Native Plant Protection Act Incidental Take Permit No. 2081-2024-002-04 for the Triple R Ranch Erosion Control and Stabilization Project
Summary
SCH Number
2024050759
Public Agency
California Department of Fish and Wildlife, Central Region 4
(CDFW)
Document Title
Native Plant Protection Act Incidental Take Permit No. 2081-2024-002-04 for the Triple R Ranch Erosion Control and Stabilization Project
Document Type
NOE - Notice of Exemption
Received
Posted
5/16/2024
Document Description
The California Department of Fish and Wildlife (CDFW) has issued a Native Plant Protection Act (NPPA; Fish & G. Code, § 1900 et seq.) Incidental Take Permit (ITP) No. 2081-2024-002-04 authorizing Darin and Carolyn Kruse to incidentally take Pismo clarkia (Clarkia speciosa ssp. immaculata) which is designated as a state rare species under NPPA, respectively (Fish & G. Code § 1900 et seq.; see Cal. Code Regs., tit. 14, § 670.2, subd. (c)(16)(A), respectively).
The Project will include erosion control activities necessary to repair erosion, rill erosion, and sedimentation that occurred on the property during the 2022 and 2023 atmospheric river storms and associated flooding events, including repair of slope and removal of earth stockpiles; installation of erosion control devices; broadcast and hydroseeding with native seed mix; installation of biodegradable coir mats; and installation of temporary exclusionary fencing. The existing erosive channels adjacent to the roadway will also be repaired.
The Project erosion control activities is expected to result in the permanent loss of 1.09 acres of Pismo clarkia habitat. Maintenance activities are not expected to result in any additional impacts to Pismo clarkia habitat since this work will occur within the areas previously disturbed by the Project erosion control activities.
Contact Information
Name
Heather Rodriguez
Agency Name
California Department of Fish and Wildlife
Job Title
Senior Environmental Scientist (Specialist)
Contact Types
Lead/Public Agency
Phone
Location
Coordinates
Cities
Pismo Beach
Counties
San Luis Obispo
Regions
Southern California
Parcel #
079-261-011
Township
3S
Range
15E
Section
13
Base
M
Other Location Info
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.
Notice of Exemption
Exempt Status
Statutory Exemption
Type, Section or Code
California Code of Regulations, Title 14, section 15269, subd. (b); Public Resources Code, section 21080, subd. (b)(4)
Reasons for Exemption
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.
Attachments
Notice of Exemption
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