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Worker Environmental Awareness Program for Fence InstallationWorker Environmental Awareness Program Peninsular Big Horn Sheep Temporary Fence Installation Project at the SilverRock Resort The Peninsular bighorn Sheep Fence Temporary Installation Project (Project) at the SilverRock Resort is within the geographic range of and contains suitable habitat for a variety of special -status biological resources, including but not limited to: Peninsular bighorn sheep, desert tortoise, red -diamond rattlesnake, rare plant species and nesting birds protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game code. SilverRock Resort located in the City of La Quinta, Riverside County California is located immediately adjacent to the Santa Rosa/San Jacinto Mountains Conservation Area of the Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan (CVMSHCP/NCCP). The Project is therefore required to comply with the requirements and provisions of the CVMSHCP/NCCP, State and federal Endangered Species Acts, the California Environmental Quality Act (CEQA), the City of La Quinta Mitigation Monitoring Program for the SilverRock Resort and the Revised Recommendations for Temporary Fence Installation for the SilverRock Project (USFWS 2017). This Worker Environmental Awareness Program (WEAP) was developed to summarize the procedures and policies proposed for the avoidance and minimization of potential Project -related impacts to the occurring, or potentially -occurring special -status biological resources. Attendance of the WEAP and signing the acknowledgement form stating that you agree to implement and comply with the Project impact avoidance and minimization measures presented herein along with all other Project permit conditions and/or Best Management Practices (BMP's) is a requirement for Project compliance. General Environmental Compliance All Project personnel will comply with the following requirements: A Worker Environmental Awareness Program (WEAP) will be implemented to inform Project personnel of the potential presence of bighorn sheep along the alignment, on the golf course and/or on the adjacent hillsides. The WEAP will include photographs, descriptions, conservation status, impact avoidance and minimization measures as outlined in this letter, and penalties associated with unauthorized impacts to bighorn sheep. Project personnel will be required to attend the WEAP and sign an acknowledgment of attendance and agreement to comply with the measures outlined in the WEAP. Personnel will be instructed to notify the biological monitor immediately of all sheep sightings, and what to do if they observe a sick or moribund sheep, or a Iamb that appears to be abandoned by its mother. In those cases, Project personnel will NOT approach or touch the animal, and will notify the biological monitor immediately. The biological monitor will contact CDFW biologist Kevin Brennan (760) 749-3270 — office, (760) 861-3627 — mobile, kovin.brennan@wildlife.ca.Aov immediately. La Quinta Animal Control Services should NOT be contacted. ■ Limit all approved Project -associated activities including fence installation, site access, parking and staging to the Project alignment, designated access routes and staging areas. • Consult the biological monitor prior to entry into any new area of the Project site including the fence alignment, access routes, staging areas and/or parking areas to confirm that daily pre -construction clearance surveys have been conducted. Do not proceed with work unless you have confirmed that daily pre -construction surveys have been completed. 0 Observation of a 15 -mile per hour (mph) speed limit on all unpaved approved project access routes. Worker Environmental Awareness Procedure BIOLOGICAL RESOURCES • Avoidance of smoking, pets or possession of firearms on-site. • Excavations, pits and/or trenches shall NOT be left open overnight. • Cover, contain, and dispose of trash daily. Construction -related debris should be regularly. Do not leave ANY trash, including ALL food scraps and wrappers, on-site. Some birds and mammals can smell and are attracted to food waste left on-site. If you bring it in, pack it out and throw it away. Biological Resources Nesting Birds The Project site and adjacent areas, or portions thereof, contain potentially suitable habitat for special - status species such as: burrowing owl (Athene cunicularia), prairie falcon (Falco mexicanus), loggerhead shrike (Lanius ludovicianus), black -tailed gnatcatcher (Polioptila melanura), vermillion flycatcher (Pyrocephalus rubinus), crissal thrasher (Toxostoma crissale) and Le Conte's thrasher (Toxostoma lecontei). Burrowing owl, loggerhead shrike, vermillion flycatcher and Crissal thrasher are managed as California Species of Special Concern (SSC's) while the prairie falcon and black -tailed gnatcatcher are watch list species. Le Conte's thrasher is a covered species under the CVMSHCP/NCCP. The potential for these species to nest on or in proximity to the alignment ranges from very low to high. Photos of burrowing owl, loggerhead shrike and vermillion