State Route 58 Widening Project - Bakersfield Freeways

Chapter 1 Introduction
In 2008, USFWS and CDFG concurred on methods proposed by Stephanie Coppeto
and Leo Edson to develop the kit fox conceptual strategy: diurnal surveys for kit fox
dens and signs, collaboration with Dr. Brian Cypher, and a project specific and
cumulative approach to evaluating potential impacts on kit fox and efforts to avoid,
minimize, and compensate for potential effects. USFWS, CDFG, Caltrans, Stephanie
Coppeto and Leo Edson, and the City agreed to meet throughout the development of
the conceptual strategy to ensure that it complies with the FESA and California
Endangered Species Act (CESA). In July, 2008, CDFG, Caltrans, Stephanie Coppeto
and Leo Edson, the City, Steven Pruett, and Dr. Brian Cypher toured various TRIP
projects in Bakersfield. In August, 2008, Stephanie Coppeto and Leo Edson presented
preliminary results of kit fox surveys. USFWS identified habitat connectivity and the
maintenance of corridors connecting kit fox populations as a major issue facing kit fox
in Bakersfield. Potential compensatory mitigation options were discussed, including
culverts, refugia, and artificial kit fox dens.
In 2009, USFWS and CDFG approved the San Joaquin Kit Fox Life History, Effects
Analysis, and Conceptual Mitigation Strategy (City of Bakersfield and Caltrans 2009)
that describes program-level impacts and conceptual program-level mitigation.
USFWS and CDFG concurred that Caltrans should begin to develop a mitigation
implementation plan of the conceptual approach.
In 2010, USFWS and CDFG approved the Implementation Plan (City of Bakersfield
and Caltrans 2010). CDFG recommended that Caltrans seek a 2080.1 Consistency
Determination for projects requiring a state Incidental Take Permit. USFWS and
CDFG approved the standard Avoidance and Minimization Measures that would be
described for the San Joaquin kit fox in BAs. USFWS and CDFG agreed that the letter
from the MBHCP Trust Group to the City (dated August 3, 2010) approving eligible
TRIP projects to participate in the fee payment program was valid for projects that are
ready to build prior to MBHCP expiration in 2014 but asked that the City clarify that
fees can be paid at higher than 1:1 ratios as required by USFWS. USFWS and CDFG
approved the concept of the Sump Habitat Program to compensate for program-level
effects.
In 2011, based on agency consultation and the release of the Draft Biological Opinion
for the Morning Drive/State Route 178 Interchange Project, a 3:1 mitigation ratio is
identified for all permanent impacts and a 1.1:1 ratio is identified for all temporary
impacts. Caltrans is no longer seeking an Incidental Take Permit or a Consistency
Determination under CESA as it is now assumed that take of San Joaquin kit fox, as
State Route 58 Widening Project Biological Assessment 9