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HomeMy WebLinkAbout11/09/2011_WB_AGENDA_PACKET Special Mtg40 City of Bakersfield VVater Board S ecial meeti*ng of November 9, 2011 � �\ y: \ \\ � y � \.� \m \�� 2� Kern River in Kern Canyon Water Reso rce FI*Ie acket 1� DF:� Wz%UIFI P \ Davod Couch, Chat r HaTo�d Hanson, V6ce C ha'oF Russe�p Johnson NOTCE OF A S ?ECOAL Nn1EETNG OF 7HE C ffY OF S/, KERSF�ELD n WA7HR BOARD Notice is hereby given that a Special Meeting Of the City Of Bakersfield Water Board will be held On Wednesday, November 9, 2011 at 2 :00 pens. on the Water Resources Building Conference Room, 1 000 Buena Vista Road, Bakersfield, CA 93311 �ENDA C_:LL 1CU OO RDER 2. ROLL CALL �� MINUTES A. Minutes of the special meeting of September 7, 2011 for approval ® For Board Review and Action 4. PUBUC S7AUEMEN7S 5. KERN ROVER LEVEE MS7R�C7 A. Kern River & Isabella Reservoir Operations Report - For Board Information B. California Cooperative Snow Surveys Program W For Board Information 7. DEFERRED EMNESS NEW :USINESS A. A Resolution of the Council of the City of Bakersfield setting Domestic Water Availability Fees - For Board Review and A(; Lion Water Board Agenda November 9, 2011 Page 2 8. NEW o USQ N ESS confonued B. A Resolution of the Water Board Committee of the Council of the City of Bakersfield recommending adoption of enhanced Habitat Management Plan. For Board Review and Action 9. RAJSC ELLA 1 EOUS A. Schedule Regular Water Board meeting on January 18, 2012. For Board Review and Action 10. WA7ER BOARD s7AYE EN7S �I . C.LOSFD SESSION 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b) (3) (A) of Government Code section 54956.9 (One matter). CLOSE � SESSION ACTION 13. ADJOURNMENE T- ART CHIANELL , P.E. Water Resources Manager POSTED: November 4, 201 1 Water Board Meeting 3. MI N UTES November 9, 2011 A Minutes of the special meeting of September 7, 2011 for approval - For Board Review and Action MNUTES OF THE SPECIAL M EE7N cG OF THE VWAVER BOARD d C ffY OF a AKERSF [l) Wednesday, Sep�embsr 7a 2011 - 2:00 p.m. Water Resources Buflding Cor Terence Room 1000 Buena Vista Road, Bakersfoe0d, CA 93311 I . CALL UO ORDER Chairman Couch called the meeting to order at 2:00 p.rn. 2. ROLL CALL Present: Chairman Couch, Vice -Chair Manson, Member Johnson Absent: None 3. M N UUES A. Minutes of the regular meeting of June 15, 2011 for approval. GAOffon by Hanson �o approve Me M§nu�es OF Me re(ougar meefoflg OF June � s, 20 V a. APPROVED ALL AYES 4. PUBUC KA7EMENM A. Ann Matthews, Director of Kern county Water Agency, thanked Russell Johnson for meeting with the Agency staff and T. .I.P. regarding the exchange of water and building box culverts. 5. KERN MVER LEVEE MSMC7 A. Kern River Levee Provisional Accredited Levee (PAL) Certification Update. B A K E R S F I E L D MNUTES OF THE SPECIAL M EE7N cG OF THE VWAVER BOARD d C ffY OF a AKERSF [l) Wednesday, Sep�embsr 7a 2011 - 2:00 p.m. Water Resources Buflding Cor Terence Room 1000 Buena Vista Road, Bakersfoe0d, CA 93311 I . CALL UO ORDER Chairman Couch called the meeting to order at 2:00 p.rn. 2. ROLL CALL Present: Chairman Couch, Vice -Chair Manson, Member Johnson Absent: None 3. M N UUES A. Minutes of the regular meeting of June 15, 2011 for approval. GAOffon by Hanson �o approve Me M§nu�es OF Me re(ougar meefoflg OF June � s, 20 V a. APPROVED ALL AYES 4. PUBUC KA7EMENM A. Ann Matthews, Director of Kern county Water Agency, thanked Russell Johnson for meeting with the Agency staff and T. .I.P. regarding the exchange of water and building box culverts. 5. KERN MVER LEVEE MSMC7 A. Kern River Levee Provisional Accredited Levee (PAL) Certification Update. Bakersfield, Caiofornoa, September 7, 2011 -- Page 2 6. REPORUS A. Kern River & Isabella Reservoir Operations Report. 7. DEFERRED aU&NESS Pone 8. NEB o USNESS A. Demolition of Structures at 4301 Chester Avenue. 9. AMSC ELLA EOMS A. Water Resources Department's efforts to assist the Thomas Roads Improvement Project (TRIP) Construction .Activities. 10. WA7ER BOARD VAMMEN7S Russ Johnson thanked Art Chianello for facilitating the meeting with the Kern County Water Agency and T.R.I.P. Darold Manson thanked Art Chianello and Jason Meadors for assisting the residents in the Pin Oak Park area regarding the sump issues; and thanked Alan Tandy for his leadership. Bakersfoe�d, Caffornoa, September 7, 2011 - Page 3 CLOSED SEMOM A. 1. Conference with Legal Counsel - Existing litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Two castes). a. State Water Resources Control Board Reference No. K 1 674 b. City of Bakersfield v. Buena vase Water Storage District; Rosedale ® Roo Bravo Water Storage District Kern County Superior Court Case fro. - 1500-CV-274238 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b) (3) (A) of Government Codes section 54956.9 (Ong matter). Chairman Couch recessed the regular meeting to Closed Session at 2:22 p.m. Chairman Couch adjourned the meeting from Closed Session at 3:46 p.m. 12. CLOSED SESSQOM ACTON Virginia Gennaro, City Attorney, announce Closed Session action as follows: 1 1. A. I .a. Direction was given to the City Attorney's office. I I . A. I .b. There was no reportable action. 1 1 . A. 2. Direction was given to staff. 13. ADJOURNMENT Chairman Couch adjourned the meeting at 3:47 p.m. David Couch, Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting 6. REPORTS November 9, 2011 A. Kern River & Isabella Reservoir Operations Report - For Board Information LU C) 4 lz 0 70 uu w LLJ cr. LLJ Cl) cr. ad 04 W 0 aC .j LU LL o a LLJ CM LL! N 0 .i LL -i OCC cc M Z M W Z m LLI �d 0 0 0 0 0 0 0 0 0 0 0 0 c 0 0 C) c 0 0 0 0 0 0 LO 4t M N o 0 00 r,-- CD LO 4t � C\j GNOO:3S HEld 133 -4 Oigno T" 7 0- (D cn C15 2i LL ca n 0 7 �S�Sau������ �o ®� ������ J.JOV UD 3E)VUO.LS LO U- C. LL 0 LL 0 LL CU 0`7' U- C) 0 LL C) (D 4- U- C:) C:) 4-; o LL U- N C-- 00 C:) C\j (=) 0 CD (=) r,- C\j C:) CY) 0 ::1- 0 co C) o Cf) C.0 C:) LO C:) Oo 0 CD ®� Lo C.0 C:) LO Lf) LO 06 C:) 00 ®� - 04 U-) Oo LO - LO 0 C6 C:) r-- - C\j 0 1 C\j U") r- 6-7 LO 0 co -0) 0(6 LO LO C) ICT 0 LO C:) C) Cf) C\j LO N LO C\j 1� qql* C\j 1� 'cl, N CY) C\j I--, ce) LO C\l LO C\j N LO C\l- T- LO C\j -r- C\l N. LO LO N 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0 0 C) c 0 0 0 0 0 0 LO 4t M N o 0 00 r,-- CD LO 4t � C\j GNOO:3S HEld 133 -4 Oigno T" 7 0- (D cn C15 2i LL ca n 0 7 oor CU T f cn �� 0 1 0 0 U. 1 cc I ji 0 4-6 co ! / . .00 i I i � 0 I i ' ' � mmommi L 0 0 0 0 0 0 0 0 0 0 0 0 c 0 0 C) c 0 0 0 0 0 0 LO 4t M N o 0 00 r,-- CD LO 4t � C\j GNOO:3S HEld 133 -4 Oigno T" 7 0- (D cn C15 2i LL ca n 0 7 Water Board Meeting 6. REPORTS continued November 9, 2011 B. California Cooperative Snow Surveys Program - For Board Information z4j _' E fjFQRAT1fA COOPERATIVE SNOTY V S UR V7 YS PRO G "-���M ESTABLISHED 1929 F. 0. BOX 219000, Sacra m-ento, C al�ornia 95821 October 3, 2011 Dear Cooperators: We are 0eased to annoLnce that 57th Annual Coo eratcrs' Meaeting of she snov: Survey Program will be helld at the Gold Miners Cnn Holiday Onn Express in Grass vaHey, , CA, November 2 -4, 2211. A specia0 reduced room rate has been set aside at the cud lj'Ylj !hers Inn for irneeting attendees, so be sure to mention that you are attending the caifforn,�a Cooperatave Snow surveys meeting. [reservations for the Gcdd VM�ners inn can be made by caning 530 - 477 -1700. Dir ecLions and other hotel informaticn cal be found at www.thegoldminersinn.com. Registraticn for the sleeting 1vMH be $4.9 this year and 4ppfiH incUe the cost for the Annuaa Banquet which °oMH be the evening of Thursday, Noverrnber 3 and Lunch on Thursday. PQease fi]H out and seed the enc0osed registration corm to our office as soon, as possUe. The registration forms are also available on our website at http: / /cdec.water.ca.gov /snow /meetin /2011. Cur .d r uH meeting agenda wiH be posted a�,; the same address as soon as it is available. Ve icolk fd.rward to seeing aCu of you at this meeting. n o you have any questicns please don't G esitate � c 2000 ,°�� at (9'5) 574 --2635 or e -� aH gr6dey� �l�gater.ca.gov, or Dave at (915) 574 -2933 cr e- maH at daver@ vnialter.ca.gov. Sincerely, Pram Gehrke, chief Dave Rizzardo, Chief aiifornia cooperative snow! Surveys Program snores S urjeys Section Division of Food Management DMsion of Rood Lv anagemen►s Attachmen., CALIFORNIA COOPERATIVE SNOW SURVEYS PROGRAM ESTABLISHED 1929 ya, Y-SEVEYTH ANNUAL MIETIFaNG, 0F C&DPE RArDDRS November 2-41 2011 Grass Valley, CA 7EN7A7EVE AGEA.,NDA (Subject to ChEnge) **** Wednesday, November 2 **** 1600 -193® RL-1gistration & Check-an on site — Crass Valley, CA -3X- Thursday,, November 3 0730 -09® On-site Registration 0900 -091® Welcome and Introductions — Dave Ri. t -, 72, .- Tdo., Snow Surveys 0910-1030 DWR Staff Reports 1030-1045 Break — Poster Session 1045-1200 C " ooperat 7 -or Reports — Snow SurvC.,,y Prograi-n Coop. Agencies 1200-1300 Lunch 1300-1345 Climatology and Weather Outlook 1345-1700 Af,ernoon Teti deal Session — Feeaturing a variety of technical speaker's (speakers to be determined) 1700 Aq�ourri 1800- ? Social Hour and Annual Banquet Banquet Speaker **** Friday., November 4 *3�-** 0900-1100 Data Collection Workshop 1100-1130 Other topics of interest 1130 Add ouni WATER RESOURCES DEPARTMENT MEMORANDUM September 20, 2011 T(i�: A cyr7 Tc�nc�y, .:.:. t c�r��c:�c•� _�r� FROM: QT� CNaneHc5 VvYT &9T RescuTc as Manager SUEJEC7: Appmva� �w 7mve ua Annum Sno�jV Conference The agenda is as follows. Wednesday Novem or 2jid s an afterroon trawl day. Thursd3y is an aH- ay session con&'sfing of field instrum n -u ata n (rescheduled from Wednesday), Department of Wato Resources staff reports, cooperator Ve or"Lls, cHmcto�o y and weather oufloo o and afternoon technical sessions. Friday morr-Ing is a data collection works"hop and travel day,-)once. The Cuty usually sees the water Resources Mcnager and the Hy ro raphuc 3u ervsor and/or the Hydrographh c Engineering Tech to this conference. l am request�ng authorization for travel to this conference for myself and John Ryan (Hydrogi,apher). The cost per person is approximately $300 which inc�udos re in. -ra- ;-non, hod on , and per diem. This conference is an opportunity to build and maintain working relationships with other watershed interests and to Stay abreast of the latest news and technologies. Given the current budget so [ uatoon oar is understood that travel for AL1 employees mus- be assessed on a caso- ycase basL,s. Thank you for your consideration of this request. • B A K E R S F I E L D WATER RESOURCES DEPARTMENT MEMORANDUM September 20, 2011 T(i�: A cyr7 Tc�nc�y, .:.:. t c�r��c:�c•� _�r� FROM: QT� CNaneHc5 VvYT &9T RescuTc as Manager SUEJEC7: Appmva� �w 7mve ua Annum Sno�jV Conference The agenda is as follows. Wednesday Novem or 2jid s an afterroon trawl day. Thursd3y is an aH- ay session con&'sfing of field instrum n -u ata n (rescheduled from Wednesday), Department of Wato Resources staff reports, cooperator Ve or"Lls, cHmcto�o y and weather oufloo o and afternoon technical sessions. Friday morr-Ing is a data collection works"hop and travel day,-)once. The Cuty usually sees the water Resources Mcnager and the Hy ro raphuc 3u ervsor and/or the Hydrographh c Engineering Tech to this conference. l am request�ng authorization for travel to this conference for myself and John Ryan (Hydrogi,apher). The cost per person is approximately $300 which inc�udos re in. -ra- ;-non, hod on , and per diem. This conference is an opportunity to build and maintain working relationships with other watershed interests and to Stay abreast of the latest news and technologies. Given the current budget so [ uatoon oar is understood that travel for AL1 employees mus- be assessed on a