Biological resources
Implementation of CV Link could have a
substantial adverse effect, either
directly or indirectly, or through
habitat modifications, on Casey’s
June Beetle, a species identified
as a candidate, sensitive, or
special status species (including
species listed as threatened or
endangered) in local or regional
plans, policies, or regulations, or
by the California Department of Fish and Game or U.S. Fish and
Wildlife Service.
BIO-5 Prior to any construction in that portion of the Proposed Project occurring within
the Survey Area for Casey’s June Beetle, an HCP containing the following requirements
shall be approved by the USFWS.
a. Restoration of portions of Tahquitz Creek Golf Course (6.8 acres) to natural wash
habitat suitable for CJB as identified on Exhibit 4.4-1.
b. Establishment of conservation easement(s) on 6.8 acres of land within the
restoration area of Tahquitz Creek Golf course, as described in item 1.
c. Installation of 0.07 acres of native landscaping to enhance habitat adjacent to the
path.
In addition, the following shall be incorporated by CVAG in its management and
maintenance of the path within the Survey Area.
a. Any and all lighting fixtures shall be turned off between April 1 and May 31 of
any year.
b. Construction activities will not occur within the Survey Area from April 1 to May
31 of any year.
c. An education kiosk will be installed along the CV Link path with information
about the species and the importance of native desert wash habitat.
d. Signage will be placed along the CV Link path to alert users to the presence of
habitat and to encourage respect for and avoidance of undisturbed habitat areas.
e. Any lands conserved by CVAG may be available as sites for future CJB
propagation, if such propagation is determined to be a viable means of conserving
the species.
f. Pesticide use on non-listed species is an allowable use, but no take of Casey’s June
Beetle associated with pesticide use will be authorized by the permit. Application,
storage, and use of pesticides, herbicides, insecticides, biocides, and fertilizers in a
lawful manner that does not affect Casey’s June Beetle is allowed. All such use
must occur in accordance with the EPA label on each product.
g. CVAG shall post signage at each end of the path within the Survey Area,
identifying the area as Casey’s June beetle habitat, and cautioning users that
mating season for the species occurs between April 1 and May 31. Signage shall
also include warnings about not harming the species if it is encountered by the
user or impacting adjacent habitat.
h. No electronic “bug zappers” will be utilized.
i. Irrigation at the surface of the soil will be prohibited in the habitat areas created,
restored or conserved by CVAG.
j. CVAG shall place $1,000,000.00 in an endowment approved by the Service to be
used for the maintenance of all acreage conserved, created or restored as part of
this HCP.
k. CVAG shall assure that management and maintenance of all acreage conserved,
created or restored is contracted in perpetuity with a qualified land management
agency/organization approved by the Service.
Implementation of CV Link could have a
substantial adverse effect on
federally protected wetlands as
defined by Section 404 of the
Clean Water Act (including, but
not limited to, marsh, vernal
pool, coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means.
BIO-6 Prior to the initiation of any construction within areas determined by the
Jurisdictional Delineation to be waters of the US, a permit or permits shall be approved and
issued by the USACE under Section 404 of the CWA to authorize the discharge of dredged
or fill material into waters of the US.
BIO-7 Prior to the initiation of any construction within areas determined by the
Jurisdictional Delineation to be waters of the US or the State, a Water Quality
Certification(s) shall be approved and issued by the Colorado River RWQCB (Region 7)
under Section 401 of the CWA.
BIO-8 Prior to the initiation of any construction within areas determined by the
Jurisdictional Delineation to be waters of the State, a permit or permits shall be approved
and issued by the Colorado River RWQCB (Region 7) under the Porter Cologne Water
Quality Control Act. The permit could be a Construction General Permit, State General
Waste Discharge Order, or Waste Discharge Requirements, depending upon the level of
impact and the properties of the waterway.
BIO-9 Prior to the initiation of any construction within areas determined by the
Jurisdictional Delineation to be waters of the State, a 1602 Streambed Alteration
Agreement shall be approved and issued by the California Department of Fish and Wildlife.
Implementation of the
CV Link could interfere
with the nesting of birds
protected under the MBTA,
which would interfere with the
movement of any native resident
or migratory fish or wildlife
species or with established native
resident or migratory wildlife
corridors, or impede the use of
native wildlife nursery sites.
BIO-3 If ground disturbance, tree or plant removal is proposed between February 1st and
August 31st, a qualified biologist shall conduct a nesting bird survey within 14 days of
initiation of grading onsite focusing on MBTA covered species. If active nests are reported,
then species-specific measures shall be prepared. At a minimum, grading in the vicinity of
a nest shall be postponed till the young birds have fledged. For construction between
September 1st and January 31th, no pre-removal nesting bird survey is required.
a. In the event active nests are found, exclusionary fencing shall be placed 200 feet
around the nest until such time as nestlings have fledged. Nests of raptors and
burrowing owls shall be provided a 500-foot buffer.
