Biological Resources

GOAL 2. Maintain an abundance and variety of vegetation, aquatic and wildlife types in Mono County for recreational use, natural diversity, scenic value, and economic benefits.

Objective 2.A.

Maintain and restore botanical, aquatic and wildlife habitats in Mono County.

Policy 2.A.1. Future development projects shall avoid potential significant impacts to animal or plant habitats or mitigate impacts to a level of non-significance, unless a statement of overriding considerations is made through the EIR process.

Action 2.A.1.a. Future development projects with the potential to significantly impact animal or plant habitats shall assess site-specific resource values and potential impacts prior to project approval. Examples of potential significant impacts include:

1. substantially affecting a candidate, sensitive, rare or endangered species of animal or plant or the habitat of the species; and/or
2. interfering substantially with the movement of any resident or migratory fish or wildlife species; and/or
3. substantially diminishing habitat for fish, wildlife, or plants, including wetlands and riparian areas.

The analysis shall:

1. be funded by the applicant;
2. be prepared by a qualified person under the direction of Mono County and in consultation with the California Department of Fish and Wildlife (CDFW);
3. assess existing conditions in the general project vicinity, including the identification of any listed or candidate threatened or endangered species or habitats of special concern, and annual and daily wildlife movement patterns and corridors;
4. describe the impacts of the proposed development upon animal and plant habitat extent, quality and connectivity within the project site and on surrounding areas; and
5. recommend project alternatives or measures and monitoring to avoid or mitigate impacts to animal and plant habitat.

Mitigation measures and associated monitoring programs shall be included in the project plans and specifications, and shall be made a condition of approval for the project. The project sponsor shall fund the monitoring and shall be responsible for remedying deficiencies.

Action 2.A.1.b. Project design should first seek to avoid impacts. Unavoidable impacts should next be minimized, and finally mitigated. Examples of potential appropriate mitigation measures for projects identified by Action 1.1 as having significant impacts to animal and plant habitats include:

1. requiring cluster development and/or large acre minimum parcel sizes (e.g., in key deer habitat, at least 20 acres for winter range and migration corridors, and at least 40 acres for critical winter range and critical corridors);
2. encouraging future development to locate in less-sensitive areas or on sites adjacent to previously developed areas;
3. encouraging fence designs that allow for the movement of wildlife and protect against mortality (e.g., sage grouse);
4. where necessary, requiring leash laws as a condition of project approval, in order to control domestic animals in developments in key wildlife habitat. Encourage monitoring and reporting of dog/wildlife problems in developments in deer and sage grouse habitat;
5. requiring project designs to: a) protect important habitat features that are difficult or impossible to replace such as springs and seeps, large trees, old growth, relatively undisturbed caves, wetlands, water courses or water bodies; b) protect or replace valuable habitat features such as snags, downed logs, man-made water sources, salt licks, spawning grounds, leks, thermal cover, and other features where feasible; and/or c) minimize or eliminate the loss of wildlife trails and collision threats associated with roadway crossings;
6. requiring project designs to protect important cultural features that also function as wildlife habitat, such as, but not limited to, abandoned mine workings that function as habitat for bat species and small mammals, and as shelter for a variety of avian species;
7. maintaining and enhancing cover to provide visual barriers to help maintain habitat use. For example, terrain features, vegetation, and shielded lighting can be utilized to reduce or avoid visual disturbance impacts in major deer use areas;
8. when wetland and riparian disturbance cannot be avoided, seek restoration of adjacent habitat or compensation through an acceptable mitigation fee or other program pursuant to CEQA requirements to meet Section 404 of the Clean Water Act;
9. designing projects to limit the conveyance of pollutants and sediments from runoff into wetlands and riparian areas (see Appendix B, Low Impact Development guidelines);
10. requiring project design to minimize the redirection of wildlife movement, and in no case shall linear barriers such as fences or other design features direct wildlife onto highly traveled roadways;
11. requiring project with the potential to impact nesting bird populations to consult with appropriate state and federal agencies, and potentially prepare a nesting bird plan approved by CDFW as a condition of approval; and
12. requiring development projects affecting and adjacent to wetland or riparian areas to undertake habitat restoration, including the removal of non-native species, when feasible, to ensure ecosystem function.

