HomeMy WebLinkAboutDWE_SDG_French Hospital Heliport BRA_FINAL_3-31-2021Biological & Wetland Resources Assessments – Regulatory Compliance Specialist
David Wolff Environmental, LLC
P.O. Box 7019
Los Osos, CA 93402
DavidW.Enviro@gmail.com
(805)235-5223
March 31, 2021 Ariana Melendez, Project Architect Studio Design Group Architects, Inc. 762 Higuera Street, Suite 212 San Luis Obispo, CA 93401
SUBJECT: Biological Resources Assessment for the Dignity Health French Hospital
Medical Center Master Plan Helistop Flightpath Obstruction Eucalyptus Tree
Removal and Topping, City of San Luis Obispo, CA
Dear Ariana: David Wolff Environmental (DWE) is pleased to submit this Biological Resources Assessment focused on the eucalyptus tree removal and topping to eliminate flight path obstructions for the proposed helistop component of the proposed French Hospital Patient Tower, Chapel and Parking Structure/Helistop projects.
1.0 INTRODUCTION AND PURPOSE The proposed project under the French Hospital Master Plan includes a single four-story Patient Tower Expansion, a new 1,000 square foot Chapel to be constructed within the existing Entry Portico (under separate ARC submittal), and a new parking deck with a helistop. The helistop will serve the recently completed Emergency Department expansion and future Neonatal Intensive Care Unit (NICU) in the proposed Patient Tower. DWE Principal Ecologist David Wolff reviewed available background data, conducted biological resources field surveys of the proposed project, and consulted with regulatory agency personnel. The purpose of this biological resources assessment is to document existing conditions of the proposed project site and to evaluate the potential for any direct or indirect significant impacts on biological or riparian resources, or adverse effects on any rare, threatened, or endangered plant or wildlife species (special-status species).
2.0 PROJECT DESCRIPTION The proposed project under the French Hospital Master Plan includes a single four-story Patient Tower Expansion, a new 1,000 square foot Chapel to be constructed within the existing Entry Portico (under separate ARC submittal), and a new parking deck with a helistop. All proposed project construction will occur within the existing developed French Hospital campus. The project evaluation for Federal Aviation Administration (FAA) flight path obstructions to the helistop for incoming and departing helicopters determined the requirement for removal or topping of several eucalyptus trees to remove the flightpath obstructions in two areas of the hospital adjacent lands. Two reports were prepared by Greenvale Tree Company Certified Arborist Chris Stier (both dated October 28, 2020) that evaluated the eucalyptus trees within the FAA flightpath obstruction areas and provided recommendations on removal or topping of the trees to clear the flightpath. As a
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Biological & Wetland Resources Assessments – Regulatory Compliance Specialist
result of the report recommendations, nine eucalyptus trees in poor health will be removed in an adjacent uplands to the northwest of the parking lot at the rear of the developed French Hospital campus. The clearing of the flightpath obstructions in the stand of eucalyptus trees in the ravine to the south of the French Hospital campus will require removal of six trees at the top of the ravine, and the topping of nine trees lower on the ravine slopes. Tree removals will include cutting the trees and leaving the stumps in place to minimize ground disturbance. Project tree removals and topping within the adjacent ravine will be done by hand (climbing, chain saw, and slash removal) with no mechanized equipment operated in the ravine.
3.0 METHODS DWE Principal Ecologist David Wolff conducted a field reconnaissance surveys with the project team in 2020, with the California Department of Fish and Wildlife (CDFW) Warden Jason Chance and City Biologist Freddy Otte on February 24, 2021 to review jurisdictional limits, and to assess habitat conditions in the ravine on March 17, 2021. The March 17th surveys were conducted by Mr. Wolff walking the proposed project site recording plant and wildlife species observed and general site characteristics in the eucalyptus ravine. The purpose of the field surveys was to document existing conditions in terms of habitat for plant and wildlife species, suitability for special-status species, the potential to support wetland and/or riparian habitats, and/or waters of the U.S./State. The Central Coast Water Board was contacted to determine if the proposed tree removal/topping activities in the ravine would require any approvals under their jurisdiction over waters of the State. DWE Principal Ecologist David Wolff reviewed the available background information and aerial photography, conducted the field surveys as described above, and is the primary author and principal in charge of report preparation. The survey data collected on plant and wildlife species and conclusions presented in this biological resources assessment are based on the methods and field reconnaissance surveys conducted over the project site as described above.
4.0 Existing Conditions and Regulatory Setting This section established the existing conditions of the proposed project site and regulatory setting for eucalyptus removal adjacent to the developed French Hospital campus.
