 201-216.<br />
37 Kalma, J.D. 1974. An Advective Boundary-layer Model Applied to Sydney, Australia. Boundary-Layer Meteorology<br />
6:351-361.<br />
38 Landsberg, H.E. 1981. The Urban Climate. Academic Press, New York.<br />
39 Oke, T.R. 1976. The Distinction Between Canopy and Boundary-layer Urban Heat Islands. Atmosphere 14:268-277.
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Swaid 1991 44 , and Panthi 2010 45 ) have shown that climate changes dramatically, in particular temperature,<br />
when a natural area is developed.<br />
In conclusion, it is clear that the SFVS is highly restricted in its range, only occupying about 30 acres<br />
throughout its known range. Numerous surveys have occurred in the SFVS distribution range without<br />
finding historic or new populations. Those that have studied the SFVS do NOT understand why it occurs<br />
where it does, and they do not understand what the environmental triggers are for germination. Since they<br />
do not understand the ecology of the plant, it is not logical or reasonable to conclude that they know what is<br />
necessary to conserve the plant. It is both illogical and unscientific for them to conclude that reducing the<br />
known population by 30% and surrounding five of the biggest portions of the Newhall Ranch population by<br />
urban development will not put this taxon at jeopardy of extinction.<br />
SCP Goals and Objectives<br />
SCP, starting on page 8, states:<br />
“The goal of this plan is to ensure the long-term persistence of spineflower within the project study<br />
area. As proposed by the applicant in this plan, the long-term conservation of spineflower will be<br />
achieved first by establishing a system of preserves to protect the core occurrences of spineflower<br />
in the project study area, and second, by implementing management and monitoring within an<br />
adaptive management framework to maintain or enhance the protected spineflower occurrences”.<br />
The SCP goes on to list specific goals, each supported by two or more objectives, which are listed below.<br />
“Goal 1: Maintain or increase San Fernando Valley Spineflower populations within the preserves”, which is<br />
supported by several objectives:<br />
�� “Objective 1.1 - Maintain or increase the distribution of the spineflower within each preserve<br />
�� Objective 1.2 – Maintain or increase the abundance of the spineflower within each preserve<br />
�� Objective 1.3 – Reduce or prevent the increase of identified stressors or anthropogenic factors that<br />
negatively impact spineflower individual and population performance<br />
�� Objective 1.4 – Increase understanding of the ecological factors influencing the distribution,<br />
abundance, and population persistence of the spineflower in order to inform management and<br />
monitoring within the preserves<br />
�� Objective 1.5 - Plan and conduct small scale experimental management trials to test the effects of<br />
proposed on-the-ground management treatments and evaluate effectiveness and spineflower’s<br />
response”<br />
40<br />
Oke, T.R. 1981. Canyon Geometry and the Nocturnal Urban Heat Island: Comparison of Scale Model and Field<br />
Observations. Journal of Climatology 1(3):237-254.<br />
41<br />
Oke, T.R. 1998. On the Confounding Role of Rural Wetness in Assessing Urban Effects on Climate. Second Urban<br />
Environment Symposium, Albuquerque, New Mexico, Americam Meteorological Society.<br />
42<br />
Oke, T.R., and R.F. Fuggle. 1972. Comparison of Urban/Rural Counter and Net Radiation at Night. Boundary-Layer<br />
Meteorology 2 (1972) 290-308.<br />
43<br />
Santamouris, M., N. Papanikolaou, I. Livada, I. Koronakis, C. Georgakis, A. Argiriou, and D.N. Assimakopolous. 2001. On<br />
the Impact of Urban Climate on the Energy Consumption of Urban Climate on the Energy Consumption of Buildings.<br />
Solar Energy 70(3), 201-216.<br />
44<br />
Swaid, H. 1991. Nocturnal Variations of Air-surface Temperature Gradients for Typical Urban and Rural Surfaces.<br />
Atmospheric Environment 25B(3):331-341.<br />
45<br />
Panthi, Jeeban. 2010. Urban Micro Climate and its Effect on Environment. Blog at<br />
http://jeebanpanthi.wordpress.com/2010/05/03/urban-micro-climate-and-its-effect-on-environment/
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“Goal 2: Maintain or enhance the structure and native species composition of the native communities within<br />
the spineflower preserves”. Goal 2 is supported by four objectives, one of which is subdivided into two<br />
sub-objectives:<br />
�� “Objective 2.1 - Maintain a mosaic of naturally occurring native communities within the preserves.<br />
Under this objective, management would be implemented if a 25% or greater change is observed in the<br />
absolute cover of existing native plant communities within each preserve, as measured through a<br />
combination of remote sensing and aerial mapping at 10-year intervals<br />
�� Objective 2.1(a) – Restore damaged habitats potentially capable of supporting spineflower, within the<br />
preserves<br />
�� Objective 2.1(b) – Revegetate areas within preserves that have been damaged and do not support native<br />
habitats but are unlikely to support spineflower in the future<br />
�� Objective 2.2 – Maintain or increase the absolute cover of native plant species by 15% within each<br />
preserve every 10 years<br />
�� Objective 2.3 – Maintain or increase the diversity of native plant species within each preserve by at least<br />
15%, as measured within each preserve every 10 years<br />
�� Objective 2.4 – Increase understanding of the ecology of the native communities needed to inform<br />
management of the preserves by undertaking the studies specified as part of the adaptive management<br />
program”<br />
“Goal 3: Facilitate the natural ecological processes required to sustain the native populations and<br />
communities in the preserves” is supported by two objectives:<br />
�� “Objective 3.1 – Maintain or enhance opportunities for migration of plant and animal<br />
populations, including spineflower, between potentially isolated preserves<br />
�� Objective 3.2 – Maintain the hydrologic conditions within the preserves”<br />
DMEC believes that these goals have not been achieved under the current proposed preserve design. In<br />
order for the SFVS to be actually protected and preserved, much less mitigate for the proposed impacts to<br />
the species under any of the project development alternatives, except maybe the No Project alternative, the<br />
SCP must truly preserve the SFVS onsite, in perpetuity. It does not.<br />
The shortcoming of the SCP are described below.<br />
SFVS Knowledge Lacking<br />
The SCP acknowledges that there is fundamentally no baseline understanding of the processes governing<br />
the distribution and abundance of the SFVS. The SCP states regarding historical knowledge of processes<br />
determining spineflower abundance: “Historical records do not include information regarding the abundance<br />
of SFVS (page 14)”. Preliminary hypotheses about the processes determining SFVS distribution and<br />
abundance are based on population survey data collected from Ahmanson Ranch and the proposed project<br />
areas at Newhall (Table 2, page 14).<br />
The SCP was developed and assessed in the project EIS/EIR. The SCP presents several biological<br />
objectives for the conservation of the SFVS as described above. Among them is, as presented on page 8 of<br />
the SCP, “Objective 1.4: Increase understanding of the ecological factors influencing the distribution,<br />
abundance, and population persistence of the spineflower in order to inform management and monitoring<br />
within the preserves”. This objective should rather be to “Increase understanding of the ecological factors
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influencing the distribution, abundance, and population persistence of the spineflower in order to inform<br />
management and monitoring of the species”, and it should be the first objective of the SCP.<br />
Understanding the ecology of the SFVS is vital to designing a viable preserve system. Little is known that<br />
is specific to the SFVS, much of the analysis dealing with the SFVS’s phenology have been inferred based<br />
on work done with species that may have similar life histories. Therefore, many of the conclusions in the<br />
EIS/EIR, SPC, and supporting reports are based on many assumptions. While these assumptions are very<br />
helpful in creating guidelines (or strategy), they cannot be relied upon until actual scientific studies have<br />
proven them accurate. For instance, the Adaptive Management Section of the SCP relies heavily on<br />
relocation/translocation if there is a drop in the population of the SFVS. However, there was no mention if<br />
any relocation/ translocation studies have were proven successful.<br />
The following sections describe the known ecology of the SFVS, based on prior investigations. DMEC will<br />
expose gaps in knowledge, where the SCP frequently defers to future studies. In order to set viable<br />
mitigation standards and meet the goal of ensuring the long-term persistence of spineflower, additional<br />
studies are necessary to obtain baseline knowledge of SFVS ecology and habitat predictors. The additional<br />
investigations should take place before preserve areas and mitigation standards are designated.<br />
Population Dynamics<br />
Understanding the population trends of the species and the role and extent of the seed bank across its<br />
overall range across the Newhall property should be a fundamental goal of any plan for the species<br />
conservation. The extreme population fluctuations of SFVS (e.g. fluctuating from 6.4 million individuals in<br />
2005 to 760 individuals in 2007, Table 2 on page 14 of the SCP) indicates a population dynamic that<br />
potentially exposes the species to high extinction risk if any catastrophic event strikes the population in a<br />
low population year and the seed bank is not adequately protected. This scenario is especially true when the<br />
SFVS is confined to an isolated system of preserves and the seed bank of the species outside of these<br />
preserves is destroyed, as is the scenario proposed in the SCP.<br />
Without understanding the population dynamics of the SFVS, the authors of the SCP cannot be certain that<br />
not only will the SFVS endure within the confounds of the preserves, but their population can increase. We<br />
feel without this knowledge, the SCP does not meet the objectives as listed above and described in the SCP.<br />
Seedbanks and Genetics<br />
As previously discussed, extreme population fluctuations in the SFVS were witnessed on the Ahmanson<br />
and Newhall properties. Germination of the SFVS seedbank typically occurs after late-fall and winter rains<br />
which results in winter and spring blooms, as in many other annual plant species. Seedbank and genetic<br />
information in the SCP is based on the Slender-horned Spineflower, a close relative of the SFVS. Research<br />
suggests that in situ, seedbanks are critical to maintaining genetic diversity among isolated populations and<br />
that population variations could indicate that seed banks make important contributions to the genetics and<br />
population biology (as suggested by Ferguson and Ellstrand (1999) for the Slender-horned Spineflower)<br />
(SCP, page 4.10-27).<br />
While these finding are helpful in considering the role seedbanks may play, no comparable research has been<br />
done for the SFVS. More investigations into the role that seedbanks play in the SFVS’s genetics and<br />
population dynamics is essential before 6.32 acres (31 %) of mapped SFVS occurrences on the Newhall<br />
property are destroyed to accommodate the proposed urban development.
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The SCP authors also suggest that a genetic study be done as future research to investigate the genetic<br />
structure of the SFVS occurrence in the study area and the viability of seeds produced from selffertilization.<br />
They claim that this genetic study will be “conducted in the near-term within a 1-year time<br />
frame or in the first year where there are sufficient aboveground populations to undertake the study”<br />
(Adaptive Management Program Module, page D-27).<br />
The SCP does not provide sufficient management strategies to mitigate for possible loss of genetic diversity<br />
in the SFVS population. In the Adaptive Management Program Module section on the Loss of Genetic<br />
Diversity and subsequent management proposed to offset. The one strategy given is to maintain or enhance<br />
conditions for pollinators, seed dispersal and/or migration. Since they don’t understand the mechanisms by<br />
which the SFVS germinates and is dispersed, they cannot assume that they can maintain or enhance these<br />
conditions. Furthermore, the preserves are so isolated from each other, dispersal and migration are not<br />
likely possible between the remaining populations.<br />
One of the goals set forth in Objective 1.2 is to “maintain conditions conducive to persistence of a viable<br />
seed bank, in order to increase abundance and enhance long term population persistence” (SCP, page 1.2-<br />
11). There is not enough information given in the SCP to make this objective achievable.<br />
Preserve Design, Management Activities,<br />
and Monitoring Activities<br />
As previously discussed, the SCP identifies five proposed preserve areas to be established on Newhall<br />
Ranch (of Newhall Land Properties). The five preserves proposed in the SCP would conserve<br />
approximately 68.6% of the cumulative SFVS occupied area within the study area.<br />
The establishment of the proposed preserves and related management and monitoring activities in the SCP<br />
are designed as mitigation for the “take” or loss of 31% of the total SFVS occurrences on the Newhall Land<br />
properties. The entire Valencia Commerce Center (VCC) population will be taken under the current plan.<br />
The SCP states in Section 17.0 Conservation and Take Estimates, Page144:<br />
“At VCC, neither avoidance nor minimization is practicable in order to maintain the integrity of the<br />
approved development plan. The VCC project was approved for development in 1990, half of which<br />
has been built. Spineflower observed in the VCC planning area accounted for approximately 4% of<br />
all 2002 through 2007 cumulative spineflower occurrence area.”<br />
The following subsections are critiques of the SCP preserve design, management, and monitoring activities.<br />
PRESERVE DESIGN<br />
Initially Dudek performed the Habitat Stability Index (HSI) in order to identify if habitat features are<br />
predictors of SFVS occurrences. The six habitat features were used to compute the HIS were vegetation,<br />
soils, geology, elevation, slope, and aspect. The results of the HSI were unsatisfactory due to either too<br />
course of data or that habitat features were not good predictors of occurrences. The SCP states, “It is<br />
possible that further studies at a finer scale may better refine the various habitat parameters differentiating<br />
occupied SFVS habitat from unoccupied areas” (SCP, page 7.1-62).<br />
Since the HSI proved unsatisfactory, Dudek next used a representative model to evaluate the percentage<br />
contain suitable habitat within the five preserves by comparing distribution of SFVS to the six habitat<br />
features given above. However, this implies that the five preserve locations and sizes had already chosen<br />
before the representative model was used. The locations of the preserves might have been the best fit for
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the residential developments; however, they are NOT the best fit for the long-term survival of the SFVS on<br />
Newhall Ranch. The preserves need to be significantly larger and directly connected to each other to<br />
minimize the negative influence of outside factors and variables.<br />
BUFFER AREAS<br />
Buffer area width can be a very complicated subject. There are many variables that all need to be fully<br />
addressed and understood before a specific number on what a buffer area should be can be<br />
applied/determined. These variables include: habitat type, pollinators, plant phenology, seed bank viability,<br />
edge effects, disturbance factors, drainage, prevailing winds, watershed (local), etc.<br />
The proposed spineflower preserves described in the Spineflower Conservation Plan (SCP) would protect<br />
68.6 % (13.88 acres) occupied spineflower habitat onsite. Buffer areas would be included within the<br />
preserves that would serve as protection against threats associated with edge effects from the adjacent<br />
urban development. Buffer widths where measured from the edge of the known spineflower occurrences to<br />
the nearest spineflower preserve boundary as described in the SCP.<br />
As seen below in Table 5, taken from the Applicant Take Permit Letter 46 page 12, the proposed SFVS<br />
preserves would include buffer widths ranging from a minimum of 80 feet to more than 300 feet.<br />
The letter states on page 12, “Within the SCP planning area, the vast majority (95.9%) of the preserved<br />
occupied area would be buffered by at least 100 feet, while 18.9% would be more than 300 feet from the<br />
nearest spineflower preserve edge”. While this statement is a correct calculation, it should not be implied<br />
that the 95.9% of area buffered by at least 100 feet is acceptable for protecting the state listed plant. Based<br />
additional literature reviewed, much having to do with risk of Argentine Ant in preserve areas, we believe<br />
that buffers of 80-200 feet are inadequate to provide protection within the preserve.<br />
The SPC states in Section 7.3 Accommodating Population Fluctuation with Preserve Areas on page 67: “In<br />
order to minimize edge effects and certain indirect impacts from development areas, a buffer zone has been<br />
incorporated within each preserve area.”<br />
There is only a brief discussion in the SCP on how they determined appropriate buffer size. The buffer<br />
areas for the SCP are based on the analysis set forth in the “Review of Potential Edge Effects on the San<br />
46 APPLICATION FOR INCIDENTAL TAKE PERMIT (pursuant to 14 CCR Section 783.2 and <strong>California</strong> Public Resources<br />
Code, Section 2081) Dated: May 9, 2008, page 12.
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Fernando Valley Spineflower”, prepared by Conservation Biology Institute (CBI 2000 47 ), prepared for<br />
Ahmanson Ranch, and other sources of scientific information and analysis. Since the buffers are based on<br />
this reports findings, the SPC needs to be included in the Newhall EIS/EIR so that it can be reviewed and<br />
commented on accordingly. The CBI report is listed in the literature-cited section of the 2007 SCP, but not<br />
included in the appendices. This needs to be rectified since it is such an important component and aspect of<br />
the SFVS preserve design.<br />
The majority of the buffer areas given for the proposed preserve areas are of 80-200 feet or more to<br />
separate the SFVS occurrences from adjacent development. The only mention of where the 80-200 feet<br />
buffer widths came from was in regards the CBI study. As stated in the Project Design Features Section of<br />
Dukes 2007 report, Relationship of Argentine Ant to Conserved San Fernando Valley Spineflower<br />
Populations (SCP, C-8):<br />
“to minimize initial establishment of Argentine ants adjacent to preserves, container plants to be<br />
installed within 200 feet of the preserves shall be inspected for pests, including the Argentine ant,<br />
and any plants found to be infested shall be rejected. The CBI (2000) study suggests that this<br />
measure will be moderately effective for buffer widths of 80 to 100 feet and highly effective at<br />
buffers greater than 200 feet.”<br />
Since the CBI study is not available, we cannot determine what other factors were considered when<br />
justifying suitable buffer widths, beside that of the Argentine Ant.<br />
The following subsection on Argentine Ants will address in further detail why a minimum buffer area of 80-<br />
200 feet as suggested in the SCP, is inadequate to protect the preserves from threats and allow for<br />
sustainability of the spineflower population.<br />
INSUFFICIENT BUFFER TO EXCLUDE ARGENTINE ANT<br />
The presence of the Argentine Ant is not a matter of if they invade, its when they will invade, if insufficient<br />
natural, undisturbed habitat does not separate the preserves from urban environments. The SCP even<br />
states, “it is assumed that they will occur within development areas and Open Areas adjacent to the<br />
preserves in the future” (SCP, page 9.2.9-117).<br />
DMEC believes that the 80-200 feet buffer areas applied around 46.7 % the SFVS preserves is<br />
insufficient. The Suarez et al. (1998 48 ) states that a 200 m (656 ft) buffer is appropriate for preserve<br />
areas in Southern <strong>California</strong> that are adjacent to urban development. While they do cite this article in<br />
regards to other issues, there is no mention of this suggested buffer anywhere in the Dudek (2007 49 )<br />
report.<br />
Please note these quotes from the Suarez et al. 1998 article, Effects of Fragmentation and Invasion on<br />
<strong>Native</strong> Ant Communities in Coastal Southern <strong>California</strong>:<br />
“The Argentine ant can spread into an area immediately after isolation from surrounding urban edges<br />
where they are most abundant. The association between Argentine ant activity and distance to the<br />
47<br />
CBI (Conservation Biology Institute). 2000. Review of Potential Edge Effects on the San Fernando Valley Spineflower<br />
(Chorizanthe parryi var. fernandina). 19 January 2000. Escondido, CA.<br />
48<br />
Suarez, A.V., D.T. Bolger, T.J. Case. 1998. Effects of Fragmentation and Invasion on <strong>Native</strong> Ant Communities in Coastal<br />
Southern <strong>California</strong>. Ecology 79(6):2041-2056.<br />
49<br />
Dudek and Associates, Inc. 2007. Relationship of Argentine Ant to Conserved San Fernando Valley Spineflower<br />
Populations. December. <strong>California</strong>. Prepared for the Newhall Land and Farming Company, Valencia, <strong>California</strong>.