flycatcher are provided below. • Common native bird species (with few exceptions) are protected by the federal MBTA and California Department of Fish and Wildlife (CDFW) code while nesting and impacts are not covered under the CVMSHCP. Active verdin (Auriparus flaviceps) and mourning dove (Zenaida macroura) nests were observed along the alignment during the pre -construction survey conducted on 23 February 17 and the potential for new verdin and mourning dove nests, as well as nests of other common species along the alignment is high. • A person, association, partnership or corporation which violates the MBTA or its regulations is guilty of a misdemeanor and subject to a fine of up to $500, jail up to six months, or both. Anyone who knowingly takes a migratory bird and intends to, offers to, or actually sells or barters the bird is guilty of a felony, with fines up to $2,000, jail up to two years, or both. Permissible fines have increased significantly under the Sentencing Reform Act of 1984, as amended in 1987. The biological monitor will conduct pre -construction nesting bird surveys in active Project areas including, but not limited to: the alignment, access routes, parking and staging areas during the nesting season (generally February 1 through August 31) prior to commencement of Project -related activities in any given area. Environmentally Sensitive Areas (ESA's) will be established Active bird nests along the alignment or within adjacent areas. Generally, ESA's for nesting birds are defined by CDFW as 300 -feet for passerines or 500 -feet for raptors and/or listed species. In some cases, however, ESA's can be reduced for a variety of reasons including: topography, vegetation, species tolerance, presence of natural or artificial barriers, etc., at the discretion of the biological monitor. The biological monitor will establish and mark (with stakes) ESA's along the alignment to temporarily avoid or minimize Project -related disturbance to nesting birds, where appropriate. The biological monitor will monitor bird nests to determine if they appear to be active. If active nests and Project activities are located in close proximity to one another, the biological monitor will observe the birds for potential signs of stress (i.e., excessive scolding, increased activity at the nest site). If stress behavior is observed, additional measures including, but not limited to: use of hand tools, adjustment of the alignment (where possible), ESA adjustment (where appropriate), installation of temporary sound and/or visual barriers. • If a bird nest, or suspected bird nest is observed, immediately halt work in the immediate vicinity and consult the biological monitor immediately. Do not approach the nest. • Although surveys for burrowing owl (Athene cunicularia) for the Project ended with negative results, in the event that burrowing owl(s) are observed or detected on or adjacent to the Project site, ESA's will be established, staked for avoidance and/or additional measures consistent with those described above will be implemented. Reptiles • The Project site provides habitat and is within the geographic range of red -diamond rattlesnake (Crotalus ruber), which is a California Species of Special Concern (SSC). There is a moderate to high potential for this species, along with a variety of other common reptile species to occur on-site. • The biological monitor will conduct daily pre -construction clearance surveys for red -diamond rattlesnake and common reptile species prior to commencement of Project -related activities in any given area. • Harming, killing, handling or disturbing red -diamond rattlesnake (and other common reptile species) will be avoided by all Project personnel. • Check beneath, in front of and behind vehicles, equipment, Project materials, rocks and/or vegetation prior to starting engines, moving or handling to avoid accidental injury (or worse) to yourself and/or the animal. Visually inspect where you place your hands and plant your feet prior to doing so. Also inspect any and all holes, rock cracks, crevices, trenches, debris, spoils, etc. prior to placing yourself and/or the animal at risk of injury. • Immediately notify the biological monitor if you observe a rattlesnake on-site. Most will voluntarily disperse on their own accord away from people and Project activities. If not, however, the biological monitor will have the experience, authorizations and equipment to safely relocate any and all snakes and other common reptile species to suitable habitat away from harm and the Project site. • The federally and state -listed as threatened desert tortoise (Gopherus agassizii) is known to occur in the vicinity and the on-site rocky foothills of the Santa Rosa Mountains provide suitable habitat for this species. The likelihood of desert tortoise occurring along the alignment, however, is extremely low. In addition, it is legal and common for residents of California to keep lawfully -acquired desert tortoises as pets. Pet tortoises frequently escape or are released back into the wild. Pet tortoises, however, have the exact same legal