Department of Fish and Game 

March 23, 2004

Mr. Thomas McCue
County of Monterey
Planning and Building Inspection Department
2620 First Avenue
Marina, CA 93933

Via fax (831) 384-3261

Dear Mr. McCue:

Pebble Beach Company Del Monte Forest Preservation
and Development Plan Draft Environmental Impact
Report SCH #2002021130

Department of Fish and Game (DFG) personnel have
reviewed the Draft Environmental Impact Report (DEIR)
for the Pebble Beach Company's Del Monte Forest
Preservation and Development Plan and offer the
following comments. We recognize the reduction in
residential development which this project proposes
over that which was the subject of the previous DEIR
(for the Lot Program and Revised Alternative 2), and
commend the applicant for the concurrent reduction in
environmental impacts. 

However, we believe the current proposal still leaves
room for significant improvement by way of reduction of
impacts to natural resources of the project site
through avoidance, minimization, and preservation,
thereby reducing reliance on mitigation measures for
which the outcome is uncertain, such as translocation,
enhancement, and management.

Our comments focus on several general areas, including
concerns regarding identification of project impacts,
particularly to sensitive plants, animals, and natural
communities; identification of mitigations which would
be feasible; water supply impacts to biological
resources; the need to fully develop Resource
Management Plans for inclusion in the public review
process; the proposal to lift previously recorded
easements; the development of refined alternative(s)
which will better address the important natural
resources which are found on the project site; and
specific comments on the Transplantation Design,
Enhancement, and Adaptive Management (TEAM) plan.

Page 2

The proposed project includes development of a new
18-hole golf course with clubhouse and visitor serving
suites; relocation of the existing equestrian center;
construction of 91 visitorserving units; additional
meeting space; a new underground parking lot and new
driving range/golf teaching facility at Spanish Bay;
construction of 63 visitor-serving units, additional
meeting and hospitality space and parking at the Lodge
at Pebble Beach; creation of 33 residential lots;
construction of 12 employeehousing units near Spanish
Bay and 48 at the Pebble Beach Company's Corporation
Yard; road, infrastructure and trail improvements;
preservation and conservation of 500 acres of open
space; management, enhancement and restoration of the
various conserved areas; and a proposal to amend prior
permits/conservation easements issued to the applicant.

Identification and Consideration of Project Impacts

This project has the potential to impact a number of
sensitive natural communities. The DEIR considers a
wealth of information in identifying impacts to various
resources which would result from implementation of the
proposed project. However, we are concerned about some
information gaps which may result in incomplete impact
analysis.

In particular, information which Jones & Stokes and
Associates (JSA) had previously presented regarding
Monterey pine forest, the endemic plant species which
are associated with the forest and adjacent dune
habitats, and management of Monterey pine forest, does
not appear in this document, in spite of similar
information appearing in previous draft and final EIRs
for this project area. We recommend that this
information be incorporated into the impact analysis
for the proposed project.

Sensitive Natural Communities

The DEIR does not include information regarding the
ecological subtypes of Monterey pine forest, which were
developed by JSA in 1994 in "The Monterey Ecological
Staircase" and "The Monterey Pine Forest Ecological
Assessment;" and in 1996 the "Monterey Pine Forest
Conservation Strategy Report." We believe that the DEIR
should evaluate the impact of the proposed project on
each of the natural communities found on the geomorphic
surfaces of the Monterey Peninsula. JSA provides
convincing evidence that differing geomorphic surfaces
support different assemblages of

Page 3

plant species, and may influence the distribution of
the rare and endemic plants found on the Monterey
Peninsula, including a number of State and Federally
listed species.

Based on information presented in the Ecological
Assessment, several of the geomorphic surfaces found in
the Del Monte Forest are of very limited distribution,
and any impacts within a type should be considered as
significant. In particular, the intact areas of
Flandrian dunes, Middle-aged dunes, and Oldest dunes,
and Marine terraces 1, 2, and 3, and potentially Marine
terraces 4, 5, and 6, warrant special consideration. We
recommend that additional analysis be done regarding
the impacts and compensatory preservation which would
apply within each of the geomorphic surfaces of the
project area.