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nearest urban edge suggests that urban reserves in coastal southern <strong>California</strong> will only be effective at<br />
maintaining natural populations of native ants at distances 200 m from an edge.”<br />
“At the urban–scrub interface, Argentine ants decrease sharply in abundance with increasing distance<br />
away from edges such that by 200m few remain.”<br />
The SCP states, “In addition, the spineflower preserves are about 25 to 30 miles from the coast and<br />
experience hotter and drier summers than the coastal areas of San Diego (i.e. within 10 to 11 miles of the<br />
coast) where Suarez et al. (1998) observed ants in all sampled areas. It is possible that the spineflower<br />
preserves in the more inland area of Santa Clarita (where the Newhall Ranch spineflower preserve areas are<br />
located) would be less susceptible to Argentine ant invasion—all else being equal—than native habitats in<br />
coastal San Diego County, although this hypothesis would need to be tested (Dudek 2007, page 7)”. We<br />
assume this is their justification of why the buffer size in the Santa Clarita (frequently 80-200 ft) should be<br />
less than the buffer size recommended for the preserve in San Diego (>200 m or 656 ft) (as suggested by<br />
Suarez et al. 1998).<br />
Additional research was done on Argentine Ants in fragmented communities in San Diego County in a<br />
2003 report by Suarez & Case 50 . The report primarily looked to see if exotic vegetation was a<br />
contributing factor of spread of the Argentine ant into natural vegetation areas. The report states, “…in<br />
Rice Canyon (Fig. 9.4) the vegetation in the east end is predominately native, implying that the spread of<br />
Argentine ants into the habitat fragment and the subsequent loss of native species is not dependent on<br />
exotic vegetation. This is also supported at the University of <strong>California</strong>’s Elliot Reserve and Torrey Pines<br />
State Park where Argentine ants have penetrated over 400 and 1000 m, respectively, into the reserves in<br />
areas dominated by native scrub vegetation (Suarez et al. 1998; J. King, unpubl.). This also highlights<br />
that the degree to which Argentine ants can penetrate into natural habitat varies depending upon the<br />
topography and abiotic conditions of the landscape. For example, in more xeric sites in Riverside<br />
County, <strong>California</strong>, Argentine ants appear only able to penetrate up to 50 m into native vegetation from<br />
neighboring urban developments (Suarez and Case, unpubl.)”.<br />
DMEC believes that Newhall Ranch falls somewhere between the coastal environments represented in the<br />
San Diego research and the xeric environments of Riverside County. Even if we were to use the Riverside<br />
County example, it still states that the Argentine Ants is able to penetrate up to 50 meters (164 feet), the<br />
proposed preserve areas don’t prove sufficient buffers.<br />
It is well documented that the invasion of the Argentine Ant is directly tied to urban development and<br />
associated irrigation (Dudek 2007). The SCP states that by maintaining a “dry zone” of 200 feet between<br />
the urban development and the preserve, the Argentine Ant will not be able to colonize. Within the “dry<br />
zone”, soil moistures are maintained below 10% saturation. While they do attempt to combat the issue of<br />
the dispersal of Argentine Ant, it is still an inadequate buffer to protect against invasion.<br />
Connectivity Between Preserves<br />
Due to the size and shape of the SFVS core habitats in the proposed SFVS preserves, as well as the isolated<br />
patch locations, in order for the preserves to remain viable and sustainable populations it is extremely<br />
50 Suarez, A.V. and T.J. Case. 2003. The ecological consequences of a fragmentation mediated invasion: The Argentine Ant,<br />
Linepithema humile, in southern <strong>California</strong>. Pages 161-180 in G.A. Bradshaw and P. Marquet (eds.) How landscapes<br />
change: Human disturbance and ecosystem disruptions in the Americas. Ecological Studies, vol. 162. Springer Verlag,<br />
Berlin.
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important they allow for connections to other habitat patches. To see connectivity feature as described in<br />
detail below, please refer to part of Figure 13 Proposed Open Space taken SCP, page 73. The five preserve<br />
areas area outlined in purple.<br />
The Potrero and Grapevine Mesa Preserve Areas are both connected to the Santa Clara River corridor<br />
through lands designated as open areas. The Airport Mesa Preserve Area connects to open area via a<br />
wildlife-movement arched culvert. The SCP clearly states, “There is no direct connectivity linking the San<br />
Martinez Grande Preserve Area to natural habitat areas. A 50- to 100-foot-wide band of proposed<br />
development along San Martinez Grande Road separates the San Martinez Grande Preserve Area from a<br />
narrow open area located east of the road along the stream corridor. It is not known whether pollinators or<br />
dispersal agents would be able to cross developed lands to reach this preserve area” (SPC, page 7.1-71).<br />
The Entrada Preserve Area does have a utility easement connecting it to the Santa Clara River corridor, but<br />
the report fails to say how long this corridor is and whether it would actually function as a viable connection<br />
pathway between SFVS preserve sites. All it describes is that the corridor is 175-feet in width. From hand<br />
measurement of the Figure 13 on page 72 of the SCP, this “corridor” is approximately 5,000 feet<br />
(approximately 1 mile) to open space not on Newhall property and an additional 7,500 feet (1.4 miles) to<br />
the man-made open space on Newhall property and then continuing down the utility easement corridor<br />
another approximate 12,500 feet (2.4 miles) to the Santa Clara River corridor. This is a total of 4.8 miles to<br />
the Santa Clara River corridor.<br />
The preserve areas fail to provide means of migration for not only the SFVS, but also other plant and animal<br />
populations. Only the Potrero and Grapevine Mesa preserves can be directly connected, but only through a<br />
long distance (approximately 13,750 feet or 2.6 miles) of open space. The other three preserves (San
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Martinez, Airport, and Entrada) can only be connected through long and narrow utility easement corridors<br />
or wildlife movement corridors associated with heavily trafficked streets, and the connecting habitat is likely<br />
not suitable for SFVS, making dispersal problematic. Therefore, Objective 3.1 will not be achieved. This<br />
may result in localized extinctions and a decrease is genetic exchange for all isolated populations.<br />
The SCP fails to address the distance between each preserve by merely stating what connectivity features<br />
are present (if any). From what can be easily observed from looking at Figure 13 (page 72) is that there are<br />
expansive distances between each of the preserves. If SFVS pollinators and seed dispersal agents cannot<br />
easily travel between preserves, the preserve design fails to allow for genetic exchange.<br />
Much of the land use areas adjacent to the preserves are referred to as “open space” but no specific<br />
information is given. The SCP report states that, “open areas may include undeveloped land, passive and<br />
active use parks, and trails. Development plans are not currently available for open areas, and, therefore,<br />
open area land uses adjacent to the proposed spineflower preserves are not known at this time” (SPC, page<br />
7.1-71). This is not sufficient. Land use activities adjacent to preserve will have direct influence on quality<br />
and/or long-term viability of the natural vegetation and the amount wildlife that will frequent the preserves.<br />
Management and Monitoring Activities<br />
The proposed management plan described in the SCP was intended to permanently protect and manage a<br />
system of preserves designed to maximize the long-term persistence of the SFVS within the project study<br />
area. Since so little is known about the ecology and habitat predictors of the SFSV, the management of the<br />
proposed preserves relies on consistent monitoring and future studies. The close proximity (80 feet at the<br />
closest point) of the preserves to urban development will result in numerous risk factors that need to be<br />
constantly monitored so not to impact SFVS populations.<br />
Preserve Manager<br />
The duties of the proposed preserve manager are outlined in Section 9 on page 76 of the SCP, stating, “A<br />
preserve manager will be contracted with and paid for by Newhall to perform environmental monitoring,<br />
oversee the spineflower preserve areas, and ensure the monitoring and management activities outlined<br />
herein are carried out”.<br />
Given the large amount of work that will go into maintaining the preserves and the vast amount of scientific<br />
monitoring that the SCP will entail, it seems quite unrealistic that one person could accomplish both the<br />
managerial and scientific duties necessary for adequate SFVS conservation. We recommend that minimally<br />
there be separate preserve management and scientific monitor-investigator positions be created as part of<br />
any conservation agreement reached between CDFG and Newhall.<br />
Landscaping Adjacent to Preserves<br />
In the Construction Plans and Specifications, Section 9.1.2 of the SCP, there is a list of<br />
measures/restrictions in order to avoid impacting SFVS during construction. One such restriction is,<br />
“Avoid planting or seeding invasive species in development areas within 200 feet of spineflower preserve<br />
areas” (SCP, page 9.1.2-110). It is incorrect to assume that the Preserve Manager can correctly manage the<br />
distribution of competing plant species in the preserves and still allow “invasive species” to be located only
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200 feet from SFVS preserves. This restriction should have been stated as “avoid planting or seeding all<br />
invasive species within the development area and preserve areas”.<br />
As described in Section 9.2.3, the use of container plants within public areas within 200 feet of the SFVS<br />
preserves seems a meager means of protection from threats to the preserve; disease, weeds, and pests,<br />
including Argentine Ant. Inspection of all of these container plants by the Preserve Manager is simply<br />
impracticable. Much of the property adjacent to the preserves will be residential. Even with landscaping<br />
restrictions (no plants on the Cal-IPC list and their Invasive Ornamental <strong>Plant</strong>s list), it is not feasible for the<br />
Preserve Manager to have to deal with landscaping associated with the homes. To do this, the Preserve<br />
Manager would also have to be responsible for inspecting the backyards of the adjacent residences. This<br />
seems like an outlandish statement; however, it is not feasible to have such tasks given to the Preserve<br />
Manager, especially when the report states “it is assumed that they (Argentine ants) will occur within<br />
development areas and Open Areas adjacent to the preserves in the future” (SCP, page 9.2.9-117).<br />
Access<br />
As described in Section 9.2.4, all portions of the SFVS preserves shall be closed, with the exception of preidentified<br />
existing dirt roads and utility easements. However, next it explains that “paths proposed for use<br />
as nature trails shall have openings in the fencing at identified trailhead locations wide enough only for trail<br />
users to pass through” (page 82). This is a direct contradiction to the previous statement. The only other<br />
mention of trails is Section 9.3.3 Management of Grapevine Mesa Preserve area (page 25), where it says the<br />
existing dirt roadways m ay be incorporated into a pedestrian-only walking trail system with appropriate<br />
signage. The trail system will have to be reviewed by CDFG. CDFG needs to have more involvement then<br />
just reviewing of the plan. CDFG needs to have override authority for the review to have any meaning.<br />
Trails through preserve areas can lead to soil compaction and possible tramping, not to mention other direct<br />
impacts to SFVS plants such as removal and destruction. The extent to which such soil disturbances affect<br />
the SFVS is still unknown. Therefore, in order to maintain the protection of the SFVS, no trails should<br />
cross the preserves.<br />
Management for Argentine Ant<br />
Section 9.2.9 on page 117 of the SCP states:<br />
“The goal of management is to preclude the invasion of Argentine ants into the preserves and their<br />
associated buffers. Controls will be implemented using an Integrated Pest Management (IPM)<br />
approach and will likely require a combination of methods. The primary management strategy<br />
focuses on prevention by maintaining an inhospitable habitat condition in the buffer between the<br />
development edge and the preserve.”<br />
As mentioned above, the CBI study suggested the 80-100 feet buffer would be moderately effective as a<br />
buffer width to protect the preserve from Argentine ants. Moderately effective is not good enough to meet<br />
the goal that will “preclude the invasion of the Argentine ant”. This is especially true since 46.72% of the<br />
SFVS occupied preserve areas would be buffered by a minimum of 200 feet (4.13% 80-100 feet and<br />
42.59% 100-200 feet), as shown in Table 5 earlier in the letter.<br />
Since the 200-foot “dry zone” will be located next to or within urban landscaping, the SCP will require<br />
container plants to be installed within 200 feet of the preserves. The container plants will purportedly be<br />
inspected by the Preserve Manager for pests and disease, which assumes that they can actually detect and
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identify all the pests and diseases. The SCP once again cites the CBI (2000) study that “suggests that this<br />
measure will be moderately effective for buffer widths of 80 to 100 feet and highly effective at buffers<br />
greater than 200 feet (Dudek 2007). Again, the CBI study is not included in the Appendices of the SCP<br />
and we are unable to distinguish what these assumptions were based on.<br />
Monitoring for the Argentine Ant would be performed quarterly. As discussed later in the Qualitative<br />
Monitoring of Preserve Areas, this allows for too great of a time gap to adequately detect Argentine Ant<br />
colonies in time. The report justifies this time gap based on the Suarez et al. (2001) study, in which it was<br />
shown that populations of Argentine Ant disperse at a rate of about 15 to 270 meters per year and that<br />
“quarterly monitoring for Argentine Ant should be adequate to detect incipient invasions” (Dudek 2007,<br />
page 10). If you do the math, this is around 50-885 feet in one year, even if monitored quarterly, Argentine<br />
Ant could reach the preserve areas with a buffer area of 80-200 feet in one quarter.<br />
The report claims that the “invasions by Argentine ants, if they occur, are reversible under appropriate<br />
conditions” (Dudek 2007, page 10). There have been no studies reporting successful long-term eradicated<br />
the Argentine Ant. While restoring the level of soil saturation back to 10% might decrease the abundance<br />
of the Argentine Ant, as demonstrated in the Menke and Holway (2006) report, it will not result in full<br />
eradication. Additionally, there is no consideration that climatic conditions are highly variable and changing,<br />
and the “perfect storm” situation will happen at some time in the foreseeable future. In this case, that would<br />
be a situation where a high rainfall season, with rainfall late into the spring, occurs at the same time as<br />
Argentine Ant colonies are introduced at multiple points from irrigated landscaped areas adjacent to one or<br />
more preserves.<br />
Restoration Activities within Preserve Areas<br />
The SCP puts a lot of emphasis on further analysis that will be included in the Habitat Characterization<br />
Study Further (described in Appendix A of the SCP) that will better characterize the SFVS’s physical and<br />
biological habitat requirements at a fine scale. “Restoration and enhancement efforts within the preserve<br />
areas shall be informed by the results of the Spineflower Habitat Characterization Study to be conducted”<br />
(SCP, page 9.2.10-118). It is our understanding from email correspondence with Jodi McGraw 51 that the<br />
habitat assessment or characterization was not implemented, at least not by her firm. If this is the case, then<br />
it is premature for preserve design and future management framework be constructed in the SCP since the<br />
basis for many of the restoration and proposed experimental trials depend on the results of this Study.<br />
As described in Section 7.1, “it is not possible at this time to identify suitable habitat for the spineflower”<br />
(SCP, page 61). Results of the HSI were unsatisfactory and habitat studies described in Section 5.3 only<br />
narrowed down possible suitable habitat based occurrence percentages. Of these, both soil chemistry and<br />
soil texture proved not to be good predictors of whether a site represents potentially suitable habitat for the<br />
SFVS. It is not justified or reasonable that the SCP can recommend restoration and possible introduction<br />
when there is not enough scientific knowledge on what is suitable habitat for the spineflower.<br />
51 Jodi M. McGraw, Ph.D., Jodi McGraw <strong>Consulting</strong>, Freedom, CA, personal communication: email dated 6 August 2009<br />
regarding status of the SFVS habitat assessment study; jodi@jodimcgrawconsulting.com.
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Monitoring Activities<br />
The Spineflower Monitoring Program<br />
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The Spineflower Monitoring Programs (Section 11.2 of the SCP) purpose is to achieve the biological goals<br />
and objective concerning SFVS populations as addressed in Goal 1 (Section 3.0).<br />
“The goal of the Spineflower Monitoring Program is to provide objective, repeatable methods for<br />
collecting, analyzing, and interpreting ecologically meaningful information that can be used to<br />
evaluate the status of spineflower populations, the effectiveness of the conservation strategy, and<br />
the design of future management and monitoring, using the most cost-effective methods possible”<br />
(SCP, page 11.2-132).<br />
While restoration and improvements made within the preserves will most likely improve growing conditions<br />
and they may allow existing SFVS populations the ability to expand, these will only be short-term<br />
expansions since the isolation of these preserves will not allow for sustainability of the species; e.g. genetic<br />
diversity.<br />
The Spineflower Monitoring Program includes protocols for monitoring both the distribution and<br />
abundance of SFVS populations within the preserves. Monitoring will be done by mapping the areal extent<br />
of the SFVS distribution. The problem with the protocol as described on page 1 of Appendix E (Draft<br />
Monitoring Protocols) is that this will only be done every 10 years, “to reduce the potential for inter-annual<br />
variability in density to influence areal extent”. Next, it states that mapping will only be conducted in “years<br />
with weather conditions appropriate for establishment and survival (i.e., years with above-average rainfall)”.<br />
The parameters used to determine when mapping will occur needs to be more refined, more than just<br />
“above-average rainfall” as this is fairly nebulous, and could include years with just 0.1 inch more rainfall<br />
than average. Furthermore, the actual average rainfall at the SFVS populations is not known since no<br />
weather stations have been established at any of the population sites, or even the proposed preserve sites.<br />
<strong>California</strong> is currently experiencing a drought (with normal rainfall seasons interspersed) and even if the<br />
years post SCP approval have the conditions appropriate, there is too much room for error. Ten-year gaps<br />
in areal mapping is insufficient and only mapping in above-rainfall years is ridiculous since dramatic changes<br />
to site conditions can occur in much shorter timeframes, and by the time the Preserve Manager conducted<br />
the mapping, the damage could be irreversible.<br />
Climate is known to play a large role in the germination of the SFVS. Therefore, it is even more important<br />
to do mapping in years with little precipitation. Since the population dynamics of the SFVS are still not well<br />
known, any opportunity to map and compare their distribution year to year will lead to a better<br />
understanding of its ecology.<br />
The Spineflower Monitoring Program along with the implementing the general management measures<br />
(Section 9.2) still prove to be inadequate due to the insufficient buffer area size that will still allow for the<br />
invasion of threats such as the Argentine Ant.<br />
Qualitative Monitoring Activities within Preserve Areas<br />
The monitoring proposed, and time frame for report preparation, is not satisfactory and will allow for too<br />
much error. The SCP states, “Qualitative monitoring will be performed quarterly and include an overall<br />
review of the spineflower populations and habitats within the preserve and preserve buffer” (SCP, page<br />
11.5-133).
