1. Review of Sunset Ridge Entry Road and Related ESHA Issues
Robert A. Hamilton
Hamilton Biological, Inc.
Banning Ranch Conservancy

2. Sunset Ridge Project Location
Project Site Includes the SE Part of Newport Banning Ranch.

3. Sensitive Resources
Sunset Ridge/Banning Ranch represents a complete and intact ecosystem of coastal wetland and upland communities without parallel in Orange County. The ecosystem supports a diversity of sensitive species comparable to Upper Newport Bay or the Bolsa Chica Mesa, including four listed species:

4. Sensitive Resources
Sunset Ridge/Banning Ranch represents a complete and intact ecosystem of coastal wetland and upland communities without parallel in Orange County. The ecosystem supports a diversity of sensitive species comparable to Upper Newport Bay or the Bolsa Chica Mesa, including four listed species:
San Diego Fairy Shrimp - federal endangered
Least Bell’s Vireo - state & federal endangered
Coastal California Gnatcatcher - federal threatened
Belding’s Savannah Sparrow - state endangered

5. Sensitive Resources
Sunset Ridge/Banning Ranch represents a complete and intact ecosystem of coastal wetland and upland communities without parallel in Orange County. The ecosystem supports a diversity of sensitive species comparable to Upper Newport Bay or the Bolsa Chica Mesa, including four listed species:
San Diego Fairy Shrimp - federal endangered
Least Bell’s Vireo - state & federal endangered
Coastal California Gnatcatcher - federal threatened
Belding’s Savannah Sparrow - state endangered
And many other “Special Status” species…

6. Sensitive Resources Osprey White-tailed Kite Northern Harrier
Burrowing Owl
Loggerhead Shrike
California Horned Lark
Coastal Cactus Wren
Western Yellow Warbler
Yellow-breasted Chat
Large-billed Savannah Sparrow
Oregon Vesper Sparrow

7. California Gnatcatcher Critical Habitat
All of Sunset Ridge and Newport Banning Ranch are designated as Critical Habitat for the gnatcatcher.
Male California Gnatcatcher
at Sunset Ridge on June 3, 2010

8. Proposed Sunset Ridge Road is Part of Proposed Bluff Road

9. Proposed Sunset Ridge Road is Part of Proposed Bluff Road

10. California Gnatcatchers
Long history of California Gnatcatcher presence/absence surveys at Newport Banning Ranch, but no valid effort to map home ranges/territory boundaries.

11. California Gnatcatchers
Long history of California Gnatcatcher presence/absence surveys at Newport Banning Ranch, but no valid effort to map home ranges/territory boundaries.
The project consultants depict gnatcatcher habitat usage with one point per year.

12. California Gnatcatchers
Long history of California Gnatcatcher presence/absence surveys at Newport Banning Ranch, but no valid effort to map home ranges/territory boundaries.
The project consultants depict gnatcatcher habitat usage with one point per year.
GLA’s composite map showing point locations for gnatcatcher pairs, :

13. Composite Map: Gnatcatcher “Use Areas”
Based Upon Point Locations,

14. Southeast Corner of Ranch
Twelve seasons of data “condensed” into one point per season. The consultant hand-places each “condensation point,” draws a line around them, and calls these polygons “use areas.”

15. Valid Method for Mapping Use Areas
From April to August 2011, I mapped habitat usage for Least Bell’s Vireos at the Whittier Narrows Natural Area.

16. Valid Method for Mapping Use Areas
From April to August 2011, I mapped habitat usage for Least Bell’s Vireos at the Whittier Narrows Natural Area.
13 visits, during which up to ten points were taken at three-minute intervals, or when the birds moved at least 75 feet.

17. Valid Method for Mapping Use Areas
From April to August 2011, I mapped habitat usage for Least Bell’s Vireos at the Whittier Narrows Natural Area.
13 visits, during which up to ten points were taken at three-minute intervals, or when the birds moved at least 75 feet.
Here is a map showing habitat usage for five pairs of vireos during the 2011 breeding season:

18. Five Least Bell’s Vireo Use Areas:
13 Visits in 2011

19. California Gnatcatcher
Habitat Use
The consultants claim that gnatcatchers make no important use of patches of suitable scrub habitat within the proposed road alignment, but produce no supporting data.

20. California Gnatcatcher
Habitat Use
The consultants claim that gnatcatchers make no important use of patches of suitable scrub habitat within the proposed road alignment, but produce no supporting data.
In 2002, GLA mapped a pair of gnatcatchers in one of the “unimportant” patches:

21. Original 2002 Map

22. Note the mapped location of the pair, in a side-canyon on the polygon’s eastern edge (not a generic location):

23. In 2010, the mapped location of the pair was moved from the small side-canyon to the opposite side of the mainstem canyon.

24. In a letter to the USFWS dated , Tony Bomkamp of GLA discussed his alteration of the 2002 mapping data:

25. In a letter to the USFWS dated , Tony Bomkamp of GLA discussed his alteration of the 2002 mapping data:
“During preparation of our submittal information to U.S. Fish and Wildlife Service for the Newport Banning Ranch Assessment, dated February 10, 2010, I noted that one of the [California Gnatcatcher] locations depicted in the year day report was incorrectly mapped. GLA corrected the error in our database such that the map in [our] February 10, 2010 submittal shows the corrected location; however, I did not notice you of the change at that time.” .

26. Mr. Bomkamp also states that his map was inaccurate due to lack of access to “sub-meter GPS combined with highly accurate GIS technology.”

27. Mr. Bomkamp also states that his map was inaccurate due to lack of access to “sub-meter GPS combined with highly accurate GIS technology.”
Yet he mapped the location of the side- canyon itself with great accuracy, and also the native scrub that occurs within the side-canyon.