In particular, it appears that B, C, and MNOUV will
result in impacts to natural community sub-types that
are of extremely limited distribution, and may not have
compensatory mitigation identified of the same
sub-type. Due to their limited original extent,
combined with historic losses, the various dune types
are particularly limited resources. The Flandrian dunes
have been reduced to just a few acres, given the
extensive residential development, as well as the
development of the Spanish Bay Golf Course complex;
they now are limited primarily to the vicinity of
Signal Hill. The Middle-aged dunes are now limited
primarily to the vicinity of areas B and C. The Oldest
dunes persist inland from Signal Hill, and though never
extensive, have been greatly reduced by residential
development and the construction of the Cypress Point
Golf Course.

The document states that the habitat Central Maritime
Chaparral was not delineated on its own as "this
community most commonly occurs in the Del Monte Forest
within Monterey Pine Forest, often as an understory
assemblage." This habitat type should be identified so
that the impact assessment and proposed mitigations can
be evaluated.

Sensitive Plant Species Distributions

DFG is concerned that impacts to all sensitive
resources be adequately characterized. This project has
the potential to impact a disproportionately large
number of special status plant species

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due to the high level of endemism which exists in the
Del Monte Forest. Nineteen species of plants known from
the project site are considered to be rare or
endangered for the purposes of the California
Environmental Quality Act (CEQA), seven of which are
State and/or Federally listed.

Two species of plants, the Monterey clover (Trifolium
trichocalyx) and the Pacific Grove clover (Trifolium
polyodon) were included in JSA's 1995 "Recovery
Strategies for Six Coastal Plant Species on the
Monterey Peninsula," and both are State listed. In that
document, distributions are mapped throughout the
Monterey Peninsula and within the Del Monte Forest and
discussed in the context of recovery.

The occurrence for Pacific Grove clover in the vicinity
of the Equestrian Center grandstands and parking area,
was mapped as a much larger polygon in the 1995
document, based on surveys done by Jane Holte and David
Allen. We believe that the population of the clover may
be more extensive than that presented in the DEIR, and
that the impact analysis may not be based on accurate
information. In the 1995 report, there are a number of
locations which are mapped for the Monterey clover and
are not identified in this DEIR.

In particular, locations of Monterey clover are mapped
as occurring in or adjacent to G, F3, F2, the Haul Road
and Sawmill Gulch. These locations indicate that the
distribution of the species is more widespread than the
DEIR acknowledges, and that impacts of the project on
this species have not been fully identified. The DEIR
needs to include this information and analyze the
potential significant direct and indirect impacts to
this species. Indirect Impacts to Sensitive Plant
Species and Habitats The DEIR documents the presence of
a number of sensitive plant species and natural
communities immediately adjacent to proposed
development. No buffers are recommended, and no
analysis of indirect impacts such as trampling, fire
hazard abatement, fire suppression, overspray with
water, pesticides, and fertilizer application has been
completed. For example, the proposed conservation area
by Signal Hill in the dunes supports five State and/or
Federally listed plant species. The tee for Hole 16
intrudes into the dunes; a proposed walkway would
bisect the dune area between Holes 14 and 15; and
portions of 15 and 16 are


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immediately adjacent to mapped individuals of sand
gilia, beach layia, Tidestrom's lupine and Monterey
spineflower. No assessment of indirect impacts to these
species is included in the DEIR. We believe that they
could be significant, and recommend that the project be
reconfigured to provide a meaningful buffer between the
sensitive dune habitat, the listed species, and golf
facilities. Similar analyses and development of
meaningful setbacks should also be undertaken for other
sensitive species and habitats. Need for Permits
Pursuant to the California Endangered Species Act
(CESA)

A number of species found in the project area are
listed by CESA, including sand gilia (Gilia tenuiflora
arenaria); Tidestrom's lupine (Lupinus tidestromii);
Menzies' wallflower (Erysimum menziesii); beach layia
(Layia carnosa); Monterey clover (Trifolium
trichocalyx); and Hickman's cinquefoil (Potentilla
hickmanii). In addition, Pacific Grove clover
(Trifolium polyodon) is listed as rare under the Native
Plant Protection Act. We believe that this project
could have direct and indirect impacts on these
species, and may result in incidental take of the
species. Incidental take may only be authorized by DFG
if the impacts of the take have been minimized and
fully mitigated. DFG does not recognize translocation
as contributing substantially to a mitigation strategy,
and in order to make a determination that impacts have
been fully mitigated, we will rely heavily on measures
which avoid impacts and provide for conservation of
habitat.

