05/25/2013
Three days left to fire off your missive of protest to the Corps. Mine has gone and here it is for what it's worth.
Enjoy. (Please, I know about the typos; it may be what I'm most famous for.)
Via Email ([email protected])
Aaron O. Allen May 22, 2013
United States Army Corps of Engineers
Los Angeles District Regulatory Division
2151 Alessandro Drive, Suite 110
Ventura, CA 93001
Re: Comments on Proposed Lytle Creek Ranch South Commercial and
Residential Development; SPL-2013-00183-CHL
Dear Mr. Allen,
The following comments are submitted in response to the Army Corp of Engineers Public Notice regarding the permit application for the Lytle Creek Ranch South Commercial and Residential Development (LCRS).
This project has many areas of concern; that the project as submitted does not
demonstrate the “least environmentally damaging practicable alternative,”
(LEDPA); that Riversidean Alluvial Fan Sage Scrub (RAFFSS), San Bernardino Kangaroo Rat (SBKR), other threatened species and species of special interest would be brought to extinction levels; that the size and scope of the project warrants an Environmental Impact Statement (EIS), that proposing to construct a revetment to be able to build in a known flood plain creates problems of hydrology, water quality, and further destruction of habitat; that there are many unanswered questions with regards to mitigation lands, how the applicant arrived at the data which supposedly supports the project, and that the applicant’s previous project’s concerns have a direct bearing on this project and are multiplied fourfold for LCRS.
Although I will discuss each of the above mention items, almost all of them overlap into one another.
LCRS is four times the size of the applicant’s previous project Lytle Creek North Residential Development Project (LCNRD)
SPL-2001-00124-AJS and has more than four times the impact on all of Lytle Creek Flood Plain. LCRS is a large and complex project and as such requires an amount of information commensurate with the level of the project’s impacts, which will be destructive and vast.
While looking over documents in order to write this letter, I came across the I Environmental Assessment (EA) for LCNRD. In the EA nine off-site alternatives were considered and rejected as the LEDPA. Alternatives Six and Eight , both were represented as being located within the city of Rialto, (although I don’t believe that all of either one were) and rejected as possible building sites, appeared to me to be the very project sites the applicant seeks a 404 (b)(1). Following are the descriptions of both alternatives taken from the EA.
ALTERNATIVE SIX
“This alternative is located in the City of Rialto, County of San Bernardino. This parcel is an undeveloped area of approximately 1,100 acres and is zoned Single Family Residential/Specific Plan. The applicant currently owns this parcel. The development constraints included construction of additional flood control improvements within Lytle Creek while needing to avoid impacts to a water district groundwater recharging facility. Several biological constraints also exist for this parcel. These include direct and indirect impacts to mature alluvial fan sage scrub occupied by the SBKR within Lytle Creek. In addition, a population of slenderhorned spineflower (Dodecahema leptoceras), a federally endangered species, was located on site by Michael Brandman Associates within Lytle Creek just below the I-15 Freeway overpass. Gnatcatcher habitat covers 85 percent of the area and 88 percent of the property is SBKR critical habitat. Based upon existing on-site floodways, existing groundwater recharging facilities, and biological constraints, this alternative was dropped from consideration.”
ALTERNATIVE EIGHT
“This alternative is located in the City of Rialto, County of San Bernardino. It is an undeveloped area of approximately 654 acres and is zoned single Family Residential/Specific Plan. It is owned by the applicant and supports an alluvial floodway and flood plain. The soils are suitable for development, however, development constraints include additional flood control improvements required within Lytle Creek and avoiding a water district groundwater recharging facility and its wells. Several biological constraints also exist for this parcel. These include impacts to approximately 100 acres of mature alluvial fan sage scrub within Lytle Creek, habitat used by the Federally-endangered San Bernardino kangaroo rate (Dipodomys merriami)(SBKR). In addition development of this parcel will cause both direct and indirect impacts to the SBKR and may impact a community that may potentially support the Federal and State endangered Santa Ana wooly star (Eriastrum densifolium spp. sanctorum). SBKR critical habitat covers 90% of the area while 56% of the area is designated gnatcatcher habitat. Based upon the requirement for flood control improvements to Lytle Creek, existing on site floodways and biological constraints, this alternative was dropped from consideration.
All bold wording was my addition to the paragraphs written by USACE. All the constraints and problems with these two parcels caused them to be rejected as alternatives suitable for building the proposed project LCNRD. Those constrains still exist. If these parcels could not be accepted as the LEDPA then, how could they be acceptable parcels for building now? The impacts to RAFSS, SBKR, slenderhorned spineflower and the wooly star are no less a concern and constraint today than they were yesterday; the impacts and constraints to Lytle Creek, ground water recharging and to the alluvial floodway and flood plain are no less a concern and constraint today than they were yesterday.
LCRS cannot be considered as the LEDPA here since it was once rejected as such for LCNRD. The constraints remain as do questions about how something once rejected by USACE now could become acceptable to USACE under the definition of LEDPA, which is designed to “avoid environmental impacts instead of mitigating them.” Alternatives Six and Eight were determined to not be “practicable and the least environmentally damaging,” and thereby were removed as LEDPAs.