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Following development and residence, “quarterly monitoring shall be initiated for Argentine ants along the<br />
urban–open space interface at sentinel locations where invasions could occur (e.g., where moist<br />
microhabitats that attract Argentine ants may be created)” (SCP, page 11.5-134). As previously discussed,<br />
the SCP report states, “based on a study by Suarez et al. (2001), Argentine ant populations disperse at a<br />
rate of about 15 to 270 meters per year; therefore, quarterly monitoring for Argentine Ant should be<br />
adequate to detect incipient invasions” (SCP, page 11.5-134). This actually proves that quarterly<br />
monitoring in not adequate because by 15 to 270 meters per year (50-885 feet) ants could invade the 80-<br />
200 feet buffered areas in the first quarter.<br />
The SCP claims, “because Argentine ants can be effectively managed within and adjacent to the preserves<br />
through general aspects of preserve design with a limited need for active management and human<br />
mediation, it is not necessary to address Argentine ants through adaptive management” (SCP, page 10.4-<br />
130). Their presence in the adjacent urban development is likely inevitable and containment will require<br />
continuous monitoring and treatment to keep out of the preserve areas. This is an inefficient use of the<br />
Preserve Manager’s time, the use of larger buffers would require less labor and be much more effective in<br />
keeping the Argentine Ant out of the SFVS preserves.<br />
The monitoring plans state that if Argentine Ant is detected during monitoring, “the qualified biologist shall<br />
distinguish between foraging ants versus nesting ants and implement appropriate direct control measures<br />
immediately to help prevent the invasion from worsening” (SCP, page 11.5-134). The training necessary<br />
for the said biologists to distinguish between ants is onerous. The plan continues to go through the next<br />
steps to be taken if ants are detected, insecticide treatment, and identify/correction the possible source of the<br />
increased moisture. However, once the ants have colonized, local treatment can prove effective to decrease<br />
volume (with the use of baits and insecticides) but full eradiation is highly unlikely.<br />
The quarterly monitoring will also determine the presence or absence of native ant species within the<br />
preserves. “If native ant species are determined to be absent, further research into the cause of their<br />
disappearance will be conducted, and management measures will be developed to mitigate this effect.” Ants<br />
have been shown to be effective pollinators for the SFVS, as shown in the Jones et al. (2004) study, if<br />
native ants numbers diminish there could be direct impacts on the germination of the SFVS within the<br />
preserves. Quarterly monitoring is simply too little!<br />
As discussed in the Monitoring Results section (SCP, page 11.7-135), reports of the quarterly monitoring<br />
results are only to be prepared annually for SFVS abundance and every 10 years for SFVS distribution and<br />
vegetation in the preserves. This is just too much of a gap in distribution data for a State-listed species.<br />
The risk (extirpation) is too great to rest on such infrequent monitoring.<br />
Spineflower Introduction Program<br />
As stated in Section 12.0, “if CDFG determines that avoidance and minimization efforts and establishment<br />
of the preserves are not adequate to substantially lessen the significance of direct and indirect impacts to the<br />
spineflower, a reintroduction program may be implemented” (SCP, page 12.0-136).<br />
Seed Collection<br />
Section 12.2 calls for approximately 5% additional “seed will be collected in each preserve area each year,<br />
only in years of within 20% or greater of normal rainfall, for 10 years, beginning in the year the preserves<br />
are established”. SFVS seed collection will follow the approved seed collection protocol as described in the
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October 8, 2003 CDFG letter. However, they will only collect the 5% of seeds in years within 20% or<br />
greater normal rainfall, for the next 10 years” (SCP, page 12.2-136).<br />
These seeds will be used to create additional SFVS occurrences if necessary. Section 12.3 Seeding on page<br />
137 states, “Direct seeding will include identifying locations within the preserve areas with appropriate soils,<br />
geology, aspect, slope, and vegetation conditions that have no historical occurrences of spineflower”.<br />
However, based on the earlier discussion, they don’t know what these appropriate conditions are yet.<br />
The seed generated each season will likely have slightly to significantly different genetic coding that is<br />
important for the ultimate survival of the SFVS by maintaining and reproducing the variation in the genetic<br />
code of the taxon. This variation in genetic code is a vital part of the SFVS’s survival strategy, to always<br />
have some part of the seedbank germinating and producing new plants that in turn contribute to the<br />
seedbank. This genetic variability is even more important considering the expected changes in climate in<br />
<strong>California</strong> as a result of Global Warming.<br />
Conservation of the Seed Bank<br />
A fundamental assumption of the SCP is that the seed bank of this species outside of the preserve areas can<br />
be stored at botanical gardens and other seed repositories (SCP, page 12.1-136) and used to restore<br />
populations should the preserves fail to adequately protect SFVS populations. Protocols for restoration of<br />
SFVS populations from captive propagation are detailed in Section 12 of the SCP (Pages 136-138);<br />
however, there has been no study done or demonstration that reintroduction of the SFVS, or any<br />
Chorizanthe species, to previously unoccupied habitat or currently occupied habitat will actually work.<br />
Spineflower Information Center<br />
A major part of the proposed adaptive management plan is the creation of a Spineflower Information<br />
Center, a centralized data storage system with all of the relevant SFVS scientific and management data.<br />
The Spineflower Information Center should be accessible to the public so that the review of the SFVS<br />
status is transparent and can be monitored by members of the public in parallel with the SFVS specialist<br />
taskforces that are called for in the adaptive management plan.<br />
Funding<br />
Section 13 of the SCP, Pages107-109, concerns funding the activities outlined in the plan. The longest time<br />
horizon addressed in the plan is a 50-year projection for qualitative monitoring and monitoring report costs.<br />
There is no financial endowment contemplated or discussed for perpetual scientific monitoring and<br />
sustained spineflower preserve maintenance. Newhall is responsible for ensuring the permanent<br />
conservation of the SFVS populations on their property and a permanent sustained endowment or<br />
comparable financial mechanism to ensure sustained resources for SFVS conservation activities must be<br />
provided as part of any conservation plan.<br />
Funding is shown in Table 20 (SCP, page 13.0-139) depicts the costs of the management measures for<br />
existing agricultural activities during construction and after construction, as well as costs associated with<br />
monitoring and reporting requirements totaling $5,829,180.00 for the next 50-years. The majority of<br />
projected costs are fixed and are calculated accordingly. However, nowhere in this assessment is there any<br />
room for error. The funding should allow for errors and for continued management after 50 years. Also,
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$1 million of this is to be directed to conservation efforts at the Ahmanson Ranch/Laskey Mesa population;<br />
however, that population is already officially protected; therefore, directing a large percentage of the<br />
mitigation funding for the SFVS to a site that is already protected from development takes away from<br />
where the funding is needed even more, at the Newhall population, which is much larger, and at risk of<br />
extirpation.<br />
As recent economic conditions have shown, availability of funds from taxes, assessments, or corporations<br />
such as Newhall Land and Farming Company, or its parent company, Lennar, cannot be depended upon<br />
when the economy sours. Therefore, a permanent endowment needs to be established and adequately<br />
funded to provide a secure and permanent source of funding to pay the salaries of the Preserve Manager,<br />
other support staff, and implement routine and adaptive management measures to protect the SFVS<br />
populations on the Newhall Ranch, in perpetuity.<br />
To ensure adequate funding is available to manage the preserves in perpetuity, the minimum time frame that<br />
should be considered to actually be meaningful in protecting the SFVS from extinction. An endowment<br />
must be established, and funded well enough, to provide funds annually that are sufficient to fund permanent<br />
staff and implement adaptive management strategies, much less the routine maintenance required for<br />
managing any preserve. The entire costs associated with managing the SFVS preserves should be born only<br />
by the developer, not the taxpayer, since Newhall is the sole beneficiary of any issued take permit from<br />
CDFG.<br />
SCP is Inadequate to Mitigation Impacts to SFVS<br />
As currently written, the SCP is inadequate and fails to set forth a sound or feasible plan that can feasibly<br />
mitigation project-related impacts on the SFVS. This results in failure of the SCP to meet CEQA<br />
requirements without a finding of overriding consideration of impacts to San Fernando Valley Spineflower<br />
survival must be rectified.<br />
The Spineflower Conservation Plan (SCP) states on page 7:<br />
“The goal of this plan is to ensure the long-term persistence of spineflower within the study area.<br />
As proposed by the applicant in this plan, the long-term conservation of spineflower will be<br />
achieved first by establishing a system of preserves to protect the core occurrences of spineflower<br />
in the study area, and second by implementing management and monitoring within an adaptive<br />
management framework to maintain or enhance the protected spineflower occurrences.”<br />
DMEC finds that the SCP is inadequate to ensure the long-term persistence of the San Fernando Valley<br />
Spineflower (SFVS) in the proposed project area. Essential knowledge needed to assure the long-term<br />
persistence of the spineflower in the proposed preserve system does not exist. The SCP defers acquisition<br />
of the knowledge needed to ensure the long-term persistence of this species into the future.<br />
This plan does not adequately provide for mitigation of take of proposed project impacts to the long-term<br />
persistence of the SFVS. We argue that the deferral of acquiring essential knowledge needed to meet the<br />
fundamental goal of the SCP (i.e. ensuring the long-term persistence of the species) is in practice deferring<br />
overall formulation of a viable mitigation plan for proposed impacts to the SFVS by the project applicant.<br />
Deferral of formulation of a mitigation plan is a violation of CEQA (CEQA Guidelines Section 15126.4).<br />
In the absence of a viable mitigation plan, a finding of overriding consideration must be found in regards to<br />
SFVS in order for this EIS/EIR to be in compliance with CEQA (citation). The Lead Agency must make
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findings that the value of this project (Newhall Specific Area Plan and related developments) is more<br />
important than the survival of the SFVS to justify the take of the species.<br />
The implementation of the SCP fundamentally depends upon meeting Goal 1 and attendant objectives<br />
needed to implement this goal. The goals are listed earlier in this letter.<br />
The other goals in the SCP are subsidiary to attaining the success of Goal 1 (Maintaining or increasing<br />
spineflower populations within the preserves) and the objectives needed to implement it. We thus focus this<br />
critique on the problems with Goal 1 and its objectives, which render the SCP inoperative as a valid<br />
mitigation plan under CEQA.<br />
Lack of Adequate Data<br />
As discussed above, understanding the population trends of the species and the role and extent of the seed<br />
bank across its overall range across the Newhall property should be a fundamental goal of any plan for the<br />
species conservation. There is a serious lack of adequate data to implement the primary goal and objectives<br />
of the SCP.<br />
The SCP acknowledges that there is fundamentally no baseline understanding of the processes governing<br />
the distribution and abundance of the SFVS. Also stated above, analysis of population survey data has<br />
yielded the initial conclusion regarding ecological processes controlling spineflower distribution and<br />
abundance: “More data is [sic] needed, but the preliminary interpretation is that preferred spineflower<br />
location is controlled by intrinsic environmental characteristics (e.g. soil type), while population density<br />
(and, in turn, actual numbers of individuals) is controlled by extrinsic environmental characteristics (e.g.<br />
rainfall) (Pages15-16)”. The basic ecological processes controlling SFVS distribution and abundance<br />
remain fundamentally unknown and the current state of knowledge of these processes is most directly<br />
summarized by the authors of the SCP in this statement: “Many gaps remain in the understanding of the<br />
ecology of the spineflower, making it difficult to devise management strategies to prevent its extirpation,<br />
and to design efficacious monitoring protocols (SCP, page 8)”.<br />
The primary goal and objectives of the Spineflower Conservation Plan cannot be met with existing<br />
knowledge and thus the SCP cannot meet CEQA requirements. Objective 1.1 and Objective 1.2 imply that<br />
the fundamental baseline knowledge of the ecological processes controlling SFVS distribution and<br />
abundance needed to manage these processes exists. As illustrated above, this baseline knowledge does not<br />
currently exist. We cannot assume that we have the requisite knowledge to increase or maintain SFVS<br />
distribution or abundance and thus cannot codify these processes as management goals until this knowledge<br />
exists as Objective 1.1 and Objective 1.2 currently do.<br />
There is no knowledge of how to maintain or increase SFVS distribution or abundance as the SCP goals<br />
imply. These goals are not practicable and thus the fundamental assumptions of the SCP are not viable or<br />
valid. The research needed to acquire the necessary knowledge to maintain SFVS distribution and<br />
abundance is deferred to future studies (e.g. Goals 1.4 and 1.5). The reality of the SCP is that the<br />
knowledge and management practices needed to make it a viable mitigation tool are deferred to the future.<br />
This is a violation of CEQA Guidelines Section 15126.4 and negates the validity of this SCP.<br />
We provide a detailed critique below of the areas in which the fundamental baseline knowledge of the<br />
ecological processes controlling SFVS distribution and abundance are deficient for implementing the SCP<br />
as currently written.
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
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1. Failure of Reintroduction as a Viable Spineflower Mitigation Strategy<br />
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There has been no study done or demonstration that reintroduction of the SFVS, or any Chorizanthe<br />
species, to previously unoccupied habitat or currently occupied habitat will actually work.<br />
Before destruction of any known part of the SFVS population is contemplated, much less permitted,<br />
demonstration that the SFVS seed bank can be successfully stored and sustainably reintroduced to the wild<br />
must be demonstrated. Fiedler (1991 52 ) surveyed the effectiveness of reintroduction of <strong>California</strong>n<br />
special-status plant species as a mitigation strategy and concluded that “it is suggested that because of the<br />
lack of or limited success of most of the transplantation, reintroduction, or restoration attempts<br />
documented, and the uncertainty of many of the on-going projects, the Endangered <strong>Plant</strong> Program of the<br />
<strong>California</strong> Department of Fish and Game's Natural Heritage Division should remain extremely cautious in<br />
any mitigation agreement that will allow any of these techniques to serve as mitigation for project impacts”.<br />
There are no data presented in this plan that the proposed mitigation for destruction of the SFVS seed bank<br />
outside of the preserve areas will work.<br />
In the Spineflower Draft Conservation Agreement (page 18), the authors state:<br />
“Although the reintroduction program is experimental at this stage, the parties consider such a<br />
program to be a feasible form of conservation at this juncture based upon available studies.”<br />
The authors do not cite any specific studies that validate their conclusion that a reintroduction program is<br />
feasible. There are no baseline data extant that collection and storage of the SFVS seedbank is a viable<br />
conservation strategy. There is no valid scientific logic presented to support the applicant’s assertion that<br />
reintroduction is a viable conservation plan for the spineflower.<br />
All knowledge and demonstration that reintroduction is a viable conservation strategy is deferred to the<br />
future and thus invalidates reintroduction as a viable mitigation strategy under CEQA Guidelines Section<br />
15126.4. Proceeding with reintroduction strategies with the current lack of knowledge that they are viable<br />
would result in the destruction of 6.32 acres (31 %) of mapped SFVS occurrences on the Newhall property<br />
and the associated SFVS seedbank underlying these known SFVS population occurrences. The destruction<br />
of this seedbank cannot be mitigated for with the current lack of ecological knowledge.<br />
The SCP puts much emphasis on further analysis that will be included in the Habitat Characterization Study.<br />
It is our understanding from email correspondence with Jodi McGraw, the designer of the proposed study<br />
that the habitat assessment or characterization was not implemented. If this is the case, then it is premature<br />
for preserve design and future management framework be constructed in the SCP since the basis for many<br />
of the restoration and proposed experimental trials depend on the results of this Study.<br />
It is not justified or reasonable that the SCP can recommend restoration and possible introduction when<br />
there is not enough scientific knowledge on what is suitable habitat for the SFVS.<br />
2. Lack of Knowledge About Genetics<br />
There is a lack of knowledge about genetic structure and diversity of the SFVS seedbank, which is needed<br />
for adequate management of SFVS abundance and diversity. As discussed extreme population fluctuations<br />
occur in spineflower populations. Germination of the SFVS seedbank typically occurs after late-fall and<br />
winter rains which results in winter and spring blooms, as in many other annual plant species. Research on<br />
52 Fiedler, P. 1991. Mitigation Related Transplantation, Translocation and Reintroduction Projects Involving Endangered and<br />
Threatened and Rare <strong>Plant</strong> Species in <strong>California</strong>. <strong>California</strong> Department of Fish and Game, Sacramento, <strong>California</strong>.
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the Slender-horned Spineflower suggests that seedbanks are critical for maintaining genetic diversity among<br />
isolated populations and that population variations could indicate that seed banks make important<br />
contributions to the genetics and population biology (SCP, page 4.10-27). No comparable research has<br />
been done for the SFVS. More investigations into the role that seedbanks play in the SFVS’s genetics and<br />
population dynamics is essential before 6.32 acres (31 %) of mapped SFVS occurrences on the Newhall<br />
property are destroyed to accommodate the proposed urban development.<br />
The SCP authors suggest that genetic studies will be done to understand the baseline genetic structure of<br />
the population and investigate the genetic viability of seeds produced by self-fertilization. The authors state<br />
that these genetic studies will be “conducted in the near-term within a 1-year time frame or in the first year<br />
where there are sufficient aboveground populations to undertake the study” (Adaptive Management<br />
Program Module, page D-27). We are not aware of any technology or methodology that would allow<br />
complex genetic studies such as the ones proposed to be completed in the one year time frame indicated.<br />
We argue that the genetic knowledge the authors say is needed for SFVS management should be conducted<br />
prior to the approval of any mitigation plan and not be allowed as a vague afterthought in an unrealistic<br />
timeline as is proposed in the SCP.<br />
3. Pollination Not Fully Understood and Existing Data Not Used<br />
A pollination study was conducted on the Newhall property (Jones et al. 2004 53 ), the results showed<br />
variation in pollinators present depended on location (three study sites) and season. Among the most<br />
common visitors to the study sites were ants, flies, and beetles. Honeybees were also shown to be effective<br />
pollinators although their numbers weren’t as prevalent as the other three pollinators were.<br />
Jones et al. (2004) also performed a lab experiment to evaluate the effectiveness of ants as SFVS<br />
pollinators. The results confirmed ants to be not only effective pollinators, it also proved that when the<br />
plant was alone it was able to self pollinate. These results are important since the pollination of the SFVS is<br />
still relatively unknown and any impacts to potential pollinators need to be mitigated as part of the SCP.<br />
The invasion by the Argentine Ant is one of the threats to the pollinators with in the proposed preserves.<br />
The Argentine Ant is associated with urban development (Dudek 2007 54 , Section 6, C-11). Invasions by<br />
the Argentine Ant often results in the displacement of existing invertebrates that serves as seed predators<br />
and are effective as seed dispersers. page D-47 of the Adaptive Management Program Module addresses<br />
the threat of the Argentine Ant, stating, “In coastal San Diego county, Argentine ants were ineffective in<br />
safely dispersing seeds of the myrmecochorous tree poppy (Dendromecon rigida) relative to displaced<br />
native harvester ant (Pogonomyrmex subnitidus) as seeds left by Argentine ants were not sufficiently buried<br />
to avoid subsequent predation at the soil surface”.<br />
The EIS/EIR spent a fair amount of time describing the threat of the Argentine Ant (Relationship of<br />
Argentine Ant to Conserved San Fernando Valley Spineflower Population, Dukek 2007) and plans to<br />
manage them; however, the EIS/EIR basically ignored the roll of other pollinators, and how they would be<br />
impacted by the project. Flies and beetles were also found to be the most common visitors along with ants<br />
and honeybees depending on what seasons the pollination studies were conducted. For example, the only<br />
53 Jones, C.E., S. Walker, F. Shropshire, R. Allen, D. Sandquist, and J. Luttrell. 2004. Newhall Ranch Investigation of the San<br />
Fernando Valley Spineflower, Chorizanthe parryi var. fernandina (S. Watson) Jepson.<br />
54 Dudek and Associates, Inc. 2007. Relationship of Argentine Ant to Conserved San Fernando Valley Spineflower<br />
Populations. December. <strong>California</strong>. Prepared for the Newhall Land and Farming Company, Valencia, <strong>California</strong>.