Identification of Appropriate Mitigation Measures

Both CEQA and CESA stress the desirability of avoiding
and minimizing impacts to sensitive resources prior to
consideration of compensatory mitigation measures.
Where compensatory measures are required such as the
TEAM Plan and the Master Resource Management Plan's
(RMP) specific performance, standards and remedial
measures should be incorporated.

The existing LCP establishes buffers of 100 feet
between any development and sensitive species and
habitats. Table E-5a includes a list of those wetlands
for which there is an infringement of the 100-foot
buffer requirement. The proposed new Equestrian Center
use would include encroachment within the predetermined
100-foot buffer of the Lower Sawmill site S-A for
parking areas during temporary events. Mitigation
measure

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Bio C1-2 indicates that the area would be "dedicated to
the DMFF" for protection. Temporary encroachment for
event parking should not be permitted under this
dedication. Other known buffer encroachments should be
evaluated and measures implemented to insure the
integrity of the buffers. Mitigation Measure BIO-A1-2
identifies no buffer for the dune suite of species,
instead directing rare plant and dune restoration areas
be located away from the golf course. We believe the
more appropriate approach is to require a sufficient
buffer, as required in the LCP, around these valuable
resources.

DFG is particularly concerned that impacts to Yadon's
piperia, an endemic, dry-land orchid, be further
avoided and minimized. Mitigation for impacts to
Yadon's piperia needs to focus on avoidance,
minimization, and conservation of the three primary
populations in the Del Monte Forest, which are
contained in three large, contiguous blocks of habitat:
PQR, MNOUV, and Huckleberry Hill/SFB Morse complex,
which includes G, H, I-1, the Corporation Yard, F1, F2,
F3, the Sawmill site, and D. The TEAM plan, which
emphasizes translocation of salvaged piperia and
enhancement of potentially suitable habitat, is
intended to address those impacts remaining after
avoidance, minimization and preservation actions, and
it should be implemented with modifications addressed
in detail below.

The DEIR identifies a significant effect of the
proposed project on this species. The DEIR describes
the importance of the MNOUV occurrence, indicating that
the impacts on that occurrence "would have a
significant effect at the population and species
level." The document stresses the importance of
conservation of blocks of large contiguous habitat, and
identifies the importance of both occupied and adjacent
unoccupied habitat to provide room for expansion, and
to allow the species to respond to changing habitat
conditions, such as vegetation structure, over time.

Mitigation measure BIO-D1-1 requires that the golf
course, road alignments and other development areas (K,
F-2, F-3, I-2 and PQR) be redesigned to avoid and
minimize development within populations of Yadon's
piperia where feasible. We recommend that this measure
also apply to all sensitive resources, and be extended
to require identification of additional areas where the
project could be redesigned to avoid impacts to
sensitive resources including, but not limited to,
Yadon's piperia. Mitigation measure

Page 7

BIO-D1-2 requires preservation of areas proposed by the
applicant, and preservation of additional areas
proposed by the County. It states that for all
locations other than the Proposed Golf Course,
implementation of these mitigation measures would not
result in a "...substantially adverse effect on this
species, and thus considers the impacts to be mitigated
to a less than significant level."

The DEIR further notes that "preservation alone cannot
offset the substantial losses of existing populations,
particularly at the Proposed Golf Course" and requires
development and implementation of a TEAM Plan to offset
impacts to Yadon's piperia for the Proposed Golf
Course. According to the DEIR, the determination that
impacts of the Proposed Golf Course have been mitigated
to a level of less than significant "...rests on all of
the applicant proposed and additionally required
mitigation including Mitigation Measures BIO-D1-3" (the
TEAM plan).