4.1 BIOLOGICAL RESOURCES EXISTING CONDITIONS The proposed project four-story Patient Tower Expansion, 1,000 square foot Chapel to be constructed within the existing Entry Portico, and a new parking deck with a helistop all will be within the developed French Hospital campus. There is minimal landscape vegetation within the developed areas that is mostly just around the fringe of the parking areas. As such, the proposed project areas support little to no habitat values even for common wildlife adapted to the urban developed setting. The small stand of nine eucalyptus trees on the arborist characterized northwest side of the existing parking lot are at the top of the slope above the railroad tracks. The arborist report suggests these trees are in poor health and recommends removal as opposed to topping. These trees are adjacent to the parking lot and construction trailer as shown in Photos 1 and 2 in attached Figure 1 Representative Photographs. The relatively small non-native eucalyptus trees are not in any habitat or woodland context and support only minimal habitat values for locally common wildlife accustomed to the developed urban environment such as raccoons, opossum, skunk, rodents, and birds. The arborist characterized southwest stand of eucalyptus in the ravine are much larger trees along edge of the parking lot and up and down the steep slopes of the ravine. The six removals are located
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Biological & Wetland Resources Assessments – Regulatory Compliance Specialist
at the top of the ravine adjacent to the landscape buffer of the parking lot. The nine eucalyptus trees to be topped are further down the ravine slope near but not in the flowline of the ravine (see Section 4.2 below). The overstory vegetation in the ravine are eucalyptus trees, with an understory of native scattered coast live oak trees and saplings, large toyon shrubs, poison oak, non-native canary palms, and a thicket of arroyo willow at the head of the ravine next to Iris Street sidewalk. The ground cover has a dense layer of eucalyptus leaf and bark debris precluding most herbaceous vegetation except for a patchy cover of sourgrass. See Figure 1 Photos 3, 4, and 5. The stand of non-native eucalyptus trees and scattering of native trees and shrubs in the ravine is an isolated patch of woody habitat from the Iris Street cul de sac west to the railroad tracks that is otherwise surrounded by the hospital and residential development and are not a part of any connected habitat corridor or native woodland context. As such it only supports only minimal habitat values for locally common wildlife accustomed to the developed urban environment such as raccoons, opossum, skunk, rodents, and birds. During the March 17, 2021 DWE field survey birds observed included chestnut-backed chickadee, bushtit, scrub jay, Audubon’s warbler, and red-shouldered hawk. No special-status plant or wildlife species are expected in the eucalyptus dominated isolated remnant habitat within the surrounding residential and institutional urban development.
4.2 REGULATORY SETTING The “eucalyptus ravine” along the south side of the French Hospital campus has a City of San Luis Obispo designated open space overlay. A remnant above ground intermittent drainage flowline runs at the bottom of the steep sloped ravine entering from an underground culvert (approximately 5’ diameter) below the Iris Street cul de sac and exiting back underground through a culvert at the railroad tracks. A small flow along the bottom of the ravine was observed during the March 17, 2021 DWE field survey. There was no evidence (scour or drift lines of debris) that flows would reach beyond the ravine bottom up onto the steep slopes. See Figure 1 Photos 6, 7, and 8. The U.S. Army Corps of Engineers (Corps) may exert jurisdiction under Section 404 of the Clean Water Act over the drainage flowline of the intermittent drainage. However, the Corps only regulates the discharge of dredged or fill material into waters of the U.S. that would not be the case for this project as described in Section 2.0 above for the tree topping close to but not within the drainage flowline. As defined in the Code of Federal Regulations 323.2 Definitions:
(e)(1) Except as specified in paragraph (e)(3) of this section, the term fill material means
material placed in waters of the United States where the material has the effect of: (i)
Replacing any portion of a water of the United States with dry land; or (ii) Changing the
bottom elevation of any portion of a water of the United States. (2) Examples of such fill
material include, but are not limited to: rock, sand, soil, clay, plastics, construction debris,
wood chips, overburden from mining or other excavation activities, and materials used to
create any structure or infrastructure in the waters of the United States. (3) The term fill
material does not include trash or garbage. Based on the project description of activities outside of the ravine flowline and Corps regulatory definition of “fill material,” no regulatory compliance or permit from the Corps is needed as there would be no fill of waters of the U.S. as part of the proposed project. The Central Coast Regional Water Quality Control Board (RWQCB) may exert jurisdiction over waste discharge activities in waters of the State including riparian habitat as part of federal Clean Water Act Section 401 authority, or the California Porter-Cologne Water Quality Control Act absent any Federal jurisdiction. The Central Coast RWQCB was contacted to determine if any of the proposed project activities, particularly the eucalyptus removal/topping within the ravine, would require any regulatory compliance for the proposed project. The RWQCB determined that they
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Biological & Wetland Resources Assessments – Regulatory Compliance Specialist
would not exert any regulatory compliance requirements for the project as proposed that is documented in correspondences attached as Exhibit 1. The CDFW regulates the alteration of the bed, bank, or channel of a river, stream or lake where it could substantially affect a fish or wildlife resource under Section 1600 et. seq. of the Fish and Game Code of California. CDFW jurisdiction typically extends to the top of bank of a creek or outside edge of riparian vegetation whichever is furthest. The project team met with CDFW Warden Jason Chance to evaluate CDFW’s jurisdiction over the drainage and ravine where the eucalyptus removal and topping would occur. Warden Chance suggested the limits of CDFW jurisdiction would extend to the top of the ravine (top of “bank”) as the extent of riparian habitat given the scattering of native coast live oak trees that under some circumstances may be associated with riparian habitat. As such, the project proponent as part of the project will submit a Streambed Alteration Agreement Notification for the eucalyptus removal and topping in the ravine in accordance with CDFW 1600 procedures as recommended by Warden Chance. The CDFW Fish and Game Code of California Sections 3503 and 3503.1 (raptors specifically) prohibits the destruction of active nests of birds. Active bird’s nests must be avoided from destruction and protected from nest failure during project activities as there is no permit available for destruction of an active nest.