Action 2.A.1.c. Consult with and honor the permitting and regulatory authority of state and federal agencies, including the US Army Corps of Engineers, the USFWS, CDFW, and the State Water Resources Control Board, with regard to wetlands and waterways.

Action 2.A.1.d. Native vegetation is strongly encouraged for landscaping, erosion control, or other purposes. Use of non-native vegetation shall require an assessment and mitigation of the effects of the introduced species, and in no case shall invasive non-native species be approved.

Action 2.A.1.e. Landscaping and revegetation plans shall include measures to control invasive, non-native plants including weeds and annual grasses.

Action 2.A.1.f. For non-native plant removal, mechanical controls should be considered over chemical controls, where possible.

Action 2.A.1.g. Projects outside community areas within identified deer and sage grouse habitat areas, (see the Biological Resources Section of the Master Environmental Assessment), which may have a significant effect on deer or sage grouse resources shall submit a site-specific study performed by a recognized and experienced biologist in accordance with Action 1.1.

Action 2.A.1.h. Projects with features that have the potential to be attractive nuisances to wildlife shall include an assessment of the potential impacts from those features in the project analysis and proposed mitigation measures.

Action 2.A.1.i. Mining development projects shall be required to submit a Reclamation Plan with the project application. Other types of projects (e.g., geothermal development) may be required to submit a Reclamation Plan with the project application. The Reclamation Plan must comply with the standards in Mono County Code (section 7.10).

Action 2.A.1.j. In accordance with CEQA, monitor adopted mitigation measures and refine future efforts as appropriate.

Action 2.A.1.k. The County may initiate cumulative impact assessments for selected wildlife resources if it appears that the combined effects of multiple projects may be significant. Such assessments shall be funded from appropriate development fees or other available sources.

Action 2.A.1.l. Limit road development in valuable habitat areas to the minimum required to achieve necessary access.

Action 2.A.1.m. Geothermal projects within the Hot Creek deer migration zone (see Figure 1) shall not be permitted unless a finding is made that potential impacts to deer have been avoided or mitigated to a level of non-significance.

Action 2.A.1.n. Geothermal projects within the Hot Creek deer migration zone may be prevented upon a finding that they will interfere with adopted regulations or herd plan goals of the CDFW.

Action 2.A.1.o. Where other mitigation measures cannot reduce impacts to a level of non-significance, a mitigation fee levied on proposed development may be used to enhance habitat elsewhere. In some crucial, non-replaceable habitats, this may not be a viable option.

Action 2.A.1.p. In coordination with the CDFW and other appropriate agencies, provide information and educational programs to landowners and developers on how to improve wildlife habitat on their property.

Action 2.A.1.q. Work with the CDFW, Caltrans, and other appropriate agencies to develop, fund and implement a program to minimize wildlife collisions (also see the Regional Transportation Plan).

Action 2.A.1.r. Work with the USFWS to ensure compliance with the Migratory Bird Treaty Act[1].

Policy 2.A.2. Protect and restore threatened and endangered plant and animal species and their habitats.

Action 2.A.2.a. If a project is likely to have significant impacts on any state or federally listed threatened or endangered species, the County will consult fully with appropriate agencies and organizations, such as the CDFW, the USFWS, and the CNPS, concerning project alternatives and mitigation measures.

Action 2.A.2.b. Support the acquisition of areas with threatened or endangered species by federal or state land management agencies or land conservation organizations.

Action 2.A.2.c. Work with appropriate agencies and organizations to investigate the feasibility of establishing preservation areas to protect and restore threatened and endangered species.

Action 2.A.2.d. Work with the USFWS and other appropriate agencies to protect and restore listed species and their habitats while also minimizing impacts to county residents and visitors.

Policy 2.A.3. Protect and restore sensitive plants, wildlife and their habitat, and those species of exceptional scientific, ecological, or scenic value.