caso- ycase basL,s. Thank you for your consideration of this request. Water Board Meeting 8. NEW BUSIN'SS November 9, 2011 A. A Resolution of the Council of the City of Bakersfield setting Domestic Water Availability Fees - For Board Review and Action F`�ESULU -i�ION NC��. A RE OLU QN OF TI -iE COUNCI L OF THE CITY OF F3A ERSFIELn SETTING U• ESTIC WATER AVAI LAS I LI Y FL _.._ WHEREAS, the City is skated with the resp®nsibiNy ®f ensurong that aH proposed development on the Cony's Domestic Water service area wiH have a Vases high quaRy Water supp0y and pressures ®r such deve�oprnent cannot proceed; and WHEREAS, on order to ensure Water suppHes wiH be EwaHaNe for current and new users, the City must take aH necessary steps to procure and capture Water resources, incU6n , but not Honed t®, acquiring real property for the drHHng of Water WeHs� installation of transmission Water mains and W t{�r treatment facHiti s; and WHCLf11EAS9 the cost ®f procuring and maintaining the Water supply is an expense Which is funded from the Various fees estaNished f ®r the use of such Water suppNes9 and V / HEG° EAS9 the AvaHab6Hty flee charged to ensure Water wiH be accessNe for new deve�oprnent (cost of funding now water weH constructucn, purchase of �and for recharge fact ies, etc.) is currently $5,664.00 per acre and has not been adjusted since January 1, 2011; and WHI LR1Efr S, pursuant t® Government Code Section 66016, the City noticed a hearing for December 149 2011 regarding the setting ®f the availa ity fee; and WHEREAS, Whole, pursuant to the ca�cu�atoons set forth In [ExNbo'� "A", attached Page 1 ®f 3 iJV®L%l/ 9 7HER)EFORE9 BE F RESOLVED by the CouncH of the City of Bakersfie0d as foflows: 1. The above recotaas are true and correct and incorporated hereon by reference; 2. The City CouncH hereby adopts a new water avaHa iRy fee ®f $5,737.®® per acre based upon the cancu�ations contained on "A"; 3. Such fee represents the reason Ne cot ®f sneering an adequate water supOy for future deve0 pment on the City. -------------- 000= -------------- [gage 2 of 3 0 HEREBY CIER7 FY that the foregoing Resokition was passed and adopted by the Council of the Corky of BakersfieQ d at a regu ar mooting thereof he0d on by the fonnowing voted AYES. COUNCIL MEMBER BENHAM, COUCH, HANSON, JOHNSON, SALAS, SULLIVAN, WEIR NOES: COUNCILMEMSER ABSTAIN: COUNCILMEMBER ABSENT: COUNCIL EMBER APPROVED =010 HARVEY L. HALL Mayor APPROVED AS To FORM: V�RQN�AGENNAR0 City Attorney SA VJRQN�A GENNARG City Attorney Page 3 of 3 ROBERTA A. GAFFORD, CvMC CITY CLERK AND EX OFF00 Clerk of the Council of the Corky of Bakorsfoo�d FNR AEI Q,QLABUTY FEE Construction Cost Index 118,x;71.97 1179352.78 Divided by 12 99906.00 91779.40 Computation of change in CCU 2010 91906.00 2009 91779.40 ------ --- -- - -- f cal {► ! I, 6 0 Change 1.29% Current Availability Fee - Jan 1, 2011 Change N Construction Cost Index Now AvaHabHlty Fee d March 19 2012 $5,664 1.29% $59737 2010 - 2009 January 9761.94 9810.94 February 9763.69 9796.69 March 9769.69 9799.19 April 9771.69 9797.44 May 9945.44 97 9.94 June 9962.19 9777.19 July 9968.69 9764.44 August 9969.19 9766.19 September 9948.55 9765.44 October 9999.05 9760.69 November 10007.55 9760.94 December 10004.3 9763.69 118,x;71.97 1179352.78 Divided by 12 99906.00 91779.40 Computation of change in CCU 2010 91906.00 2009 91779.40 ------ --- -- - -- f cal {► ! I, 6 0 Change 1.29% Current Availability Fee - Jan 1, 2011 Change N Construction Cost Index Now AvaHabHlty Fee d March 19 2012 $5,664 1.29% $59737 Water Board Meeting November 9, 2011 8. NEW BUSINESS continued B. A Resolution of the Water Board Committee of the Council of the City of Bakersfield recommending adoption of enhanced Habitat Management Plan. For Board Review and Action in A RESOLUU ON OF 7HE WA7ER BOARD COMMMEE OF 7HE COUNC L OF 7HE CffY ®F BAKERSF�ELD RECOMRAENDMG ADOMON OF ENHANCED HAMA7 Mfa�NAGEME:N7 PLAN. WHEREAS., in 2004 the federal government proposed designating a substantial portion of the City of Bakersfield'S 2800 Acre Recharge Facility, located at the western edge of the boundaries cf the City, as "critical habitat99 for the Buena Vista Lake Shrew (Shrew), a fede-..rally protected endangered species; and WHEREAS,, in 2004 the USFWS approved the Plan and consequently did not designate any portion of the 2800 Acres as critical habitat; and - Page I of 4 Pages WHEREAS, in 2009, as the result of the settlement of litigation, the OSFW proposed revising the critical habitat designafion for the Shrew. Among the 4,649 acres in Kern County proposed for critical habitat, 287 acres was the City's 2800 Acre Recharge Facility; and WHEREAS, the objective of the Enhanced Plan is to establish stability and certainty with the City's oar -going activities within the 2800 Acre Recharge Facility so as to maintain suitable habitats for the Shrew, by: �. Implementing avoidance and minimization measures related to City activities (limited human access, maintain the site livestock free, etc.); �. Establishing, enhancing and managing key areas for the species as permanent conser cation areas; �. implementing a monitoring program that provides sufficient information to determine relative fluctuations in habitat considered suitable for the Shrew in a manner that allows for adaptive management, �. Providing a stable and permanent funding mechanism for on- going management and monitoring for the Shreve; are 5. Continuing to prepare and submit annual monitoring reports regarding ongoing and enhanced management and monitoring activities relative to he Shreve within the 2800 Acre Recharge facility; and WHEREAS, the Water Board will adopt and approve the Enhanced Plan, and implement the Enhanced Plan following a eterminat on that no portion of the 2800 Acre Recharge facility has been designated as critical habitat for the Shrew. NO K, 7HER FOREo BE 0f RESOLVED by the Wafer Board Committee of the Council of the City of Bakersfield, as follows: 1. The above recitals are true and correct and incorporated herein by reference. 24 The Water Board of the city of Bakersfield adopts the Enhanced Plano attached hereto as Exhibit Ao following a determination that the USFWS has not included any portion of the City's 2800 Acre Recharge Facility as critical habitat for the Buena Vista Lake Shrew. - p- _---- Ye- 000_____-mm__ fl HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Wafer Board Committee of the Council of the Cify of Bakersfield at special meeting thereof held on AYES: NOES: ABSTAIN: ABSENT: 01211��� IBM WATER BOARD MEMBER: COUCH, HANSON, JOHNSON MATER BOARD MEMBER _ WATER BOARD MEMBER WATER BOARD MEMBER DAVED COUCH Chairperson of the Water Board APPROVED AS TO FORM: VI RG A GENNARO City Attorney By VaRG N A GENNARO City Attorney Attachment: Exhibit "A" , by the following vote: BOBNE ZARAGOZA, Secretary of the City of Bakersfoe�d Wafer Bard 'lg_ Pages `7 LIV 9 I'' a n Ecclogical Consult*Mg Firm ADDENDUM 70 7H'E BUENA ti'pS.LA LAKE SHREW SIPEC'7AL MANACslc.MEN 7 II G..qN FOR 7HE KERN YRilN WA7?R = 8_CWIARGE gq'Q'L; Prepared by LAVE OAK ASSOC RATE S9 ,'IN-CC Rick A. Hopkins, Ph.D., Principal and Senior Wildlife Ecologist Ll� Pamela Peterson, Sr. Project Manager/Plant and Wetland Ecologist Brett Dickson, Ph.D., Associate Statistical Ecologist Matt Farnsworth, Ph.D-) Associate Statistical Ecologist Prepared for: Mir. Aa-t Cha*aneHo City of Bakersfield Water Resources 1000 Buena Vista Road BakersfieJ d, CA 93311 October 12, 11 Project 557-01 San Jose: 6840 Via del Oro, Suite 220 o Sari Jose, CA 95119 o Phone: (408) 224-8300 o Fax: (408) 224-1411 Oakhffst: P.O. Box 2697 * 39930 Sierra Way, SLIfte Bo Oakhurst CA 93644,* Phone- (559) 642-4880 o Fax: (559) 642-4883 Bakersfield: 8200 Stockdale Highway, M10-293 a Bakersfield, CA 93311 1 .0 RNT ROD UCT�(Dlq In December 2004, Live Oak Associates, Inc. (LOA) prepared the Buena Vista Lake Shrew Habitat Management Plan for the Kern Fan Water Recharge Site (hereafter referred t® as the "Management Plan"), a copy of which is provided in Appendix A. The foregoing document serves as an addendum to the 2004 Manaaement Plan. This Addendum updates, enhances and expands upon this plan. Revisions to the 2004 Management Plan that this addendum addresses includes: 0 Establishment of an updated baseline *in 2011 © Establishment of a mechanism to ensure that habl.tat for BVLS on-site is protected in perpetuity from conversion * Provisions for funding of the ongoing BVLS management and monitoring acl2vities provided under the Management Plan and this Addendum * Provisions for additional monitoring including annual monitoring for BVLS invertebrate prey and periodic BVLS surveys. 20® BACKGROUND) The Kern Fan Water Recharge Area (KFRWA) is located in the City of Bakersfield *in Kem County, approximately one mile northeast of the intersection ®f Enos Lane (Highway 43) and Interstate 5 (Figure 1). The KFWRA has been owned and operated by the City of Bakersfield since 1977 for the purpose of providing "flood controll natural lands and wildlife habitat conservation', Hmited access public uses. I ., water conservation and mineral product*on" (City of Bakersfield water Resources Department 2004). The approximately six - n-ille long, narrow site trends generally northeasterly and is bounded t® the northeast by agricultural lands, to the northwest by the Kenn Water Bank, and along its southeastern boundary by the Kern River Canal. Approximately 1.500 acres of the site consists of 13 Spreading basins. These basins a-"e managed by the City in order to spread floodwaters from the Kem River, as well as fro-ni other sources such as the State Water Project, for the purpose c,f buffering downstrea:11 flooding and allowing for the recharge of underground aqaifers. The ability to recharge 2 Live Oak Associates, Inc • - _ ::cam _...__ ..�::��;r� : - . ' 1 N Site Location flap f STATE (HV\I c O Kern Fan Water � Recharge Area T > Hume Rd ; -- �� a Pacheco 919 Rd pensinger Rd PANAMA LN C M STATE HWY 119 V6CQnoty Nap 99 2 mi 0 43 _ � .� •� 2 mules Ap- approximate scale See 17,,E 1 ' ReQ ®��d I� _ cat n Map (above) p . Project San sit - ,'� �, .. •� LUOS See 13 8 W� i c n Ky Map � ,... 11 .. _.. 246 z 154 Sang •'�. �__.. -:- 101 r=' �J . Live (�a .�- -�-� ��- Associates Dnc. C? --I Kern fan BVLS Year 6 Monitoring C f C O Site / Vicinity Ma A"s. ..k I i D Figure # .ge �� ate Project # _ ,.- Not to scale 12/8/2010 557 -08 1 underground aquifers is especially important to the City, as groundwater is the primary source of water for the area. Another approximately 760 acres of the site consists of the primary floodplains of the Kern River, which flows east to west across the northern portion of the site. The residual acreage is devoted to a mixture of uses, including a paved bike trail, access roads, levees and top rcads, the Kern River Canal, and limited oil production activities. Additionally, Union Pay "-Yflc RaHroad tracks run northwest to southeast through the center of the site. The 2004 Management Plan was prepared in response to the US WS' designation of 2687 acres of the 2800 acre Kern Fan Water Recharge Area (KFWRA), owned by the City of Bakersfield, as Unit 3 of Critical, Habitat for the Buena Vista Lake shrew (S'orex ornatus relletus)(BVLS) which was federally -listed as endangered on March 6, 2002. The USFWS has noted that if an area proposed for inclusion as critical habitat has an approved Manacrement Plan for EX LS in place, then that Unit can be removed as critical habitat as long Ln as the plan satisfies their criteria for adequate management for the species. Prior to preparation of the ManagL-meant Plan, in September 2004,,.LOA biologists Conducted surveys over the entire site to determine which areas actually supported habitat for the species based on two of the three primary constituent elements (PCEs) developed for the species by the USFWS. Based on the best scientific and other information available for the BVLS, the USFWS came up with a set of three PC Es required to support and sustain the species (50 CFR Part 17. .) 