5.0 PROJECT IMPACTS AND RECOMMENDED MITIGATION MEASURES
IMPACT 1: NESTING BIRDS The intent of the project schedule is to conduct the eucalyptus tree removal/topping outside the nesting season for birds if feasible. However, the eucalyptus removal and topping in both the north and south flightpath obstruction zones during the nesting season for birds could result in the destruction of active bird’s nests. As noted above, destruction of active nests is prohibited by the Fish and Game Code of California Sections 3503 and 3503.1 (raptors specifically). As such, this could be considered a potentially significant impact.
The following recommended mitigation measure would avoid destruction or disturbance of active
nests, thereby reducing the potentially significant impacts to a less than significant level.
MM BIO-1: Eucalyptus tree removal and topping shall be conducted between September 1 and
January 31 outside of the nesting season for birds to the extent feasible. If vegetation and/or tree
removal is planned for the bird nesting season (February 1 to August 31), then preconstruction nesting
bird surveys shall be conducted within the ravine and north eucalyptus removal area by a qualified
biologist to determine if any active nests would be impacted by project construction. If no active nests
are found to be impacted, then no further mitigation shall be required.
If any active nests are found that would be impacted by construction, then the nest sites shall be
avoided with the establishment of a non-disturbance buffer zone around active nests as determined by
a qualified biologist. Nest sites shall be avoided and protected within the non-disturbance buffer zone
until the adults and young of the year are no longer reliant on the nest site for survival as determined
by a qualified biologist. As such, avoiding destruction or disturbance of an active nest would reduce
potential impacts on nesting birds to a less-than-significant level.
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Biological & Wetland Resources Assessments – Regulatory Compliance Specialist
IMPACT 2: NATIVE VEGETATION IMPACT/REMOVAL The eucalyptus removal and topping in the ravine could result in the incidental impact on native oak trees or saplings and large toyon shrubs from falling tree removal debris and slash removal. This could be considered a potentially significant impact on the remaining native vegetation in the ravine that might otherwise thrive from the additional light after the eucalyptus removal and topping.
The following recommended mitigation measure would avoid destruction or disturbance of native
trees and shrubs, thereby reducing the potentially significant impacts to a less than significant level.
MM BIO-2: Oak trees and saplings, and toyon shrubs shall be identified in the ravine work zone and
marked with highly visible flagging or fencing and protected from destruction during the eucalyptus
removal topping activities.