status, are protected and are legally treated the same as wild tortoises. In the unlikely event that a desert tortoise is observed on or adjacent to the Project site, IMMEDIATELY halt ALL work in the area and notify the biological monitor. The biological monitor will notify CVAG, CDFW, BLM (where applicable) and the U.S. Fish and Wildlife Service (USFWS) to determine the best course of action. The best approach is allow the tortoise to voluntarily vacate the area. If it does not vacate the area, however, handling and/or moving the tortoise is NOT an option without issuance of an incidental take permit. An incidental "take" permit for desert tortoise has NOT been issued for this Project and therefore any/all disturbance to desert tortoise MUST be avoided. Penalties for unpermitted take of desert tortoise in California include fines of up to $50,000.00, up to one (1) year in jail, or both per incident and per individual/entity. Mammals • A variety of mammals, including but not limited to: mice, gophers, bats, rabbits, squirrels, skunks, possums, raccoons, badgers, coyotes, foxes and bobcats, have the potential of occurring on-site and/or the immediate vicinity. The Project alignment, or portions thereof, contains habitat for and is within the geographic range of a variety of special -status mammal species including: western (southern) yellow bat (Lasiurus ega), pocketed free -tailed bat (Nyctinomops femorosaccus), Palm Springs pocket mouse (Perognathus longimembris bangsl), and Coachella Valley (Palm Springs) round -tailed ground squirrel (Spermophilus tereticaudus chlorus). • Pre -construction clearance surveys will be conducted daily by the biological monitor. If special -status mammals are detected on-site or in the immediate vicinity, efforts to avoid or minimize Project -related Worker Environmental Awareness Procedure BIOLOGICAL RESOURCES impacts to those species will be implemented to the greatest extent feasible. This may require temporarily halting work in a given area to allow the species to voluntarily vacate the work area. Mammals are often found in burrows, dens, under surface objects and within man-made structures such as drainpipes or culverts but can also be found in the shade beneath vehicles and/or equipment. Check beneath vehicles, equipment and materials to avoid harming (or worse) mammals prior to starting engines or moving. • Many mammals are attracted to and will scavenge trash, particularly food -related items, which can be harmful or even fatal for some species. Immediately contain and dispose of trash at the end of each day. Contain and dispose of construction debris (i.e., wood, plastic, metal, cement, concrete, etc.) regularly. The rocky areas such as the cliffs, outcrops, crevices, cracks and cavities, as well as some of the trees (palm trees with intact aprons in particular) provide day roosting and/or hibernation habitat for a variety of bat species including the western (southern) yellow bat and pocketed free -tailed bat. For these reasons, the Project should avoid and/or minimize disturbance to these microhabitats habitats (where possible). • If/when Project -related disturbance to the above -referenced habitats is necessary, immediately notify the biological monitor to conduct a clearance survey prior to disturbance. If bats are found within an area that requires disturbance, the Coachella Valley Association of Governments (CVAG), CDFW and/or BLM may need to be consulted for further direction. • Because the majority of bat species in our area are insectivorous and lights attract insects, night work should be avoided to prevent accidental or inadvertent harm (or worse) to foraging bat species. Peninsular Bighorn Sheep • Peninsular bighorn sheep (Ovis canadensis nelsonii DPS 2) range in color from light brown to grayish or dark brown and have a white rump and lining on the backs of all four legs. Both sexes have horns, large and curved on adult males, or rams and shorter and less curved on juveniles and adult females (ewes). • Peninsular bighorn sheep are residents of the steep, rocky terrain within the Santa Rosa Mountains, including the Project site and routinely visit the grounds of the golf course at SilverRock Resort, hence the intent and purpose of this Project. • The Peninsular bighorn sheep is federally -listed as endangered, state -listed as threatened and is a fully - protected species in California. Peninsular bighorn sheep is also a CVMSHCP covered species and the adjacent rocky hillsides are within a CVMSCHP Conservation Area (Santa Rosa/San Jacinto Mountains) and designated critical habitat for Peninsular bighorn sheep is present on nearby public lands administered by the Burea of Land Management. • Penalties for unpermitted take of Peninsular bighorn sheep include fines exceeding $100,000 and up to one (1) year in jail, or both per incident and individual/entity. • The Peninsular bighorn sheep population declined from 1,171 to 276 by 1996. By 1998, after their listing, the population increased to around 950. ® The City of La Quinta and contractors will work with the involved wildlife agencies (USFWS, CDFW