2004). Together, these PC Es include: 1. Riparian or wetland communities supporting a complex vegetative structure with a thick cover of leaf litter or dense mats of low-lying vegetation; 2. Suitable moisture supplied by a shallow water table, irrigation, or proximity to permanent or se.-mi-perman,c._--.nt water; 3. A consistent and diverse supply of prey. The 2004 habitat assessment focused on the first two PC Es (i.e. vegetation and moisture zn regime), assuming 'if these were met, then the third PPE, prey supply, was also met. Based on the LOA surveys and on hydrology data provided by the City of Bakersfield, the site was 0 broken down into three categories: areas which did not support either the vegetation or 4 Live Oak Associates, Inc. hydrology PCEs (i.e., areas that provided no habitat for BVLS); areas where only the ZD vegetation criterion was niet (Priority 2 Areas); and areas that met both the vegetation and hydrology criteria (Priority I Areas). Findings from these surveys determined that only 1759 acres of the 2800-acre site met the first PCE and only 1344 acres met both the vegetation and hydrology PCEs and, therefore., only 1344 acres of the site could )e considered habitat for BVLS. While the City has historically managed the site in such a way as tc indirectly benefit BVLS by the creation and maintenance of moist, densely vegeta-ted habitats over the site additional opportunities to enhance habitat for this species were identified in the 2004 Management I Plan, , -isf stin R. . coi (y of the prior*t'zation of flow waters to Priority I areas of the site. An annual monitoring plan and an adaptive manacrement plan are also an intearal part' of the original It) t) Manao-ement Plan. The Plan in its entirety can be found in Append*x A. In December 2004 the City of Bakersfiield resented tie BVLS Management Plan to the p Ln USFWS. The City's primary ol�jective for the plan was to establish stability and certainty for their on-going activities within the KFWRA. The City's Maiiagement Plan provided a benefit to BVLS by maintaining habitats of the site in their natural vegetative condition., protectincT this habitat from adverse anthropocrenic affiects includin(a agricultural and urban development, ZD 0 Zn and maintaining and enhancing- habitat (where possible) through water flow prioritization and ZD mana ement. The Management Plan also provided for clear and specific objectives as well as 9 a monitoring regime and adaptive management component to ensure that objectives were Ln realized. in response, the USFWS agreed that the pL-an met their criteria for adequate management of the species on-site and they removed the site from proposed critical habitat in L" their final rule. The City of Bakersfield has been committed to the Management Plan and has continued to meet their oblicrations under the plan since its inception and acceptance by USFWS six years agyo, monitorincy site conditions annually and meeting annually with USFWS to submit the t) annual monitoring report and discuss its findino's. Ln More recently, in response to a July 9, 2009 settlement agreement with the Center for Biological Diversity, the USFWS proposed to revise the BVLS critical habitat designation. Ll 5 Live Oak Associates, Inc. On Aucyust 9 2009, they published the federal register 0. 9 (50C1FR Part 17/Voi 74. No 202:53999-54017) a proposal to list the same 4,649 acres as the original proposal from 1-004, includino- 2 687 acres of Unit 3 (the KFWRA site). In response to these act*ons taken by t 1) 1 1 1 USFWS, the City of Bakersfield has prepared the foregoing- addendum to the Management Plan that will update, enhance and expand upon the plan for the U'SFWS to review and approve, with the understanding that Unit 3 will once again be removed from the final rule for critical habitat. 10 HAMTAT MANAGEMENT PLAN While the complete 2004 Management Plan can be found in Appendix A, the following is a summary of the main elements of the Plan. • It established a baseline of which areas of the proposed Unit 3 actually supported suitable "habitat" that is consistent with the primary constituent elements (PCE) as defined in the 2004 proposed rule. This effort found that only 1344 acres satisfied the vegetation and moisture relaime PCE's. �t was assumed that if the first two PCEs were '.n found for an area, then the third (i.e., prey base) would also be present. • The City of Bakersfield's General Plan designates the KFRWA as "Open Space (OS): Ftoodplains and Resource 'Management Area". • Current management of the KFRWA limits public access. • Livestock grazing was terminated once the City acquired the property. • The City follows all applicable laws with regard to sensitive biological resources occurrincy Ln on the site including the state and federal endangered species act. The City conducts pre-activity surveys for special status plants and animals (e.g., the construction of 16 emergency water wells in 1991). • The Plan prioritizes delivery of flows. The City does not have ultimate control over the amount of miater entering the KFWRA since the amount of available flow water is largely weather dependant. However, the City can choose which order the various L- basins can be filled. The City established a priority schedule based on the work completed in 2004 for the Management Plan. • Monitorincy methodologies that have been implemented to track changes in the vegetation component include percent cover, percent cover by leaf litter, matted vegetation and/or overhanging riparian vegetation. Surveys also evaluated the health 4:� 0 and vigor of riparian trees and shrubs and established photo documentation sites. 6 Live Oak Associates, Ine. o The City has monitored the Plan since its acceptance by the USFWS since 'its inception. Annual monitoring reports have been submitted to the USFWS for their review and comment. 4.0 R- EVEKONS AND ENHAMCRMENTS TO THE 2004 PLAN EstabHshment ®f a New H2seHne. This addendum to the Management Plan Would establish an updated baseline in 2011, determining which areas of the proposed Unit 3 actually support suitable "habitat" that is consistent with the PC Es as deflined in the proposed rule. As noted above in 2004 it was found that only 1344 acres of the 2800-acre site met the veactation and molStUre regime PC Es. It was assumed if the first two PC Es were found for an area, then the third ICE (i.e., prey base) would also be met. The same methodology used in 2004 to establish the presence or absence of the first two PC Es will be implemented in 2011 to generate and updated baseline. EstnhHshment ®f 2 Cky ResoRuflon t® Cocffy the Cty's Long-teTnm Comaliftmealt. This Addendum proposes that the Water Board Committee of the City council will pass a resolution stating that the City's recharge facility will be managed within the arameters p estab'','ished in the 2004 Managen-ient Plan and the 20111 Addendum for the BVI-,S. The Plan (and its 2011 Addendum) provide for the City to meet their primary ol��eetive of water recharcyc within an adaptive management framework to optimize long- -term persistence of the L- t:) BVLS to the extent possible. Pz-owMons for Yundng. This addendum will provide for certainty �n the fundina of ongoincy 0 ZD BVLS habitat management and monitoring activities. Pirovl& for ConflnuntR*on off` Piriojr�t�z2flon ®f Water Mows. The City will continue to prioritize delivery of I- lows. As noted above, the City does not have ultimate control over the amount of water entering the II FWRA since the amount of available flow water is largely weather dependant. The City will continue to maintain a priority schedule based on the work completed in 2004, the six years ®f annual monitoring that has occur-red to date, the proposed baseline surveys for 2011 and future monitoring efforts based on the 2011 Addendum. 7 Live Oak Associates, Inc. �n&us!on of Monitoa-Eng Toir the Piresence/Absence of HVLS. In addition to continuina the monitorin0 a protocols as set forth in the 2004 'Management Plan, the City proposes to enhance. the current monitor ino- protocol with the inclusion of a focused trapping effort for BVIS with the priniary goal of assessing the continued persistence of BVLS on the site. L" We have consulted with Brian fir, pher Ph.D. of the Endangered Species Recovery Program (1FSI P) at CSU Stanislaus regarding a study design that would, at a minimum, replicate the 1999 trapping effort conducted by Willia H m and arpster (2001) on the side end be sufficient to Z:� ascertain presence/absence of the shrew on-site. While exact details of the study design are yet to be determined, based on Dr. Cypher's recommendations, a niinimum 4-night trapping effort is proposed. Based on the results of the William and Harpster study (2001), mortality for the shrew as a result of trapping appears relatively high (2 fatalities out of 16 total captures); therefore, we do not recommend that trapping be conducted on an annual basis, but rather.,, once every five years or even less f7equently. Pirey-h2se Stu des. In addition to the BV LS trapping studies proposed above and the annual monitorino- of vegetatam and moisture regime PCEs already in place as part of the 2004 t__ Management Plan, we propose to conduct annual monitorincr for the third ]SCE i.e. "A consistent and diverse supply of prey". Shrews are primarily insectivores, known to prey upon a variety of terrestrial and aquatic adult and larval insects. Common shrew prey includes other invertebrates such as spiders, worms, and snails. Using one or more established methods of invertebrate sampling (pitf ffl traps, sweep netting, st"Acky traps, vacuum sampling) an annual monitoring protocol will be developed to determine the diversity and abundance of invertebrate prey on the site. Initially, we will sam-.ile the insect community using well-estaNished, statistically valid methods for invertebrate data collection across the monitoring area. Our sampling frame will be designed to capture information on invertebrate (i.e., prey) species composition and abundance using, for example, pit fail traps that are systematically placed across the Live Oak Associates, Inc. monitorincy area. Data collected during the first year will be used to determine the efflicacy of our field methods and to determine if we have achieved sufficient power to detect variability in invertebrate community composition and abundance across the monitoring area. This pilot e5ort also will allow us to assess the presence and composition of species considered to be shrew prey. Should modifications to the sampling protocols be necessary they will be implemented the following year and a reassessment of sampling efficacy will be completed. Samplincr of the invertebrate community will occur annually and possibly even more firequently to capture variation in invertebrate community metrics between and/or within years. To better understand how the assemblage of invertebrate species varies in space and time across the monitoring area we will treat the data as a nietaconini tin ity: a group of spatially distinct, local communities linked by dispersal of multiple, potentially interacting species (Hanslki and Gilpin1991). Adopting this definition naturally leads to the use of contemporary hierarchical occupancy models that provide several advantages over earlier analytical approaches. A hierarchical