6.0 CONCLUSIONS Based on the findings described above establishing the existing conditions of biological resources and regulatory setting within the project site, and incorporation of the recommended mitigation measures, implementation of the proposed project would not result in any substantial adverse effects on biological, botanical, or riparian habitat resources. Therefore, with mitigation measures incorporated into the project, direct and indirect project impacts on biological resources would be considered to be less than significant. Thank you for the opportunity to provide biological resources consulting services for this project. Very truly yours,
David K. Wolff DWE Principal Ecologist
ATTACHMENTS:
FIGURE 1 – REPRESENTATIVE PHOTOGRAPHS
EXHIBIT 1 – RWQCB “NO PERMIT REQUIRED” CORRESPONDENCES
DAVID WOLFF ENVIRONMENTAL, LLC DIGNITY HEALTH FRENCH HOSPITAL HELISTOP FLIGHTPATH OBSTRUCTION EUCALYPTUS TREE REMOVAL BIOLOGICAL RESOURCES ASSESSMENT – REPRESENTATIVE PHOTOGRAPHS
FIGURE 1– REPRESENTATIVE PHOTOGRAPHS PAGE 1 OF 2
Photo 1: View southwest at eucalyptus removal “north” area (arrow) around construction
trailer at the edge of the parking lot. 4/17/2021
Photo 2: View southwest at eucalyptus removal “north” area around construction trailer at
the edge of the parking lot and top of slope above railroad tracks. 4/17/2021
Photo 3: View east at “south” area eucalyptus removals and coast live oak understory at top
of the ravine slope along parking lot. 4/17/2021
Photo 4: View east at “south” area eucalyptus removals and coast live oak understory at top
of the ravine slope along parking lot. 4/17/2021
DAVID WOLFF ENVIRONMENTAL, LLC DIGNITY HEALTH FRENCH HOSPITAL HELISTOP FLIGHTPATH OBSTRUCTION EUCALYPTUS TREE REMOVAL BIOLOGICAL RESOURCES ASSESSMENT – REPRESENTATIVE PHOTOGRAPHS
FIGURE 1– REPRESENTATIVE PHOTOGRAPHS PAGE 2 OF 2
Photo 5: View south at “south” area eucalyptus topping area. Understory toyon shrubs,
canary palm, poison oak, and sourgrass ground cover. 4/17/2021
Photo 6: View southeast at culvert outfall (arrow) below the Iris Street cul de sac to the
drainage flowline at the bottom of the eucalyptus dominated ravine. 4/17/2021
Photo 7: View east (upstream) at drainage flowline (arrows) at the bottom of the eucalyptus
dominated ravine with canary palm. 4/17/2021
Photo 8: View southwest at drainage exiting the ravine underground through a culvert
under the railroad tracks (arrow). 4/17/2021
From:davidw.enviro@gmail.com
To:"Hammer, Phillip@Waterboards"
Cc:Ariana Melendez
Subject:RE: French Hospital Heliport Eucalyptus Removal
Date:Wednesday, March 17, 2021 4:54:50 PM
Greetings Phil,
The basis of your finding is correct.
Thank you very much for your expeditious review of our request.
David K. Wolff, Owner, Principal Ecologist
David Wolff Environmental, LLC
P.O. Box 7019
Los Osos, CA 93402
(805) 235-5223
DavidW.Enviro@gmail.com
From: Hammer, Phillip@Waterboards <Phillip.Hammer@waterboards.ca.gov>
Sent: Wednesday, March 17, 2021 2:10 PM
To: davidw.enviro@gmail.com
Subject: RE: French Hospital Heliport Eucalyptus Removal
David,
Thanks for checking in on these types of projects. We decline to regulate this project for the
following reasons, based on the information provided:
No work, fill, or structures will occur in the drainage;
Trees lower on the slope will only be trimmed;
Only three non-native trees will be removed, which are located at the top of slope, with roots
left in place.
-Phil
From: davidw.enviro@gmail.com <davidw.enviro@gmail.com>
Sent: Monday, March 15, 2021 2:12 PM
To: Hammer, Phillip@Waterboards <Phillip.Hammer@waterboards.ca.gov>
Subject: French Hospital Heliport Eucalyptus Removal
EXTERNAL:
Greetings Phil,
I am working for the architect firm for a French Hospital project that includes a heliport on one of
the new buildings to be constructed. They have identified a flight path that requires eucalyptus
removal and topping on steep slopes well above a remnant narrow above ground drainage. The
drainage enters at the Iris Street cul de sac and exits under the railroad tracks. Attached aerial and
arborist report for your review.
No work, fill, structures, etc. will be placed in the narrow drainage at the bottom of the slope. Work
Exhibit 1 - RWQCB "No Permit Required" Correspondence
will be done by “hand” by climbing trees to be topped lower on the slope, removals are high on the
slope close to the parking lot. Removals will be cutting down to a stump leaving the roots in place to
minimize ground disturbance. I suggest calling this eucalyptus well above the active channel
“riparian habitat” is a stretch.
However, FYI we had a field meeting with CDFW Warden Jason Chance. He suggested the top of the
steep slopes are “top of bank” and submitting a SAA Notification for the record in case interested
public call during the work on the slopes.
So, is there any regulatory compliance from the Water Board needed for this activity?
Thanks in advance for your help.
David K. Wolff, Owner, Principal Ecologist
David Wolff Environmental, LLC
P.O. Box 7019
Los Osos, CA 93402
(805) 235-5223
DavidW.Enviro@gmail.com