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Home My WebLink AboutMBHCP Compliance Information Metropolitan Bakersfield Habitat Conservation Plan – City of Bakersfield Page 1 of 8 S:\MBHCP\MBHCP Compliance\HCP Forms\MBHCP Compliance Information 9_23_15.docx Last Updated: 9/23/15 METROPOLITAN BAKERSFIELD URBAN DEVELOPMENT INCIDENTAL TAKE PERMIT (ITP) COMPLIANCE PROJECT or MAP NO. GRADING PERMIT NO. PERMIT MAP MUST INCLUDE: Total Gross Acres, Bearings & Distances & Vicinity map with all ground disturbance areas identified. APPLICANT CONTACT NAME: PHONE NO. SITE ADDRESS (or general location): PROJECT TYPE/DESCRIPTION: THE FOLLOWING IS REQUIRED FOR ALL GROUND DISTRUBING DEVELOPMENT: 1. A Biological Clearance Survey is required on all projects no more than 30 days prior to grading by a CDFW-approved Qualified Biologist. See Survey Requirements on page 2. 2. If survey results find Covered Species (see page 6) on the project site, a written Notice of Grading Start is required at least 5 business days prior to any ground disturbance activities (excludes Weekends and Holidays). The Notice of Grading Start shall only be submitted AFTER all required minimization measures are implemented. 3. If your project requires a grading permit, payment of the current habitat mitigation fee is required. Please check the following that applies to your project:  Habitat Conservation Plan (HCP) fee (currently $2,145.00 per gross acre). Gross acreage (all disturbed areas) =________________ acres HCP Fees Due = $ ___________________ Staff Initials: ______ Date Paid: ________________  Project exempt from HCP fees pursuant to local ordinance.  Required fees previously paid - HCP fees are NOT due. 4. The developer must perform daily entrapment inspections and notify the City immediately if a trapped Covered Species is discovered (see page 6). The City has authority to immediately stop any activity that does not comply with this ITP and to require measures to avoid the unauthorized take of Covered Species. ACKNOWLEDGMENT: In consequence of the City/County having complied with the terms of the Section 10(a)(l)(B) Permit issued pursuant to the Federal Endangered Species Act and the Section 2081 Permit issued pursuant to the California Endangered Species Act, and the City and County having issued the Urban Development Permit, the Urban Development Permit holder, its successors, assignees and agents acting as beneficiaries of the Metropolitan Bakersfield Habitat Conservation Plan Implementation Management Agreement and ITP No. 2081-2013-058-04 are permitted to construct, operate and maintain the project identified above, which may result in a legally permitted take of State Protected Species and Federally Protected Species which are listed in the City's and County's Section 10(a)(l)(B) and 2081 Permits. The take authorization applies only to activities on the parcels which are carried out in full compliance of the 10(a)(l)(B) and 2081 Permit Conditions, including the City/County complying with the cumulative mitigation requirements of Section 3.1.8 of Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management Agreement and ITP No. 2081-2013-058-04. (This acknowledgement is in accordance with MBHCP Implementation/Management Agreement Sections 3.13 and 3.1.4) STAFF :______________________________________ DATE COMPLETED:_______________________ Completed Form: ORIGINAL: Wayne Lawson (661)326-3976 COPY: Tamra Lopez, Building COPY: Applicant Metropolitan Bakersfield Habitat Conservation Plan – City of Bakersfield Page 2 of 8 S:\MBHCP\MBHCP Compliance\HCP Forms\MBHCP Compliance Information 9_23_15.docx Last Updated: 9/23/15 BIOLOGICAL CLEARANCE SURVEYS & MINIMIZATION MEASURES:  Biological Clearance Survey is required on all projects no more than 30 days prior to grading by a CDFW-approved Qualified Biologist (see list on page 4).  The survey shall include full coverage transect surveys for SJKF dens, kangaroo rat burrows and Bakersfield cactus and shall evaluate the proposed development footprint and a 50 foot buffer zone (except for any portions of the buffer zone that are already fully developed).  