structure allows Lis to specify higher level, community- wide distributions that link detection and occupancy probabilities across species, for example, by specifying a multivariate normal distribution for estimating metacommunity-level parameters that apply to all species. This approach provides an advantage known as "borrowing" by lever wrin the information from one species to inform us about the detection 0 Ln and occupancy parameters for a different species. This tyj,ilcally increases the precision of our parameter estimates, particularly for species that are uncommon or detected 'infrequently (Dorazio et al. '2010). Another important strength of this approach is the use of data auamentation methods to estimate the total number of species present within transects and across the monitorincr area when not all species actually present are observed. Filially, a hierarchical formulation adds a great deal of flexibility in identifying spatial structure (e.g., positive spatial autocorrelation) in the data and accounting for this when estimating parameters of interest, such as species richness and occupancy dynamics over time. Our analytical framework is cast as a set of competing models that quantify insect community composition and species abundance as a function of habitat and weather variables across the site. Specifically, we will develop multi-season, multi-species hierarchical (i.e., multi-level) Bayesian models ()l orazio et al. 2010, Zlpkin et al. 2010) to quantify the extent to wh_ch vegetation composition and structure measured in the field, as well as weather patterns and 9 Live Oak Associates, Inc. other expert-defined covariates, explain and predict variation in occupancy dynamics of the Rnvei-tebrate community. To obtain a statistically valid estimate of insect community composition, and other metrics such as diversity and evenness, we will build methods into our field sampling that allow for an estimate of the detection probability for every species in the data within our model-based occupancy framework. This may include repeated visits to the s'anie transect over a short period of time or double observer sampling of transects at each Visit. We Will use contemporary model selection techniques to identify those models, and associated vegetation and weather variables that best capture the spatial and temporal variability in community- and species-level metrics of interest. We will analyze the invertebrate sampling data on an annual basis using our model-based framework and report on changes, both in space and over time, in key invertebrate community I SUC ity, spe es compositio metrics. h as divers* c* n.) and abundance of important prey species 1(_)r the shrew. The annual analysis updates can be used in an adaptive management framework to manipulate, for example, hydrologic recrimes and measure the subsequent response of the invertebrate community. Through this adaptive manacTement framework, practices that enhance the Invertebrate community will be identified and implemented with the assumption that such practices will propagate as a trophic cascade to benefit the shrew. 10 Live Oak Associates, Inc. L1zTERATUIRE C 71FRl City of Bakersfield Water Resources Department. 2004. "2800 acres" land & water manaaem",-,nt report. Doraziol R.M.,, Kery, M., Royle, J.A. and M. Plattner. 2010. Models Bor inference in dynar-nic metacommunity systems. Ecology. 91(8):2466-2475. Hanski, I., and M. Gilpin. 1991. Metapopulatioii dynamics: brief history and conceptual domain. Bloloe-ical Journtil of the LinneanSociety 42:3-16. USFWS. 1998. Recovery Plan for Upland Species of the San Joaquin Valley. Region 1, Portland, OR. 319 pp. USFWS. March 6, 2002. Federal Register Vol. 67: 10101-10113 USFWS. Aucrust 19 2004. Federal Realster Vol. 69: 51417-5144? Williams, 1). F., and A.C. Harpster. 2001. Status ®f the Buena Vista Lake shrew ( ornafus reliclus): final report in partial Sul - llment of the Central Valley Project Improvement Act Section 3406(B)(1). Report submitted to the U.S. Bureau of Reclamation, 9 October d- 2001. 22 p. Zipkin, E. F., 3'. A. Royle, 1). K. Dawson, and S. Bates.2010. Multi-species occurrence models to evaluatethe effects ®f conservation and management actions. Biological Conservation 143:479-484. Live Oak Associates, Inc. APPEND�X A0- BUENA V�STA IjAKE SHREW JIIAB�TAT MANAGEMENT PLAN FOR THE KERN FAN WATER RECHARGE MTE I � Live Oak Associates, Inc. A!145p, cv - � 0c; 9 IL, 0 a n Ecological Consulting Firm IGnJEiVF yIS"ll'A LAKE SHREW' NAM7A7 MANAGEMEN7 PLAN IFOR 7Hv ➢ FAN WATER RECHARGE Sa'TE Prepared by LEVIR OAK ASSUCTATES, �NC. Rick A. Hopkins, Ph.D., Principal and Senior Wildlife Ecologist Melissa Denena NI.S., -e/Wetland/Plant Ecol' -)-' I Wildlif 0( Ist Pamela Peterson,, M.S. Candidate Plant and Wetland Eczo:�logist Prepared for: Mir. ]FRoTal Core City of Bakersfield Water Resources 1000 Buena Vista Road Bakersfield,, CA 93311 December 10, 2004 Project 693) -01 San Jose Office,- 6830 Via Cie i Ora, Sure 205 San lose, (I'A 951 IQ, • Phtone: 408-224-8300 * Fax: 408 - 224 -141 1 CA 9- _-3644 * Phc,)np. 559-642-4880 • Fax � 559-64.02 88.3 Oakhu-r,st Office, P.O. Box 2697, a 494430 Road 26, Suite B # oak-hur" 7ABLIK OF CONTENT TABLEOF CONTENT .............................................................................................................. I 1.0 INTRODUCTION ............................................................................................................... I 1.1 BACKGROUND .................................................................................................................... 1 1.2 BUENA VISTA LAKE SHREW STATUS AND LIFE HISTORY ................................................... 4 1.0 EXISTING CONDITIONS ................................................................................................. 8 3.0 HABII"ArFMAN'ACiEDI/''-�",N"I'PLAN ................................................................................. 20 3.1 CLJRRr�.N'I'MANACJFMEN,rAc,iivt,i,IES CAN TliF-,,K.FRWASII-E ........................................... 20 3.2 ADI)ITIONAI, MANAGEMENT Ac'nwrIESTO BI.-ANSTITI-JI'ED ........................................... 2'? 4.0 MONITORING PLAN .................................................... o ................................................. 25 4.1 MONITORING METHODS ......................... .................. - ...................................................... 25 4.2 ADAPTIVE MANAGEMEN't .............................................................. - ................................. 26 4.3 ANNUAL USFWS MEETING AND MONITORING RE�PORT .................................................. 28 LITERATURECITED ............................................................................................................ 29 FX-51URES Figure1. Site Vicinity Map ........................................................................................................ 3 Figure 2. March 2000 Trapping Results .................................................................................... 8 Figure 3. Areas of Suitable Veget,,--.ition .................................................................................... 13 Figure 4. Areas of Suitable Vegetation and Moisture Regime ................... .............................14 7ABLES Table 1: Sample point results for the Buena Vista Lake Shrew habitat assessment ..................9 Table 2: Water flows on the Kern Fan Water Recharge Area site from 1999 through 2004-17 Table 3: Filling of the spreading basins on the Kern Fan Water Recharge Area site from 1999 through2004 . .................................................................................................................... 18 Table 4: Number of sampling points to be established in eacli area ........................................ 24 Table 5: Incremental and maintenance-level measures for Priority I areas . ........................... 26 Live Oak Associates, Inc. LO �NT�ZODUCT�ON This report addresses the City of Bakersfield's proposed habitat management plan for the federally endangered Buena Vista Lake shrew (,Sm ex ornwtis relictus (BV LS) on their Kern Fan Water Recharge Area (KFWRA). The KFWRA site is located �'n the City of Bakersfileld L-7) in Kern County, approximately one mile northeast of the intersection of Enos Lane (Highway 43) and Interstate 5 (Figure 1). The Buena Vista Lake shrew was federally listed as endangered oil March 6 2002 (67 FR 101019 2002). On August 19, 2004, the USFWS proposed critical habitat for the species (50 CFR Part 17, '004). Unit 3 of the proposed critical habitat for BVLS consists of 2687 acres of the approximately 2800-acre Kern Fan Water Recharge Area (KFWRAI) located in and owned by the City of Bakersfield. The primary purpose of designating critical habitat is to ensure that these areas are managed in such a way as to benefit (i.e. :aid in the survival and recovery ot) the target species. However, the designation of critical habitat alone does not ensure that special management criteria for a targeted species are instituted. (I'Tenerally, management considerations within zn critical habitat come about only in coijunction with Section 7 consultations, when required, ashion, and then occurs in a piecemeal fi typically not resulting in an. effective and integrated management plan over a larger area of habitat. As a result an effective habitat manauement plan can provide better conservation benefits for a taract species than can critical habitat designation. The USFWS has noted that if an area proposed for inclusion as critical habitat has an approved Manaaement Plan for BVLS in place, then that T.-Jnit can be excluded as critical habitat. They give three criteria to determine if a Management Plan provides for t:) zD adequate manacrement for the species: I The plan is complete and provides a conservation benefit to -"-he species (i.e., the plan must maintain or provide f ®r an increase in the species' population, or the enhancement or restoration of its habitat within the area covered by the plan)-, 2. The plan provides for assurances that the conservation manao-ement stratecries and actions will be implemented (i.e., those responsible for implementina the plan are to Live Oak Associates, Inc. capable of accomplishing the objectives, have an implementation schedule, and adequate funding for implementing the management plan); and 3. The plan provides for assurances that the conservation strategies and measures will be effective (i.e., identifies biological goals, has provisions for monitoring and reporting progress, and is of a duration sufficient t® substantially implement the plan and achieve the plan's goals and objectives). The following Manacrement Plan to be implemented by the City of akersfield for their t-D B KFWRA site satisfies all three of the above criteria. It provides a benefit to BV LS by maintaining habitats of the site in their natural vegetative condition, protecting this habitat from adverse anthropogenic affects including agricultura and urban development, and maintaining and enhancingr hcabit�,Tt throuc-rh water flow prioritization and management. The Plan also provides for clear and specific ot�jectives cl"ILS, well as a monitoring regime and adaptive management component to ensure that objectives are realized. The City anticipates that this Management Plan will be implemented pursuant to a management agreemeni,-.- with the Fish and Wildlife Service; the Plan and /®r the agreement may be approved in the context of Section 7 consultation under the Endangered Species Act. N Live Oak Associates, Inc, `51 N 'Meadow >.. si Snow Pleid .Norris 1 i ,, I __. CD �- A L 0 R l a - r' �� ..._..... �. �__.., �...