DFG is concerned that the outcome of implementation of
the TEAM plan can be relied upon to mitigate impacts to
the species. Translocation of Yadon's piperia (as with
many other rare species) can be difficult, time
consuming and costly. The DEIR notes that the
applicant's proposals "are insufficiently detailed to
gauge their feasibility and probable success." In spite
of the fact that the TEAM plan puts forward a detailed,
rigorous and scientific application to the task at
hand, we still do not have sufficient information to
determine either feasibility or probable success.
Determination of success or failure of the
translocation and enhancement program will be
difficult, given the life-history of the orchid. 

For this reason, consideration of additional
preservation beyond that recommended in the BIO-D1-1
and 2 should be considered. If this is not possible,
specific performance standards and remediation measures
are needed to determine the success of the TEAM Plan
and implement actions to address failure of the plan to
meet specified performance standards. Remediation could
include protection and/or management and enhancement of
other Yadon's piperia populations not protected as part
of the current mitigation measures identified in the
DEIR. Due to the uncertainties of the TEAM plan, DFG
recommends that some level of success in establishing,
enhancing populations and growing plants from seeds be
demonstrated before loss of Yadon's piperia occurs. 

We also recommend that approval of the TEAM plan by DFG
be made a condition of project approval. We believe
this would best be accomplished through an agreement
between DFG and the project


Page 8

applicant to assure performance of the required
mitigation measures for sensitive biological resources,
including the TEAM plan and Forest RMP.

The TEAM plan identifies 293 acres as appropriate for
translocation throughout the Del Monte Forest area. We
do not concur that all of the proposed sites are
appropriate as receiver sites for plant materials
originating in MONUV. In particular, PQR and
Huckleberry Hill/SFB Morse complex, including G, H, F1,
F2, F3, the Sawmill site, and D should be off-limits to
plant materials from MONUV, or from other areas in or
out of the Forest. Importation of plant materials, and
associated mycorrhyzae, soil, and potential pathogens,
poses a risk to the extant populations which occur in
those locations. We recommend that materials which are
salvaged from MNOUV be utilized in MNOUV and for
ex-situ and greenhouse manipulations.

Piperia tubers which are salvaged from development
areas should be utilized to better inform the
management process. There are numerous questions we
have regarding the tolerance of the plants to shade,
compaction, drought, soil saturation, competition with
other plant species, and herbivory; these can be tested
in the greenhouse, or in locations within MNOUV.
Salvaged tubers can provide raw material to use for
testing management hypotheses, with little risk to
populations which we wish to conserve and manage
insitu. It is not clear that all areas which have been
identified in the TEAM plan for translocation and
enhancement are in fact suitable for piperia. Although
the plan identifies 294 acres for translocation and 114
acres for enhancement, it is likely that further
screening of these sites will result in less habitat
available to the piperia; and even though the areas
identified in the TEAM plan for translocation are not
appropriate as receiver sites for the tubers from
MNOUV, they would likely be appropriate for
consideration for enhancement activities. We recommend
that the TEAM plan be refocused to screen all the
translocation acres and enhancement acres for
enhancement, emphasize enhancement activities on
suitable sites, which could include sites within the
distributional range of the species, and develop a
research program to inform management that would
utilize the tubers salvaged from


Page 9

MNOUV that cannot be translocated into another site at
MNOUV. Prior to implementation of enhancement
activities, risks associated with the implementation of
enhancement activities should be anticipated, and
measures implemented to reduce the risks to extant
populations.

As with Yadon's piperia, the DEIR suggests that impacts
to Pacific Grove clover and the suite of dune species
can be mitigated, in part, through a program of
enhancement and translocation. As with Yadon's piperia,
DFG believes that this is not a feasible, reliable
approach and has a low probability of success. In
regard to Pacific Grove clover, the DEIR also notes
that the existing information on the proposed project
"does not provide the site-specificity necessary to
ensure that final golf course design and resource
management will adequately provide for the conservation
of this population" and recommends that specific
management and enhancement methods for the Pacific
Grove clover be defined.