All surveys must be delivered to the U.S. Fish and Wildlife Service, the California Department of Fish and Wildlife, and City of Bakersfield Planning Division. A hard copy shall be submitted to City of Bakersfield, Community Development Department, Attn: Wayne Lawson or Karl Davisson, 1715 Chester Avenue, Bakersfield, CA 93301. E-MAIL COPY OF SURVEY TO THESE AGENCIES EMAIL SUBJECT LINE: “MBHCP CLEARANCE SURVEY - GRADING PERMIT NO. ___________” thomas_leeman@fws.gov & justin_sloan@fws.gov Other Contact Info: U.S. Dept. of the Interior Fish & Wildlife Service 2800 Cottage Way, W-2605 Sacramento, CA 95825 Phone (916) 414-6600 Fax (916) 414-6712 Janice.Yoshioka@wildlife.ca.gov & email cc: Reagen.OLeary@wildlife.ca.gov John.Battistoni@wildlife.ca.gov Krista.Tomlinson@wildlife.ca.gov Craig.Bailey@wildlife.ca.gov Other Contact Info: Ca. Dept. of Fish and Wildlife 1234 E. Shaw Avenue, Fresno, CA 93710 Phone (559) 243-4014, ext. 247 Fax (559) 243-4020  The standard guidelines for clearance surveys can be found at U.S. Fish and Wildlife Service website: http://www.fws.gov/sacramento/es/Survey-Protocols-Guidelines/es_survey.htm  If survey results include presence of Covered Species, see the table below on next steps: SURVEY RESULTS REQUIRED MINIMIZATION MEASURES Known, active, or natal SJKF den See Conditions of Approval 7.5 and 7.6 of Incidental Take Permit Kangaroo rat burrows (Conceptual Southwest Focus Area only) Conditions of Approval 7.8, 7.9, and 7.10 of Incidental Take Permit One or more Bakersfield cactus clumps/plants Conditions of Approval 7.11, 7.12, and 7.13 of Incidental Take Permit For details, please see: Covered Species Minimization Measures Metropolitan Bakersfield Habitat Conservation Plan – City of Bakersfield Page 3 of 8 S:\MBHCP\MBHCP Compliance\HCP Forms\MBHCP Compliance Information 9_23_15.docx Last Updated: 9/23/15 LIST OF CDFW PRE-APPROVED QUALIFIED WILDLIFE BIOLOGISTS This list is not intended to be an endorsement by the City of Bakersfield of any person or company appearing or not appearing on the list. NAME ADDRESS CONTACT INFORMATION APPROVED* ACTIVITIES Adam Grimes McFaddin Endangered Species Assessments 9530 Hageman Road, Suite B, #130, Bakersfield, CA 93312 (661) 330-9038 jm.biology@gmail.com A,B,C,D Joe McFaddin McFaddin Endangered Species Assessments (661) 330-9038 jm.biology@gmail.com A,B,C,D Andy Krause Padre Associates, Inc. 3500 Coffee Rd., Ste. B Bakersfield, CA 93308 Office: (661) 829-2686 ex. 302 Cell Phone: (661) 747-1753 akrause@padreinc.com Fax (661) 829-2689 A,B Marcia H. Wolfe M.H. Wolfe and Associates P.O. Box 10254, Bakersfield, CA 93389 (661) 837-1169 mwolfe@mhwolfeassoc.com A,B,C,D Curtis Uptain Quad Knopf 5080 California Avenue, Suite 220, Bakersfield, CA 93309 (661) 616 -2600 CurtisU@quadknopf.com A,B,D Carie Wingert Rincon Consultants, Inc. 1530 Monterey Street, Suite D, San Luis Obispo, CA 93401 (805) 547-0900 info@rinconconsultants.com A,B Randi McCormick McCormick Biological, Inc. 4031 Alken Street, Suite B-1 Bakersfield, CA 93308 (661) 589-4065 admin@mccormickbiologicalin c.com A Sabrina Alaniz McCormick Biological, Inc. See above A Allison Duran McCormick Biological, Inc. See above A,B Erika Noel McCormick Biological, Inc. See above A Rick Perry McCormick Biological, Inc. See above A,B,C,D Jared Pratt McCormick Biological, Inc. See above A Steven P. Pruett McCormick Biological, Inc. See above A,B,C,D Ashleigh Pryor McCormick Biological, Inc. See above A Alli Rhodehamel McCormick Biological, Inc. See above A Ben Ruiz McCormick Biological, Inc. See above A,B,D Waring E. Laurendine McCormick Biological, Inc. (661)-589-4065 waring@mccormickbiologicalin c.com A,B,D Dawn Bradley Padre Associates, Inc. 3500 Coffee Road, Suite B Bakersfield, CA 93308 (661) 829-2686 ext. 301 dbradley@padreinc.com A,B Angel Correa Padre Associates, Inc. (661) 829-2686 ext. 303 acorrea@padreinc.com A,B,C,D * A) Approved to conduct a Biological Clearance Survey and mitigation activities for San Joaquin kit fox. B) Tipton Kangaroo rat biologist approved to conduct TKR trapping and salvage activities. C) Bakersfield Cactus botanist approved to conduct Bakersfield Cactus translocation. D) San Joaquin antelope squirrel biologist approved to conduct mitigation activities. Metropolitan Bakersfield Habitat Conservation Plan – City of Bakersfield Page 4 of 8 S:\MBHCP\MBHCP Compliance\HCP Forms\MBHCP Compliance Information 9_23_15.docx Last Updated: 9/23/15 NAME ADDRESS CONTACT INFORMATION APPROVED* ACTIVITIES Brooke Stutz Padre Associates, Inc. (661) 829-2686 ext. 304 bstutz@padreinc.com A,B,D