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Marylee Guinon, Principal of Sycamore Associates LLC, presented a one-day seminar titled “Wetlands and Endangered Species Regulation in California” on July 20, 2005 in San Francisco, CA. The seminar addressed state and federal wetland and endangered species regulations, and their application to California practices. Specific topics included federal jurisdiction over wetlands, streams and other waters; Endangered Species Act and Clean Water Act; Northern California wetland and wildlife resources; latest rules and decisions on wetlands and endangered species; and strategies for avoiding or resolving wetlands and endangered species problems.
This seminar was designed for attorneys, engineers, project managers, principals, environmental professionals, presidents, vice presidents, contractors, developers, real estate agents, planners, architects, property managers, city and county officials, surveyors, and land use officials. This seminar
offered continuing
education credits (AIA / HSW 6.00, CA MCLE 6.00 / Ethics 0.50, PMI 6.00, and IACET 0.60).
David Ivester of
Briscoe Ivester & Bazel LLP also presented at the seminar. Mr. Ivester has represented landowners, developers, energy companies and various other businesses on a wide variety of environmental, land use, land title and water quality issues.
In August of 2005, The U.S. Fish and Wildlife Service (USFWS) listed Central California's population of the California tiger salamander as Threatened under the Endangered Species Act (ESA) as a result of several lawsuits filed in 2002 by the Center for Biological Diversity.
Concurrently, the status of California tiger salamander populations in Santa Barbara and Sonoma County was down listed from Endangered to Threatened.
California tiger salamanders inhabit grasslands and oak savanna habitats in valleys and low hills, living primarily underground in upland areas. They migrate up to a mile to breed in aquatic sites - some only once in their lifetime - beginning with the rainy season. They have been recorded in the nine Bay Area counties, but can range north to Sonoma County and south to Santa Barbara County. Professionals working within these counties are familiar with the constraints California tiger salamanders pose to their projects.
USFWS also adopted a special rule under section 4(d) of the ESA, exempting existing routine ranching activities on private, State, or tribal lands - allowing landowners and ranchers to continue significant livestock operations activities, many of which benefit salamander habitat.
Several existing USFWS Biological Opinions await modification to include “take” of the California tiger salamander, a process that is streamlined if the applicants include the salamander in a Conferencing Opinion with USFWS. This requires projects to treat the pending California tiger salamander as if it were already listed. On many projects, construction has been halted until the Biological Opinion is modified to include “take” of the salamander.
California tiger salamander survey protocol typically requires two complete years of surveys to prove “negative findings” and obviate salamander mitigation. If projects are believed to support potential California tiger salamander breeding or upland habitats, applicants should weigh the costs and benefits of surveying for two years against accepting potential “presence” of the salamander and associated mitigation to meet critical path schedules.
In addition to state and federal permits, the California tiger salamander listing triggers additional review under the California Environmental Quality Act (CEQA). Because the California tiger salamander was recently listed, mitigation opportunities are limited, in turn affecting project scheduling, planning, and cost projections. Hopefully, mitigation banks will respond to this demand for their habitat. Alternatively, salamander breeding habitat can be created on larger parcels of salamander-friendly land. Aquatic habitat mitigation also counts towards wetland mitigation requirements.
For more information about the California tiger salamander, and how it might affect your projects, contact Sycamore Associates LLC at (925) 279-0580.
This article was printed in the ENGEO View Volume 6, Issue 2. Visit ENGEO Incorporated to obtain a complete copy of the newsletter and to learn more about their services.
Sycamore Associates LLC understands that the Sacramento District of the U.S. Army Corps of Engineers (USACE) will likely not be able to meet operating expenses through the end of the fiscal year due to a funding shortfall. The Sacramento District is doing all it can to reduce the impact the shortfall will have on customer service. However, customers can expect delays in permits being issued, jurisdictional determinations being completed, and telephone calls/e-mails being returned. Funding challenges have already had several impacts, including reduced employee travel, postponed equipment purchases, reassigned employees, and decreased student hours.
In recognition of resource values gained when larger tracts of land are preserved and managed, environmental trusts and mitigation banks provide an opportunity for development and meaningful mitigation. The U.S. Army Corps of Engineers (USACE) issued Regulatory Guidance Letter No. 02-2 Guidance on Compensatory Mitigation Projects for Aquatic Resource Impacts Under the Corps Regulatory Program Pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 (RG 02-2, December 24, 2002) wherein USACE discussed its position on compensatory mitigation alternatives including the use of mitigation banks. The Regulatory Guidance Letter indicates that the use of an approved mitigation bank may be appropriate to compensate for loss of wetland areas and should be considered on a case-by-case basis. The use of a mitigation bank relies upon what is called a "functional assessment" of the wetland area to be removed and the relative value of it compared to the banked wetlands. The use of mitigation banks is often preferred by USACE over preservation or enhancement of fragmented habitats.
