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HomeMy WebLinkAboutDWE_SDG_French Hospital Heliport BRA_FINAL_3-3Biological & 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 ArchitectStudioDesignGroupArchitects, Inc. 762 Higuera Street, Suite 212SanLuisObispo, 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 AssessmentfocusedontheeucalyptustreeremovalandtoppingtoeliminateflightpathobstructionsfortheproposedhelistopcomponentoftheproposedFrenchHospitalPatientTower, Chapel and ParkingStructure/Helistop projects. 1.0 INTRODUCTION AND PURPOSETheproposedprojectundertheFrenchHospital Master Plan includes a single four-story PatientTowerExpansion, a new 1,000 square foot Chapel to be constructed within the existing EntryPortico (under separate ARC submittal), and a new parking deck with a helistop. The helistop willservetherecentlycompletedEmergencyDepartmentexpansionandfutureNeonatalIntensiveCareUnit (NICU) in the proposed Patient Tower. DWE Principal Ecologist David Wolff reviewed available background data, conducted biologicalresourcesfieldsurveysoftheproposedproject, and consulted with regulatory agency personnel. The purpose of this biological resources assessment is to document existing conditions of theproposedprojectsiteandtoevaluatethepotentialforanydirectorindirectsignificantimpacts onbiologicalorriparianresources, or adverse effects on any rare, threatened, or endangered plant orwildlifespecies (special-status species). 2.0 PROJECT DESCRIPTIONTheproposedprojectundertheFrench Hospital Master Plan includes a single four-story PatientTowerExpansion, a new 1,000 square foot Chapel to be constructed within the existing EntryPortico (under separate ARC submittal), and a new parking deck with a helistop. All proposedprojectconstructionwilloccurwithintheexistingdevelopedFrenchHospitalcampus. The projectevaluationforFederalAviationAdministration (FAA) flight path obstructions to the helistop forincominganddepartinghelicoptersdeterminedtherequirementforremovalortoppingofseveraleucalyptustreestoremovetheflightpathobstructionsintwoareasofthehospitaladjacentlands. Two reports were prepared by Greenvale Tree Company Certified Arborist Chris Stier (both datedOctober28, 2020) that evaluated the eucalyptus trees within the FAA flightpath obstruction areasandprovidedrecommendationsonremovalortoppingofthetreestocleartheflightpath. As a David Wolff Environmental, LLC DIGNITY HEALTH FRENCH HOSPITAL HELISTOP FLIGHTPATH OBSTRUCTIONEUCALYPTUSTREEREMOVALBIOLOGICALRESOURCESASSESSMENT |2 Biological & Wetland Resources Assessments – Regulatory Compliance Specialist result of the report recommendations, nine eucalyptus trees in poor health will be removed in anadjacentuplandstothenorthwestoftheparkinglotattherearofthedevelopedFrenchHospitalcampus. The clearing of the flightpath obstructions in the stand of eucalyptus trees in the ravine tothesouthoftheFrenchHospitalcampuswillrequireremovalofsixtreesatthetopoftheravine, and the topping of nine trees lower on the ravine slopes. Tree removals will include cutting thetreesandleavingthestumpsinplacetominimizegrounddisturbance. Project tree removals andtoppingwithintheadjacentravinewillbedonebyhand (climbing, chain saw, and slash removal) with no mechanized equipment operated in the ravine. 3.0 METHODSDWEPrincipalEcologist David Wolff conducted a field reconnaissance surveys with the projectteamin2020, with the California Department of Fish and Wildlife (CDFW) Warden Jason ChanceandCityBiologistFreddyOtteonFebruary24, 2021 to review jurisdictional limits, and to assesshabitatconditionsintheravineonMarch17, 2021. The March 17th surveys were conducted by Mr. Wolff walking the proposed project site recording plant and wildlife species observed and generalsitecharacteristicsintheeucalyptusravine. The purpose of the field surveys was to documentexistingconditionsintermsofhabitatforplantandwildlifespecies, suitability for special-statusspecies, 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/toppingactivitiesintheravinewouldrequireanyapprovalsundertheirjurisdictionoverwatersoftheState. DWE Principal Ecologist David Wolff reviewed the available background information and aerialphotography, conducted the field surveys as described above, and is the primary author andprincipalinchargeofreportpreparation. The survey data collected on plant and wildlife speciesandconclusionspresentedinthisbiologicalresourcesassessmentarebasedonthemethodsandfieldreconnaissancesurveysconductedovertheprojectsiteasdescribedabove. 