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time honeybees are mentioned is on page D-25 of the Adaptive Management Program Module, Loss of<br />
Genetic Diversity:<br />
“European honeybees have been observed visiting spineflower’s at the Laskey Mesa site (Jones et al.<br />
2002) and may be able to transfer pollen between preserves. It is believed that European honey bees<br />
currently may be experiencing colony collapse syndrome, and pollination relying upon them therefore<br />
may be tenuous.”<br />
Page 5, paragraph 2, Section 3.8 Phenology, Seed Production and Pollination, states, “However, ants are<br />
not efficient pollinators, and the rate of fruit set measured by researchers was high, which would indicate<br />
another, more effective pollinator was visiting the plants (USFWS 2004)”. This statement alone is strong<br />
evidence that the SCP should have examined in greater detail what other pollinators are present, and the<br />
EIS/EIR should have assessed how the proposed project would impact those pollinators.<br />
The preserves need to be large enough to ensure viable populations of SFVS pollinators existing onsite, and<br />
will persist onsite over the long term.<br />
4. Seed Dispersal<br />
Little is known about dispersal of SFVS seeds. As discussed above, Argentine Ants may pose a threat to<br />
native SFVS seed dispersers. Potential interactive effects of granivory and invasion by the Argentine Ant,<br />
which may displace native invertebrate granivores, could be significant. In addition, trapping studies<br />
conducted by Sapphos in 2001 on Ahmanson Ranch did not clarify whether small mammals play a role in<br />
SFVS seed dispersal (SCP, page 4.9-27).<br />
DMEC believes that the buffer areas as proposed under the current plan will be inadequate protection from<br />
the invasion of the Argentine Ant within the preserves areas. There will be further discussions on the threat<br />
of Argentine Ant and a critique of the Integrated Pest Management (IPM) proposed later in the letter.<br />
5. Soils<br />
With the use of a representative model described later, Dudek found that SFVS occurrences varied among<br />
combinations of sandy and gravelly silt and clay loams as discussed in Section 5.3.2 of the SCP. Soil<br />
texture and soil chemistry both proved not to be good predictors of whether a site represents potentially<br />
suitable habitat for SFVS.<br />
On both the Ahmanson Ranch and Newhall Land properties, SFVS is also in areas with disturbed soils and<br />
in areas disturbed by fossorial rodent activity. The SCP suggests that soil disturbances might also directly<br />
facilitate spineflower performance by increasing soil nutrients (J. McGraw, unpublished data) (Adaptive<br />
Management Module D-51). It is possible that SFVS relies on fossorial rodents since SFVS was found<br />
often occurring in areas disturbed by fossorial rodent activity. The size of the preserves may impact the<br />
rodent populations if they are too small.<br />
It is clear that more investigation needs to focus on the soil requirements of the SFVS, especially since SCP<br />
suggests that enhancement should occur if there is a decrease in SFVS populations within the preserves.<br />
There is not information to make these important decisions.
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
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6. Elevation, Slope, and Aspect<br />
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The SFVS occurs primarily on slopes with a south-facing aspect. These southern exposures experience<br />
more sunlight and heat (solar insolation), which leads to less dense herbaceous growth and/or less dense<br />
vegetation when compared to areas with a northern exposure. Therefore, SFVS’s tendency to occur on<br />
these slope exposures may be due to the prevalence of more sparsely vegetated habitat areas on hotter, drier<br />
slopes (SCP, page 4.6-23).<br />
7. Competition<br />
Dudek found that the majority of co-occurring species in 2007 were non-native annual species, suggesting<br />
the similarity of ecological requirements and the potential that competitive effects of non-native plants may<br />
be especially important in years of below-average rainfall (SCP, page 4.7-23). However, without focused<br />
ecological studies and soils analysis, the actual relationships will remain speculative at best. It has been<br />
hypothesized that European grasses dominating <strong>California</strong> landscapes are present and thriving as a result of<br />
an increase in soil nitrogen originating from smog. If that excess nitrogen in the soil is depleted, many of<br />
those alien species may die off, or at least be reduced in density, which will return the advantage to<br />
<strong>California</strong> native species.<br />
8. Predators<br />
There is currently no evidence that disease or predation are factors affecting the SFVS. Heavy grazing<br />
activities have taken place on both the former Ahmanson Ranch site and Newhall's property for many<br />
decades. The SCP states, “these factors are not applicable threats to survival of the spineflower” (CCA 55 ,<br />
page 4.1.3-8).<br />
The SCP defers to the Habitat Characterization Study to document the extent of herbivory and to address<br />
possible SFVS browsing, effects of herbivory and management for SFVS plants. This study was to be<br />
conducted in Spring 2008. To our knowledge this study has not been done (Jody McGraw pers. comm. 56 );<br />
therefore, there is not enough evidence to state the extent of herbivory and if a threat to the SFVS.<br />
We can infer from the proposed preserve design that it will result in isolated patches of habitat and lead to<br />
impaired connectivity between preserves. This will likely result in declines in the top predators (Mountain<br />
Lion, Coyote, Bobcat, raptors) and further result in an increase of small mammal prey species and an<br />
increase in herbivory. An increase in herbivory by these prey species could lead to increased competition<br />
with invertebrates species that are thought to be potential seed dispersers of the SFVS.<br />
Though the Adaptive Management Program Module section on Herbivory and Seed Predation (D-48)<br />
maintains that, “maintenance of large core open-space areas (i.e., High Country Special Management Area<br />
(SMA), Salt Creek area, and River Corridor SMA) and biological connectivity between preserves is<br />
intended to maintain the presence of top predators, such as raptors, coyotes, and bobcats and would prevent<br />
the occurrence of predator release within the preserves”, the preserves are located so far apart that this is<br />
not likely.<br />
55<br />
The Newhall Land And Farming Company, "Draft Newhall Land Candidate Conservation Agreement for San Fernando<br />
Valley Spineflower" (February 14, 2008)<br />
56<br />
Jodi M. McGraw, Ph.D., Jodi McGraw <strong>Consulting</strong>, Freedom, CA, personal communication: email dated 6 August 2009<br />
regarding status of the SFVS habitat assessment study; jodi@jodimcgrawconsulting.com.
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9. Climate<br />
Section 11.6 Local and Regional Weather Conditions (SCP, page 11.6-135) states,<br />
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“Rain gauges and possibly other basic measurement devices for measuring temperature and soil moisture<br />
will be installed on the preserves to ensure that local environmental conditions are being accurately<br />
monitored. Because Santa Ana winds may play a role in interacting with drought conditions to reduce<br />
survival at critical times, data on wind conditions will also be tracked.”<br />
As has been shown by population data gathered to date, the SFVS population varies wildly from year to<br />
year, as is typical for many annual species of Mediterranean and desert climates. Exactly what<br />
environmental cues the SFVS is responding to stimulate germination is unknown. So far, the trend, from<br />
sampling data, is one of decline, suggesting that drought conditions do not stimulate seed germination<br />
(which may seem obvious); however, there have not been enough sampling for enough years to cover a<br />
typical climate cycle of drought periods and wet periods to identify any clear patterns.<br />
No site-specific climatic data have been gathered at any of the SFVS populations. Precipitation data exist<br />
only from established weather stations, which are widely scattered and none close to the SFVS population<br />
sites. The nearest self-recording weather stations are Los Angeles Department of Water and Power’s<br />
Newhall-Soledad (406) and Del Valle (446) stations, both at least 5 miles from the nearest SFVS<br />
population. The nearest raingage is at the Valencia Reclamation Plan (1263) at 1,000 feet above mean sea<br />
level, which is checked manually on a daily basis. Another nearby station, an automatic recording station, is<br />
at Castaic Junction (1012B), at 1,005 feet above mean sea level. Precipitation data from these stations may<br />
be useful for determining actual rainfall on the nearby SFVS populations; however, the usefulness of this<br />
nearby station may provide erroneous data since the topographic position of this site is different than most<br />
of the SFVS population sites.<br />
Precipitation is extremely variable in where and how much falls in any given storm, varying significantly<br />
from mile to mile and with relatively small changes in elevation and slope aspect. This means that simply<br />
using the nearest weather station data as the means to determine precipitation and temperatures at the<br />
SFVS populations may very well provide misleading or incorrect information in determining the actual<br />
ecological conditions existing at one or more of the SFVS population sites.<br />
The SCP authors acknowledge that they have not addressed the potential implications of climate change in<br />
their plan:<br />
“Anthropogenic contributions to global climate change are generally accepted by the scientific community,<br />
and these changes over time may influence the type and composition of native vegetation communities as<br />
well as other aspects of the natural environment in Southern <strong>California</strong>. Although it is an objective of this<br />
plan to prevent anthropogenic changes to the naturally-occurring communities within the preserves,<br />
management of the preserves is not intended to reverse or slow changes that are the result from global<br />
climate change.”<br />
This blanket dismissal of the potential affects of climate change on SFVS persistence seems completely<br />
inadequate. The question of whether the potentially suitable or unoccupied habitat set aside in the preserves<br />
is adequate to control for potential movements of SFVS populations due to climate change should be<br />
addressed in the SCP. The adaptive management framework proposed in the SCP is designed to<br />
contemplate future uncertainty in SFVS population dynamics. It is unclear why potential effects of climate<br />
change are not addressed within the adaptive management framework and they should be.
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Page 4.3-306 Mission Village DEIR, Mitigation Measure SP 4.6-66 states: “Direct impacts to known<br />
spineflower populations within the Newhall Ranch Specific Plan area shall be avoided or minimized through<br />
the establishment of one or more onsite preserves that are configured to ensure the continued existence of<br />
the species in perpetuity. Preserve(s) shall be delineated in consultation with the County and CDFG, and<br />
will likely require changes and revisions to Specific Plan development footprints for lands within and around<br />
the Spineflower Mitigation Area Overlay (Figure 2.6-8).<br />
“Delineation of the boundaries of Newhall Ranch spineflower preserve(s) for the entire Specific Plan<br />
area shall be completed in conjunction with approval of the first Newhall Ranch subdivision map filed<br />
in either the Mesas Village, or that portion of Riverwood Village in which the San Martinez<br />
spineflower population occurs.<br />
“A sufficient number of known spineflower populations shall be included within the Newhall Ranch<br />
spineflower preserve(s) in order to ensure the continued existence of the species in perpetuity. The<br />
conservation of known spineflower populations shall be established in consultation with the County<br />
and CDFG, and as consistent with standards governing issuance of an incidental take permit for<br />
spineflower pursuant to Fish and Game Code Section 2081, subdivision (b).<br />
“In addition to conservation of known populations, spineflower shall be introduced in appropriate<br />
habitat and soils in the Newhall Ranch preserve(s). The creation of introduced populations shall<br />
require seed collection and/or top soil at impacted spineflower locations and nursery propagation to<br />
increase seed and sowing of seed. The seed collection activities, and the maintenance of the bulk<br />
seed repository, shall be approved in advance by the County and CDFG.<br />
“Once the boundaries of the Newhall Ranch spineflower preserve(s) are delineated, the project<br />
applicant, or its designee, shall be responsible for conducting a Spineflower population census within<br />
the Newhall Ranch spineflower preserve(s) annually for 10 years. (These census surveys shall be in<br />
addition to the surveys required by Mitigation Measure 4.6-53, above.) The yearly spineflower<br />
population census documentation shall be submitted to the County and CDFG, and maintained by the<br />
project applicant, or its designee. If there are any persistent population declines documented in the<br />
annual population census reports, the project applicant, or its designee, shall be responsible for<br />
conducting an assessment of the ecological factor(s) that are likely responsible for the decline, and<br />
implement management activity or activities to address these factors where feasible. In no event,<br />
however, shall project-related activities jeopardize the continued existence of the Newhall Ranch<br />
spineflower populations. If a persistent population decline is documented, such as a trend in steady<br />
population decline that persists for a period of 5 consecutive years, or a substantial drop in<br />
population is detected over a 10-year period, spineflower may be introduced in consultation with<br />
CDFG in appropriate habitat and soils in the Newhall Ranch preserve(s), utilizing the bulk<br />
spineflower seed repository, together with other required management activity or activities. These<br />
activities shall be undertaken by a qualified botanist/biologist, subject to approval by the County and<br />
CDFG. The project applicant, or its designee, shall be responsible for the funding and<br />
implementation of the necessary management activity or activities, including monitoring, as approved<br />
by the County and CDFG.<br />
“Annual viability reports shall be submitted to the County and CDFG for 10 years following<br />
delineation of the Newhall Ranch spineflower preserve(s) to ensure long-term documentation of the<br />
spineflower population status within the Newhall Ranch preserve(s). In the event annual status<br />
reports indicate the spineflower population within the Newhall Ranch preserve(s) is not stable and
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viable 10 years following delineation of the spineflower preserve(s), the project applicant, or its<br />
designee, shall continue to submit annual status reports to the County and CDFG for a period of no<br />
less than an additional 5 years.”<br />
As stated in this comment letter, there simply is not enough known about the ecology of this plant to rely on<br />
the SCP to conserve this species. There is no evidence that planting seeds will succeed. Why hasn’t<br />
Newhall and CDFG run planting trials yet? This is a critical part of the SCP, yet there is no evidence that<br />
such a crucial part of the plan will be viable. So much of the SCP is based on inadequate or junk science<br />
that a real scientist wouldn’t even consider putting a species at risk without running trials. Newhall has had<br />
plenty of time to do so.<br />
Locally Rare <strong>Plant</strong>s Not Adequately Assessed<br />
The DEIR did not adequately consider or assess project-related impacts on locally rare plant species. A<br />
review of the list of plants observed at the project site finds several problems, some of which are easily<br />
rectified, and others requiring significant revisions. First, a large number of vascular plants were not fully<br />
identified to subspecies or variety, which is necessary to understand which taxon is present, and if that taxon<br />
is a rare species meeting the intent and definition of rare under CEQA. Second, no consideration or<br />
discussion or assessment is given to species that are rare regionally or within Los Angeles County.<br />
DMEC’s preliminary assessment of the species present found several plant taxa that should be considered as<br />
significant resources, and assessed accordingly.<br />
Based on reviewing Appendix B of SCP DEIS/EIR Appendix F, a list of vascular plants that are not fully<br />
identified and may be rare in the region and/or Los Angeles County of which some subspecies or varieties<br />
are rare:<br />
Chaenactis glabriuscula – which variety?<br />
Chrysothamnus nauseosus – which subspecies?<br />
Heterotheca sessiliflora – which subspecies?<br />
Lessingia glandulifera – which variety?<br />
Stephanomeria exigua – which subspecies?<br />
Pectocarya linearis – which subspecies?<br />
Plagiobothrys collinus – which variety?<br />
Lepidium virginicum – which variety?<br />
Lonicera subspicata – which variety?<br />
Symphoricarpos sp. – which species?<br />
Spergularia sp. – which species?<br />
Atriplex canescens – which subspecies?<br />
Atriplex lentiformis – which variety?<br />
Dudleya cymosa – which subspecies?<br />
Astragalus trichopodus – which variety? uncommon in Ventura County (<strong>Magney</strong> 2010)<br />
Lathyrus vestitus – which subspecies?<br />
Lupinus excubitus – variety excubitus? Should we assume this variety since variety hallii is also listed?<br />
Trifolium sp. – which species?<br />
Trifolium albopurpureum – which variety?<br />
Trifolium gracilentum – which variety?<br />
Ribes aureum – which variety?
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Ribes malvaceum – which variety?<br />
Nemophila menziesii – which variety?<br />
Phacelia cicutaria – which variety? Rare in Ventura County (<strong>Magney</strong> 2010)<br />
Phacelia ramosissima – which variety?<br />
Stachys ajugoides –variety ajugoides? Should we assume this variety since variety rigida is also listed?<br />
Mentzelia sp. – which species?<br />
Camissonia boothii – which subspecies?<br />
Clarkia purpurea – which subspecies?<br />
Oenothera elata – which subspecies?<br />
Orobanche sp. – which species?<br />
Leptodactylon californicum – which subspecies?<br />
Navarretia ojaiensis in not on the species list; however, it is assessed as a special-status species in the<br />
EIS/EIR, but not in the Mission Village DEIR.<br />
Rumex salicifolius – which variety?<br />
Calyptridium – which species?<br />
Claytonia parviflora – which subspecies?<br />
Claytonia perfoliata – which subspecies?<br />
Ceanothus tomentosus – which variety?<br />
Cercocarpus betuloides – which variety? Two varieties are listed below this entry on Appendix B of<br />
Appendix F of the SCP DEIR/EIS, including variety betuloides, so which other variety could it be?<br />
Prunus ilicifolia – which variety?<br />
Galium angustifolium – which subspecies?<br />
Salix lasiolepis – which variety?<br />
Antirrhinum coulterianum – which subspecies?<br />
Castilleja densiflora – which subspecies?<br />
Cordylanthus rigidus – which subspecies?<br />
Linaria canadensis – which subspecies?<br />
Mimulus aurantiacus –variety aurantiacus? Should we assume this variety since variety pubescens is also<br />
listed?<br />
Urtica dioica – which subspecies?<br />
Carex sp. – which species?<br />
Scirpus acutus – which variety? Rare in Ventura County (<strong>Magney</strong> 2010)<br />
Juncus sp. – which species?<br />
Juncus balticus – which variety?<br />
Bloomeria crocea – which variety?<br />
Dichelostemma capitatum – which variety?<br />
Bromus catharticus – which variety? Variety catharticus is already listed.<br />
Eragrostis mexicana – which variety?<br />
If any of these taxa have ten or fewer populations in Los Angeles County, they should be evaluated as<br />
potentially locally rare, and losses to one or more populations should be considered significant, and<br />
appropriately mitigated. Nothing in the CEQA Guidelines state that impact assessments will only consider<br />
impacts to species that are rare statewide or globally. Certainly, such species must be evaluated; however,<br />
the intent of CEQA is to document and evaluate a project’s impacts on biological resources. This requires<br />
the consulting biologists to actually think and evaluate the impacts the Mission Village project will have on<br />
the biological resources onsite. Organizing this assessment into categories and boxes in necessary to clearly
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and simply explain the resources present and the project’s impacts on them, but it does not mean that the<br />
biologists should simply ignore them as has been done at Newhall Ranch.<br />
Below is a list of 35 vascular plants listed in the SCP DEIR or supporting documents that are rare in the<br />
region and/or Los Angeles County but where not evaluated as sensitive biological resources pursuant to<br />
CEQA:<br />
Juniperus californica – While this species is relatively common in the desert portions of Los Angeles<br />
County and southern <strong>California</strong>, this occurrence on Newhall Ranch represents the southwestern-most<br />
occurrence of this species. The limits of a species range, and a disjunct population such as on Newhall<br />
Ranch, represents a significant botanical resource that should be assessed. This status is the similar to that<br />
for Artemisia tridentata ssp. parishii, which is treated as a special-status species.<br />
Amaranthus palmeri - uncommon in Ventura County (<strong>Magney</strong> 2010 57 ); there are only 11 vouchered<br />
records for this species in Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010 58 ), representing 8<br />
populations of which only 2 are extant, plus the Newhall Ranch populations, meaning that this taxon should<br />
be considered rare in Los Angeles County.<br />
Amaranthus powellii - uncommon in Ventura County (<strong>Magney</strong> 2010); rare in Los Angeles County with 8<br />
vouchered populations, all but one of which where made over 80 years ago (Consortium of <strong>California</strong><br />
Herbaria 2010) and most are likely extirpated. The Newhall Ranch population is possibly the only extant<br />
population and it should be treated as rare in Los Angeles County.<br />
Baccharis sarothroides – not in Ventura County; there are only 2 known populations in Los Angeles<br />
County is on the project site (Consortium of <strong>California</strong> Herbaria 2010); therefore, it should be treated as a<br />
rare species.<br />
Helianthus californicus – not in Ventura County; rare in Los Angeles County with only 3 known<br />
populations (Consortium of <strong>California</strong> Herbaria 2010). This species should be treated as a rare species.<br />
Pluchea sericea – rare in Ventura County (<strong>Magney</strong> 2010); represented by only about 10 extant populations<br />
in Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010) and should be treated as a rare species.<br />
Wyethia ovata – could this be misidentified? – Balsamorhiza deltoidea occurs in Ventura County and looks<br />
similar to Wyethia ovata. Balsamorhiza is scattered (not rare) in northern Ventura County but W. ovata is<br />
not known from Ventura County. This population represents an extralimital population well below its<br />
known elevational range and should be treated as a rare species.<br />
Opuntia basilaris var. ramosa – not found in Ventura County; only known occurrence in Los Angeles<br />
County; this taxon should be treated as a rare species. Appendix B of Appendix F lists Opuntia basilaris<br />
var. ramosa as present on Newhall Ranch; however, there is no explanation as why this variety is listed<br />
when many taxonomic sources place it as a synonym of Opuntia basilaris var. basilaris. It is not listed in<br />
the flora for the Liebre Mountains (Boyd 1999 59 ), which only includes the northeast and easternmost<br />
portions of Newhall Ranch. The only collections of this variety deposited and reported in the Consortium<br />
of <strong>California</strong> Herbaria (CCH) online database 60 are from San Diego County, collected by Mark Elvin.<br />
57<br />
<strong>Magney</strong>, D.L. 2010. Checklist of Ventura County Rare <strong>Plant</strong>s. 9 October 2010, Eighteenth edition. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong><br />
Society, Channel Islands Chapter, Ojai, <strong>California</strong>. Published on www.cnpsci.org.<br />
58<br />
Consortium of <strong>California</strong> Herbaria. 20107. Database search of <strong>California</strong> public herbaria 30 December 2010. Jepson<br />
Herbarium, University of <strong>California</strong>, Berkeley. (http://ucjeps.berkeley.edu/consortium/)<br />
59<br />
Boyd, S. 1999. Vascular Flora of the Liebre Mountains, Western Transverse Ranges, <strong>California</strong>. November. Rancho Santa<br />
Ana Botanic Garden, Claremont, <strong>California</strong>.<br />
60<br />
Consortium of <strong>California</strong> Herbaria online database search: http://ucjeps.berkeley.edu/consortium/ dated 25 August 2009 for<br />
Opuntia basilaris var. ramosa.