Action 2.A.3.a. Enforce maximum site disturbance standards in appropriate land use designations in the Mono County General Plan.

Action 2.A.3.b. Require landscape plans to incorporate the use of native vegetation when feasible. The transplanting of existing vegetation and use of locally collected seed may be required in the landscape plan.

Action 2.A.3.c. When applicable, revegetation and landscape plans should include provisions to retain and re-establish upland vegetation, especially bitterbrush and sagebrush, as important mule deer and sage grouse habitat.

Action 2.A.3.d. In order to protect their special value to plant diversity and wildlife habitat, limit development in edge zones, riparian areas, and wetlands.

Action 2.A.3.e. Projects within key sage grouse habitat shall not be permitted unless a finding is made that potential impacts have been avoided or mitigated to a level of non-significance or a statement of overriding considerations is approved. Potential mitigation measures may include:

• Minimizing site disturbance and limiting it to the poorest quality habitat on the parcel (e.g., near trees, away from leks and water, etc.);
• Siting structures taller than 6 feet or above the sagebrush average height outside the line of sight of a lek;
• Minimizing the installation of fencing and all fencing shall be of a wildlife friendly design, which may include the following specifications: not taller than 42”, three strands, bottom strand a minimum of 16” from the ground, top wire marked for visibility, lay down and let-down fencing, and avoidance of posts serving as avian predator perches. Other designs may be warranted depending on the wildlife concerns of the areas, and the BLM, USFWS and/or CDFW should be consulted;
• Installing perch deterrents on structures taller than 6 feet or above the sagebrush average height;
• Controlling domestic animals on the property;
• Designating seasonal use restrictions;
• Restoring native vegetation or otherwise improving vegetative habitat, including removal of invasive trees and annual grasses, and reducing fire risk on nearby public lands;
• Contributing financially to an established program undertaking habitat restoration within Mono County; and
• Including other measures developed in consultation with key Bi-State sage grouse partners (e.g., USFWS, CDFW, BLM, USFS), including considerations to mitigate impacts to reduced connectivity and fragmentation.

Action 2.A.3.f. Review ministerial permits in sage grouse habitat for impacts and make every effort to work with the applicant to include mitigation measures, including those in Action 2.A.3.e.

Action 2.A.3.g. Participating in collaborative conservation efforts to minimize adverse impacts to sensitive species.

Action 2.A.3.h. Maintenance agreements and procedures for roads and other infrastructure shall consider impacts to special-status species including consultation with appropriate state and federal agencies.

Policy 2.A.4. Participate in the Bi-State Local Area Working Group on sage grouse conservation and assist with the implementation of the Bi-State Action Plan.

Action 2.A.4.a. Assist with coordination, communication and administration of the working group and associated conservation efforts, including reporting, education events, and outreach.

Action 2.A.4.b. Partner on sage grouse conservation projects and monitoring, including habitat management and improvement, signage, drainage improvements, fence removal and modification, and annual lek counts.

Action 2.A.4.c. Work with partners to implement the Bi-State Action Plan over the next 10 years, including responsibilities specific to Mono County such as the development of General Plan policies (included in this Element) and planning for the closure of Benton Crossing Landfill.

Policy 2.A.5. Prohibit construction activities such as grading in sensitive habitats prior to environmental review in compliance with CEQA and the Mono County Grading Ordinance.

Policy 2.A.6. During construction, utilize soil conservation practices and management techniques to conserve naturally occurring soils.

Action 2.A.6.a. Projects requiring a grading permit shall prepare a plan for the protection, conservation, and future use of naturally occurring soils that are suitable as a plant growth medium. The plan shall ensure that stockpiled soils and graded materials are protected from contamination, chemical and physical degradation, and erosion throughout all stages of the project life.

Policy 2.A.7. Support the acquisition of valuable wildlife habitat by federal or state land management agencies or land conservation organizations.

Action 2.A.7.a. Support acquisition of important wildlife areas through outright purchase, land donations, trades, purchase of easements, and related options.