4.0 Existing Conditions and Regulatory SettingThissectionestablishedtheexistingconditionsoftheproposedproject site and regulatory settingforeucalyptusremovaladjacenttothedevelopedFrenchHospitalcampus. 4.1 BIOLOGICAL RESOURCES EXISTING CONDITIONSTheproposedprojectfour-story Patient Tower Expansion, 1,000 square foot Chapel to beconstructedwithintheexistingEntryPortico, and a new parking deck with a helistop all will bewithinthedevelopedFrenchHospitalcampus. There is minimal landscape vegetation within thedevelopedareasthatismostlyjustaroundthefringeoftheparkingareas. As such, the proposedprojectareassupportlittletonohabitatvaluesevenforcommonwildlifeadaptedtotheurbandevelopedsetting. The small stand of nine eucalyptus trees on the arborist characterized northwest side of theexistingparkinglotareatthetopoftheslopeabovetherailroadtracks. The arborist reportsuggeststhesetreesareinpoorhealthandrecommendsremovalasopposedtotopping. ThesetreesareadjacenttotheparkinglotandconstructiontrailerasshowninPhotos1and2inattachedFigure1RepresentativePhotographs. The relatively small non-native eucalyptus trees are not inanyhabitatorwoodlandcontextandsupportonlyminimalhabitatvaluesforlocallycommonwildlifeaccustomedtothedevelopedurbanenvironmentsuchasraccoons, opossum, skunk, rodents, and birds. The arborist characterized southwest stand of eucalyptus in the ravine are much larger trees alongedgeoftheparkinglotandupanddownthesteepslopesoftheravine. The six removals are located David Wolff Environmental, LLC DIGNITY HEALTH FRENCH HOSPITAL HELISTOP FLIGHTPATH OBSTRUCTIONEUCALYPTUSTREEREMOVALBIOLOGICALRESOURCESASSESSMENT |3 Biological & Wetland Resources Assessments – Regulatory Compliance Specialist at the top of the ravine adjacent to the landscape buffer of the parking lot. The nine eucalyptustreestobetoppedarefurtherdowntheravineslopenearbutnotintheflowlineoftheravine (see Section 4.2 below). The overstory vegetation in the ravine are eucalyptus trees, with anunderstoryofnativescatteredcoastliveoaktreesandsaplings, large toyon shrubs, poison oak, non-native canary palms, and a thicket of arroyo willow at the head of the ravine next to Iris Streetsidewalk. The ground cover has a dense layer of eucalyptus leaf and bark debris precluding mostherbaceousvegetationexceptforapatchycoverofsourgrass. See Figure 1 Photos 3, 4, and 5. Thestandofnon-native eucalyptus trees and scattering of native trees and shrubs in the ravine is anisolatedpatchofwoodyhabitatfromtheIrisStreetculdesacwesttotherailroadtracksthatisotherwisesurroundedbythehospitalandresidentialdevelopmentandarenotapartofanyconnectedhabitatcorridorornativewoodlandcontext. As such it only supports only minimalhabitatvaluesforlocallycommonwildlifeaccustomedtothedevelopedurbanenvironmentsuch asraccoons, opossum, skunk, rodents, and birds. During the March 17, 2021 DWE field survey birdsobservedincludedchestnut-backed chickadee, bushtit, scrub jay, Audubon’s warbler, and red-shouldered hawk. No special-status plant or wildlife species are expected in the eucalyptusdominatedisolatedremnanthabitatwithinthesurroundingresidentialandinstitutionalurbandevelopment. 4.2 REGULATORY SETTINGThe “eucalyptus ravine” along the south side of the French Hospital campus has a City of San LuisObispodesignatedopenspaceoverlay. A remnant above ground intermittent drainage flowlinerunsatthebottomofthesteepslopedravineenteringfromanundergroundculvert (approximately5’ diameter) below the Iris Street cul de sac and exiting back underground through a culvert at therailroadtracks. 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 wouldreachbeyondtheravinebottomupontothesteepslopes. See Figure 1 Photos 6, 7, and 8. The U.S. Army Corps of Engineers (Corps) may exert jurisdiction under Section 404 of the CleanWaterActoverthedrainageflowlineoftheintermittentdrainage. However, the Corps onlyregulatesthedischargeofdredgedorfillmaterialintowatersoftheU.S. that would not be the caseforthisprojectasdescribedinSection2.0 above for the tree topping close to but not within thedrainageflowline. 