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Sanders (pers. comm. 2009 61 ) believes the Newhall Ranch populations of Opuntia basilaris are unique, and<br />
best fit under the description for Opuntia basilaris var. ramosa. The actual identity is unknown; therefore,<br />
it should be treated as a special-status species.<br />
Opuntia californica var. parkeri – not found in Ventura County; Newhall Ranch site it the only other<br />
known occurrence in Los Angeles County and should be treated as a rare species. Appendix B of Appendix<br />
F lists Opuntia californica var. parkeri as present on Newhall Ranch. This variety should be considered a<br />
special-status species. There are only a very small number of known populations in <strong>California</strong>, from San<br />
Diego County and western Riverside County (Consortium of <strong>California</strong> Herbaria online database (2009 62 ).<br />
If this taxon was indeed found on Newhall Ranch, then it should be treated as a special-status species.<br />
Loeflingia squarrosa var. squarrosa– rare in Ventura County (<strong>Magney</strong> 2010), rare in Liebre Mountains<br />
(Boyd 1999, <strong>Magney</strong> 2003 63 ), with only 8 known populations in Los Angeles County (Consortium of<br />
<strong>California</strong> Herbaria 2010) and should be treated as a special-status species in the EIR.<br />
Atriplex serenana var. serenana – rare in Ventura County (<strong>Magney</strong> 2010); represented by only 10<br />
populations in Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010) and should be considered as a<br />
rare species.<br />
Atriplex triangularis – uncommon in Ventura County (<strong>Magney</strong> 2010); represented in Los Angeles County<br />
by about only about 9 extant populations at most (Consortium of <strong>California</strong> Herbaria 2010) and should be<br />
treated as a rare species.<br />
Vicia hassei – rare in Ventura County (<strong>Magney</strong> 2010); represented in Los Angeles County by about only 9<br />
extant populations at most (Consortium of <strong>California</strong> Herbaria 2010) and should be treated as a rare<br />
species.<br />
Stachys ajugoides var. rigida – rare in Ventura County (<strong>Magney</strong> 2010); represented in Los Angeles<br />
County by about 9 populations, most of which are based on vouchers over 60 years old (Consortium of<br />
<strong>California</strong> Herbaria 2010 64 ); this taxon should be treated as a rare species in the EIS/EIR.<br />
Malacothamnus fasciculatus ssp. laxiflorus – rare in Ventura County (<strong>Magney</strong> 2010); represented in Los<br />
Angeles County by only 6 populations (Consortium of <strong>California</strong> Herbaria 2010); this taxon should be<br />
treated as a rare species.<br />
Clarkia speciosa – rare in Ventura County (<strong>Magney</strong> 2010) with only one population; Newhall Ranch<br />
collection represent the only known population in Los Angeles County (Consortium of <strong>California</strong> Herbaria<br />
2010); this species is rare in Los Angeles County and should be treated as such in the EIR.<br />
Orobanche parishii ssp. parishii – rare in Ventura County (<strong>Magney</strong> 2010); represented by up to 9<br />
populations in Los Angeles County, 2 of which are on Newhall Ranch (Consortium of <strong>California</strong> Herbaria<br />
2010) and should be considered a rare species.<br />
Argemone corymbosa – rare in Ventura County (<strong>Magney</strong> 2010) with only one occurrence; represented by<br />
only 4 populations in Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010) besides the Newhall<br />
Ranch occurrence, and should be treated as a rare species.<br />
61<br />
Sanders, Andrew, Curator, University of <strong>California</strong> at Riverside Herbarium, email correspondence on 25 August 2009<br />
regarding taxonomic status of Opuntia basilaris var. ramosa and the plants at Newhall Ranch.<br />
62<br />
Consortium of <strong>California</strong> Herbaria online database search: http://ucjeps.berkeley.edu/consortium/ dated 25 August 2009 for<br />
Opuntia californica var. parkeri.<br />
63<br />
<strong>Magney</strong>, D.L. 2003. Rare <strong>Plant</strong>s of the Liebre Mountains, Los Angeles County. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, Channel<br />
Islands Chapter, Ojai, <strong>California</strong>. Published at http://www.cnpsci.org/html/<strong>Plant</strong>Info/Liebre_Rare.htm<br />
64<br />
Consortium of <strong>California</strong> Herbaria online database search: http://ucjeps.berkeley.edu/consortium/ dated 30 December 2010.
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Eriastrum densifolium ssp. mohavense – rare in Ventura County (<strong>Magney</strong> 2010); represented in Los<br />
Angeles County by only 3 populations (Consortium of <strong>California</strong> Herbaria 2010) and should be treated as a<br />
rare species.<br />
Chorizanthe fimbriata – only record for Los Angeles County is on Newhall Ranch with no other known<br />
population in Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010); not in adjacent Ventura<br />
County.<br />
Eriogonum viridescens – uncommon in Ventura County (<strong>Magney</strong> 2010); represented in Los Angeles<br />
County by about 6 populations (Consortium of <strong>California</strong> Herbaria 2010), most of which were collected<br />
before 1930. It should be treated as a rare species.<br />
Lastarriaea coriacea – rare in Ventura County (<strong>Magney</strong> 2010); represented in Los Angeles County by no<br />
more than 10 extant populations (Consortium of <strong>California</strong> Herbaria 2010) and should be treated as a rare<br />
species.<br />
Rumex maritimus – rare in Ventura County (<strong>Magney</strong> 2010); represented in Los Angeles County by no<br />
more than 7 extant populations (Consortium of <strong>California</strong> Herbaria 2010) and should be treated as a rare<br />
species.<br />
Galium nuttallii ssp. nuttallii – CNPS List 4, occasional (not rare) in Ventura County (<strong>Magney</strong> 2010);<br />
represented in Los Angeles County by no more than 8 extant populations (Consortium of <strong>California</strong><br />
Herbaria 2010) and should be treated as a rare species.<br />
Parthenocissus vitacea – Rare in <strong>California</strong> and in Los Angeles County, not found in adjacent Ventura<br />
County; represented in Los Angeles County by no more than 6 extant populations (Consortium of<br />
<strong>California</strong> Herbaria 2010), all on Newhall Ranch, and should be treated as a rare species.<br />
Eleocharis rostellata – rare in Ventura County (<strong>Magney</strong> 2010); represented in Los Angeles County by no<br />
more than 7 extant populations (Consortium of <strong>California</strong> Herbaria 2010) and should be treated as a rare<br />
species.<br />
Scirpus robustus = Bolboschoenus robustus – rare in Ventura County (<strong>Magney</strong> 2010); represented in Los<br />
Angeles County by only one other extant population in the Liebre Mountains (Consortium of <strong>California</strong><br />
Herbaria 2010) and should be treated as a rare species.<br />
Juncus longistylis – not found in Ventura County; no other populations in Los Angeles County other than<br />
Newhall Ranch (Consortium of <strong>California</strong> Herbaria 2010); loss of the only population of this taxon in Los<br />
Angeles County should be considered a significant impact.<br />
Juncus triformis – rare in Los Angeles County; not found in Ventura County; represented by only 1 extant<br />
populations in Los Angeles County on Newhall Ranch (Consortium of <strong>California</strong> Herbaria 2010); loss of<br />
this one Los Angeles County population or individuals of this taxon should be considered a significant<br />
impact.<br />
Lemna minuscula – rare in Ventura County (<strong>Magney</strong> 2010); represented by only 5 historic populations in<br />
Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010); loss of one or more populations of this<br />
taxon should be considered a significant impact.<br />
Lemna valdiviana – uncommon in Ventura County (<strong>Magney</strong> 2010); represented by only 9 historic<br />
populations in Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010); loss of one or more<br />
populations of this taxon should be considered a significant impact.<br />
Brodiaea terrestris ssp. kernensis – rare in Ventura County (<strong>Magney</strong> 2010); represented by only 5 historic<br />
populations in Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010); loss of one or more<br />
populations of this taxon should be considered a significant impact.
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Yucca schidigera – rare in Los Angeles County; not found in Ventura County; represented by only 1 extant<br />
population in Los Angeles County on Newhall Ranch (Consortium of <strong>California</strong> Herbaria 2010); loss of this<br />
one Los Angeles County population or individuals of this taxon should be considered a significant impact.<br />
Is this planted onsite and not native on the ranch?<br />
Potamogeton foliosus – rare in Ventura County (<strong>Magney</strong> 2010); represented by about 10 historic<br />
populations in Los Angeles County (Consortium of <strong>California</strong> Herbaria 2010); loss of one or more<br />
populations of this taxon should be considered a significant impact.<br />
The loss of any of these 35 plant taxa should be analyzed for significance. There is no doubt as to their<br />
rarity in Los Angeles County, the only area in <strong>California</strong> in which the County has any jurisdiction, but these<br />
plants that are rare in Los Angeles County were not considered in the DEIR as significant biological<br />
resources. As is practiced in other jurisdictions, such as Ventura County, the loss of a population of any of<br />
these taxa would be considered a significant impact, and appropriate mitigation proposed, if feasible. This<br />
was not done in the EIR, rendering it inadequate in this area.<br />
Special-status Wildlife in the DEIR<br />
The DEIR takes great leaps in its assessment that all the proposed mitigation measures will fully reduce<br />
impacts to almost all special-status wildlife species to less-than-significant levels. Their logic is flawed and<br />
not supported by the evidence, as explained below.<br />
The Western Spadefoot Toad (Spea hammondii) is likely to occur in the same habitat as the Southwestern<br />
Pond Turtle and two-striped garter snake. As the draft EIR/EIS states: “Suitable breeding habitat for the<br />
western spadefoot toad on site includes riparian areas and seasonal drainages containing seasonal pools and<br />
suitable aestivation habitat includes surrounding uplands within at least several hundred meters of breeding<br />
sites. Because western spadefoot toads are associated with specific microhabitats, however, their total<br />
suitable habitat on site was not quantified” (page4.5-984). The Mission Village DEIR (page 4.3-191) states<br />
that it was observed from two sites within the Mission Village development area.<br />
Given the known occurrence, and likely presence of the Western Spadefoot Toad in the same habitat as<br />
Southwestern Pond Turtle and parallel dependence on both terrestrial and aquatic habitat elements, the<br />
determination of “significant unavoidable impacts” should be made for the Western Spadefoot Toad<br />
following the same reasoning that was used to determine this status for the Southwestern Pond Turtle. The<br />
determination that there will be no significant impacts to the Western Spadefoot Toad after mitigation is<br />
thus arbitrary and wrong.<br />
Unarmored Threespine Stickleback is a <strong>California</strong> Fully Protected Species. The DEIR states that<br />
authorization for take was issued by CDFG on page 4.3-405. However, this is misleading as there is no<br />
take provision for Fully Protected Species. Only the footnote for Table 4.3-20 on page 4.3-406 clarifies<br />
that take was not issued by CDFG for this taxon. A more casual read of the DEIR clearly gives the reader<br />
the distinct impression that Newhall Ranch had been previously issued a permit to “take” Unarmored<br />
Threespine Stickleback, which is not true and would be illegal under current law.<br />
Special-status Mollusks in the DEIR<br />
Following the thread started above, focusing on mollusks, the DEIR provides a description of the mollusks<br />
found onsite on page 4.3-65:
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“(4) Gastropods. Three native species of shoulderband snails were detected during the surveys for<br />
the Trask shoulderband snail within the Newhall Ranch Specific Plan area and nearby areas, including<br />
Southern <strong>California</strong> shoulderband snail (Helminthoglypta tudiculata cf. H.t. convicta), Vasquez<br />
rocks shoulderband snail (Helminthoglypta vasquezi), and Grapevine shoulderband snail<br />
(Helminthoglypta uvasana). None of these species are designated by CDFG as special-status<br />
species [emphasis added]. The Southern <strong>California</strong> shoulderband snail and Vasquez rocks<br />
shoulderband snail were detected in the project area in a variety of habitat types, including <strong>California</strong><br />
annual grassland, coastal scrub, and in riparian areas. All snails were found in association with their<br />
expected microclimates (i.e., under rocks, in leaf litter, woody debris piles, under the decaying bases<br />
of yucca bushes, and similar moist environments). Vasquez rocks shoulderband snail was found at<br />
several locations in the proposed project area and proposed open space areas, including the mouth of<br />
Middle Canyon; portions of upper Middle Canyon; and the Magic Mountain Canyon watershed.<br />
Southern <strong>California</strong> shoulderband snail was found at several locations in the proposed project area,<br />
including the Middle Canyon area. Grapevine shoulderband snail was not detected in the project<br />
area, but was located in the Piru Creek floodplain near the confluence with the Santa Clara River.<br />
This species was previously known only from the type locality near Fort Tejon State Historical Park<br />
in Kern County. This detection extends the known range of this species at least 42 miles southwest<br />
of the type locality and greatly expands the known distribution of the species. Based on these new<br />
occurrences, this species is expected to also occur in the project area.”<br />
DMEC is pleased to see that field surveys were conducted for terrestrial gastropods. Three native species<br />
found. What the DEIR fails to recognize is that all three species, especially those not yet listed by the<br />
CNDDB as sensitive species, clearly qualify for federal and state listing as endangered species under the<br />
Endangered Species Act and the <strong>California</strong> Endangered Species Act, respectively. All those species of<br />
Helminthoglypta found onsite should be treated as rare and endangered species since they all easily and<br />
clearly meet listing, rarity, and endangerment criteria.<br />
Helminthoglypta uvasana (Grapevine Shoulderband Snail) was previously known only from two<br />
populations, one in upper Grapevine Canyon just south of Old Fort Tejon in southern Kern County and the<br />
other at Oak Flat Ranger Station in the Liebre Mountains in northwestern Los Angeles County (<strong>Magney</strong><br />
2009 65 ). The Newhall Ranch population now represents one-third of the known occurrences in the world.<br />
By any measure, the loss of any individuals, much less portions of the Newhall Ranch population must be<br />
considered a significant adverse impact.<br />
Helminthoglypta vasquezi (Vasquez Shoulderband Snail) was previously known only from two<br />
populations, one at Vasquez Rocks and the other in Agua Dulce Canyon [only a few miles from Vasquez<br />
Rocks] (<strong>Magney</strong> 2009 66 ). The Newhall Ranch population now represents one-third of the known<br />
occurrences in the world. By any measure, the loss of any individuals, much less portions of the Newhall<br />
Ranch population must be considered a significant adverse impact.<br />
Helminthoglypta tudiculata cf. convicta (Southern <strong>California</strong> Shoulderband Snail) was previously known<br />
from 15 collections from 14 populations from eastern Ventura County to western Orange and western San<br />
Bernardino Counties (<strong>Magney</strong> 2009). The Newhall Ranch population represents 6.3% of the known<br />
65 <strong>Magney</strong>, D.L. 2009. Terrestrial Snails of Los Angeles County. 20 August 2009. <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>,<br />
Ojai, <strong>California</strong>. Published through the Sespe Institute (www.sespeinstitute.com)<br />
66 <strong>Magney</strong>, D.L. 2009. Terrestrial Snails of Los Angeles County. 20 August 2009. <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>,<br />
Ojai, <strong>California</strong>. Published through the Sespe Institute (www.sespeinstitute.com)
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populations of this subspecies. It is very likely that several of the historic records have been extirpated,<br />
increasing the relative importance of the Newhall Ranch population. By any measure, the loss of any<br />
individuals, much less portions of the Newhall Ranch population must be considered a significant adverse<br />
impact.<br />
Since all of these gastropod species are rare, their locations should be mapped to determine the extent of the<br />
direct and indirect impacts the proposed project would have on them. Then occupied habitat should be<br />
avoided or impacts to them minimized and feasible mitigation measures proposed to compensate for<br />
adverse impacts to them. Furthermore, the report describing the methods and results of the terrestrial<br />
gastropod surveys should have been included as a technical appendix so that the public could review it as<br />
part of the DEIR.<br />
Interestingly, the DEIR fails to note that the Helminthoglypta survey report stated that two of the species<br />
found on Newhall Ranch may actually be two species new to science, undescribed, as stated on page RTC-<br />
053-8 of the SPC FEIR/EIS, “The Southern <strong>California</strong> shoulderband snail range widely through coastal<br />
southern <strong>California</strong> and northwestern Baja <strong>California</strong>, and the snails collected at these localities were<br />
preliminarily identified as the subspecies, H.t. convicta. However based on morphological variations<br />
of the shells, these specimens did not exactly match other H.t. convicta specimens in reference<br />
collections. It is, therefore, possible that these specimens represent a new species of shoulderband<br />
snail [emphasis added]; however, additional study of live specimens would be required to determine<br />
the taxonomic relevance of these differences (B. Roth, pers. comm. 2010).” Why was this fact not<br />
included in the DEIR when it was already known and published in the FEIR for the SCP? Newhall Ranch<br />
consultants are taking great liberties with factual data and extrapolating them without scientific basis to<br />
claim that the species at hand are not sensitive species. They state that the new occurrences at Newhall<br />
Ranch greatly expand the range of the two species, using simple distance measurements between known<br />
populations. They conveniently happen to ignore that fact that the world’s expert on the taxonomy of<br />
Helminthoglypta, Dr. Barry Roth, believes that they actually may be new species. If that is the case, then<br />
Newhall’s or the state’s biologists can claim that the Newhall Ranch populations greatly expand the<br />
distribution of those species. They also disregard the fact that these species have NOT been found in<br />
habitats in between Newhall Ranch and their type localities. For example, most of habitat between Vasquez<br />
Rocks, the type locality for Helminthoglypta vasquezi, and Newhall Ranch has been developed by the City<br />
of Santa Clarita and other intensive developments approved by the County of Los Angeles. If occupied,<br />
only remnant populations would remain, which may not be viable. Not one occurrence of that species, or<br />
any other Helminthoglypta species, has been reported for any of those numerous developments that have<br />
been approved in the last 20 years. They were found on Newhall Ranch because of its largely intact nature,<br />
its large size, and the diversity of habitats present within a small area.<br />
To expand on the results of the surveys conducted for Helminthoglypta species but not disclosed in the<br />
Mission Village DEIR, the SCP FEIR starting on page RTC-053-8 states:<br />
“Surveys for terrestrial gastropods were conducted in portions of the proposed RMDP development<br />
area, the Salt Creek area, High Country SMA, and River Corridor SMA. Survey methods included<br />
control sites that consisted of suitable habitat in areas not proposed for development or intended as<br />
mitigation lands in both Los Angeles County and Ventura County. These surveys were conducted<br />
over a five-day period from November 2009 to January 2010 by a biologist familiar with the ecology<br />
of shoulderband snails.