__,_........_.___..._._....._-.,.__ _.._..._._......._.�__�..__._.. _ �...__..__._.�.n,�,.�.,.,:,. M Stackd a ... IX K E 3 `01 Z ^j Proposed Ln F � C� Panama Ln Panama Ln -x;119 ..�� &ta L®c�aOon Map J. Chi Grade V�C�nKy Map 1 i �rA, 1 , JL 5 mi 0 miles approximate scale Tri may:_ 1 See; - `� [ Re ions v�]i t g . � � � _.... :.� 1. „ . =1 �Caan MaP (above) }I Ci , 1 ..r' -� rb� � "�K't"'dv, .fit'• r. .... , 'ccN�'J...... '� , „ 4 •',�. .. 's �" .. �`�.•.� "�� •" rr1r. ■ �� eC {. •� .t ' 'ti3•� «, ,,; li . �._�1�t .. .!' r a •� '� S � LI u '' :4• •.� S i ter-. �.`1 -� , `: t! .Ty � � � , N r �'r,�' i:, y.,r4 � yZ= ti � �''`' I' r '• , li.lSU el _ +�^ y{.... , —•t .....; 'r 2= qti+. ..... �. =,,.t ,:may..- �.oG.' •4 .r� Seey,�t {. x .�r;'w. y''a��s.:':.�""1, tiles{ {..."" °"`."'" `�,";� .s �� ,.' •�, 1Acc n y leap 11 +;si y u of ,,.J i •' Q Jr t Santa Barbara have Oak Assocoates Inc f +_ Buena Vista Lake Shrew 1 C O c,-= ..�- {r`~' Site I Vicinity Map .f- ,# :-t1g��eS - Gate Project # Figure # Not to scale 10/13/04 557 - 01 1 :z..- > .2 Buenn V!stn Lake Shirew St2tus and Lffe HR*story ' �te- dhes and Descri ,pfion. The Buena Vista Lake shrew (Sorex ornalus relichis) was federally Ested as endanaered on Marc-.h 6 2002 (67 IF 10101, 2002). On Auo-ust 19, 2004, the 4 USFWS proposed critical habitat for the species (50 CFR Part 17, 2,1004). Critical habitat proposed by USFWS consists of five units. These units include the five locations where the IF Vista Lake shrew is currently known to occur including the Kern Preserve, Kern Fan Water Recharge Area, Coles Levee Ecological Preserve, Kern National Wildlife Reffige; and the Goose Lake Slough bottoms. Zn The Buena Vista Lake shrew is a subspecies of the ornate shrew (S. ornatus), differing slightly in morphology from the latter in that it 'is somewhat larger in size, has a darker coat, shot-ter tail, - third and fifth unicuspid teeth (Grinnell 1932). The species was first .) and smalle� described by Grinnell In 1932 based ®n a type specimen collected from the Buena Vista Lake vicinity in Kern County (USFWS 1998). Characteristics of the type specimen and two additional specimens indicate that the Buena Vista Lake shrew varies in total length from 98 1 . R rom 35 to 39 m*ll* to 105 millimeters (3.86 to 4.13 inches) in tail length f i imeters (1.38 to 1.54 inches) 9 in hind foot length from 11.5 to 13 millimeters (0.4 5 to 0.51 inches), in ear length fr'om 6.5 to 8.5 millimeters (0."26 to 0.33 inches), and in weight from 4.1 to 7.6 grams (0.14 t® b 0.27 ounces) (US F W 1998). The dorsal pelage coloration is mainly black peppered with brown, while the sides and undersides are buff brown and gray in color respectively (USFWS 1998). In all there are nine recognized subspecies of S� ornatus, however, no detailed morphological studies have yet been conducted which clearly support the separation of these subspecies (Williams and Harpster 2001). Such studies are made difficult, apparently, from the lack of available specimens. Maldonado (in press) has conducted an array of univariate and multivariate statistical tests on the cranial morphology of the different subspecies to determine their re�ati'onshi*ps and t® stud,/ their geographic variation. He found, however, that populations of ornate shrews throughout their range exhibited only low levels of morpholoc-Tical divergence. Additionally, Maldonado et. al. (2001) have completed mtDNA and allozyme analysis on the tilne subspecies. They found that ornate shrew specimens from M Live Oak Associates, Inc. the Kern Lake and Kern National Wildlife Refuge were morc similar genetically to each other than they were to ornate shrews from any other localities, however, the Buena Vista Lake shrew subspecies itself did not differ sign iflic antly, at least in the genetic systems analyzed, from other geographically neighboring subspecies. The rancyc of the Buena Vista Lake shrew is surrounded by that of the more widely distributed ornate shrew subspecies (S'. ornatz.is ornatus) and it is suspected that these two subspecles interbreed and intergrade morpholoaRically at the" C.- ir common geographic boundaries (W*11* i ianis and flarpster 2 -001). 9S It is believed that historically the Buena Vista Lake shrew occurred throughout :D the Tulare Basin in the San Joaquin Valley, however, by the time the species was first described, its distribution was already restricted, probably as a result of the draining of wetlands for cultivation (William and Harpster 2001 . "I"he current distribution of the Buena Vista Lake shrew is not wel',', understood. BVLS were I'Ound at the Kern Lake Preserve in 1986 and at the Kenn N,I ational Wildlife Reffige in 1992, and 1994 (William and Harp-seer 2001). Trapping efforts carried out at six locations by Ln William and Harp ster (2-00 1) in 1999 and 2000 confi rmed the presence of the species in two additional locations, KFWRA and Coles Levee, as well as reconfirmed the presence of the species at the Kern National Wildlife Refuge. These effcx-ts did no detect the species at the other three locations sampled which included the Pixley .!-\TationL l Wildlife Refuge,, Lake Woollen es and the Buena Vista Lake Recreation Area. Additionally, BVLS were trapped in 20®3 in the Goose Lake Slough bottoms. The five locations where the species has been confirmed to be present are physically isolated from one another and occur along an approximately 70-mile stretch on the west side of the Tulare Basin in Kern County (50 CFR Part 17, 2004). However, studies of BVLS have been limited to areas where researchers had access, therefore, these five areas may not represent the complete range of BVIS. For instance, areas under private ownership and not accessible t® researchers have also been identified that support potentially suitable habitat for the species. Ha7hitag and Cominieigitp A.5,,vocgatiok�s. Ornate shrews in general are known to utilize a diversity of habitats. These include wetland and riparian areas as well as upland habitats Such 5 Live Oak Associates, Inc. as fifflow agricultural land, scrub and woodland habitats Qwilllianis and Harpster 2001). It appears that ornate shrews will tend to be associated with the structure of the vegetation rather than with a specific plant association or a particular vegetation community. In the mEkjority of cases, captures or discoveries of BV LS have occurred in niolst habitats such as in wetland and riparian areas supporting dense vegetation cover and an abundance of leaf litter (Williams and Harpster 2001). Based on the best scientific and other info nation available for the Buena Vista Lake shrew, the USFWS has come up with a set of three primary constituent elements (PC Es) required to support and sustain the species (50 CFR Part 17, 2004). Together these PC Es include-. 1. Riparian or wetland communities supporting a complex vegetative structure with a thick cover of leaf litter or dense m,, is of low-lying vegetation; 2. Suitable moisture supplied by a shallow water table, irrigation, or proximity to permanent or semi-permanent water; and 3. A consistent and di'verse supply of prey. Life Hisgor. Little is currently known about the specific life history of the Buena Vista I �Y- I I _,ake shrew. In general, shrews feed predominantly on invertebrates such as insects. They are known to forage both curmg the day and at night, probably due to their high metabolic rate and the fact that they care not known to store food in their burrows (Williams and Harpster 2001). While the reproductive ecology of the Buena Vista Lake shrew is not specifically known, the reproductive period for ornate shrews *in general occurs from late February through early October. It is believed that the breeding season for the Buena Vista Lake shrew may begin in fall and end in either May or June when the dry season begins, but it is also possible this period will be extended in areas of high-quality habitat in permanent wetlands. The species can produce up to two litters per year., usuaNy containing, from four to six young (US wS 1998). Reasons for Decline and Thi-eats to Sg§§-vivaL Declines of the Buena Vista Lake shrew have been attributed predominantly to anthropogenic factors resulting in the destruction or altering wetland and riparian habitats, such as the drain�ng of wetlands and lakes for agricultural purposes and the diversion and impoundment of rivers. Because of its restricted populations, 6 Live Oak Associates, Inc. the species may also face extinction through random catastrophic events such Cas floods or Ln droucyht (�T,_FWS 1998). L-1) Live Oak Associates, Inc. .2-07,XN7RNC']r COND�THDNS The KFWRA site is an approximately 2800-acre site which has been owned and operated by the City of Bakersfield since 1.977 for the purpose of providing "flood control, natural lands and wildlife habitat conservation. lin-ilted access public uses, water conservation and mineral production" (City of Bakersfield Water Resources Department, 2004). Main access to the site occurs at its extreme southwestern end from Enos Lane (Highway 43) approximately one mile north of its intersection with Interstate 5. From the access point, the approximately six-mile long, narrow site s treni d generally northeasterly and is bound to the northeast by agricultural lands, to the northwest by the Kern Water Bank and along its southeastern boundary by the Kem River Canal. Approximately 1500 acres of the site consists of 13 spreading- basins. The basins are managed by the City in (order to spread floodwaters from the Kern River, as well as from other sources such as the State Water Project in order to buffer downstream floodina and allow for the recharcre oll"' underground aquifers. The ability to recharac underground Ln Ln aquRfers is especially important to the City as groundwater is the primary source of water for the area. Another approximately 760 acres of the site consists of the primary floodplains of the Kern River which runs east to west across the northern portion of the parcel. The residual acreage is devoted to a mixture., of uses including a paved bike trail, access roads, levees and top roads, the Kern River Canal and oil drilling. Additionally, Union Pacific Railroad tracks run northwest to southeast across the center of the site. The periodic flooding of the KFWRA site has resulted in a mosaic of upland, wetland and riparian vegetation types. The dominant habitat types observed on the site during site surveys in September 2004 included chenopod scrub dominated by Atr*Vex spp.; mesquite scrub dominated by honey mesquite (Proaol3is glandulosa var. torre-yCina); non-native annual grassland; riparian hab-Aat, mainly associated with the Kern River, dominated by Fremont cottonwood (Pojmlus� fremontii), Goodding's willow (Salix goocklin -7,ii) and mulefiat (Bacc haris salicffiolici); and seasonal wetlands variously dominated by creeping wild-rye (Lej)inus triticoicles), rush (,hi ncus spp.), cattail (Tyl.)ha spp.), and saltgr ass (Di.stichhs spieat(.z). The City has left vegetation within the spreadinc; basins and outside of the Kem River flood channel in v1s natural state. 0' Live Oak Associates,, Inc. Occi§rreigce of BVLS on the KFWRA site. Prior to 1999, BVLS were not known to occur on the KFWR.A site. In March 2000, Williams and Harj-_)ster from the Endangered Species Recovery Program at CSU Stanislaus carried out tra p ping efforts for BVLS on the KFWRA site. Trap lines were set along the northern side of the Kern River channel in the southwestern portion of the site. 