and CVAG) to identify fencing locations, identify timing and phasing of installing fence panels, monitor bighorn sheep use during the construction, and provide adequate biological monitoring staff to redirect sheep out of the construction area as necessary. • Prior to commencement of fence installation, representatives of the involved wildlife agencies will walk and finalize the fence alignment, which will be staked at that time to ensure the alignment is fixed in the field. Gate locations, known sheep access points where fence panels would be installed last, and tie-in alignments to the Tradition wall at the north end and to the Coachella Valley Water District fence at the south end, will also be identified and marked in the field. • The City should be aware that sheep may be able to access the SilverRock property from the north and south after the temporary fence along the toe -of -slope is built, so additional temporary fencing to exclude sheep may be necessary. M The final design and alignment selection will identify locations for entry gates that provide access necessary so that the biological monitor can redirect bighorn sheep away from the golf -course side of the fence. In addition, as the fencing is installed it may be necessary to provide openings sufficient to allow the sheep access to escape terrain from the golf course. • Biological monitoring by a qualified biological monitor knowledgeable about bighorn sheep biology will be conducted for all construction -related activities that have the potential to affect bighorn sheep. The biological monitor will be on-site at all times during construction to observe sheep presence in or near the construction area, document any signs of distrees or illness and take appropriate action if needed. Pre - construction clearance surveys will be conducted daily and monitored by the biological monitor. • The biological monitor will have the authority to temporarily halt any and all construction -related activities that threaten bighorn sheep and to contact the involved wildlife agencies (CDFW biologist Kevin Brennan [760] 749-3270 — office, [760] 861-3627 — mobile; kevin.brennan@wildlife.ca.gov and/or USFWS biologist Jenness McBride [760] 322-2070 ext. 403; jenness_mcbride@fws.gov) if sheep are encountered during fence installation. Impact avoidance and/or minimization measures that will be implemented by the biological monitor include: daily monitoring of the fence alignment, construction areas, and the SilverRock golf course adjacent to the alignment. The biological monitor will remain on-site every day during all construction activities, and provide daily reports to designated wildlife agencies staff. • Physical capture, temporary handling, and immediate relocation of bighorn sheep (if necessary) will be conducted only by CDFW biologist, Kevin Brennan (760) 749-3270 — office, (760) 861-3627 — mobile. • To protect Peninsular bighorn sheep, the provisions required by the Mountain Toe -of -Slope Buffer/Mitigation Concept Plan for the SiverRock Resort or more current overseeing agency (CVAG, USFWS, CDFW, BLM) requirements (i.e., USFWS Revised Recommendations for Temporary Fence Installation for SilverRock Project letter dated January 18, 2017). Development and design (including but not limited to: location, height, spacing width, materials) of the fence shall be in accordance with the City of La Quinta Mitigation Monitoring Program for the SilverRock Resort or current overseeing agency (CVAG, USFWS and/or CDFW) requirements. Plants The Project site, or portions thereof, provides potentially suitable habitat for a variety of special -status plant species including: chaparral sand -verbena (Abronia villosa var. Aurita), Borrego milkvetch (Astragalus lentiginosus var. borreganus), Coachella Valley milkvetch (Astragalus lentiginosus var. coachellae), triple -ribbed milkvetch (Astragalus tricarinatus), white-bracted spineflower (Chorizanthe xanti var. leucotheca), ribbed cryptantha (Cryptantha costata), winged cryptantha (Cryptantha holoptera), glandular ditaxis (Ditaxis clariana), California ditaxis (Ditaxis serrata var. californica), Deep Canyon snapdragon (Pseudorontium cyathiferum) and Orocopia sage (Salvia greatae). The potential for these species to occur along the alignment is considered to be very low to low. • Several of these are CVMSHCP-covered species. These include the federally -listed as endangered Coachella valley milkvetch federally -listed as endangered triple -ribbed milkvetch and Orocopia sage. • Pre -construction clearance surveys will be conducted daily by the biological monitor. If special -status plant species are detected, efforts to avoid or minimize Project -related impacts to those species will be implemented to the greatest extent feasible. This may include slight deviations from the proposed alignment to physically avoid the species. • The biological monitor will establish ESAs for special -status plant species where observed. ESAs will implemented to avoid and/or minimize disturbance to special -status plant species to the greatest extent practicable. Worker Environmental