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Surveys for terrestrial gastropods where conducted in a broad array of habitat types, including, but<br />
not limited to, <strong>California</strong> annual grassland, coastal scrub, riparian woodland, riparian scrub, big<br />
sagebrush scrub, mulefat scrub, oak woodland, and chaparral. Surveys focused on suitable<br />
microhabitats within these communities where these species had the potential to occur. Suitable<br />
microhabitats included, but were not limited to, brush and debris piles, rock piles, isolated rocks, leaf<br />
litter, logs, trash/debris piles and other unique features that may provide soil moisture or refugia.<br />
These areas were searched by raking through leaf and stick litter, visually inspecting cracks and<br />
crevices, and turning over objects, such as logs and rocks. Specimens were tentatively identified in<br />
the field, and then sent to Dr. Barry Roth, a Helminthoglypta snail expert located at the <strong>California</strong><br />
Academy of Science in San Francisco, <strong>California</strong>, for positive identification.<br />
“Three native species of shoulderband snails were detected during the surveys, including Southern<br />
<strong>California</strong> shoulderband snail (Helminthoglypta tudiculata cf. H.t. convicta), Vasquez rocks<br />
Shoulderband snail (Helminthoglypta vasquezi), and Grapevine shoulderband snail (Helminthoglypta<br />
uvasana). The first two of these were also found on the Project site. These snails were detected in a<br />
variety of habitat types including <strong>California</strong> annual grassland, coastal scrub, and in riparian areas. All<br />
the snails were found in association with their expected microclimates (i.e., under rocks, in leaf litter,<br />
woody debris piles, under the decaying bases of yucca bushes, and similar moist environments).<br />
“Southern <strong>California</strong> shoulderband snail was found at several locations on and around the proposed<br />
RMDP area (see discussion in revised Section 4.5 of the Final EIS/EIR). These areas included the<br />
Santa Clara River floodplain at the mouth of Potrero Canyon, the mouth of Ayers Canyon, the<br />
Middle Canyon area and the lower San Martinez Grande Canyon. This species was also detected<br />
near the confluence of Piru Creek and the Santa Clara River, approximately 4.8 miles downstream of<br />
the proposed Project. The Southern <strong>California</strong> shoulderband snail range widely through coastal<br />
southern <strong>California</strong> and northwestern Baja <strong>California</strong>, and the snails collected at these localities were<br />
preliminarily identified as the subspecies, H.t. convicta. However based on morphological variations<br />
of the shells, these specimens did not exactly match other H.t. convicta specimens in reference<br />
collections. It is, therefore, possible that these specimens represent a new species of shoulderband<br />
snail; however, additional study of live specimens would be required to determine the taxonomic<br />
relevance of these differences (B. Roth, pers. comm. 2010).<br />
“Vasquez rocks shoulderband snail was detected at several locations on the proposed RMDP Project<br />
area and proposed mitigation sites, including the upper Potrero Canyon area; lower and upper<br />
portions of Salt Creek; the east fork of Salt Creek; the Santa Clara River floodplain at the mouth of<br />
Potrero Canyon, the mouth of Middle Canyon; portions of upper Middle Canyon and the Magic<br />
Mountain Canyon watershed.<br />
“This species was also detected at several locations outside the Project area, including Hasley<br />
Canyon two miles upstream of the Newhall Ranch, Castaic Creek approximately 12 miles northwest<br />
of Newhall Ranch, and the Castaic Junction area, less than one mile northwest of the project area.<br />
This species was previously known only from the type locality at Vasquez Rocks County Park near<br />
Agua Dulce in Los Angeles County. The shells collected in this study also differ in several<br />
morphological characteristics from the type series, but additional study would be required to<br />
determine the taxonomic relevance of these differences (B. Roth, pers. comm.). This detection<br />
extends the known range of this species at least 25 miles west of the type locality and greatly expands<br />
the known distribution of the species.
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“Grapevine shoulderband snail was not detected on the RMDP Project area, but was located in the<br />
Piru Creek floodplain near the confluence with the Santa Clara River west of Santa Paula. This<br />
species was previously known only from the type locality near Fort Tejon State Historical Park in<br />
Kern County. This detection extends the known range of this species at least 42 miles southwest of<br />
the type locality and greatly expands the known distribution of the species. Based on these new<br />
occurrences, this species is expected to also occur on Newhall Ranch.<br />
“The surveys also found other native and non-native snails, including the introduced garden snail<br />
(Helix aspersa), decollate snails (Rumina decollate [sic]) an introduced predatory gastropod sold in<br />
local garden stores, and an aquatic snail belonging to the Family Succineidae a native, cosmopolitan<br />
family not considered rare in <strong>California</strong> by the CDFG.<br />
“The ecology of terrestrial land snails, including shoulderband snails in most of Southern <strong>California</strong>,<br />
is very poorly understood. This may be in part because the species are highly cryptic, extensive<br />
surveys for these groups have not been systematically conducted, and, with the exception of a few<br />
species, are not considered sensitive by CDFG or USFWS. Based on the findings of the surveys<br />
conducted in response to this and other comments, field survey data and preliminary identification of<br />
specimens suggests that at least three or more species of shoulderband snail may occur in the<br />
proposed Project development area and proposed mitigation lands, including the River Corridor<br />
SMA, High Country SMA, and Salt Creek area.<br />
“In addition, the data suggest that the known or expected distribution of these shoulderband species<br />
appears to be much wider than previously thought. For example, Vasquez Rocks shoulderband and<br />
Grapevine shoulderband snails were previously known from much more restricted ranges, but were<br />
both located in the proposed Project development area, proposed mitigation areas, or areas near the<br />
Project area. These occurrences represent range extensions for these two species of 25 and 42 miles,<br />
respectively.<br />
This suggests that some species of shoulderband snails do not appear to be restricted to discrete<br />
locations. Conversely, a review of literature indicates that Trask shoulderband snail occurs across<br />
most of southern <strong>California</strong> and northern Baja <strong>California</strong> Mexico in areas supporting coastal scrub<br />
and chaparral communities. However, this species was not observed during the surveys. Nonetheless<br />
based on the information provided by the surveys, and because a Trask shoulderband shell<br />
(Helminthoglypta traskii) was found in Potrero Canyon in 2005, it is reasonable to conclude that<br />
other helminthoglyptid taxa, including the special-status Trask shoulderband snail, have the potential<br />
to occur on Newhall Ranch.<br />
“If special status Trask shoulderband snails (subspecies traskii) are present in the Project area,<br />
construction of the proposed Project (Alternative 2) or Alternatives 3 through 7 could result in loss<br />
of individual snails through mechanical disturbance or alteration of habitat during vegetation clearing<br />
and/or grading. If present on site, construction of the proposed Project or Alternatives would also<br />
result in the loss of microhabitat occupied by the special status Trask shoulderband snail subspecies,<br />
as well as short-term and secondary effects. Short-term construction-related effect could include<br />
exposure to construction-related dust and ground vibration that could inhibit the species from using<br />
suitable habitat for refugia, foraging, and reproduction. Potential long-term secondary effects this<br />
species may occur, including habitat fragmentation; off-road vehicles; cattle grazing; altered wildfire<br />
regimes; invasive plant species; increased human activity; Argentine ants; other introduced non-native<br />
snails such as decollate snails; increased activity by pet, stray, and feral cats and dogs, and pesticides.
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“These impacts, should they occur, would be considered significant absent mitigation. A variety of<br />
mitigations measures identified in the Draft EIS/EIR would reduce these impacts to less-thansignificant<br />
levels. The key mitigation measures relate to the dedication of the River Corridor SMA,<br />
High Country SMA, and Salt Creek area (Mitigation Measures SP-4.6-23, SP-4.6-37, and BIO-19,<br />
respectively). These mitigation lands total 6,300 acres and provide good quality habitat that could<br />
support special status Trask shoulderband (ssp. traskii) snails, if present, and would be preserved and<br />
managed in perpetuity. These areas contain a suite of topographical features including rocky<br />
outcrops, canyons, and drainages; all features where helminthoglyptid species have been documented<br />
in the literature. In addition, these areas support a variety of vegetation communities and provide<br />
large areas of open space that would allow for gene flow between watersheds or populations.<br />
Additional mitigation measures that would reduce impacts to Trask shoulderband to less than<br />
significant include SP-4.6-1 through SP-4.6-42, SP-4.6-53, SP-4.6-59, SP-4.6-63, BIO-1 through<br />
BIO-16, BIO-19 through BIO-21, BIO-52, BIO-63, BIO-64, BIO-69, BIO-73, and BIO-87.<br />
“Gastropods identified by the CNDDB (CDFG, July 2009) as sensitive or considered sensitive by the<br />
criteria identified for the Draft EIS/EIR, were not detected on the proposed Project site. However,<br />
the results of the surveys and potential impacts to special-status gastropods, including Trask<br />
Shoulderband (ssp. traskii) snail, have been added to the Final EIS/EIR and included for analysis of<br />
impacts.”<br />
All the evidence regarding the status of the Helminthoglypta snails found on Newhall Ranch indicates that<br />
they are indeed rare and impacts to them and their habitat should be considered significant impacts. The<br />
DEIR failed to do this.<br />
Loss of Local Biodiversity Not Assessed<br />
One of the primary objectives of CEQA, in regards to biological resources, is to protect biodiversity. This<br />
general objective can be overwhelming and difficult to quantify, and has often been ignored, as in the case<br />
with the Mission Village DEIR. The loss of local biodiversity is “exceedingly important” from an ecological<br />
and evolutionary perspective (Bond et al. 2006 67 ). This is because population extinction disrupts<br />
fundamental evolutionary and evolutionary processes, which impacts future potential for evolutionary<br />
response and change.<br />
For example, some groups of invertebrates, such as the Mygalomorphae (trapdoor spiders and their kin),<br />
have very long life spans (compared to many invertebrate species), with most species having very specific<br />
habitat requirements (Bond et al. 2006). Disturbances to these habitats may result in local population<br />
extinctions, which in turn may lead to regional extirpation. Since there are many endemic Mygalomorph<br />
species in the Los Angeles Basin, and most of the historic habitats have already been destroyed by urban<br />
and industrial development, the remaining habitats and populations are vital to the continued existence of<br />
local endemic Mygalomorph species. Bond et al. (2006) point to two species of Apomastus that are<br />
threatened with extinction by habitat disturbance and loss.<br />
The DEIR fails to adequately describe the biodiversity of the project site or evaluate the potential changes<br />
or impacts to that biodiversity. This should be rectified.<br />
67 Ibid.
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The vegetation was not mapped or classified to current standards and methods for the Mission Village<br />
project even though the DEIR did use the Alliance and Association labels. However, the definitions for<br />
Alliance and Associations are incorrect, and do not follow the CNPS’ Manual of <strong>California</strong> Vegetation as<br />
found in the second edition (Sawyer et al. 2009 68 ). The Alliance is the vegetation type level that is<br />
emphasized in the Manual 69 , stating, “This level is best for considering vegetation at a regional and<br />
statewide level…”. The Manual goes on to state that the Association level “is best used a the local scale”.<br />
DMEC concurs. The vegetation on Newhall Ranch should have been, and needs to be, mapped and<br />
classified at the <strong>Plant</strong> Association level “because it reflects predictable combinations of plant species that<br />
typically have more local specificity as it applies in certain mountain range or an ecological subsection”.<br />
The vegetation mapping at only the alliance level for Newhall Ranch, and the Mission Village portion of the<br />
Ranch, overly simplifies and undervalues the biodiversity and habitat diversity of the project site.<br />
Besides ignoring the basic need to adequately classify and map the vegetation of the project site, Impact<br />
Sciences misused or misidentified the alliances that were mapped. For example, Table 4.3-3 on page 4.3-46<br />
lists “<strong>California</strong> annual grassland” as the first entry under the heading “Floristic Alliance”. The Manual does<br />
not have such an alliance listed/described. Rather, Impact Science’s <strong>California</strong> annual grassland best fits the<br />
group – <strong>California</strong> annual form/grass vegetation (page 1,232 of the Manual in Appendix 3), which is part of<br />
the <strong>California</strong> Annual and Perennial Grassland Macrogroup (MG045). That group includes seven<br />
described alliances.<br />
Of the 104 grassland associations (including 12 alliances without named associations) listed by CDFG’s<br />
CNDDB (2010 70 ) on its Hierarchical Natural Communities list, 71 are considered sensitive. Statistically, the<br />
probability of one or more sensitive grassland associations occurring on Newhall Ranch is very high. One<br />
of the alliances/associations listed by CDFG as sensitive in its Natural Communities list is Leymus<br />
condensatus Alliance (Leymus condensatus Association), which almost certainly occurs on Newhall Ranch.<br />
The DEIR missed this entirely.<br />
As stated on CDFG’s website 71 , the CNDDB includes “…350 alliances, 2140 associations, 82 provisional<br />
alliances, 66 provisional associations, 96 semi-natural stands, 15 stand types (within semi-natural category),<br />
and 15 special stands”.<br />
The vegetation of the project site needs to be remapped and classified at the Association level to be able to<br />
determine which, and how much of each, sensitive plant association occurs onsite and how much would be<br />
adversely affected by the proposed project.<br />
Grasslands<br />
Page 4.3-55 of the DEIR states that the grasslands onsite are “Non-native Grassland” when referring to<br />
<strong>California</strong> Annual Grassland, as described in the CNPS’ 1 st edition of its Manual of <strong>California</strong> Vegetation<br />
68<br />
Sawyer, J.O., T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of <strong>California</strong> Vegetation. Second Edition. <strong>California</strong><br />
<strong>Native</strong> <strong>Plant</strong> Society, Sacramento, <strong>California</strong>.<br />
69 rd<br />
Ibid. page 11, 3 paragraph.<br />
70<br />
CDFG. 2010. Natural Communities – List. (September 2010.).<br />
http://www.dfg.ca.gov/biogeodata/vegcamp/natural_comm_list.asp<br />
71<br />
CDFG’s Biogeographical Data webpage for Natural Communities List:<br />
http://www.dfg.ca.gov/biogeodata/vegcamp/natural_comm_list.asp
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(Sawyer & Keeler-Wolf 1995 72 ), listing numerous nonnative grass and forb species without recognizing or<br />
identifying the many species of native annual and perennial plant species that occur in almost all variations of<br />
<strong>California</strong> Annual Grassland. This characterization is a mischaracterization of the true ecological nature and<br />
value of the annual grasslands found on Newhall Ranch. For example, the DEIR states on pages<br />
�� 4.3-62 that a number of raptors and other birds are found in grasslands onsite;<br />
�� 4.3-65 that [rare] native shoulderband snails were found in grassland habitats onsite;<br />
�� 4.3-72 that the listed plant, San Fernando Valley Spineflower, occurs in these grasslands onsite;<br />
�� 4.3-75 that Slender Mariposa Lily occurs in grasslands;<br />
�� 4.3-77 that Pierson’s Morning-glory occurs in grasslands onsite;<br />
�� 4.3-79, Table 4.3-4, lists grasslands as habitat for a number of special-status plant species;<br />
�� Table 4.3-5 lists grasslands as habitat for a number of special-status wildlife species;<br />
�� Page 4.3-191 states that grasslands onsite are habitat to the Western Spadefoot Toad; and<br />
�� Pages 4.3-195-6 state that grasslands onsite are habitat for Coast Horned Lizard.<br />
The fact that the DEIR includes the SFVS, which during some years has over 1,000,000 plants present at<br />
one time in areas mapped as Non-native Grassland (as stated on page 4.3-55) exemplifies the gross<br />
generalization and minimalization of the species richness and sensitivity of the herbaceous vegetation types<br />
present on Newhall Ranch and in the Mission Village development area. Those areas that are seasonably<br />
dominated or characterized by SFVS should be classified as Chorizanthe parryi Alliance as just one<br />
example of how the grassland vegetation should be classified and mapped, as was actually done and<br />
illustrated on Figure 4.3-6.<br />
Page 4.3-142, Table 4.3-8, states that 80% (66.1 acres) of grassland habitats will be disturbed/developed by<br />
the proposed project.<br />
Page 4.3-146 of the DEIR then concludes that since the Non-native grasslands onsite are not considered<br />
sensitive habitats by CDFG, the loss of 80% of this habitat type onsite would not be a significant impact. In<br />
reality, the grasslands onsite, if properly characterized and mapped, would show an entirely different<br />
situation, one that identifies the importance and significance of annual grasslands onsite and that the loss of<br />
a substantial portion of that habitat would indeed be considered a significant impact.<br />
Impacts to “Common” <strong>Plant</strong> Communities<br />
The DEIR, page 4.3-417, suggests that several common plant communities impacted by the project would<br />
be considered less than significant because there is a lot of these types in the region. However, the basis for<br />
Impact Science’s conclusions are flawed because they relied upon very coarse data, the Gap Analysis for the<br />
Southwest Region (Davis et al. 1995 73 ). While that study provides useful data from a regional perspective<br />
(much greater than for the Santa Clara Valley region), the coarseness of the mapping and classification<br />
makes it inappropriate to use for comparisons at the project scale, as it has large errors of omission and<br />
commission. Furthermore, the Gap Analysis did not capture the very high plant community (vegetation<br />
alliance and association) diversity found in the region, and on the project site. It is not apparent that Impact<br />
Sciences examined the metadata or attribute tables for the Gap Analysis vegetation polygons as each<br />
72 Sawyer, J.O., and T. Keeler-Wolf. 1995. A Manual of <strong>California</strong> Vegetation. <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, Sacramento,<br />
<strong>California</strong>, in collaboration with <strong>California</strong> Department of Fish and Game, Sacramento, <strong>California</strong>.<br />
73 Davis, F.W., P.A. Stine, D.M. Stoms, M.I. Borchert, and A.D. Hollander. 1995. Gap Analysis of the Actual Vegetation of<br />
<strong>California</strong>: 1. The Southwestern Region. Madroño 42(1):40-78.