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 regulatorydefinitionof “fill material,” no regulatory compliance or permit from the Corps is needed as therewouldbenofillofwatersoftheU.S. as part of the proposed project. The Central Coast Regional Water Quality Control Board (RWQCB) may exert jurisdiction overwastedischargeactivitiesinwatersoftheStateincludingriparianhabitataspartoffederalCleanWaterActSection401authority, or the California Porter-Cologne Water Quality Control Act absentanyFederaljurisdiction. The Central Coast RWQCB was contacted to determine if any of theproposedprojectactivities, particularly the eucalyptus removal/topping within the ravine, wouldrequireanyregulatorycompliancefortheproposedproject. The RWQCB determined that they David Wolff Environmental, LLC DIGNITY HEALTH FRENCH HOSPITAL HELISTOP FLIGHTPATH OBSTRUCTIONEUCALYPTUSTREEREMOVALBIOLOGICALRESOURCESASSESSMENT |4 Biological & Wetland Resources Assessments – Regulatory Compliance Specialist would not exert any regulatory compliance requirements for the project as proposed that isdocumentedincorrespondencesattachedasExhibit1. The CDFW regulates the alteration of the bed, bank, or channel of a river, stream or lake where itcouldsubstantiallyaffectafishorwildliferesourceunderSection1600et. seq. of the Fish and GameCodeofCalifornia. CDFW jurisdiction typically extends to the top of bank of a creek or outside edgeofriparianvegetationwhicheverisfurthest. The project team met with CDFW Warden JasonChancetoevaluateCDFW’s jurisdiction over the drainage and ravine where the eucalyptus removalandtoppingwouldoccur. Warden Chance suggested the limits of CDFW jurisdiction would extendtothetopoftheravine (top of “bank”) as the extent of riparian habitat given the scattering of nativecoastliveoaktreesthatundersomecircumstancesmaybeassociatedwithriparianhabitat. Assuch, the project proponent as part of the project will submit a Streambed Alteration AgreementNotificationfortheeucalyptusremovalandtoppingintheravineinaccordancewithCDFW1600proceduresasrecommendedbyWardenChance. 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 fromdestructionandprotectedfromnestfailureduringprojectactivitiesasthereisnopermitavailablefordestructionofanactivenest. 5.0 PROJECT IMPACTS AND RECOMMENDED MITIGATION MEASURES IMPACT 1: NESTING BIRDSTheintentoftheprojectschedule is to conduct the eucalyptus tree removal/topping outside thenestingseasonforbirdsiffeasible. However, the eucalyptus removal and topping in both the northandsouthflightpathobstructionzonesduringthenestingseasonforbirdscouldresultinthedestructionofactivebird’s nests. As noted above, destruction of active nests is prohibited by theFishandGameCodeofCaliforniaSections3503and3503.1 (raptors specifically). As such, thiscouldbeconsideredapotentiallysignificantimpact. 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. David Wolff Environmental, LLC DIGNITY HEALTH FRENCH HOSPITAL HELISTOP FLIGHTPATH OBSTRUCTIONEUCALYPTUSTREEREMOVALBIOLOGICALRESOURCESASSESSMENT |5 Biological & Wetland Resources Assessments – Regulatory Compliance Specialist IMPACT 2: NATIVE VEGETATION IMPACT/REMOVALTheeucalyptusremovalandtoppingintheravine could result in the incidental impact on nativeoaktreesorsaplingsandlargetoyonshrubsfromfallingtreeremovaldebrisandslashremoval. This could be considered a potentially significant impact on the remaining native vegetation in theravinethatmightotherwisethrivefromtheadditionallightaftertheeucalyptusremovalandtopping. 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 CONCLUSIONSBasedonthefindingsdescribed above establishing the existing conditions of biological resourcesandregulatorysettingwithintheprojectsite, and incorporation of the recommended mitigationmeasures, implementation of the proposed project would not result in any substantial adverseeffectsonbiological, botanical, or riparian habitat resources. Therefore, with mitigation measuresincorporatedintotheproject, direct and indirect project impacts on biological resources would beconsideredtobelessthansignificant. Thank you for the opportunity to provide biological resources consulting services for this project. Very truly yours, David K. WolffDWEPrincipal 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 REMOVALBIOLOGICALRESOURCESASSESSMENT – REPRESENTATIVE PHOTOGRAPHS FIGURE 1– REPRESENTATIVE PHOTOGRAPHSPAGE1OF2 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 REMOVALBIOLOGICALRESOURCESASSESSMENT – REPRESENTATIVE PHOTOGRAPHS FIGURE 1– REPRESENTATIVE PHOTOGRAPHSPAGE2OF2 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