Matthew Bettelheim, wildlife biologist and science writer for Sycamore Associates LLC, recently co-hosted a workshop for the Wildlife Society entitled “Western Pond Turtle Workshop: Ecology and Conservation.” Mr. Bettelheim's lecture was titled “To ‘Turtle': The Extent of the Historical Terrapin Harvest in California.” In addition, Mr. Bettelheim was recently published in the journal Bibliotheca Herpetologica for an article entitled: “A Selective Translation of Alexander Strauch's ‘Chelonological Studies,' ‘Global Distribution,' and ‘Comments' Specific to the Western Pond Turtle (Clemmys marmorata), Including a Bibliography of his Known Herpetological Work” with co-authors Dana E. Terry and Julia Dunaeva. Other articles that Mr. Bettelheim has recently published in natural history booklets include: “ The California Legless Lizard (Anniella pulchra) and the Baja California Legless Lizard (Anniella geronimensis)... A Natural History of the Species, Including a Translation of J.G. Fischer's 1885 Description of Anniella nigra from the Original German (by Dana E. Terry)" and "The Western Pond Turtle, Clemmys marmorata... A Natural History of the Species."
On Wednesday, June 30, 2004, Marylee Guinon, Principal of Sycamore Associates LLC, gave a presentation to The Bar Association of San Francisco's Environmental Law Section on “Intended Consequences of Regulatory Permitting: An Environmental Consultant's Perspective.” Barry Epstein of Fitzgerald, Abbott & Beardsley LLP moderated the presentation. The Section offers monthly brown-bag presentations on a variety of issues. Visit the Section's web site for more information.
Matthew Bettelheim, wildlife biologist and science writer for Sycamore Associates LLC, has written an article entitled "The Great Danes," which has been published in the Spring 2004 Earth Island Journal. The article discusses the success of Denmark's bottle recycling system and how the United States could benefit from implementing some of the Danish recycling strategies.
Sycamore Associates LLC has assisted with the composition of maps of botanical "hotspots" for the "Rare, Unusual and Significant Plants of Alameda and Contra Costa Counties" publication written by Dianne Lake for the California Native Plant Society's East Bay Chapter. By clarifying and identifying the botanical resources of the Alameda and Contra Costa areas, this publication will provide valuable information for land managers, planners, teachers, students, consultants, conservationists, professional and amateur botanists, and the general public. Christopher Thayer, Sycamore's botanist and wetlands specialist, was particularly acknowledged for having done extensive field research and provided much of the data included in the 2004 edition.
As University of California, Berkeley Extension instructors, Marylee Guinon, Principal of Sycamore Associates LLC, and Whitney Knueppel, Sycamore's permitting unit manager and water resources specialist, will give a two day course (October 8th and 15th) titled "Legal and Regulatory Foundations for Managing Aquatic Ecosystems," which is a required course in the Extension's Certificate Program in California Water Management and Ecosystem Restoration. This course trains regulatory agency staff, elected officials and their staffs, scientists and project consultants, developers, and resource managers in the legal foundation for day-to-day environmental protection activities. The focus is on the Endangered Species Act, National Environmental Policy Act, Clean Water Act (focusing on Section 404, for wetlands), and state law equivalents. The Bond Acts, Fish and Wildlife Coordination, Migrating Bird Act, Fish and Game Code 1601 (Streambeds), and the Wild and Scenic Rivers Act are also included. See the Extension's web site to find out more about enrolling in the course, or about similar courses offered in the program.
With over 18 years of experience in the industry, Sycamore has established itself as an active corporate citizen by sponsoring and participating in educational programs for schools, non-profit groups, and community-based organizations. In addition to being an Extension instructor for the past several years, Ms. Guinon has also been a guest lecturer for numerous undergraduate and graduate courses at UC Berkeley, giving lecturers on topics including the California Environmental Quality Act, regulatory permitting, conservation biology, hydrology, restoration planning and implementation, and career planning. Several Sycamore staff were introduced to Sycamore via these lectures. Ms. Guinon has also organized the annual Science Fair at the local elementary school, the Meher School, for the past five years.
For the last several years, a student from Los Lomas High School in Walnut Creek has revisited a small town in Paraguay consisting of about 20 impoverished families. After observing the poor educational conditions of the town's only school, this high school student initiated a fundraiser to help collect school supplies. Sycamore Associates LLC donated school supplies and personal items for 40 Paraguayan students, as well as several backpacks. Overall, the fundraiser was a huge success. The high school student will be traveling back to the Paraguayan town this summer to deliver the collected school supplies.
On October 24, 2004, Save Mount Diablo held a dedication ceremony for the 252-acre Jones Property, the last property in the 3,300-acre Riggs Canyon, east of Blackhawk. Sycamore Associates LLC, along with landowners Mark & Shannon Jones, East Bay Regional Park District, Braddock & Logan, and Save Mount Diablo, aided by County Supervisor Millie Greenberg, established a conservation easement to permanently protect the area's natural resources and to provide public access. The property is a wildlife corridor uniting three headwater branches of Tassajara Creek.
Sycamore Associates LLC contributed to the International Medical Health Organization (IMHO), which is one of the most transparent and cost-effective of the local and international non-governmental organizations functioning in Sri Lanka. IMHO is working to provide relief to the hundreds of thousands of displaced survivors. For more information about making a donation, please visit their website.