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polygon includes information about the dominant species, as well as the dominant species of the major<br />
unmapped inclusions of other plant communities.<br />
To make the DEIR’s arguments even less valid is the fact that the acreage values of developed lands within<br />
the Santa Clara River watershed have increased dramatically since 1998, the date of the Santa Clara River<br />
floodplain study. It does not appear that Impact Sciences took all those acres of habitat converted to urban<br />
and industrial uses since the 1998 study, which makes their calculations erroneous and minimizes the near<br />
historic losses of habitat in the region of the project site. The impact of the Mission Village development to<br />
natural habitat is much greater, from a cumulative perspective, then stated in the DEIR.<br />
As another example of the caution that must be taken when using the Gap Analysis mapping, the large area<br />
in northwestern Ventura County as Agricultural Lands (on Figure 4.3-19) is an error. This is the San<br />
Emigdio Mesa, a large native grassland area in the Chumash Wilderness of the Los Padres National Forest.<br />
It has never been farmed; however, it has been grazed historically. A comparison of this area with recent<br />
aerial photography, such as available through Google Earth, would provide evidence to a trained aerial<br />
photo interpreter, as well as most laymen, that the area has never been farmed.<br />
Inadequacy of Mitigation Measures<br />
DMEC found numerous deficiencies in the mitigation plans and found that many of proposed plans would<br />
result in both direct and indirect potentially significant impacts to biological resources onsite.<br />
Inadequacy of the RMDP/SCP & EIS/EIR<br />
Various proposed mitigation measures included in the Mission Village DEIR refer to the Newhall Ranch<br />
Management and Development Plan and the Spineflower Conservation Plan (RMDP/SCP) 74 . As previously<br />
stated in a comment letter to the <strong>California</strong> Department of Fish and Game (CDFG) on behalf of the FSCR<br />
in response to the RMPD/SCP and EIS/EIR, DMEC found the mitigation measures given to be insufficient<br />
resulting in plans that would lead to impacts to biological resources onsite.<br />
In summary, DMEC (2009 75 ) found that the RMPD/SCP & EIS/EIR failed to adequately assess all projectrelated<br />
impacts to the biological resources onsite and failed to provide adequate and/or feasible mitigation to<br />
reduce the significant impacts to a level of less than significant. The proposed SPC fails to protect SFVS<br />
occurrences and would put it at risk of extinction, or at least local extirpation in the long term. Other<br />
specific issues covered in this comment letter included: the inadequacy of the assessment of Newhall Ranch<br />
biological resources; the inadequacy of the assessment of special-status species; the inadequacy of impact<br />
assessment on wetland resources and functions; the feasibility of wetland mitigation plan; and feasibility of<br />
the SCP. A copy of DMEC’s 2009 comment letter on the RMPD/SCP & EIS/EIR is attached as an<br />
appendix to this letter and incorporated herein. Many of the same issues have also been restated in this<br />
letter due to their relevance to the issues raised in the Missoin Village DEIR.<br />
74<br />
Dudek. 2009. Newhall Ranch Resource Management and Development Plan and Spineflower Conservation Plan and<br />
EIS/EIR. 4.5 & Apx 1 (April 2009)<br />
75<br />
<strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>. 2009. Comments on Newhall Ranch Resource Management and Development<br />
Plan and Spineflower Conservation Plan and EIS/EIR. 25 August 2009. Ojai, <strong>California</strong>. On behalf of the Friends of the<br />
Santa Clara River, <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, and Sespe Institute, Inc.
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The RMPD/SCP & EIS/EIR had not been certified by the CDFG by the time the Mission Village DEIR<br />
was released, as only the draft SCP has been issued to date. CDFG certified the SCP EIR only on 3<br />
December 2010, and DMEC’s clients will file a CEQA and CESA legal challenge on that decision in early<br />
January 2011. Therefore, there is no legitimate mitigation plan that would compensate for the proposed<br />
impacts to Special-status species and waters of the U.S.<br />
Exotic Wildlife Species Control Plan<br />
Mitigation Measure MV 4.3-29 (page 4.3-345) states: “The project applicant will retain a qualified biologist<br />
to develop an Exotic Wildlife Species Control Plan and implement a control program for bullfrog, African<br />
clawed frog, and crayfish… After the first 5 years, the NLMO or other entity will be responsible for<br />
controlling exotic aquatic species.”<br />
Mitigation Measure MV 4.3-48 (page 4.3-353) states: “Upon completion of landscaping within a<br />
development area, quarterly monitoring shall be initiated for Argentine ants along the urban–open space<br />
interface at sentinel locations where invasions could occur (e.g., where moist microhabitats that attract<br />
Argentine ants may be created)… After the first 5 years, the NLMO or other entity will be responsible for<br />
controlling Argentine ants.”<br />
There is no biological evidence presented that the ecological threats posed by the Argentine Ant and species<br />
included in the Exotic Wildlife Species Control Plan will end after 5 years. There are no enforcement and<br />
funding provisions for continuation of the Exotic Wildlife Species Control Plan and Argentine Ant control<br />
beyond 5 years. These mitigation measures must assume as a baseline condition that exotic wildlife control<br />
will be required in perpetuity and require an endowment of adequate financial resources needed for<br />
perpetual implementation of the Exotic Wildlife Species Control Plan.<br />
These mitigation measures will not continue in perpetuity as there function beyond 5 years is essentially<br />
terminated with the vague statement that “after the first 5 years, the NLMO or other entity will be<br />
responsible for controlling Argentine ants”. The mitigation measures must have explicit funding and<br />
enforcement of Argentine Ant and exotic wildlife species control programs that will continue in perpetuity.<br />
As constructed, the mitigation measures absolve the project applicant of responsibility for fully mitigating<br />
the impacts of Argentine Ant and exotic wildlife species, which must be assumed to be a permanent impact<br />
and not one that will be resolved in 5 years.<br />
In the absence of clear language that these mitigation measures will be continued and adequately funded in<br />
perpetuity, Mitigation Measures MV 4.3-29 and MV 4.3-48, will not reduce the impacts that they address<br />
to less-than-significant levels and the many impacts that depend on these mitigation measures will not be<br />
reduced to less than significant levels as the project applicants claim.<br />
WETLANDS<br />
Wetlands, focusing only on wetlands under the jurisdiction of the Corps, are discussed starting on page 4.3-<br />
133 of the DEIR). The area and types of wetlands on the Mission Village project site are derived entirely<br />
from a 2007 wetland delineation performed by URS, and then by Glenn Lukos Associates in 2008, and a<br />
revised preliminary delineation was prepared in mid-2010. There was no effort to identify all wetlands that<br />
were not under the Corps’ jurisdiction. The Clean Water Act regulations focus the Corps’ jurisdiction<br />
narrowly and excludes a wide range of wetlands that the State and ecologists recognize. The GLA
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delineation did include riparian areas that are also under CDFG permit authority; however, these two<br />
agencies do not require permits for work within/modification to all types of wetlands. This is a major flaw<br />
in the CEQA assessment of project-related impacts to wetlands, focusing only on wetland types for which a<br />
permit is required to do work within or disturb in some fashion.<br />
The wetlands assessment in the Mission Village DEIR primarily refers to the Resource Management<br />
Plan/Spineflower Conservation Plan DEIR/EIS.<br />
The Mission Village project is estimated to impact (Table 4.3-9 on page 4.3-144):<br />
�� 1.6 acres of 4.0 acres of herbaceous wetlands (page 4.3-59);<br />
�� 19.7 acres of 115.1 acres of River Wash waters/wetland;<br />
�� 0.5 acre of 0.5 acre of Alluvial Scrub wetlands;<br />
�� 22.3 acres of 24.6 acres of riparian Big Sagebrush Scrub wetland;<br />
�� 0.1 of 55.6 acres of Giant Reed wetland;<br />
�� 6.9 acres of 7.6 acres of Arrow Weed wetlands;<br />
�� 5.6 acres of 5.8 acres of Mexican Elderberry Riparian Scrub wetlands;<br />
�� 2.8 acres of 2.8 acres of Mulefat Scrub wetlands;<br />
�� 0.7 acre of 1.5 acres of Southern Willow Riparian Scrub wetlands; and<br />
�� 28.8 acres of 109.2 acres of Fremont Cottonwood Riparian Forest wetlands.<br />
That is a total of 89 acres of jurisdictional wetlands that will be impacted, most of it permanently, to<br />
accommodate over 1,400 acres of non-water-dependent urban development uses.<br />
Several mitigation measures are proposed for wetland habitats to be created or enhanced as mitigation for<br />
wetlands destroyed by the Newhall Ranch project. Mitigation measures specifically pertaining to wetlands<br />
are detailed on Pages 4.5-1,975-1,982 under mitigation measures BIO-1 through BIO-16 in Section 4.5<br />
(Biological Resources) of the EIS/EIR.<br />
Page 4.3-151 of the DEIR states: “Further, the River Corridor SMA/SEA 23 (totaling 977.5 acres) would<br />
be protected in perpetuity. Combined, these measures would reduce the project impacts on riparian habitat<br />
to below a level of significance. This finding is consistent with the findings of the Newhall Ranch Final<br />
Additional Analysis (May 2003).” Claiming that implementation of the previously adopted and<br />
recommended mitigation measures will reduce the impacts to a less-than-significant level is not supported<br />
by the evidence. As clearly stated by DMEC previously and by the EPA in its comment letter on the SCP<br />
DEIR/EIS, the approach used and mitigations proposed are not even close to sufficient to reduce projectrelated<br />
direct and indirect impacts to wetland functions at Newhall Ranch.<br />
For example, development of a “conceptual mitigation plan” is not mitigation as defined by CEQA, it is a<br />
plan, a study. There must be details provided on how it will accomplish the goal of reducing the larger<br />
variety of impacts to wetland functions before it can meet the high test of reducing impacts to a less-thansignificant<br />
level.<br />
Specific issues/problems with this approach are discussed below.<br />
Appropriate Taxa for Mitigation <strong>Plant</strong> Palettes<br />
The mitigation measures section of Section 4.5 mentions that all detailed wetlands mitigation plans must<br />
include several specific elements as outlined in the Comprehensive Mitigation Implementation Plan (page
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4.5-1,975). Element (2a) must outline the quantity (seed or nursery stock) and species of plant to be<br />
planted (all species to be native to region). Any mitigation plant palette should also require that all seeds,<br />
propagules, and plantings come from the appropriate taxonomic stock (e.g. species, subspecies, variety)<br />
endemic to the mitigation site. A qualified biologist should be required to verify that taxonomically<br />
appropriate vegetation stock is being used before any work on the mitigation project starts.<br />
Definition of “Self-sustaining” for Monitoring Success Needed<br />
Proposed mitigation measure BIO-3 (page 4.5-1,977) concerns the creation of new vegetation communities<br />
and restoration of impacted vegetation communities. BIO-3 states: “All [mitigation] sites shall contain<br />
suitable hydrological conditions and surrounding land uses to ensure a self-sustaining functioning riparian<br />
vegetation community”.<br />
The concept of mitigation sites being “self-sustaining” is thus a key component for measuring success of<br />
mitigation projects and determining completion of the project applicant’s responsibilities. Measure BIO-6<br />
(page 4.5-1,978) details the success criteria upon which “completion” of the revegetation site will be<br />
determined. The first criterion listed is, “Regardless of the date of initial planning, any restoration site must<br />
have been without active manipulation by irrigation, planning, or seeding for a minimum of three years prior<br />
to Agency consideration of successful completion”. This criterion is the closest thing to a definition for<br />
“self-sustaining” that can be found in the mitigation measures.<br />
All monitoring plans must contain a biologically meaningful definition of “self-sustaining” with which to<br />
measure the success of each proposed mitigation project. The definition of “self-sustaining” should be<br />
defined based on measurable biological standards derived from reference sites directly comparable to the<br />
type of wetland being mitigated for.<br />
It seems likely that a biologically meaningful definition of “self-sustaining” could require monitoring the<br />
ecological functioning of mitigation sites for an extended period of time. For example, measure BIO-15<br />
concerns guidelines for establishing healthy populations of riparian trees at mitigation sites. This measure<br />
states (page 4.5-1,982) that “the growth and survival of the planted trees shall be monitored until they meet<br />
the self-sustaining success criteria in accordance with the methods and reporting procedures specified in<br />
BIO-6, BIO-7, BIO-11, and BIO-12”. A biologically meaningful definition of “self-sustaining” for longlived<br />
riparian tree species may require monitoring for several years.<br />
The proposed mitigation measures do not seem to account for the possibility that monitoring could be<br />
required for many years into the future. DMEC suggests that the project applicant be required to endow an<br />
ecological monitoring position (or positions as needed) to ensure that all wetland mitigation sites are<br />
biologically self-sustaining. The size of the endowment needed should be commensurate to the time-scale<br />
needed for monitoring to assure that the wetland mitigation sites are self-sustaining.<br />
Eliminate Loophole for Modifying Mitigation Success Criteria<br />
Measure BIO-6 (page 4.5-1,978) states, “In a sub-notification letter, the applicant may request modification<br />
of success criteria on a project by project basis. Acceptance of such request will be at the discretion of<br />
CDFG and the Corps”.<br />
This language raises concerns that the biological criteria for success of any given mitigation project could<br />
retroactively be changed for any unspecified reason. DMEC recognizes that biological systems are dynamic
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and that initial conditions for success criteria may be altered by unforeseeable changes in the biological<br />
nature of the mitigation project. However, DMEC suggests that any request for modification of previously<br />
agreed upon success criteria for wetland mitigation projects must be prepared and submitted by a qualified<br />
biologist and available for public review to assure that success criteria are modified only for scientifically<br />
valid reasons.<br />
Inappropriate Use of Invasive Exotic Species as Habitat Creation Mitigation<br />
BIO-9 (page 4.5-1,979) states, “As an alternative to the creation/restoration of vegetation communities to<br />
compensate for permanent removal of riparian vegetation communities, in the Santa Clara River, the<br />
applicant may control invasive exotic plant species within the Upper Santa Clara River Sub-Watershed for a<br />
portion of the Santa Clara River mitigation required under BIO-2”.<br />
There is no scientific, logistical, or any other reasoning or justification given as to why the project applicant<br />
should be relieved of any of their responsibility for mitigating the loss of ANY permanent removal of<br />
riparian vegetation communities. While control of invasive plants is an important goal, the project applicant<br />
should not be relieved of any of their obligations without valid scientific explanation.<br />
Use of RestorationAreas as Mitigation Banks<br />
BIO-13 (page 4.5-1,981) states, “Nothing in the section 404 or section 2081 Permit or section 1605<br />
agreement shall preclude the applicant from selling mitigation credits to other parties wishing to use those<br />
permits or that agreement for a project and/or maintenance activity included in the permits/agreement”.<br />
DMEC’s interpretation of this language is that the project applicant may intend to use the restored areas<br />
required for their project mitigation as a mitigation bank at some point in the future. If this interpretation is<br />
correct, then DMEC would argue that this practice should be prohibited as it would constitute “doubledipping”<br />
by the project applicant to profit twice-over from their required mitigation activities.<br />
Establishing Accounting System for Wetland Mitigation Requirements<br />
BIO-11 concerns the establishment of an accurate and reliable accounting system for mitigation. In this<br />
measure, the project applicant dictates the terms by which the Corps and CDFG will respond to the annual<br />
reporting of mitigation credits by the project applicant. This dictation of terms by the project applicant,<br />
while perhaps understandable from the perspective of project efficiency, is inappropriate. The project<br />
applicant should not be allowed to dictate the terms by which the mitigation accounting system will be<br />
developed and implemented.<br />
Improper Impact Assessment of “Giant Reed” Habitat<br />
Page 4.3-253 of the DEIR states that, “Giant Reed” is a plant community that would be significantly<br />
impacted by the project: “Giant Reed (42.080.00). The project site contains 5.6 acres of giant reed. The<br />
proposed project would not result in the permanent conversion of giant reed; however, 0.1 acre would be<br />
temporarily disturbed by bank stabilization and/or haul roads, but would be revegetated following<br />
completion of construction. Of the total acreage present within the boundaries of the River Corridor
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SMA/SEA 23, 0.1 acre would be temporarily disturbed. Given the riparian nature of this plant community,<br />
the impacts to giant reed would be significant.”<br />
Giant Reed is Arundo donax, an invasive exotic plant. Conserving this plant community directly contradicts<br />
several mitigation measures that require eliminating this plant. Mitigation Measure MV 4.3-36 (page 4.3-<br />
349) states that revegetation plans will not be considered complete unless Giant Reed (Arundo donax) is<br />
completely absent from the vegetation restoration site. Mitigation Measure SP 4.6-11 (page 4.3-288)<br />
defines removal of Giant Reed as part of “habitat enhancement”. Mitigation Measure SP 4.6-15 (page. 4.3-<br />
289) calls for the elimination of Giant Reed.<br />
The DEIR should require that the entire 5.5 acres of Giant Reed should be restored to appropriate wetland<br />
habitats as a condition of project approval.<br />
Impacts to Santa Clara River and<br />
Inadequacy of Wetland Mitigation Measures<br />
The Mission and Landmark Village project sites are located directly adjacent to the Santa Clara River.<br />
Several mitigation measures are proposed for wetland habitats to be created or enhanced as mitigation for<br />
wetlands destroyed by the Mission Village project.<br />
EPA Recommends Denial of the RMDP/SCP Project<br />
In a comment letter 76 addressed to the Corps, the U.S. <strong>Environmental</strong> Protection Agency (EPA) responded<br />
to the public notice of the Newhall Ranch Management and Development Plan. A copy of EPA’s letter has<br />
been attached as an appendix to this letter and is incorporated herein. The EPA letter states:<br />
“[T]he Santa Clara River is Southern <strong>California</strong>’s longest free-flowing river. The Santa Clara is<br />
home to 12 federally endangered plant and animal species and another 25 species of special<br />
concern. The river also supports an aquifer that provides drinking water to half of the residents<br />
in the Santa Clarita Valley. For these reasons, we are defining the Santa Clara River as an<br />
aquatic resource of national importance. Several of the drainages in the Newhall Ranch project<br />
area are significant tributaries to the Santa Clara River that provide important watershed<br />
functions (e.g., aquatic habitat, water and sediment supply and retention, and groundwater<br />
recharge). Modifications of these tributaries have the potential to cause adverse impacts to the<br />
Santa Clara River. Given the available information and the potential impacts to the Santa Clara<br />
River and its tributaries, EPA has determined that the project as presently proposed may result<br />
in significant and unacceptable impacts to aquatic resources of national importance and<br />
therefore recommends denial of the project. This letter follows the field level procedures<br />
outlined in the August 1992 Memorandum of Agreement between the EPA and the Department<br />
of Army, Part IV, paragraph 3(a) regarding section 404(q) of the CWA.”<br />
The Corps must approve the project under the regulations of the Clean Water Act. As a result of the EPA’s<br />
opposition (which has oversight authority over the Corps on the Clean Water Act), the authors of the DEIR<br />
cannot rely on the Corps previous permit application as EPA has stated strongly that it is inadequate.<br />
76 United State <strong>Environmental</strong> Protection Agency (EPA). 2009. Pubic Notice (PN) 2003-01264-AOA for the proposed<br />
Newhall Ranch Management and Development Plan, Los Angeles County, <strong>California</strong>. (24 August 2009)
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Potentially Significant Impacts the Santa Clara River and Tributaries<br />
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The Santa Clara River is an important river not only on a regional and statewide level, but also on a national<br />