The project applicant has put forth LCRS as the LEDPA because of his desire for a certain percentage return on investment; however, there are other alternatives, which would satisfy the need to be both practicable and the least environmentally damaging. The project applicant has rejected all alternatives citing “findings of economic infeasibility.” An alternative is only practicable if it is capable of being done taking into consideration the overall project purpose, which is its generic purpose or function. Overall purpose does not include a “desired return on an investment.” In the October 7, 2011 ruling on Endangered Habitats League and Save Lytle Creek Wash v. City of Rialto Ruling states: “The findings of economic infeasibility for alternatives HAA1 and 2 are not supported by substantial evidence.” Yet the project applicant’s desire is to only look at the bottom line and not what is an environmentally and prudently sound project . Alternatives that reduce the size of the project would also reduce the impacts to jurisdictional waters, to endangered habitats and species, to water quality and potential downstream havoc that a 7 ½ mile revetment/levee would create, to noise, and air quality, of which San Bernardino County has some of the worst.
SBKR habitat is diminishing rapidly because of encroaching development and failed projects designed to restore and/or preserve crucial habitat, eliminating SBKR from all but about 5% of its historical range. That the proposed project LCRS would destroy the 90% of SBKR’s critical habitat mentioned in Alternative Eight is a given should LCRS be allowed, necessarily invoking Section 7 of the Endangered Species Act (ESA). Thus what little would remain most likely wouldn’t survive into perpetuity. Little remains now of what was once a large distribution of both SBKR and alluvial fan sage scrub.
Further encroachment of either one signals the eventual and complete destruction of the other.
Many questions arise from the studies of SBKR completed in 2007. What methods were used? Were they in compliance with regard to traps, location, mapping, and assessment of supporting habitat? How extensive was the trapping and during what part of the year? Much has changed with regard to significant rain fall, breaching of the Cemex levee, damage to the SBKR island, shutting down of the golf course which is adjacent to habitat and over time could conceivably support SBKR if left untouched and allowed to be reclaimed by the forces of nature. One can’t be cavalier when assessing the death knell that this project would signal for SBKR. Mitigation lands have been offered for SBKR, but do those lands currently have SBKR, can it support SBKR’s requirements for long term survival if no population currently exists?
Would these offered mitigated lands survive a 100 year flood?
In light of other failed relocations of SBKR, what would make this mitigation have any different out come? Mitigation is like getting an artificial limb; it sort of functions, but never as well as the original.
Just to be sure that SBKR’s once plentiful existence won’t go totally unheralded, you might consider capturing the last SBKR, and having it stuffed and displayed at the Smithsonian right next to “Martha,” the last passenger pigeon (Ectophistes migratorus) for posterity. Baring that, a full examination of the area is needed; an EIS covering the entire project should be required before any consideration of permitting occurs.
Although I am not a hydrologist, I do know that building a 7 ½ mile revetment/levee in Lytle Creek to channel the water will create a huge problem downstream when the water bursts out at the far end with such velocity that it will probably take out sections of Muscoy, Vulcan’s mitigated islands and banks, as well as mitigated county lands. Yet the applicant’s hydrology team argues that all will be well once the revetment/levee is in place. How do they know and how did they arrive at that conclusion? Does anyone other than the applicant know how the data was compiled and by what methods? Have they used current and accurate FEMA flood plain maps or ones they themselves created? How can the accuracy of the assertions be judged if no one is allowed to view the data? How is the ground table water to be recharged? That was a concern when LCRND looked at LCRS lands as an alternative and remains one now. In 2005, the amount of water coming out of Lytle, without benefit of channelizing, surged over a roadway, sweeping a car driven by a pregnant woman to her death. Water seeks a familiar path. Lytle Creek has been surging down the mountain on to the flood plain far earlier than recorded time and it still does.
This is a 100 year flood plain and FEMA has designated Lytle Creek as such because of previously devastating flood events going all the way back to the 1860’s. All high flow (flooding) events cannot be ignored or dismissed or changed to suit the applicant. Now that Global Warming is changing our weather patterns, in all likelihood a mega storm or arkstorm is in California’s future as discussed in the January 13, 2013 article in Scientific American by Mike Dettinger (USGS) and Lynn Ingram (UC Berkley).
Channelizing Lytle Creek and allowing a massive project to be built, removes any and all refugia for SBKR should a major flood event occur. Where are the critters supposed to go? SBKR has survived and flourished during all previous flooding events because it could escape the high waters by reaching higher ground. Remove access to higher ground and you sign SBKR’s death notice.
My husband and I bought a house in this area during October of 2003 just before the Old Fire and the Grand Prix Fire swept across the Inland Empire, burning everything in its path. We didn’t know if we would have a house to move into when the fires were put out and residents were allowed back to their homes. We had decided to leave the tight knit suburban Orange County for wider, more open spaces, which seemed ideal at the time. We knew nothing of the winds, flooding dangers, large earthquake faults or the propensity for fires in the IE. But we have learned about that and the wonderfully rich and diverse wildlife and love the area.
I understand that a project by the applicant was floated in the 1990’s. Those who lived here then told me that SBKR stopped the project and would likely do so into the future. However, now it appears that the SBKR isn’t as powerful a deterrent as it once was when its habitat would have been that much larger than it is today. Keep what remains of the habitat as it is. Don’t allow this project in its present form to wipe from the face of this earth all the last vestiges of those very special species who call Lytle Creek Wash home. We owe it to future generations to keep what can’t be replaced.
Thank you for your consideration of my remarks.
Sincerely,
Lynn M. Boshart
Save Lytle Creek Wash
5529 Larch Ave.
Rialto, CA 92377
909-877-6005