William J. Vanherweg 1020 O’Connor Way San Luis Obispo, Ca 93405 (805) 839-0375 bvan53@gmail.com A,B,D Russell Sweet ICF International 12406 Marla Avenue Bakersfield, CA 93312 661-331-7847 Russell.sweet@icfi.com A * A) Approved to conduct a Biological Clearance Survey and mitigation activities for San Joaquin kit fox. B) Tipton Kangaroo rat biologist approved to conduct TKR trapping and salvage activities. C) Bakersfield Cactus botanist approved to conduct Bakersfield Cactus translocation. D) San Joaquin antelope squirrel biologist approved to conduct mitigation activities. Metropolitan Bakersfield Habitat Conservation Plan – City of Bakersfield Page 5 of 8 S:\MBHCP\MBHCP Compliance\HCP Forms\MBHCP Compliance Information 9_23_15.docx Last Updated: 9/23/15 NOTICE OF GRADING START Pursuant to the General Provisions and Mitigation Measures of the MBHCP Incidental Take Permit (No. 2081-2013-058-04). NOTICE IS HEREBY provided that on or after (Date) the project identified below will be graded. In accordance with the provisions of the MBHCP and ITP, this project was identified as having the potential to impact known Covered Species (Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus). Attached to this notice is a map of our project location, a copy of the Biological Clearance Survey and written information to demonstrate compliance with required minimization measures. Project Name: Grading Permit No. Project Location (address and major cross streets): Developer Name: Address: Phone: Email: Clearance Survey Biologist: NOTICE MUST BE EMAILED TO FOLLOWING AGENCIES AT LEAST 5 BUSINESS DAYS (EXCLUDES WEEKENDS AND HOLIDAYS) PRIOR TO GRADING. EMAIL TO THESE AGENC IES 1) Thomas Leeman thomas_leeman@fws.gov and Justin Sloan justin_sloan@fws.gov U.S. Dept. of the Interior Fish & Wildlife Service Phone (916) 414-6600 Fax (916) 414-6712 3) Wayne Lawson wlawson@bakersfieldcity.us City of Bakersfield Phone (661) 326-3733 Fax (661) 852-2136 2) Janice Yoshioka Janice.Yoshioka@wildlife.ca.gov Email CC: Reagen O’Leary Reagen.OLeary@wildlife.ca.gov John Battistoni John.Battistoni@wildlife.ca.gov Krista Tomlinson Krista.Tomlinson@wildlife.ca.gov Craig Bailey Craig.Bailey@wildlife.ca.gov California Department of Fish and Wildlife Phone (559) 243-4014 ext. 247 Fax (559) 243-4020 PLEASE SAVE OR PRINT YOUR EMAIL AS PROOF OF NOTIFICATION TO THE CDFW. Page 6 of 8 S:\MBHCP\MBHCP Compliance\HCP Forms\MBHCP Compliance Information 9_23_15.docx Last Updated: 9/23/15 REQUIRED SPECIES PROTECTION MEASURES DURING CONSTRUCTION Daily Entrapment Inspections The Developer shall inspect all open holes, sumps, and trenches within the development footprint at the beginning, middle, and end of each day for trapped Covered Species. All trenches, holes, sumps, and other excavations with sidewalls steeper than a 1:1 (45 degree) slope and that are between two- and eight feet deep shall be covered when workers or equipment are not actively working in the excavation, which includes cessation of work overnight, or shall have an escape ramp of earth or a non-slip material with a less than 1:1 (45 degree) slope. All trenches, holes, and other excavations with sidewalls steeper than a 1:1 (45 degree) slope and greater than eight feet deep shall be covered when workers or equipment are not actively working in the excavation and at the end of each work day. Trenches, holes, sumps, or other excavations that are covered long term shall be inspected at the beginning of each working day to ensure inadvertent entrapment has not occurred. If any worker discovers that Covered Species have become trapped, the Developer and their workers shall cease all Covered Activities in the vicinity and notify the City immediately (Martin Ortiz: 661-326-3786), whom shall in turn notify CDFW immediately. The Developer shall allow the Covered Species to escape unimpeded if possible before construction/grading activities are allowed to continue, or, alternatively, a Qualified Wildlife Biologist shall capture and relocate the animal, in accordance with CDFW direction regarding the final disposition of the animal. The Developer for which the Biological Clearance Survey was conducted shall bear the costs of Covered Species salvage. Materials Inspection The Developer shall thoroughly inspect for Covered Species in all construction pipe, culverts, or similar structures