28. Mr. Bomkamp also states that his map was inaccurate due to lack of access to “sub-meter GPS combined with highly accurate GIS technology.”
Yet he mapped the location of the side- canyon itself with great accuracy, and also the native scrub that occurs within the side-canyon.
Take another look:

29. The points were placed 200 feet away, and out of the side- canyon, due to lack of sub- meter GPS?

30. Mr. Bomkamp altered 2002 mapping data in February 2010, without informing either the USFWS or Coastal Commission until June 2011.

31. Mr. Bomkamp altered 2002 mapping data in February 2010, without informing either the USFWS or Coastal Commission until June 2011.
In February 2010, Mr. Bomkamp produced the following map, showing his conception of gnatcatcher use areas in the southeastern part of Newport Banning Ranch:

32. 2010 Map: Gnatcatcher Use Areas
The map shows a neat pathway for the entry road to be built between Areas 1 and 2.

33. 2010 Map: Gnatcatcher Use Areas
This illusion was created by moving the dot from The canyon where GLA mapped the pair would have to be graded in order to build the entry road.

34. from GLA’s 2010 Composite Map
“Use Areas” 1 and 2
from GLA’s 2010 Composite Map

35. GLA did not include PCR’s report in its composite map.
PCR (2000) Gnatcatcher Map
GLA did not include PCR’s report in its composite map.

36. with Mapping from PCR (2000)
“Use Areas” 1 and 2
with Mapping from PCR (2000)

37. Territory boundary mapped by GLA in 2002.
GLA (2002) Gnatcatcher Map
Territory boundary mapped by GLA in 2002.

38. with Mapping from GLA (2002)
“Use Areas” 1 and 2
with Mapping from GLA (2002)

39. What do “Use Areas” 1 and 2 Represent?
A misuse of presence/absence data. Only territory mapping surveys can produce “use area” polygons.

40. USFWS LETTER OF SUPPORT
A recent USFWS letter asserts that the Sunset Ridge project “avoids the primary breeding season use areas where gnatcatchers have been observed since 1992.”

41. USFWS LETTER OF SUPPORT
A recent USFWS letter asserts that the Sunset Ridge project “avoids the primary breeding season use areas where gnatcatchers have been observed since 1992.”
Since territory mapping surveys apparently have not been conducted, the basis for this conclusion is unknown.

42. USFWS LETTER OF SUPPORT
A recent USFWS letter asserts that the Sunset Ridge project “avoids the primary breeding season use areas where gnatcatchers have been observed since 1992.”
Since territory mapping surveys apparently have not been conducted, the basis for this conclusion is unknown.
Coastal Commission staff has repeatedly requested the field data supporting this claim, but the data either do not exist or have been withheld.

43. USFWS LETTER OF SUPPORT
Bottom Line: Destroying sensitive habitats and restoring them elsewhere is allowable under the federal Endangered Species Act, but not under the Coastal Act. The USFWS and the Coastal Commission are operating under different sets of rules.

44. If You Approve The Park Road
IMMEDIATE GROWTH-INDUCING EFFECTS:
Newport Banning Ranch DEIR identifies permanent impacts to:

45. If You Approve The Park Road
IMMEDIATE GROWTH-INDUCING EFFECTS:
Newport Banning Ranch DEIR identifies permanent impacts to:
97.3 acres of grasslands/vernal pools,

46. If You Approve The Park Road
IMMEDIATE GROWTH-INDUCING EFFECTS:
Newport Banning Ranch DEIR identifies permanent impacts to:
97.3 acres of grasslands/vernal pools,
20.5 acres of coastal sage scrub,

47. If You Approve The Park Road
IMMEDIATE GROWTH-INDUCING EFFECTS:
Newport Banning Ranch DEIR identifies permanent impacts to:
97.3 acres of grasslands/vernal pools,
20.5 acres of coastal sage scrub,
7.0 acres of riparian/marsh vegetation, etc.

48. If You Approve The Park Road
IMMEDIATE GROWTH-INDUCING EFFECTS:
Newport Banning Ranch DEIR identifies permanent impacts to:
97.3 acres of grasslands/vernal pools,
20.5 acres of coastal sage scrub,
7.0 acres of riparian/marsh vegetation, etc.
The DEIR’s mitigation strategy relies upon restoration, NOT AVOIDANCE OF ESHA. The Coastal Commission is required to protect ESHA in place.

49. WHAT COMES NEXT
If the Commission grants the City of Newport Beach a few “special waivers” for impacts to ESHA and ESHA buffers now, you will be expected to permit far more extensive destruction of ESHA and ESHA buffers at Newport Banning Ranch.

50. WHAT COMES NEXT
If the Commission grants the City of Newport Beach a few “special waivers” for impacts to ESHA and ESHA buffers now, you will be expected to permit far more extensive destruction of ESHA and ESHA buffers at Newport Banning Ranch.
NEWPORT BANNING RANCH IS THE “TRAIN WRECK” THAT PETER DOUGLAS WARNED THE COMMISSION ABOUT EARLIER THIS YEAR.

51. WHAT COMES NEXT
If the Commission grants the City of Newport Beach a few “special waivers” for impacts to ESHA and ESHA buffers now, you will be expected to permit far more extensive destruction of ESHA and ESHA buffers at Newport Banning Ranch.
NEWPORT BANNING RANCH IS THE “TRAIN WRECK” THAT PETER DOUGLAS WARNED THE COMMISSION ABOUT EARLIER THIS YEAR.
PLEASE FOLLOW STAFF’S RECOMMENDATION TO DENY SUNSET RIDGE AS IT HAS BEEN PROPOSED.

52. Thank You