Native Plant Protection Act Incidental Take Permit No. 2081-2024-002-04 for the Triple R Ranch Erosion Control and Stabilization Project

2024050759

California Department of Fish and Wildlife, Central Region 4 (CDFW)

NOE - Notice of Exemption

5/16/2024

5/16/2024

Heather Rodriguez

California Department of Fish and Wildlife

Senior Environmental Scientist (Specialist)

Lead/Public Agency

1234 East Shaw Avenue
Fresno, CA 93710

(559) 243-4005

Heather.Rodriguez@wildlife.ca.gov

35°8'38.6"N 120°36'3.8"W

079-261-011

3S

15E

13

M

The Triple R Ranch Erosion Control and Stabilization Project (Project) is located within an approximately 156.15-acre parcel, at 1007 Old Oak Park Road, Pismo Beach, 93449 (Assessor’s Parcel Number (APN) 079-261-011), San Luis Obispo County, California. The Project is located approximately 1 miles north/northeast of the intersection of U.S. Highway 101 and North Oak Park Boulevard, at approximately latitude 35.144054°, longitude -120.601053° and within the United States Geological Survey (USGS) Arroyo Grande 7.5 minute quadrangle, Section 13, Township 3 North, Range 15 East MDB&M.

Statutory Exemption

California Code of Regulations, Title 14, section 15269, subd. (b); Public Resources Code, section 21080, subd. (b)(4)

Approval of this Project is subject to the statutory exemption for “Specific actions necessary to prevent or mitigate an emergency” (Emergency Project; Pub. Resources Code, §21080, subd. (b)(4)) under the California Environmental Quality Act (CEQA; Pub. Resources Code, §21000 et seq.). “Emergency” is defined as “A sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services” (Pub. Resources Code, §21060.3). The purpose of the Project is to repair erosion, rill erosion, and sedimentation that occurred at six Work Areas (1, 2, 3-A, 3-B, 3-D (Channel), and 3-D (Slope)) on the property during the 2022 and 2023 atmospheric river storms and associated flooding events. The Project will include the installation of erosion control measures that will include the construction of Best Management Practices Adjacent to Roadway (BMP-AR); construction of Best Management Practices along the Roadway Interior (BMP-RI); installation of erosion control devices and materials; installation of erosion control mats; broadcast and hydroseeding; installation of orange exclusionary/protection fencing; and maintenance of erosion control measures. The project applicants provided the following information regarding the urgent nature of this Project: • Erosion repairs are needed to prevent further loss of property and impacts to both surrounding properties and water quality. The heavy storms of the 2022/2023 rain season resulted in major erosion and sedimentation runoff from the property. This included a significant amount of material that temporarily blocked Old Oak Park Road. The County of San Luis Obispo Public Works Department was so overwhelmed with erosion and sedimentation impacts that they were not able to respond to this specific area in a timely manner; thus, the Kruse family cleared the road during the storm. Each of the repair areas contribute to the downslope flow of water exiting the property at Old Oak Park Road. Wallace Group engineers have designed the critical repairs needed to prevent further damage, including loss of property and threat to life, such as the blocked public roadway preventing emergency vehicles and first responders from reach residents on and above Old Oak Park Road. Additional heavy storms have occurred in 2024 and are forecast to continue; thus, the threat of further damage is imminent unless repaired. The Project is expected to cause the permanent loss of 1.09 acres of Covered Species habitat. Maintenance activities are expected to only result in temporary disturbance to small amounts of Covered Species habitat within areas previously disturbed by Construction Covered Activities.