with a diameter of 7.6 centimeters (three inches) or greater that are stored for one or more overnight periods before the structure is subsequently moved, buried, or capped. If during inspection one of these animals is discovered inside the structure, workers shall notify the City (Martin Ortiz: 661-326-3786) and allow the Covered Species to safely escape that section of the structure before moving and utilizing the structure. Equipment Inspection The Developer shall inspect for Covered Species under vehicles and equipment before the vehicles and equipment are moved. If a Covered Species is present, the worker shall wait for the Covered Species to move unimpeded to a safe location. Alternatively, the Developer shall contact a Qualified Wildlife Biologist to determine if they can safely move the Covered Species out of harm’s way in compliance with this ITP. SJKF Detection on Construction Site Notification to the City and CDFW is required within 24 hours in the event that a SJKF is observed denning or utilizing structures or materials within an active construction footprint. In addition, a Page 7 of 8 S:\MBHCP\MBHCP Compliance\HCP Forms\MBHCP Compliance Information 9_23_15.docx Last Updated: 9/23/15 minimum 100 foot no disturbance buffer from the area being used by SJKF as a denning site shall be implemented excavation measures can be implemented by a Qualified Wildlife Biologist funded by the Developer. Covered Species Injury If a Covered Species is injured as a result of Project related activities, a Qualified Wildlife Biologist shall immediately take it to CDFW approved wildlife rehabilitation or veterinary facility that routinely evaluates and treats the injured Covered Species. Facilities in the Bakersfield area include: California Living Museum (CALM) 10500 Alfred Harrell Hwy, Bakersfield, CA 93306 (661) 872-2256 The Developer shall bear any costs associated with the care or treatment of such injured Covered Species. The Developer shall notify the City (Martin Ortiz: 661-326-3786) as soon as possible and the notification shall include the date, time, location, and circumstances of the incident and the name of the facility where the animal was taken. COVERED SPECIES TIPTON KANGAROO RAT SAN JOAQUIN ANTELOPE SQUIRREL SAN JOAQUIN KIT FOX BAKERSFIELD CACTUS Page 8 of 8 S:\MBHCP\MBHCP Compliance\HCP Forms\MBHCP Compliance Information 9_23_15.docx Last Updated: 9/23/15 MBHCP FACTS Q. What is a habitat conservation plan (H.C.P.)? A. An H.C.P. is a comprehensive resource conservation plan designed to mitigate development impacts on protected animal and plant species within a defined study area. The plan is an essential component of a Federal Endangered Species Act section 10(a) permit from the U.S. Department of Interior, which would allow the incidental "take" of endangered species. Q. Why is an H.C.P. needed for Metro Bakersfield? A. The H.C.P. ensures protection of species habitat while allowing reasonable urban growth. A comprehensive approach is necessary to balance issues related to species protection and the economic health of the community. Q. What area does the H.C.P. cover? A. The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) covers a 405 - square-mile area of City of Bakersfield/County of Kern jurisdiction in and around Metropolitan Bakersfield. The plan boundary is the same boundary used for the joint city/county general plan. Development within the plan boundary is subject to the terms and benefits of the MBHCP, although habitat is purchased both inside and outside this boundary. Q. How is the plan implemented? A. Developers pay impact fees, which are placed in an account and can only be used for habitat acquisition and management. The MBHCP Implementation Trust Group is made up of representatives from the City of Bakersfield and the County of Kern and assisted by wildlife agency and public advisors, reviews and approves habitat acquisition and monitors urban growth and conservation activities through quarterly reports. Q. Is it working? A. Yes. Since approval in late 1994, the trust group has acquired over 22,000 acres of endangered species habitat and is projected to be about four years ahead of habitat loss due to urbanization. The plan provides mitigation for environmental impacts to protected plant and animal species without delaying project processing or construction.