Implementation of the
CV Link could conflict
with the provisions of the
Coachella Valley Multiple
Species Habitat Conservation
Plan.
BIO-1 CVAG will be required to pay the local development mitigation fee to mitigate for
impacts to covered species and natural communities within the plan area, inside or outside
of Conservation Areas. Project activities inside Conservation Areas are subject to the Joint
Project Review process to determine consistency with plan goals and objectives.
BIO-2 CVAG shall comply with all terms and conditions of the CVMSHCP and
Implementing Agreement including, but not limited to: 1) participation in the Joint Project
Review Process with the Coachella Valley Conservation Commission for projects within
conservation areas as described in Section 6.6.1.1 of the CVMSHCP, and 2)
Implementation of the “Land Use Adjacency Guidelines” as described in Section 4.5 of the
CVMSHCP for any portion of the proposed project that impact or are adjacent to the
Whitewater Floodplain and Santa Rosa and San Jacinto Mountains Conservation Areas.
Measures for the “Land Use Adjacency Guidelines” include:
a. Drainage: Development of the proposed project adjacent to or within a conservation
area shall incorporate plans to ensure that the quantity and quality of runoff discharged
to the adjacent conservation area is not altered in an adverse way when compared with
existing conditions. Storm water systems shall be designed to prevent the release of
pollutants (e.g., toxins, chemicals, petroleum products, exotic plant materials) or other
elements that might degrade or harm biological resources or ecosystem processes
within the adjacent conservation area.
b. Toxics: Development of the proposed project adjacent to or within a conservation area
shall be required to incorporate measures to ensure that application of fertilizers,
pesticides, herbicides or similar chemicals does not result in any discharge to the
adjacent conservation area.
c. Lighting: Lighting in areas adjacent to or located within conservation areas shall be
shielded and directed away from the conservation area, toward developed areas.
Landscape shielding or other appropriate methods shall be incorporated in project
designs to minimize the effects of lighting adjacent to or within the adjacent
conservation area in accordance with the guidelines included in the Implementation
Manual.
d. Noise: Noise generated by construction adjacent to or within a conservation area in
excess of 75 dBA shall incorporate setbacks, berms, or walls, as appropriate, to
minimize the effects of noise on the adjacent conservation area according to
Implementation Manual guidelines.
e. Invasives: Landscape plans shall be prepared for the proposed project. Landscape plans
for areas that are located adjacent to or within a conservation area are prohibited from
using invasive, non-native plant species in their design. Prohibited invasive
ornamental plant species are listed in Table 4-113 of the CVMSHCP (Appendix E).
The Coachella Valley native plant species listed in Table 4-112 of the CVMSHCP shall
be incorporated into landscape design within or adjacent to conservation areas.
BIO-4 A “take avoidance survey” for the burrowing owl no less than 14 days (in
accordance with the Staff Report on Burrowing Owl Mitigation [CDFW 2012]) and no
more than 30 days (in accordance with CVWD’s Operations and Maintenance Manual)
prior to ground breaking activities are required within and outside of conservation areas
that contain suitable habitat for this species. Additionally, a final survey must be conducted
within 24 hours of the initiation of ground disturbance activities in accordance with the
CDFW 2012 protocol.
If no burrowing owls are detected during those surveys, implementation of ground
disturbance activities could proceed without further consideration of this species assuming
there is no lapse between the surveys and construction as the protocol states “time lapses
between Project activities trigger subsequent take avoidance surveys including but not
limited to a final survey conducted within 24 hours prior to ground disturbance."
If burrowing owls are detected during the take avoidance surveys, avoidance and
minimization measures would then be required and could include the establishment of a
buffer zone, the passive or active relocation of the individual(s) or other measures approved
by the CDFW.
BIO-10 Fencing/Signage – As a means to protect the adjacent lands of the Whitewater
Floodplain Conservation Area present on Segment 1 of the CV Link Route (see Appendix
B for location of this Segment), fencing and/or regularly placed signage shall be employed
near the “top-of-slope” of the levee to prevent people and their pets (particularly dogs being
walked by their owners) from straying off the designated CV Link path and into the
adjacent natural habitat. Signage shall be placed intermittently along the entire CV Link
Segment.
BIO-11 Pet Control – Additional signage shall be placed intermittently along the entire
CV Link Route indicating that all dogs shall be required to be on a leash while traversing
CV Link. Aside from preventing individual animals from entering native habitat, the
benefits of such a mandate are numerous including facilitating personal safety for other
users of the Link, preventing altercations with other dogs present on the path, and increased
safety for the individual pet in question (i.e. preventing collisions with bicyclists and LSEV
users). In addition, disposal bins for pet waste shall also be provided throughout CV Link.
BIO-12 Interpretive Signage – Interpretive signs adjacent to areas of native habitat (such
as the Whitewater Floodplain Preserve) shall illustrate and educate the public on some of
the native wildlife, plant, or vegetation communities present adjacent to CV Link.
