(3)AR 020607 Endangered Species Mitigation

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habitat is currently being protected against such threats in the City. City Staff has, in fact, observed potential habitat that is unmanaged within the City to contain trash, vaunt populations, unauthorized recreational off-roading, and invasive non-native vegetation. Therefore, left unmanaged, land ostensibly set aside to preserve endangered species habitat may in fact not support but instead harm the species and deteriorate to nuisance conditions. While the Service recognizes the need for extensive habitat management in its Conservation Bank Guidance, not all habitat conservation will occur pursuant to the Service's Conservation Bank Guidance. The California Civil Code, for example, does not currently require consultation with any specialized agencies prior to encumbering property with a conservation easement. Cal. Civ. Code, § 815 et seq.) Staff, therefore, recognizes a need to create a mechanism to allow the City to regulate the establishment of conservation uses for the benefit of endangered species in a manner that is consistent with the Service's Conservation Bank Guidance. Even when proposed habitat conservation involves the appropriate wildlife agencies, such as the California Department of Fish and Game or the Service, City involvement may nevertheless be necessary to ensure protection of the species. According to the Service, "[s]ites that otherwise appear to be good locations for conservation banks may turn out, on closer examination, to be inappropriate because of anticipated land use changes in the surrounding area." (Conservation Bank Guidance, at p. 5.) As an agency charged with land use regulation, the City can offer its expertise and information regarding the proper location of proposed habitat conservation. Just as special management measures may be required to protect endangered species, 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 Quality 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.) While the City regularly addresses