'In a total of 240 trap nights (80 traps set over E. three night period), two BVLS were captured on the site (Figure 2). Both captures occurred in locations described as being "under willows among stinging nettles in a thick mat of cree-11,3incy wild rye" (Williams and Harpster 2001). Pate hilly Suitable Habigat for B VLS on the KF�.,VRA Site. While almost the entire 2800- acre KFWRA site has been proposed as critical habitat for BVLS, not all areas of the site appear to support the PC Es that have been established by USFWS. For instance, significant areas of the site are either comprised of habitats dominated by upland vegetation or are completely, or almost completely, 'oarren of vegetation and/or leaf litter. The former areas consist predominantly of grasslands supporting upland annual grass species and of upland mesquite scrub habitats. The latter, barren or nearly barren areas include roads, levees, the bike path, areas surrounding oil drilling equipment and substations as well as seasonal channels, swales and scalds supporting no vegetation or sparse vegetation and which did not appear to provide a corridor between other areas of suitable ha:,bitat. For these reasons, Live Oak Associates (LOA) undertook an effort in September 2004 to produce a map of those areas on tho site that actually support the PC Es as identified by the USFWS. Habitat assessment surveys were conducted on the s'.te by Pam Peterson and Melissa Denenal ecoloalsts with LOA on September 27, 28, 29 and 30, 2004 using an aerial photo of IL-1) I L-1) the site (scale I"_400'). To provide maximum vist-T.al coverag2n) e, the entire site was systematically surveyed either by vehicle or on foot. In order to assess the site as suitable habitat for BVLS, a sampling protocol was developed by LOA which included the establishment of a sampling poT1 *i- t at each observed change in ve(rt:� etation type or cover, and/or change in leaf litter cover, to determine whether that area exhibited the primary constituent elements (PC Es) discussed in the prior section. Data recorded at each samplincr tn point incl uded: 9 Live Oak Associatc>s, Inc. * Total percent cover of vegetation * The dominant sLx plant species, their percent cover and their USFWS wetland indicator (US wS 1988) © The presence ai-,,d depth of matted vegetation cover * The presence and depth of leaf litter At each sampling point, the dominant six plant species of the community, their percent cover and their USFWS wetland indicators (US FWS 1988) were identified and recorded to determine whether the plant community was wetiand, riparian or upland. If 50% or greater of the total vegetation cover was by species having a positive wetland indicator (i.e. an indicator of FAC, FACW or OBL), then the community was determnied to be a wetland community. If the community was dominated by riparian shrub and/or tree species, then the area was determined to be a ripc-.xian community. Additionally, we determined whether areas meeting the criteria f ®m wetland and riparian communities also met the sub-element of having a complex vegetative structure. If the area had a total vegetation cover of 80% or greater, this sub-element was determined to also be met. If the area was identified as either a wetland or riparian community supporting a complex vegetative structure as per the above, then it was additionally determined whether the sub- element of an adequate cover by either dense, matted vegetation or leaf litter was present. If matted vegetation was present with a minimum depth of 8 inches and/or leaf litter was present with a minimum depth of 2 inches, then this sub-element was determined to be present and it was concluded that the area met the first of the three PC Es, i.e. "Riparian or wetland communities supporting a complex vegetative structure with a thick cover of leaf litter or dense mats of low-lying vegetation." Areas that met the first PCE were further evaluated using the extensive records recorded and L_ maintained by the City to deter-mine if the second PCE was met. That is., what areas also had a "Suitable moisture supplied by a shall ®w water table, irrigation ®r proximity to permanent or semi -perm anent water.91 For the purpose of this effort, we assumed that if the first two PC Es were present at a location, then the third PC would most likely be present. It was not practicable to develop and 10 Live Oak Associates, Inc. cronduct a reliable sampling effort for estimating the abUndance and distribution of the invertebrate prey of the shrew given the time constrai�nts and difficulty in conducting sucli 0 studies. 'rhus the final pr produced by this effort (i.e., relyina on the presence of the I Ln first two PC Es) may overestimate the areas suitable for the shrew. Areas not meeting the PCEs as per the above protocol were then evaluated to determine whether they might constitute ,,--in interruption of a potential movement corridor for the species between other areas of suitable habitat or if they should be excluded from BVLS critical habitat. For instance, areas that did not meet the PCEs but were located along the Kem River or its associated distributary channels, and that linked otherwise suitable habitat along the clJannell I were not excluded. ff the area did not appear to link otherwise suitable habitat, it was then excluded as suitable hablt'r.A. To further document habitat conditions over the site, ground—level photo points were established at strategic and easily replicated points within the study site. As with the sampling points, photo points were recorded on the aeria� photo including the direction that they were taken. A. total of approximately 1759 acres met the vegetation PCE (Figure 3), but of these, 415 acres were found not to meet the moisture regime IBC E, based on the extensive flow records provided by the City. Therefore, 1344 acres of the KFWRA site were determined to provide potentially suitable habitat for BVLS (Figure 4). Data from the sample points is provided in Table 1. Live Oak Associates, Inc. Table 1: Sample point results for the Buena Vista Lake Shrew habitat assessment at the Kern Fan Water Recharge Area. Sam ple Percent Wetland/ Percent ea f- --------- Depth Leaf` met? Point Cover by Riparian Total Veg. Matted Veg. Litter Wetland Criteria Cover (inches) (inches) Indicators Met? I 60 Yes 1 None None No 100 Yes so None 0-8 Yes 3 100 Yes 100 None 0-11 Yes 4 0 No 50 None None No 5 50 Yes so None 1-8 Yes 6 50 Yes 100 None 6-24 Yes 7 60 Yes 100 None 0-12 Yes 8 80 Yes 80 None 0-20 Yes 9 50 Yes 90 None 0-60 Yes 10 60 Yes so None 0 -1 Yes 0 No 50 None None No 12 1 No 50 None 0-11 N® 13 60 Yes 80 None 0-11 Yes 14 100 Yes 30 None 0-12 No 15 too Yes 100 0-12 Yes 16 60 Yes 80 0 -12 Yes 17 1 No 30 None 0-5 No 18 100 Yes 90 1 8 -12 8-12 Yes 19 76 Yes 90 8-12 8-12 Yes 20 75 Yes 80 8-12 8-12 Yes 21 65 Yes 80 0 -12 0-12 Yes 22 2 No 50 None 0-2 No 23 13 No 40 None 0-2 No 24 2 No 30 None None No 25 1 No 90 None 0-2 No 26 13 No 5 None 0-12 No 15 Live Oak Associates, Inc. Except for roads and other similarly barren or dry areas, the great maJority of the northeastern half (northeast of the Union Pacific Railroad tracks) of the parcel was found by the Survey to meet the PC Es established by USFWS. According to the water discharge records from the City of Bakersfield (1999-2004) and Flom Core from the City (pers. comm.), spreading basins located in the northeastern portion of the parcel are allowed t® fill first during flow events. Flow records for the site provided Io r the period from January 1999 through August 2004 (see Tables 2 and 3) indicato. that the site has only received all average of 29 days per year of water flow. They also indicate that water flows have declined on the site from a high of 330,918 acre feet in 2000 to only 1480 and 1447 acre feet respectively in 200.21 and 2003. During the period from 1999 through the present, Mr. Core indicates that very little -flow water made it past the railroad tracks that essentially divide the parcel into *its northeastern and southwestern halves. With the exception of the Kern River and its floodplain, water has only reached the lower basins once since 1999. Areas within the northeastern half of the site that did not support the PCEs, included the majority of Basins 8, the northern portion of Basin 9, and Basins 12 and 13. All four of these basins do not appear to receive sufflicient water to support significant wetland or riparian vegetation. Vegetation within Basin 8 and the northern portion of Basin 9 (located at the extreme northeastern end ®f the parcel), and in Basins 12 and 13 (located just to the east of the railroad tracks) was sczxce and dominated by upland grasses. Percent cover by vegetation in these areas was less than 40% and leaf litter and matted vegetation was generally completely lacking. Scattered trees did occur in Basins 8, 12, and 13, and these included some riparian species such as Fremont cottonwood and Goodding's willow, however, these trees were widely dispersed and many appearICd to be in declining health as a result of water-stress. Basin 8 contains a defined tributary that collects most of the water released into this basin from the canal along th c. northern boundary, which explains the large upland area. Basins 1.), Ln and 13 have not been receivina water since before 1999. Water overflows from Basin 8 into Ln 16 Live Oak Associates, Inc. TaNe 2: Water flows on the Kem Fan Water Recharge Area-site frora 1999 throuLgh '2004. Ant-ormation not avaliable 17 Live Oak Associates, Inc. 1999 F 3/SeC/ 112 V -S Dny 16 990 28 21,386 2000 3/See/ D�ays JLJ 6J 0 0 24 8589 6 488 2001 -- 3/SeC 611 Day I 2002 2003 - 3/See D 2004 -3 /'S, C, C 'Ran air February rch A R-H ays o 0 T o 0 0 0 ?_5_ 1 0 468 0 4 -297 4– -- 17 402) 3,080 0 2 0 106 10 0 1�?80 0 3 278 6 0 0 0 32 61,264 0 0 0 0 8 397 0 —.0 0 June 0 0 0 2 0 0 246 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Auoust tm –eptember' 0 0 —0 0 0 0 0 0 0 0 -- 0 0 0 0 0 0 0 October November 15 6 1 i1045 754 0 0 0 0 0 v 0 0 0 0 0 0 0 0 0 0 0 0 Deceanhg L_-Tot�E 0 L 67 1 0 5,281 0 64 0 15,587 0 0 0 0 0 0 * ILOI 19280 1 5 T 746 �5 730 22 3,507j Ant-ormation not avaliable 17 Live Oak Associates, Inc. C) C) con C Cf) m 10 7:$ (73 cn 4--b CIA U) cn cz o3 ul COO 0 > > C*� os as cz COO > CD Cl cz c7s 03 u cz 0 0 C14 Q. CZ C/) cn C�l CIZ: 03 C3 t 0 z E 00 CISas ti 0�1 --4 7.� 03 COO -�4 C.) CA cz CZ 00 CZ CZ-�4 cn cz cz 00 00 C'C Coo COO cn > > COO >1 CD cn Ul cn cn cn CA cn En Con un Con V) rj CZ CZ M al cz Z z a: al cz m cz z 4 m m m on m m m 0� m m CQ m M- v z 4 co O M, 0 0 ® 0 0 ® C: 0 0 7— 74 UO Con rA V) DO Cl) (A rA CIO (A u) C!1 rA CA (,0 rn na as as >-4 0 >4 v >i cn cn COO COO DO CAO 0 0 c) c) C) o C) Z4 C) 0 C) C 0 Z 0 0 0 0 0 En COO cn U) C/) COO COO cn COO Ul N CIA N C,,a CIA U) cn cz o3 ul COO 0 > > C*� os as cz COO > CD Cl cz c7s 03 u cz 0 0 C14 Q. CZ C/) cn C�l CIZ: 03 C3 t 0 z E 00 CISas ti 0�1 --4 7.� 03 COO -�4 C.) CA cz CZ 00 CZ CZ-�4 cn cz cz 00 00 C'C Coo COO cn > > COO >1 CD cn Ul cn cn cn CA cn En Con un Con V) rj CZ CZ M al cz Z z a: al cz m cz z 4 m m m on m m m 0� m m CQ m M- v z 4 co O M, Basins 9 and 10 with Basin I I receiving water through a leaky check dam. Water does not reach Basins E.2 and 13. Therefore, the upland portion of Basins 8 and 9 aloncy with Basins 12 Ln and 13 do not meet the PC Es of the BV LS due to the lack of suitable vegetation and/or lack of a suitable moisture regime. Unlike the northeastern half of the site, significant areas within the southwestern half of the site did not meet the PC Es. These areas are estimated to represent greater than 50% of the acreage of this half of the site and include Basins 4, 5, 6, and 7 (all of wl ch are located adjacent to and Imniediately north of the Kern River Canal), the area near the access gate from Enos Lane., and several small areas occurring along the northern boundary. As with northeastern half of the parcel, most ®f the areas in the southwestern portion that did not m(cet the PCEs were either barren or had scarce vegetation dominated by upland grass species or by upland mesquite scrub habitat. Riparian trees were often scattered within these upland habitats, however, as with excluded areas in the northec,.