level. In the EPA letter referenced above it states; “The Santa Clara River is an Aquatic Resource of<br />
National Importance (ARNI) because it is Southern <strong>California</strong>’s longest free-flowing river and is home to<br />
12 federally endangered plant and animal species plus another 25 species of special concern. The River also<br />
supports an aquifer that provides drinking water to half of the residence in the Santa Clarita Valley.”<br />
DMEC believes that the mitigation measures given to address these losses in both Corps and CDFG<br />
jurisdictional wetlands are inadequate and will still result in significant impacts that are not fully mitigated.<br />
Mitigation Rule Not Followed<br />
There is no approved (by the Corps) compensatory mitigation plan that would compensate for the proposed<br />
impacts to waters of the U.S. To deem a Section 404 application complete, there must be a compensatory<br />
mitigation plan in place. Without an accepted mitigation plan in place, there is not enough information;<br />
therefore, it is premature to say whether the mitigated impacts will be below the level of significance.<br />
However, we can comment on the suggested mitigation measures included in this and other draft reports<br />
made available by the applicant.<br />
As previously stated in this letter, the RMPD/SCP & EIS/EIR has not been approved under the regulations<br />
of the Clean Water Act by the Corps or EPA. Therefore, an accepted/approved compensatory mitigation<br />
plan that would compensate for the proposed impacts to waters of the U.S. is lacking, and it is highly<br />
presumptuous for Newhall Ranch to assume that their application and proposed mitigation plan would be<br />
approved by the regulatory agencies, particularly since the EPA has found the EIS prepared by the Corps<br />
for the project inadequate.<br />
Any mitigation plan must fully assure to replace in-kind losses. The removal of invasive plants is not an<br />
accurate way of mitigating the impacts to waters/wetlands of the U.S. While the removal of such species is<br />
beneficial, this actions in no way replaces the lost of functions of lost waters/wetlands. The losses must be<br />
replaced in-kind; therefore, there should be equivalent vegetation created before the mitigation would be<br />
considered adequate.<br />
A compensatory mitigation plan cannot be created until the impacts to jurisdictional waters are accurately<br />
assessed, which they are not currently.<br />
Jurisdictional Waters Not Properly Assessed<br />
A major criticism of a previous project document submitted by the project applicant, the Landmark Village<br />
DEIR 2007 77 , was that impacts to wetland functions were not adequately addressed (DMEC 2007, page<br />
11). The suggestion was made that the Hydrogeomorphic (HGM) method (Smith et al. 1995) could be<br />
used to objectively determine and measure wetland functionality and assessment of project-related impacts<br />
to wetland functionality in the project area.<br />
77 DMEC. 2007. Landmark Village Draft EIR Comments. (30 January 2007)
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DMEC suggests that our comments on the use of adequate wetland determination be readdressed with our<br />
current position that a new wetland assessment is needed in order to measure current riparian functions and<br />
project related impacts.<br />
The investigators of wetland assessment for the Newhall SCP EIS/EIR have used a modified version of the<br />
HGM method to assess baseline wetland functionality and estimate project-related impacts to this<br />
functionality on the project site. They call their methodology the Hybrid Assessment of Riparian Condition<br />
(HARC). The details of what the HARC is, justifications for its use, and how it is implemented to measure<br />
wetland functionality are discussed on page 4.6-32-4.6-37 in Section 4.6 (Jurisdictional Waters and<br />
Streams) of the SCP EIS/EIR.<br />
The assumptions and methods used to develop and implement the HARC appear sound on the surface. The<br />
SCP EIS/EIR authors state that it can be used to determine both baseline wetland functionality and<br />
estimated project impacts to this functionality.<br />
For whichever project alternative is adopted, DMEC recommends requiring that the HARC or comparable<br />
HGM methodology be used to estimate baseline wetland functionality and the mitigation needed to create<br />
or restore equivalent functionality to impacted wetlands. All of the assumptions, implementation<br />
procedures, and outputs of the HARC or comparable methodology must be made available for external<br />
review by the public to ensure that the process is transparent and the results are scientifically valid.<br />
DMEC also stated in our previous comment letter: “URS’s wetland delineation was verified by the U.S.<br />
Army Corps of Engineers (Corps) on 4 February 2004” (DMEC 2007 78 , page 10). We suggested that the<br />
wetland delineation be updated to show current conditions since verifications are only valid for a period of<br />
two (2) years, per Clean Water Act regulations and Corps policy, especially since the current riparian<br />
functions since the 2005 flood event would have surely altered the riparian areas along the Santa Clara<br />
River.<br />
DMEC reaffirms the suggestion and advises that the Corps requests reverification of jurisdictional waters<br />
for Section 404(b)(1) Permit authorization. A mitigation plan cannot be created until the impacts to<br />
jurisdictional waters are properly assessed. No application should be deemed complete until it is clear<br />
where the jurisdictional waters/wetland boundaries are onsite and then appropriate mitigation measures can<br />
be determined for the proposed impacts.<br />
Proposed Buffered Size Inadequate<br />
The DEIR suggests that riparian buffers along the Santa Clara River should range from a minimum of 100<br />
to 150 feet in width, depending on the quality of the upland habitat (a larger buffer width required if the<br />
upland habitat is of low quality). This suggestion was partially based on a study by Impact Sciences<br />
(1997 79 ) that focused on bird, in which vegetation analyses, focused bird surveys, and small mammal<br />
trapping along the Santa Clara River and adjacent uplands were conducted. However, in their analysis of<br />
the appropriate buffer width, the focus was partially based on the riparian bird and small mammal use of<br />
high and low quality upland habitat and upland/riparian ecotone.<br />
78 DMEC. 2007. Landmark Village Draft EIR Comments. (30 January 2007)<br />
79 Impact Sciences, Inc. 1997. North Valencia Annexation Buffer Study. Draft. Prepared for Newhall Land and Farming<br />
Company (April 28, 1997)
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While protecting quality wildlife habitat is essential in determining adequate buffer size, it is only represents<br />
one element of the functions and characteristics of riparian buffers. DMEC believes in order to determine<br />
buffer width, you must also look at filtration (nitrogen, phosphorous, and other contaminants), reduction in<br />
erosion and sedimentation, other factors influencing aquatic habitat (woody debris, liter, temperature, and<br />
light), and the social and cultural aesthetics values places on riparian areas.<br />
As DMEC 80 suggested in its critique of the previous project DEIR, HGM methods should be used to<br />
quantify and qualify riparian functions. The widths of buffers needed to maintain wetland functions vary<br />
considerably based on the specific function under consideration. Since HGM is a holistic approach,<br />
identifying and measuring 14 different wetland functions, the buffer width that protects all wetland functions<br />
would be identified and recommended.<br />
Robins 81 (2002) reviewed the scientific literature on the buffer widths along riparian ecosystems that are<br />
needed to conserve specific riparian ecosystem functions. He found that a 300-foot-wide buffer zone likely<br />
encompasses enough area for conserving many riparian ecosystem functions. A 300-foot-wide buffer zone<br />
is likely adequate for maintaining channel complexity (stream meander and inputs of large wood debris to<br />
the riparian watercourse), filtration of sand and silt, removal of fecal coliform, and moderation of water<br />
temperature and microclimate (e.g. provision of shade and control of summer stream temperatures essential<br />
for maintaining the population dynamics of salmonid fishes). In a review of the effect of riparian buffer<br />
width on nitrogen removal, Mayer et al. 82 (2006) noted that riparian buffers greater than 50 meters (150<br />
feet) were the most consistent in removing significant amounts of nitrogen entering the riparian ecosystems<br />
studied.<br />
Riparian ecosystem buffers provide habitats for many species of plants, reptiles, birds, and mammals.<br />
Robins (2002) notes that 60% of amphibian species, 16% of reptiles, 34% of birds, and 12% of mammals in<br />
the Pacific Coast ecoregion are classified as “riparian obligate” species (i.e. are dependent on riparian<br />
ecosystems, such as the Santa Clara River, for their survival). In <strong>California</strong>, more than 225 species of<br />
mammals, birds, reptiles, and amphibians are dependent upon riparian ecosystems for their survival (RHJV<br />
2004 83 ). As the ecological needs of plant and animal species varies widely, Robins found a wide variety of<br />
buffer widths cited as necessary for maintenance of species in riparian ecosystems. The consensus of the<br />
scientific studies reviewed by Robins is that a 300-foot-wide buffer zone is likely adequate for protecting a<br />
wide variety of plant and animal species. Among the specific recommended buffer width/ranges cited by<br />
Robins for conserving habitat for specific groups are 160 feet or greater for riparian mammal habitat, 98-<br />
540 feet for reptile and amphibian habitat, 130-1,600 feet for bird habitat, and 30-100 feet for riparian<br />
ecosystem plant diversity. For bird habitat the recommended buffer width applies specifically to breeding<br />
bird communities in bottomland heartwoods, an ecosystem type found in the Southeastern U.S. and not<br />
typical of the Santa Clara River. The majority of bird habitat studies related to riparian buffer width<br />
reviewed by Robins recommend a buffer width/range of 130-325 feet for adequately conserving bird<br />
habitat.<br />
80 DMEC. 2007. Landmark Village Draft EIR Comments. (30 January 2007)<br />
81 Robins, James D. 2002. “Stream Setback Technical Memo” 26. Napa, <strong>California</strong>: Jones & Stokes Associates, Sacramento,<br />
<strong>California</strong>.<br />
82 Mayer, P.M., S.K. Reynolds, M.D. McCutchen, and T.J. Canfield. 2006. Riparian Buffer Width, Vegetative Cover, and<br />
Nitrogen Removal Effectiveness: A Review of Current Science and Regulations. EPA/600/R-05/118. Cincinnati, OH,<br />
U.S. <strong>Environmental</strong> Protection Agency.<br />
83 RHJV (Riparian Habitat Joint Venture). 2004. The Riparian Bird Conservation Plan. <strong>California</strong> Partners in Flight. Version<br />
2.0. http://www.prbo.org/calpif/pdfs/riparian_v-2.pdf
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
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DMEC<br />
Therefore, DMEC recommends a 300-foot-wide buffer zone for the Santa Clara River, which is consistent<br />
with the above discussion on protecting a number of riparian functions. For the main and secondary<br />
tributaries, DMEC recommends a 100-foot-wide buffer zone. This is in contrast to the 50-foot-wide buffer<br />
as recommended by Impact Sciences (1997 84 ) for the main tributaries, and the 25-foot buffer for the<br />
secondary tributaries. Those narrower buffer zones are simply too narrow to provide adequate protection<br />
for most of the 14 riparian wetland functions, as identified by the two southern <strong>California</strong> HGM riverine<br />
regional models (Lee et al. 2001 85 , Lee et al. 2003 86 ).<br />
Preservation of a buffer zone around main tributaries, high-gradient streams, is important because these<br />
streams are the first point where sediments, nutrients, and potential contaminants enter the riparian<br />
ecosystem (Robins 2002). The majority of studies on sediment and nutrient removal by riparian buffers<br />
cited by Robins recommend that buffer widths should be in the range of 30-100 feet to maintain this<br />
essential riparian ecosystem function. This finding is consistent with the recommended 100-foot-wide<br />
buffer for the high-gradient stream tributaries of Santa Clara River. Furthermore, for example, the Ventura<br />
County General Plan includes a policy establishing a 100-foot-wide riparian wetland buffer zone.<br />
As stated above, Impact Sciences suggests that riparian buffer widths should range from a minimum of 100<br />
to 150 feet, depending on the quality of the upland habitat. In which “a larger buffer width required if the<br />
upland habitat is of low quality”. Buffers to riparian wetlands need to be set at 300 feet, as shown by<br />
Robbins (2002) to adequately buffer most of the 14 wetland functions, as identified by Smith (1995) and<br />
Lee et al. (2001, 2003).<br />
The DEIR also states that habitat enhancement in areas where the buffer is narrower could compensate for<br />
the smaller buffer. Thus, habitat enhancement in areas where the buffer is narrower could compensate for<br />
the smaller buffer. As previously stated, DMEC believes that removal of invasive plants is not an accurate<br />
way to mitigating the impacts to waters/wetlands of the U.S.<br />
Inadequate Attention Paid to Federal Floodplain Development Policy<br />
in Analyzing Project Alternatives<br />
The Mission Village project described in the DEIR would result in the net loss of the 100-year floodplain of<br />
the Santa Clara River. In their critique of the Newhall Ranch Management and Development Program<br />
(RDMP) DEIR/EIS the EPA cites President’s Floodplain Management Executive Order 11988 and the<br />
draft Floodplain Management Executive Order as regulations ordering that federal agencies “shall avoid<br />
placing fill in the floodplain to achieve flood protection to the extent practicable.” This critique is directly<br />
applicable to net loss of Santa Clara River floodplain that will be caused by the currently proposed Mission<br />
and Landmark Village projects.<br />
84<br />
Impact Sciences, Inc. 1997. North Valencia Annexation Buffer Study. Draft. Prepared for Newhall Land and Farming<br />
Company (April 28, 1997)<br />
85<br />
Lee, L.C., P.L. Fiedler, S.R. Stewart, R.R. Curry, D.J. Partridge, J.A. Mason, I.M. Inlander, R.B. Almay, D.L. Aston, and<br />
M.E. Spencer. 2001. Draft Guidebook for Reference Based Assessment of the Functions of Riverine Waters/Wetlands<br />
Ecosystems in the South Coast Region of Santa Barbara County, <strong>California</strong>. Santa Barbara County Water Agency, Santa<br />
Barbara, <strong>California</strong>.<br />
86<br />
Lee, L.C., P.L. Fiedler, S.R. Stewart, D.J. Partridge, J.A. Mason, E.M. Inlander, and M.C. Rains. 2003. Draft Operational<br />
Guidebook for Assessment of the Functions of Riverine Waters/Wetlands in the Santa Margarita Watershed, Riverside &<br />
San Diego Counties, <strong>California</strong>. San Diego Regional Water Quality Control Board, Technical Publication. San Diego,<br />
<strong>California</strong>.
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
DMEC Project No. 10-0181<br />
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Inadequate Mission Village Wetland Mitigation Measures<br />
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DMEC<br />
MV 4.3-23 (page 4.3-338) is the development of a conceptual wetlands mitigation plan. A plan is not<br />
mitigation and certainly a conceptual one would lack enough specificity to be able to determine if it was<br />
both feasible and serve to mitigate the stated impact(s). It leaves open far too many questions about how,<br />
where, and when the mitigation would be implemented and whether it is feasible. A conceptual mitigation<br />
plan is insufficient to satisfy CEQA requirements. Specific criteria need to be identified for all mitigation<br />
measures and this one is entirely lacking in specificity or criteria. If the success criteria listed under MV 4.3-<br />
36 are intended to be part of this mitigation measure, then it should not be a separate measure.<br />
MV 4.3-31 (page 4.3-346) simple states that permanently impacted wetland habitats under Corps and<br />
CDFG jurisdiction must be mitigated. It states that the mitigation wetlands would need to “habitats of<br />
similar functions and values/services (see MV 4.3-33) on the project site, or as allowed under MV4.3-<br />
39”. While this sounds good, there are many questions and concerns about this approach. First, the hybrid<br />
HGM assessment approach is not tested to show that it can capture wetland functions as well as a pure<br />
HGM model. DMEC has successfully used two regional HGM models in the Santa Clara River watershed,<br />
the Santa Margarita River Riverine HGM model and the Santa Barbara South Coast Riverine HGM model.<br />
The first model is most appropriate for use on the Santa Clara River as the morphology and dynamics of the<br />
two rivers are most similar. The Santa Barbara model may be the most appropriate for the tributaries;<br />
however, the Santa Margarita River model may be appropriate as well. These models have been tested and<br />
used several times in the region within and beyond each model’s reference domain (DMEC 2000 87 , 2001 88 ,<br />
2004 89 , 2006a 90 , 2006b 91 , 2009 92 ), and the results have been accepted by the regulatory agencies (EPA,<br />
Corps, CDFG, <strong>California</strong> Coastal Commission, County of Ventura). Second, there are no success criteria<br />
identified, and the mitigation sites and approaches are left open without the opportunity for the public or<br />
lead agency to determine feasibility during the CEQA review process. The public will have no other<br />
opportunities to review this mitigation measure.<br />
MV 4.3-36 on page 4.3-349 provides some wetland mitigation success criteria; however, the locations of<br />
mitigation and the control sites are unknown. This should be rectified.<br />
87 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>. 2000. Wetland Functional Assessment of the Reinke Development Mitigation<br />
Plan, Thousand Oaks, <strong>California</strong>. November 2000. (PN 00-0131.) Ojai, <strong>California</strong>. Prepared for Rudy Reinke, Thousand<br />
Oaks, <strong>California</strong>.<br />
88 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>. 2001. Wetland Functional Assessment of the Odyssey Program Middle School<br />
Project, Malibu, <strong>California</strong>. December 2001. (PN 00-0301.) Ojai, <strong>California</strong>. Prepared for Odyssey Program, Malibu,<br />
<strong>California</strong>.<br />
89 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>. 2004. Wetland Functional Assessment of the Camarillo Regional Park Wetlands<br />
and Golf Course Projects, Ventura County, <strong>California</strong>. June 2004. (PN 02-0121-2.) Ojai, <strong>California</strong>. Prepared for<br />
<strong>California</strong> State Coastal Conservancy, Oakland, <strong>California</strong>.<br />
90 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>. 2006a. Baseline HGM Assessment for Mountains Restoration Trust, Dry<br />
Canyon Creek, Calabasas, <strong>California</strong>. (Corps File No. 200601215-JWM). August 2006. (PN 05-0262-1). Ojai,<br />
<strong>California</strong>. Prepared for Mountains Restoration Trust, Calabasas, <strong>California</strong>; City of Calabasas, Calabasas, <strong>California</strong>;<br />
U.S. Army Corps of Engineers, Ventura, <strong>California</strong>; and <strong>California</strong> Department of Fish and Game, San Diego, <strong>California</strong>.<br />
91 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>. 2006b. Wetland Functional Assessment of the Gramckow Property Project,<br />
Rancho Matilija, <strong>California</strong>. 15 June 2006. (PN 06-0041.) Ojai, <strong>California</strong>. Prepared for Ventura County Planning<br />
Division, Ventura, <strong>California</strong>, on behalf of Martin Gramckow, Ojai, <strong>California</strong>.<br />
92 <strong>David</strong> <strong>Magney</strong> <strong>Environmental</strong> <strong>Consulting</strong>. 2009. Wetland Functional Assessment of the Lyons Property Mitigation Bank<br />
Project, Santa Paula Canyon, <strong>California</strong>. 10 March 2009. (PN 08-0152.) Ojai, <strong>California</strong>. Prepared for BioResource<br />
Consultants, Ojai, <strong>California</strong>, on behalf of Richard Lyons & Laurie Prange Lyons, Ojai, <strong>California</strong>.
Comments on Draft EIR for Newhall Ranch Mission Village Development<br />
DMEC Project No. 10-0181<br />
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DMEC<br />
In summary, DMEC finds that the EIR fails to adequately assess all project-related impacts to the biological<br />
resources onsite and fails to provide adequate and/or feasible mitigation to reduce the significant impacts to<br />
a level of less than significant. The project EIR relies almost exclusively on the SPC, which fails to protect<br />
the SFVS and would put it at risk of extinction, or at least local extirpation in the long term. The Friends of<br />
the Santa Clara River, <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society, and others, are filing a legal challenge on the<br />
adequacy of the EIR for the SCP and CDFG’s issuance of a take permit pursuant to Section 1081 of the<br />
<strong>California</strong> Endangered Species Act since the SCP does not fully mitigate project-related impacts to the<br />
SFVS.<br />
Thank you for considering our concerns with the adequacy of the DEIR.<br />
Sincerely,<br />
<strong>David</strong> L. <strong>Magney</strong><br />
President<br />
<strong>David</strong> Brown, M.S.<br />
Biologist<br />
Attachments: EPA letter to Corps<br />
DMEC’s 2009 comment letter on the RMPD/SCP & EIS/EIR<br />
cc: Ron Bottoroff, Friends of the Santa Clara River<br />
Greg Suba, <strong>California</strong> <strong>Native</strong> <strong>Plant</strong> Society