HomeMy WebLinkAboutCEQA17-0004Responses to CDFW comments
1600 Feather River Blvd Suite B. Oroville, CA 95965-4685 (530) 534 - 5229
Butte County
Department of Development Services
7County Center Drive
Oroville CA, 95965
September 1, 2017,
Mr. Pete Calarco and Mr. Charles Thistlethwaite,
We have reviewed the comment letter from California Department of Fish and Wildlife for the Initial
Study with Proposed Mitigated Negative Declaration (IS/MND) for the Magalia Forest Health Project
(Project) [State Clearinghouse No. 2017082002. Our responses to CDFW’s comments are summarized
below.
Response to CDFW Comment # 1
Impacts to tree roosting bats were considered. Neither of the two species of tree roosting bats (silver
haired –bat) (Western Red Bat) with potential habitat in the project area are state or federally listed.
The project description specifies that we are only proposing to remove trees less than 10” DBH. This size
tree is not considered to be large by either the project proponent or by CDFW as per the California
Wildlife Habitat Relationships guidelines. Tree roosting bats typically roost in tree cavities, under large
slabs of loose bark on snags and in thick foliage. Trees less than 10” DBH almost never exhibit these
characteristics so potential tree roost would be protected during fuel reduction thinning. Additionally
Mitigation Measure 13.1 will protect most potential tree roosts for bats during prescribed burning.
Mitigation Measure 13.1- Trees of value to wildlife shall be protected by removing fuels from
underneath the drip line or other effective means during prescribed burns. Trees of value to wildlife are
defined as trees exhibiting any of the following characteristics: forked tops, nests mistletoe clumps,
cavities, large oaks.
Response to CDFW Comment #2
Although no protocol surveys were conducted for Foothill Yellow-Legged Frog (FYLF), watercourses
within the project area were assessed for riparian habitat characteristics. Only a few watercourses
within the project area have been determined to have suitable habitat for the FYLF. Furthermore,
according to California Natural Diversity Database, the closest sighting of the FYLF is over 5 miles east of
the project area.
1600 Feather River Blvd Suite B. Oroville, CA 95965-4685 (530) 534 - 5229
Mitigation #8 requires watercourse buffers for the project, including a 25 foot buffer for hand-cutting
and a 50 to 150 foot (depending on stream classification) buffer for any mechanical equipment and
prescribed burns. No activity is to occur within these buffers, respectively. This is suitable for protecting
any potential FYLF that may be in the project area as sources indicate that this species rarely ventures
further than 36 feet from watercourses during winter months. During the spring and summer, this
species stays closer to water as it uses rocks and camouflage with watercourse beds to escape predation
(California Wildlife Habitat Relationships System-Foothill Yellow Legged Frog-CDFW, 2000; Center For
Biological Diversity-Foothill Yellow Legged Frog, 2015).
Response to CDFW Comment # 3
The excerpt below is taken from CDFW’s website and specifies when a project must obtain a 1600
permit.
“Fish and Game Code section 1602 requires any person, state or local governmental agency, or
public utility to notify CDFW before beginning any activity that will do one or more of the
following:
1. substantially divert or obstruct the natural flow of any river, stream or lake;
2. substantially change or use any material from the bed, channel, or bank of, any river, stream, or
lake; or
3. deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground
pavement where it may pass into any river, stream, or lake.
Fish and Game Code section 1602 applies to all perennial, intermittent, and ephemeral rivers,
streams, and lakes in the state. If you are not certain that your proposed activity requires
notification, CDFW recommends that you notify.”
The project does not require a 1600 permit for the following reasons:
• No diversion or obstruction of the natural flow of any river, stream or lake is proposed as part of this project.
• No change or use any material from the bed, channel, or bank of, any river, stream, or lake is proposed as
part of this project.
• Mitigation Measures 6, 8, and 9 will ensure that no deposit or disposal of debris, waste, or other material
containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake will occur.
Mitigation Measure #6: No operations shall take place within the federally protected wetlands, (See
Operations Map).
1600 Feather River Blvd Suite B. Oroville, CA 95965-4685 (530) 534 - 5229
Mitigation Measure #8: Watercourse and Lake Protection Zone widths for mechanized and prescribed
fire treatment areas.
Watercourse Protection Zone
Widths (Equipment)
Slope % Class I Class II Class III
<30 75 ft. 50 ft. 25 ft.
30-50 100 ft. 75 ft. 50 ft.
>50 150 ft. 100 ft. 50 ft.
1. Watercourse and Lake Protection Zone widths for hand treatment areas.
• For Class III watercourses there shall be no protection buffer for hand treatment.
• For Class I and II watercourses, there shall be a 25 ft. protection zone width.
Mitigation Measure #9: Personnel shall wear appropriate personal protection equipment. Equipment used
on this project shall not be serviced in locations where grease, oil, or fuel could pass into a watercourse.
Operations shall follow all applicable state and federal laws.
Response to CDFW Comment # 4
The project already conforms to the intent of CDFW’s recommendations as specified by the following
mitigation measures. Mitigation Measure # 12- Prescribed burning shall take place between September
1 and February 15th.
• Mitigation Measure # 1.3 Specifies that burns will be conducted in small units (<20 acres per
day) and only on designated burn days and within the approved prescription.
Please feel free to contact me if you have any questions.
Sincerely,
Pete Sundahl
Registered Professional Forester # 2861
Sierra Timber Services