-Istern portion, these trees, when present in these areas, appeared to be highly water-stressed. In fact, there was a high abundance of dead riparian trees in this portion of the site. Even within areas that were classified as meeting the vegetation PC E, the wetland vegetation overall was much less abundant than in the northeastern half. These field observations are a result of the fact that this area of the site has not received water discharge since before 1999, with the exception of the single event in 2000 that released a small amount of water into Basin 41, and the water that flows throug-h the Kem River and its floodplain. Therefore, Basins 4, 5, 6, and 7 were found not to meet the PC Es of the BVLS due to the lack of a suitable moisture regime, with some areas also not consisting of suitable vegetation. 19 Live Oak Associates, Inc. 3.0 HAB�TAT MANAGE, MIFNT PLAN This section addresses both spec'fic manao-enient activities which the City of Bakersfield LI) already engages in :hat benefit BVI,S on the KFWRA site, as well as a specific plan for future management activities that taq)-et the conservation and enhancement of BVLS habitat on the 0 site. 3.11_ Cura-ent M2n2gement Ac-flv�t!es on the KFRWA �fte The City of Bakersfield alreac'ly manages the KFRWA site in such a way as to promote the conservation of BVLS. Current management activities the City ens -ages in include limiting 0. L) public access to the site, cessation. of grazing practices, protection of the site from development or encroachment, maintenance of the site as permanent open space which has been predominantly left in its n.atural vegetative state, and the spreading of flood waters which promotes the moisture regime and wetland and riparian vegetation determined by USFWS to be essential for conservation of B'VLS. These management activities are discussed in I' 1-ther detail below. Lignited Public Access. The KFRWA site is maintained as a limited access facility. Aside from the public bike traL"I that runs along the south side of the flood channel and limited access by community and educational orcranizations, the site is off Hmits to the public. Written permRssion to be on the property is required. The facility is securelly protected by fences and Hocked gates, and warni-lig signs are posted at all potential points of entry. The site is patrolled on a regular basis by City wCater operations personnel and also by a security patrol guard. Bicyclists usincy the pul'-31ic trail are advised via signs to stay on the paved trail in order to preserve the natural condition of the site for the mammal and reptile species occurring there. Activities such as trespassing, hunting, discharge of firearms, the operation of off-road vehicles and firewood cutting are all prohibited on the site by City ordinance and any violators of the ordinance are cited. The ordinances that the City has in affect for the site and the Hmitina of pubH1,,.,I access assures that habitat occurring on the site for BVLS is not adversely affected by anthropogen .c factors. of Livestoc'-k Gradn'g, on the Site. While livestock grazing once occurred within L-1.) the site, this practice wCas terniinated by the City at the time that it purchased the property. By 0 Live Oak Associates, Inc. terminatinu grazino, on the site the City has allowed for the recover of wetland and riparian y vegetation from tile adverse impacts of grazing and protects BVLS habitat into the future from such activities. 013en Sjwce De,vigrnafion- The City of Bakersfield's General Plan designation for the KFRWA site is "Open Space (OS): Floodplains and Resource MaIiagenlent Area" (City of Bakersfield 2004) and pursuant to that desicy-nation, the City has kept the site in its natural state to the extent possible. The natural vegetation within the 760 acres of primary floodway and the 1470 'acres of spreading basins has been maintained. In fact, all areas of the site, with the exception of those dedicated to canals, railroads, oil-c-Irilling equipment and other exist'.'ng facilities, have been preserved in their existing natural state. The 0,3eneral Plan des*gnat�on also ensures that the site is protected from future agricultural and urban development. Pre-ejefi vigy S§wV4�VSfor "Fensifive Biokgicaf Resources. The City foi lows all applicable laws with regard to sensitive biological resources occurring on the site including the state and Z:7� L-1) federal Endangered Species Acts. For example, the City does not conduct any development, operation and/or maintenance activities that may affect special status species until sufficient pre-activity surveys are conducted. Examples of pre-activity surveys f'or special status plant and animal species include those conducted on the site for the coast- ruction of 16 emergency water wells in 1991 (Quad Consultants 1991); the construction of four new wells in 2GOI (Totzke 2001); and for a pipeline alignment in 2002 (Totzke 2002). fin all cases, protocol-level surveys were conducted within the footprint and in the (.-Tenenal vicinity of all proposed projoct Ln locations for special status species that were known to occur, or that had the potential t® occur regionally such as the blunt-nosed leopard lizard (Ganibeha sila), Tipton kangaroo rat 1 0 t) (Dij.3oclonnys nit•titroi(les), San Joaquin kit fox (VuIj)es macrotits mutica), and several species of special status plants. BlIegFopoligan Bake,74g�efd Mabitat Conservafion Man. The City has developed the Metropolitan Bakersfield Habitat Conservation Plan covP,.rin,:Y all threatened and endancTered species on all areas of the KFWRA site outside of its primary floodway (C *ty of Bakersfield 2004). Although BV LS was not yet federally listed as endangered when the HCP Plan was written., and while no specific obliaations are indicated tinder the Plan for BV LS, the species -) IA- Live Oak Associates, Inc. is included in the plan as a special status species known to occur in the Plan area and at least two objectives of the Plan will directly benefit BVLS. These. two objectives include, firstly, the preservation and protection of representative habitat for all special status species included tinder the Plan and, secondly, the protection of the Kern River primary floodplain from any incidental take under City or County permit because it provides an important dispersal c,,f--)rridor for wildlife occurring within the Plan area. Therefore, while no spec i if obligations are indicated tinder the Plan --_:Or 13 VILE, the species will benefit by the Plan's intention of 0".)TIserving representative habitat f-(-)r all species and by their intention of preserving- habitat associated with the Kern Rive-r primary floodplain which, within the KFRWA site, is known to provide potential habitat for BVLS. Enhapeceipgeivl of B VLS) Habitat Throg4pgh Water-s ,preadiggg Acfivitie,& Although the primary function of the KFWRA facility is the spreading of flow waters and the recharge of underground aquifers, these spreading and recharge operations benefit BVLS by increasing the amount of wetland and riparian vegetation within and a4jacent to the Kern River channel and the spreading basins. LOA's h;-,.ibitat assessment found that areas on the site supporting the Brest wetland and riparian habit-at were well correlated with those areas of the site where flow waters had been spread.. Therefore, simply through its water spreading and recharge activities on the site, the City continues to maintain habitat f ®r BVLS. 3.2 AddREon2E Management ActWifles to be Ensfltuted Based on results, i.e. the presence of BVLS on the KFWRA site and the LOA habitat assessment surveys which found that approximately 50% of the site, ®r 1344 acres, currently appears to support the PC E's f6r the species, the City's current management activities for the site appear sufficient to sustain habitat for BVLS. However, through their control of available water flows to the different areas of the site and an adaptive management plan aimed at enhancing habitat for BVLS, the City may be able to even further benefit the species. FrIorigizz * qf Defive§- I Ik y of Ffmvs. The City does not have ultimate control over the amount of water enterincr the KFWRA site since the amount of available flow water is largely weather- Z: t:-) dependent. However, the City does maintain control over which areas of the KFWRA site receive available flow waters. '_'..urrently, the City's regime for spreading flow waters includes Z"- L-1) ?I? Live Oak Associates, Inc. the filling of Basin I first. After the filling of Basin I flows are directed in the follo * wing L_ order to basins occurring east of the Union Pacific railroad tracks: Basin 2, 31 10, , I 1 9 1"? and 13. If enough flow waters are available then basins west of the railroad tracks will be it 4-1 1 1 in the following order: Basin 4, 5, 6, 7 (Flom Core, pers. comm.). Since the City cannot control how much water enters the site during any given year, managing habitat for BVLS will require prioritizing the areas of the site receiving available flow waters with the objective of conserving and enhancing habitat for BVLS. The City will use the results from both the BVLS trapping efforts and the 20,04 LOA habitat assessment surveys conducted on the site to prioritize the delivery of flows initially. Once annual nionitorino, Is L) instituted however, monitoring results will also be used to deters -nine future flow priorities via an adaptive management Ian. I"- P Friorky I Areas. According to the results of the Williams and Harpster trapping eft"ort (Figure 2), BVLS is known to occur adjacent to and on the northern side of the Kern River chan-nel west of the Union Pacific railroad tracks. According to the habitat assessment surveys, tD vegetation and moisture reclime in this region of the site was also found to be consistent with Ln the PC Es established b the USFWS (Figure 4). Becaus(�� () y .6. fthese resu)lts, directing flows to the Kern River channel west of the railroad tracks will be -the 1-1--irst priority under the Plan. Because the March .2000 trapping efforts were limited to the north side of the Kern River channel., it is unknown where else on the site BVLS may occur. Therefore, prioritizino- of flows once the lower Kern River channel has been filled is based on the LOA habitat assessment surveys and will include those areas that were !determined to support both the vegetation and moisture regime PCEs established by the USFWS. Based on the habitat assessment surveys, once the Kern River channel is filled, the filling of Nasins will i occur in the followina order: Basin 1 21 -e to average flows, tn 3, 9, 10, and 11. In years of oelow Eiverao the objective of prioritizing flows in this manner will be to ensure that wetland/riparian vegetation and adequate moisture regimes are maintained and eventually enhanced in areas that are known to SUpport BVLS or that are known to sup port potential habitat for BVLS per the assessment surveys. Live Oak Associates, Inc. Frl*ori� 2 Areas. In years of above averacre flows (identified as years where total annual acre Z-I� feet exceeds 30,000) and where water flows are available not only to fill the Priority I areas indicated above but to -1511 additional portions of the site, areas which were determined by the assessment surveys to support the vegetation PC but not the moisture reo-L-5 ime PC will bocome the next priority. These areas include Basins 4, 7, 11 and 12. Excluded Areas. Basins 5, 6, 8 and 13 as well as all access roads, levees, the bike path, and areas surrounding oil drilling equipment and substations have been excluded from the management plan. During habitat assessment surveys, it was determined that these areas did Ln not support either the vegetation or moisture regime PC Es, and therefore do not provide potential habitat for BVLS. Ada,pfive Managvement. Aug adaptive management component has been included in the habitat management plan. Bas-.Id on the results of annual monitoring, the City will tailor the next 4:� year's delivery of flows, potentially changing the priority of flows, to continue t® enhance wetiand and riparian vegetation in priority areas of the site or to improve important areas of the site. The adaptive management component of the plan is discussed in more detail in the next section. 