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  Consent-Community Services   # 18.       
Board of Supervisors   
Meeting Date: 05/21/2013  
Brief Title:    Agreements for Purchase of Environmental Mitigation Credits
From: John Bencomo, Director, Planning and Public Works Department
Staff Contact: Darlene Comingore, Senior Civil Engineer, Planning and Public Works, x8433

Subject
Approve three sales agreements with Wildlands, Inc., for the purchase of environmental mitigation credits for the County Road 98 Safety Improvement Project. (No general fund impact) (Bencomo/Comingore)
Recommended Action
  1. Approve three agreements with Wildlands Inc. (Wildlands) for purchase of required environmental mitigation credits for the County Road 98 Safety Improvement Project for the total amount of $104,750.
     
  2. Authorize the Director of Planning & Public Works or the Assistant Director for Public Works to sign the agreements.
Strategic Plan Goal(s)
Preserve and support agriculture
Protect open space and the environment
Provide fiscally sound, dynamic and responsive services
Reason for Recommended Action/Background
The environmental requirements for this federal aid construction project dictate compensatory mitigation for the permanent loss of the habitat for endangered species and seasonal wetlands impacted by the project. Environmental mitigation credits must be purchased prior to ground breaking of the project. Wildlands, Inc. has mitigation credits available for purchase that will satisfy these requirements. These actions will allow the department to expedite the mitigation bank purchase requirements, and proceed with construction.

BACKGROUND

The County Road (CR) 98 Safety Improvement Project will widen a 4.8-mile length of CR 98 between the City of Woodland and the City of Davis to improve travel conditions and safety for automobiles, farm equipment, farm-to-market trucking, aggregate material trucking, and bicyclists. It will bring County Road 98 up to current standards, including wider shoulders, left turn lanes, and clear recovery area from the City of Woodland, to about 1,300 feet south of County Road 29, which will improve the safety of this busy corridor. The widening at the intersections will allow large trucks and farm equipment to make right turns without going into opposing traffic lanes and will also improve visibility for traffic on the intersecting roads. The eight foot paved shoulders throughout the length of the project will improve the safety of trucks, farm equipment and all vehicles entering and leaving driveways from farming operations, businesses, and homes.

On December 13, 2007, the CEQA document for this project was approved by the Yolo County Planning Commission. The NEPA document was approved by Caltrans on September 4, 2008. On February 26, 2013, the Board of Supervisors authorized the Department to advertise for construction once Caltrans authorized the federal funds for construction. Caltrans authorized construction on April 30, 2013. Advertisement of the project began on May 3, 2013 and bids will be opened on June 12, 2013.

As part of the environmental approvals, the California Department of Fish and Game (CDFG), the United States Fish and Wildlife Service (USFWS), the Caltrans-approved NEPA Categorical Exemption, and the U. S. Army Corps of Engineers require the purchase of mitigation credits to compensate for impacts to the habitat for the Giant Garter Snake, Valley Elderberry Longhorn Beetle and Riparian Wetlands. Mitigation credits must be purchased from an approved mitigation bank to compensate for the potential habitat impacts of the project. The mitigation bank uses the funds to develop and maintain habitat in accordance with procedures of environmental resource, state and federal agencies like USFWS and CDFG.

After a thorough search of the region, it was discovered that Wildlands has the only USFWS approved conservation banks that provide all of these credits close to our project site and within the affected area as defined by the resource agencies. It is recommended to purchase the credits from Wildlands, because Yolo County is within the agency-approved Wildlands service area, which will reduce County costs by working with only one mitigation bank, rather than several entities

The Giant Garter Snake (GGS) habitat credits (acres) will be purchased from Wildlands’ Ridge Cut GGS Conservation Bank in Yolo County. The Valley Elderberry Longhorn Beetle (VELB) habitat credits will be purchased from Wildlands’ River Ranch VELB Conservation Bank located in Yolo County. The Riparian Wetland habitat (acres) will be purchased from Wildlands’ River Ranch Wetland Mitigation Bank. These mitigation banks are approved by the USFWS and the US Army Corps of Engineers to satisfy the requirements of the environmental documents. The credits and cost for the project are as follows:

HABITAT                      MITIGATION                  COST
   GGS                           1.95 acres                $87,750.
   VELB                           3 units                    $ 12,000
Riparian Wetlands         0.05 acre                $   5,000

Following the purchase of these mitigation credits, the County will have satisfied these mitigation requirements of the environmental documents.
Other Agency Involvement
Caltrans
USFWS
US Army Corps of Engineers
County Counsel reviewed the agreements for form

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   104,750
Amount budgeted for expenditure:    $   104,750
Additional expenditure authority needed:    $   0
One-time commitment     Yes
Source of Funds for this Expenditure
$104,750
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
The total cost for the purchase of the credits is $104,750. This will be reimbursed with federal transportation funds at a rate of 88.53% or $92,735. The remaining $12,015 is the minimum local match from funds already budgeted in the road fund.
Attachments
Att. A. GGS Conservation Bank Location Map
Att. B. VELB Conservation Bank Location Map
Att. C. Riparian Conservation Bank Location Map
Att. D. GGS Purchase Agreement
Att. E.. VELB Purchase Agreement
Att. F. Riparian Purchase Agreement

Form Review
Inbox Reviewed By Date
Financial Services hnewens 05/13/2013 04:33 PM
County Counsel rdrivon 05/14/2013 09:24 AM
Form Started By: dcomingore Started On: 05/01/2013 01:29 PM
Final Approval Date: 05/14/2013

    

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