Sycamore Associates LLC contributed to the California Oak Foundation, a non-profit educational organization committed to preserving the state's oak forest ecosystem and its rural landscapes. The Foundation has made important strides in preventing Sudden Oak Death, a disease that continues to spread throughout large acres and has already caused the death of thousands of trees. Just recently, the Foundation helped initiate and pass the Oak Woodlands Conservation Act. According to the Act, under the management of the California Wildlife Conservation Board, oak woodland easements are being purchased in order to achieve sustainable wildlife habitat and healthy watersheds. For more information about contributing to the Foundation, see their web site.
The Mount Diablo Audubon Society is a non-profit organization committed to the sustainable balance of people, birds, other wildlife, and habitat through conservation, education, and advocacy. The Society is currently in their final year of a five-year survey to complete the Contra Costa County Breeding Bird Atlas. Sycamore Associates LLC contributed to the development of the Atlas, as we believe it will provide valuable data on the breeding status of birds in Contra Costa County. For more information about the atlas or how to make a donation to the Mount Diablo Audubon Society, please see their web site.
A dedication was held on October 9, 2004 by the Muir Heritage Land Trust to celebrate the preservation of the historic Dutra Ranch, a 158-acre property located in the Franklin Ridge near Martinez. The ranch hosts several hundred native wildflowers and perennial grasses, as well as numerous protected wildlife species, including the golden eagle, peregrine falcon, Cooper's hawk, western burrowing owl, horned lark, California tiger salamander, and Alameda whipsnake. The property will be accessible through the Bay Area Ridge Trail for hikers, bikers, and equestrians to have the opportunity to enjoy the property on their own or through a guided hike by the Trust.
Sycamore Associates LLC provided biological and wetlands consulting services to the Muir Heritage Land Trust for this property. Acquisition of this 158-acre property gives the Trust a total of 660 contiguous acres of protected land in this ridgeline. The Trust has been working to acquire lands and conservation easements within the 10,000-acre Franklin Ridge Wildlife and Trail Corridor since 1988. The Trust's mission is to preserve the undeveloped lands that provide a buffer between the ever-expanding cities and suburbs of Contra Costa County, California. More information is available on their web site.
Sycamore Associates LLC was a "Tiger" sponsor for this year's 3rd Annual Breakfast of Champions Educational Benefit held on September 30, 2004 at the Oakland Zoo. The recipient of the Benefit was the College Preparatory and Architecture Academy of Fremont Federation of High Schools. The Fremont Federation of High Schools, in the Fruitvale neighborhood of Oakland, California, is a group of five new small autonomous interconnected high schools, and a sixth small learning community, that were born out of the conversion of Oakland's Fremont High School in the fall of 2003. These five schools share facilities, as well as a common goal to provide a supportive and challenging educational environment that encourages and enables students to achieve their academic and career objectives. College Preparatory and Architecture Academy offers a strong college preparatory curriculum and a series of electives that develop the theme of architecture from hands-on construction to computer-assisted graphic and architectural design.
For the Moonlight on the Mountain event, on August 28, 2004 in Mount Diablo State Park at the China Wall, Sycamore Associates LLC attended and donated to the silent auction art pieces by local artist Norman Remer, including two watercolors of the special-status western burrowing owl and
coastal California gnatcatcher. For last year's 32nd anniversary celebration, Sycamore was also a Silver Sponsor and donated two watercolors of the special-status Alameda whip snake and
California red-legged frog to the silent auction. Save Mount
Diablo’s mission is to preserve Mount Diablo's peaks
and surrounding foothills, through land acquisition and preservation
strategies to: protect the mountain's natural beauty, integrity,
and biological diversity; enhance our area's quality of life;
and provide recreational opportunities consistent with protection
of natural resources. Learn more about this organization
by going here.
Sycamore Associates LLC has adopted wild animals from the Lindsay Wildlife Museum. They unfortunately have to stay at the Museum, but our annual support provides food, medicine, expert care, and enrichment activities. Our newly adopted wild animals include the California tiger salamander, Swainson's hawk, and great horned owl. Located in Walnut Creek, CA, the Lindsay Wildlife Museum is a wildlife rehabilitation and educational center that focuses on native California wildlife and natural history. The museum exhibits live, non-releasable native wildlife. Founded in 1955, the museum operates the oldest and one of the largest wildlife rehabilitation hospitals in the United States, treating more than 6,000 injured and orphaned wild animals each year. If you are interested in adopting an animal, the Museum can be e-mailed at mrorty[at]wildlife-museum.org.
Norman Remer is a talented illustrator based in Walnut Creek, California. He was educated at San Jose State University, where he received a B.Sc. degree in Graphic Design / Illustration. Although highly versed in several different styles and techniques, his main interest is in portraying natural forms, usually in a soft or ethereal style. Mr. Remer has created numerous watercolor paintings of wildlife and native landscape subjects for Sycamore Associates LLC.
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