(2)AR 011607 Endangered Species - Laserfiche WebLink

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required to protect endangered species habitat (see above), protective measures might also be required to address impacts caused by habitat conservation itself. For example, lands set aside for the Delhi Fly may require rough grading to loosen compacted soil. (See, e.g., Colton Dunes Conservation Bank Agreement, Exhibit F, Habitat Enhancement and Management Plan for Colton Dunes Habitat Preserve, San Bernardino County, California, March 23, 2005, at p. 33.) Such grading, by stirring up dust, may cause adverse air quality impacts since the City lies within a non -attainment area for particulate matter. (South Coast Air Quality Management District, 2003 Air Ouality Management Plan, at pp. 2-14 to 2-17.) Similarly, removal of non-native vegetation may be required to meet the Delhi Fly's habitat requirements. (Recovery Plan, at p. 6.) Thinning vegetation in the habitat area may, however, increase the potential for stormwater erosion and sedimentation, which adversely affects water quality. (California Regional Water Quality Control Board, Santa Ana Region, Order No. R8-2002-0012, at p. 53.) • The proposed ordinance involves procedures for protection of the environment. For example, the ordinance would allow the City to place the following conditions on habitat conservation use to ensure protection of the species: 1. Monitoring and reporting; 2. Fencing, screening and/or buffer zones; 3. Signage designed to prohibit trespassing, illegal dumping, and/or other disturbances to the species; 4. Adequate funding; 5. Remedial actions designed in conjunction with a Wildlife Agency or some other authoritative source; 6. All measures and conditions included in the proposed habitat conservation use; 7. Prohibition of activities inconsistent with habitat conservation; 8. Implementation of Best Management Practices to reduce or eliminate wind or stormwater erosion; 9. Any other condition consistent with the United States Department of the Interior, Fish and Wildlife Service, Guidance for the Establishment, Use, and Operation of Conservation Banks, May 2, 2003, or other similar guidance published by a Wildlife Agency. In its ruling on Urgency Ordinance No. 0-02-06, the Superior Court of San Bernardino County found that the Class 8 exemption did not apply to that ordinance. Specifically, the court interpreted the ordinance as inhibiting protection of the Delhi Sands Flower Loving Fly by placing restrictions on conservation easements to protect Fly habitat. (Calmat v. City of Colton, et al., San Bernardino County Superior Court Case No. SCVSS 135476.) Unlike the ordinance at issue in that case, this proposed ordinance makes clear that its intent is to ensure proper management of habitat conservation areas to protect both endangered species and the surrounding environment, as well as to facilitate the City's land use planning functions.