Action 2.A.7.b. Provide information to property owners on incentives for protecting key wildlife habitat, including conservation easements, purchase at fair market value, land trades, etc.

Action 2.A.7.c. Work with appropriate agencies and organizations to investigate the feasibility of establishing habitat preservation areas to protect and improve significant habitat areas.

Action 2.A.7.d. The Economic Development Department should work with the Fisheries Commission to advise the County on fish and related wildlife issues.

Policy 2.A.8. Restrict or seasonally limit OHV and other recreational uses in valuable habitat areas in order to protect those resources.

Policy 2.A.9. Maintain water quality for fishery habitat by enforcing the policies contained in the Water Quality and Agriculture / Grazing/ Timber sections of the Conservation/Open Space Element.

Policy 2.A.10. Support efforts to regulate in-stream flows and lake levels to maintain fishery and other wildlife values, including riparian habitat.

Action 2.A.10.a. Cooperate with the CDFW to obtain adequate habitat protection in connection with Stream or Lake Alteration Agreements and in-stream flow agreements when required for developments.

Action 2.A.10.b. Study the feasibility of enlarging existing reservoirs, or implementing other alternatives in order to enhance fishery and wildlife resources. Various alternatives include improving water quality and water-bird nesting, and establishing minimum pools.

Action 2.A.10.c. Encourage restoration of fishery and riparian habitat that has been degraded or lost.

Action 2.A.10.d. Work with the CDFW and other appropriate agencies to prevent and remove unnatural blockages and other impediments to fish movement wherever appropriate.

Policy 2.A.11. In order to provide richer angling diversity, and to increase the wild trout population and stimulate tourism, support efforts to manage fisheries in accordance with their biological capabilities.

Action 2.A.11.a. Support the development and implementation of trout enhancement programs by the Mono County Economic Development Department.

Action 2.A.11.b. Work with the CDFW and other appropriate entities to enhance fishery resources. Potential projects include improving spawning areas, providing additional angler education and interpretive programs and facilities.

Action 2.A.11.c. Pursue grant funding for fisheries enhancement.

Policy 2.A.12. Promote the non-consumptive use of existing fisheries, where appropriate.

Action 2.A.12.a. Work with the CDFW and other appropriate entities to identify appropriate areas for catch-and-release programs or other appropriate restrictions, and to implement such programs or restrictions.

Action 2.A.12.b. Work with the CDFW and other appropriate entities to provide educational material on the non-consumptive use of fisheries; e.g., information on the proper technique for catch-and-release fishing.

Policy 2.A.13. Support state and federal efforts to maintain trout fisheries in appropriate remote locations. (See CDFW’s High Mountain Lakes Project Region 6.)

Action 2.A.13.a. Support continued and/or enhanced stocking of appropriate backcountry lakes.

Action 2.A.13.b. Recognize certain lakes and streams in the backcountry may be more appropriate for the conservation of sensitive, threatened or endangered species, such as the listed Sierra Nevada yellow-legged frog. These habitats are likely to be isolated water bodies with natural barriers to fish in wilderness areas, free of chytrid fungus infection, lacking self-sustaining fish populations, and identified for habitat protection by the CDFW.

Policy 2.A.14. When feasible, supplement CDFW fish stocking efforts with a County-supported stocking program.

Action 2.A.14.a. As funding permits, continue the County's current fish stocking program.

Policy 2.A.15. Develop and implement programs to use county Fish and Wildlife fine revenues, and other state and federal funds, to meet the objective of maintaining and restoring botanical, aquatic and wildlife habitats in the county. Possible programs could include measures to improve fish and wildlife habitat (e.g., placement of cattle fencing and fish screens), implementation of measures to reduce deer road kill, etc.

Action 2.A.15.a. Prioritize projects benefitting sage grouse habitat such as fence removal or retrofit (with markers and/or letdown features), perch deterrents on potential raptor perches, grading or road projects to improve hydrologic flow, and raven control at the Benton Crossing Landfill.

[1] Recommended conservation measures are available at http://www.fws.gov/birds/management/project-assessment-tools-and-guidanc...