24 Live Oak Associates, Inca. 4.0 MOMTOR�NG PLAN E 402 Mon'tor!ng Methods The KFWRA site will be monitored annually during the period from April 15 through June 15. Annua� monitoring will begin with the Year I collection of basel*ne data in spring 2 ®5 Durill(), the first year's monitoring, random points will be selected within each basin and along the top of the bank on each side of the Kern River channel southwest of the Union Pacific Railroad tracks. The number of random points to be selected within each arc,a is de-ji-endent on its size and is provided. In Table 4. "rhe randomly selected points will be permanently marked for replication in subsequent monitoring years. For each randonily-selected point chosen within the spreading basins, a.random direction from which t® run a 50-meter transe�A line From the point will also be selected. The direction of the line will be recorded and the transect will be run in this same direction in all subsequent monitoring years. For sample points established along the Kern River channeL the 50-meter transect line will always be run perpendicular to -the channel. Table 4: Number of sampling points t® be established in each area. FeMeW C,"Ovd?r MeasidremeW.S•- Total percent veget'inion cover and percent cover by wetland veaetation (species having a USFWS wetland Indicator of FAC, FACW ®r OBL) t� Ln (US FWS 1988) will be measured utilizing the line-intercept method alo-,.ig each 50-meter transect L_ I line. Beginning at the 0.5-meter mark, all plant species underlying- or overhanging the line at Z: "In each 0.5-meter interval will be recorded aloncr with their USFWS wetland indicator. Ln Live Oak Associates, Inc Percent Cover by Leqf LItter, Matted Vegetation and/or Overhanu6 lkla Riparian Veuetafion. III 10-1!> 6 addition to percent cover by vegetation as per above, at each 0.5-meter interval, the presence of leaf litter, matted vegetation and/or overhanging riparian vegetation will be recorded. These will be determined to be present when one of these three conditions are met: • Leaf litter is present at a minm ium depth of two inches; and/or • Matted vegetation is present at a minimum depth of eight inches; and/or • 'There is riparian vegetation overhanging the tine at that point. LI R* L?r&,qPF Tree ap&,Sh§-ub Health a§gd Vigor. The health and vigor of all riparian trees or shrubs p ovei: one meter tall that overhang th(.--. line, at each 0.5-meter interval will be assessed along the -following scale: High — 1-3 — 67-100% he;-.-flthy foliage Medium = 4-6 — 34-66% healthy foliage Low — 7-9 — 0-33 )% healthy foliage. Dead — 10 Health and vigor ratings will be made only once for each individual riparian tree or shrub regardless of how many 0.5-m(-,,ter intervals it overhangs. Taken into consideration in the qualitative observation of health and vigor will be foliage color, bud development, new growth, t", herbivory, drought stress, fungal./in sect infestation, and physica� damage. :f a tree or shrub's follaae is abnormally sparse, then the health and vicror rating will be lowered accordingly, even if L-1.) Ln the foliage present is healfly. Photo docegmewrifiogg. P"hoto documentation of site conditions will be included in the annual monitoring plan. 'I"his will be accomplished by establishing photo points and the compass direction from which phot,as are to be taken during the Year I baseline monitorin(y. Photo points tn and directions will be chosen which clearly depict conditions in each area covered by the Plan. Like the sample points, photo points will be permanently marked for replication in subsequent monitoring years. 402 Adnp0ve M=zgement While the initial prioritization of flows contained in this Nan was based on BVLS trapping :D effoi-ts on the site and on the 200.4 LOA habitat assessment surveys, prioritization in subsequent -)6 Live Oak Associates, Inc years will be adapted based upon results from the annual monitoring. Any adaptations of the, original flow priorities in the Plan will be addressed both in the annual monitoring report an([ in an annual meeting with USFWS discussed below. Specific monitoring measures will be utilized in order to deterailne whether adaptations to the current manacrement plan are indicated (i.e. whether changes in flow priorities should be made) for the following year. These measures focus on total percerit vegetation cover; percent cover by t) plants with wetland indicators; percent cover by leaf litter, matted vegetation and/or overhang.'na vegetation; and riparian tree/shrub health and vigor in Priority I areas. These measures are ZD scaled to describe the expected habitat improvement beginniner with tl-,e baseline Year I results and the loncr-term "maintenance" level based on the initial water al]locations. 0 Incremental and maintenance - leve I measures for the Priority I areas are provided in Table 5. Priori .y I areas include those areas where BV LS are either known to occur or that have been deteimilned to provide potentially suitable habitat for BV LS based on the LOA habitat assessment surveys. These areas have the highest priority for -water flows under the Plan and include the Kern River channel and Basins 1, 2, 3, 9, 10, and 1:1. Priority 2. areas include those which were determined by the habitat assessment surveys to meet the vegetation ICE but not the moisture regime PC E. These latter areas have a lower priority for receiving water flows under the Phan and include Basins 4, 7, 11 and 12- . P,r9*071V I Areas. Table 5. Incremental and maintenance -level measures for Priority I areas: Kern River channel and Basins 1, 25 35 95 10. and 11. mensurement yr I Y 2 'Yir 3and AH Ma5nte1lance_ Subsequent Years qeveE Measures Total Percent Vegetation Cover Baseline Baseline - lus 5% Prior year lus 5% 80% Percent Cover by Wetland Baseline Baseline Plus 5% Pri ®r year plus 5% 50% Indicators Percent Cover by Leaf Fitter, Baseline Baseline Plus 2% Prior year plus 2% 20% Matted Vegetation and/or Overhanging Riparian Vegetation Mean Health and Vic car Rating Baseline 5 >=4 fo r R I ar n yi Trees and Live Oak Associates, Inc For any Priority I areas not meeting the incremental monitoring measures, or the maintenance- level criteria, as appropriate., th... annual monitorin report will incl an ude evaluation of the, 9 current flow priorities to determine if a change in the current flow priority may be used to improve those areas In years where flows on the site are less than 4000 are feet for the period from A.pril 16 of the prior year through April 15 of the current year (Low Flow Years), it is assumed that effects on the Priority I areas are due to the overall low water level. In Low F low Years, therefore, adaptive mana(rement will not be implemented (i.e., no evaluation of flow priorities will be prepared). Rr10 fit p 2 Areas. No specific monitoring measures have been developed for Priority 2 areas. These areas will only receive flows during the heaviest events or in years of above average flows and the City will have little control over how much water flow they will receive on a regular basis. The purpose of monitoring these areas will be limited to establishing baseline and trend inforn-iation. 403 Annu2 USIFWS Mee-IR*ng dznd M_ anftoirtng Repoirt The City will meet with USFWS on an annual basis to discuss the results of the annual monitoring and any recornmended chancres in flow priorities on the site. Additionally, an annual monitoring report will b.-. completed and submitted to USFWS no later then September 15 of the monitoring year. For the Year 1 (2005) monitoring, the information contained in the report will be limited to LI) p providing the baseline vegetatioli information, photo documentation, and monthly water flow and channel/basin filling data for the prior year (April 16, 2004 through April 15, 2005). For Year 2 and all subsequent monitoring years, the report will include that year's vegetation monitoring results for both Priority I and Priority 2 areas; monthly water flow and channel/basin L-1) filling data for the prior year (April 16 of the prior year throu(rh April 15 of the current year); and In L-15 an adaptive management plan addressina those Priority I areas not meetin the incremental t) zD 9 monitoring criteria for that year, or that have fallen below the maintenance-level criteria if that criteria was met for that area in the prior year. 28 Live Oak Associates, Inc L�TERATURE C�TED City of Bakersfield Water Resources Department. 2-004. "2800 acres" land & water management report. Maldonado, C. VHa and R.K. Wayne. 2001. Tripartite genetic subdivision in the ornate I J. E.� she (Sorex ornatus). Molecular Ecology 10: 127-147. Maldonado, J. E. In press. Discordant patterns ®f morphological variation in genetically divergent populations of omate shrews (Sorex ornatus). L" Quad Consultants. 1991. Biological assessment for Kern County Water Agency 2800 Acre water well sites. Report prepared for the Kern County Water Agency dated March 1991. Totzke, Kane. 2001. Biological survey for the four urban area well sites under the Kern River Restoration and Water Supply Program. Letter report to the Bakersfield Water Resources Department dated April 24, 2001. Totzke, Kane. 2002. Recommended alignment and biological survey of the urban area well pipeline alicynment with the City ®f Bakersfield 2800 Acre ]R'.echarae Facility. Letter L-11 0 report t® the Bakersfield Water Resources Department dated October 4, 2002. USFWS. 1988. Partial list of plant species that occur in wetlands. USFWS. 1998. Recovery Plan for Upland Species of the San Joaquin Valley. Region 1, Portland, OR. 319 pp. USFWS. March 6, 2002. Federal Register Vol. 67: 10101-10113 USFWS. Aucrust 19, 2-004. Federal Reuister Vol. 69: 51417-51442 2-7) Z:D Williams, D. F., and A.C. Harpster. 2001. Status of the Buena Vista Lake shrew (,5or��Y ornattis relicti,is): final report in partial fulfillment of the Central Valley Project Improvement Act Section 3406(B)(l). Report submitted to the U.S. Bureau of Reclamation, 2-9 October 2001. 22 p. ?9 Live Oak Associates, Inc Water Board Meeting 9. MISCELLANEOUS November 9, 2011 A. Schedule a regular Water Board meeting on January 18, 2012. For Board Review and Action Water Board Meeting November 9, 2011 CLOSED SESSION A. I Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Two cases). a. North Kern Water Storage District v. State Water Resources Control Board; City of Bakersfield Kern County Superior Court Case No. S- 1500 -CV- 270613 b. North Kern Water Storage District v. City of Bakersfield Kern County Superior Court Case No. S- 1 500-CV-27501 O-SPC 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b) (3) (A) of Government Code section 54956.9 (One matter).