Awareness Procedure BIOLOGICAL RESOURCES Reporting • The biological monitor will record any bighorn sheep encounters that occurred and how they were resolved on a daily basis. For the first week of construction, the biological monitor will report daily by 6:00 PM to the Wildlife Agencies by email or telephone, and weekly (each Friday) thereafter. Points of contact for the Wildlife Agencies are: Jenness McBride, U.S. Fish and Wildlife Service: 760- 322-2070, extension 403; jenness_mcbride@fws.gov; and Kevin Brennan, California Department of Fish and Wildlife: (760) 749-3270 — office, (760) 861-3627 — mobile; Kevin.Brennan@wildlife.ca.gov Post -construction monitoring will be conducted at least once daily after the fence is completed for the presence of bighorn sheep on either side of the fence or anywhere on the SilverRock property, with weekly reports provided to the wildlife agencies by email or telephone to the points of contact noted above. Post - construction monitoring should continue for about 2 or 3 months. Based on the monitoring results, the wildlife agencies in coordination with SilverRock management will evaluate the need for further monitoring. This post -construction monitoring does not require special qualifications; any employee of SilverRock or the City of La Quinta, for example golf course maintenance workers, would be able to act as observers during their normal work hours, with minimal training on what to observe and record. The Wildlife Agencies would be glad to work with the City of La Quinta and SilverRock to brief personnel on how to observe sheep without disturbing them and to report on any sheep sightings. • All daily and post -construction reports will be assembled and maintained as a part of the Project record, and provided to the Wildlife Agencies. Literature Cited Colby, J., and R. Botta. 2014. Peninsular bighorn sheep annual report 2014. California Department of Fish and Wildlife, South Coast Region. United States Fish and Wildlife Service (USFWS), 2017. Revised Recommendations for Temporary Fence Installation for SilverRock Project, City of La Quinta, Riverside County, California. Unpublished letter submitted by the USFWS to La Quinta City Manager, Mr. Frank J. Spevacek on January 18, 2017. Contacts Amec Foster Wheeler Biologist Monitors: Michael Wilcox, Office: (951) 369-8060 Mobile: (951) 634-9765 E-mail: michael.wilcox@amecfw.com Nathan Moorhatch, Office: (951) 369-8060 Mobile: (714) 423-8559 E-mail: nathan.moorhatch amecfw.com John Green, Office: (951) 369-8060 Mobile: (951) 751 0733 E-mail: 0ohn. reen amecfw.com Stephen Myers, Office: (951) 369-8060 Mobile: (951) 616-7578 E-mail: steohen.myersCa)amecfw.com Lisa Wadley, Office: (951) 369-8060 Mobile: (951) 634-9769 E-mail: lisa.wadleyamecfw.com Phil Clevinger, Office: (951) 369-8060 Mobile: (760) 490-9617 E-mail: phatcattbone@,Yahoo.com Rob Williams, Office: (951) 369-8060 Mobile: (951) 833-3823 E-mail: robe rtlouwiIlia (a)yahoo.com Ryan Quilley, Office: (858) 278-3600 Mobile: (610) 804-8916 E-mail: ryan.quilleyQamecfw.com Biological Resources Manager: Scott Crawford, Office: (951) 369-8060 ext. 223 Mobile: (714) 742-5316 E-mail: scott.crawfordnamecfw.com California Department of Fish and Wildlife Biologist: Kevin Brennan, (760) 749-3270 — office; (760) 861-3627 - Mobile E-mail: kevin.brennan@wildlife.ca.gyv United States Fish and Wildlife Service Biologist: Jenness McBride, Office: (760) 322-2070 ext. 403 E-mail: ienness.mcbride@fws.cov Peninsular Big Horn Sheep Temporary Fence Installation Project SilverRock Resort, La Quinta, Riverside County, California NZN 4 �.� I ALM R IL N. Photo 1. Peninsular bighorn sheep (ram) photographed on rocky slopes of the Santa Rosa Mountains adjacent to SilverRook Resort. Photo 2. Collared and tagged Peninsular bighorn sheep (ewe) photographed while grazing on the SilverRock Resort. Peninsular Big Horn Sheep Temporary Fence Installation Project SilverRock Resort, La Quinta, Riverside County, California Photo 3. Small herd of Peninsular bighorn sheep (rams) photographed grazing on the SliverRock Resort. while nesting. This species has a moderate to high potential of nesting along the alignment. Peninsular Big Horn Sheep Temporary Fence Installation Project SilverRock Resort, La Quinta, Riverside County, California while nesting. This species has a low to moderate potential of nesting along the alignment. along the alignment. All native bird species (with few exceptions) are protected by the Migratory Bird Treaty Act while nesting. Peninsular Big Horn Sheep Temporary Fence Installation Project SilverRock Resort, La Quinta, Riverside County, California Ll Pnoto 7. Loggerneaa snr!Ke nest wim eggs in a smau snrun. Mill I ar ItIM, �- IRV- "IN � xdt Photo 8. Burrowing owl. Burrowing owl surveys were conducted and ended with negative results. There is, however, a low potential for this species to occur if small mammal burrows are present along the alignment. IIIIve", rIR,o k R'; a - 0 - - r-� - _P a ■_- - - C F ifs _ F _ _� i - - - �■ �■ i _ �F F _ ■ – – – _ 0— = — ■ ' Lit7 0 9r - ---m ''_ _ i '�--i i – — ■ F - - vi - ---- –iii - ,m .1 rasa