Further definition of methods that have an unknown
outcome do not ensure either feasibility or probability
of success; there are not specific performance
standards and remedial measures identified which would
be implemented in the event of failure of the
management/ enhancement activities.

We recommend that project redesign be implemented with
the goal of separating the population of Pacific Grove
clover from project activities which have a potential
to adversely affect the species and its habitat.
Mitigation Measure BIO-A1-2 suggests the same kind of
approach for the dune suite of species, directing "rare
plant dune restoration areas shall be located away from
the perimeter of the golf course unless such mitigation
areas are not located where they are likely to be
directly affected by..." golf activities.

The measure suggests performance criteria for the dune
revegetation which may not be appropriate and not
stringent enough to restore a functioning dune habitat,
and again, there are no performance standards and
remedial actions identified which would be implemented
if any aspect of the management should not meet
performance standards. DFG does not have confidence
that this type of mitigation measure will adequately
mitigate potential impacts to sensitive habitats and
listed species.

We recommend that additional avoidance measures be
implemented to further separate extant populations of
sensitive species and habitats from project activities.

Page 10

The wildlife section indicates that the nesting season
for raptors annually is March 1 to June 30. The
document offers a construction buffer from nesting
birds of 100 feet. We recommend the buffer distance be
increased to a minimum of 150 feet. Incorporation of
these recommendations would assure compliance with Fish
and Game Code Section 3503.

Development of Resource Management Plans

Mitigation Measure BIO-B1-1 requires development,
implementation and monitoring of a County approved RMP
and sitespecific RMPs for all proposed and additionally
required retention, restoration, and preservation
areas. We note that there is an applicant-developed
summary of RMPs and RMP implementation framework; we
also note that BIO-B1-1 requires that a third party
consultant develop the RMPs. It is not clear what
relationship the applicant-developed RMPs and framework
have to the required RMPs. In addition, we believe it
is virtually impossible to assess Mitigation Measure
BIO-B1-1 as to feasibility or probability of success in
the absence of having the completed RMPs to review.

Since Mitigation Measure BIO-B1-1 is the underpinning
of the entire mitigation program for natural resources,
and provides the basis for mitigating impacts to
Monterey pine forest, wetlands, dunes, and
special-status species on all retained, restored and/or
preserved lands, RMPs should be completed prior to
certification of the EIR in order to assess the
efficacy of the proposed mitigation program, and to
evaluate the DEIR's assertion that all impacts have
been mitigated to a level of less than significant. As
noted above, the plans should include specific
performance standards and remedial measures and be
subject to resource agency review and approval.

The DEIR indicates that a BMP plan for controlling
runoff associated with the new Equestrian Center will
be developed. Appendix "H" says that animal waste shall
be controlled at the site, "through a combination of
design and source control measures aimed at containing,
covering and removing wastes to avoid contact and
wash-off with rainfall runoff." Implementation of this
plan is important to protect resource values in the
project area and should be developed, reviewed and
approved prior to project approval.

Page 11

Conservation Easements

The DEIR proposes to use conservation easements as a
mechanism to protect preserved lands in the project
area. While we support the use of such mechanisms, we
are troubled by the proposal of the applicant to remove
or amend two easements in the Sawmill area in order to
relocate the Equestrian Center to that location. This
undermines our confidence in the ability of an easement
to provide for protection of resources in perpetuity,
if in fact it can be undone at a later date.

In addition to the requirements of Mitigation Measure
BIO-B1-6, we request that for conservation easements
for sites to be preserved for the protection of
sensitive resources, DFG be included as a third party
beneficiary. Since the easements were recorded to
comply with permit conditions of prior projects, it is
troubling that they can subsequently be modified. The
DEIR indicates that the applicant has requested that
permit conditions for specific prior projects be
amended and has identified mitigation measures in
Chapter 3.3 section B to address the potential loss of
natural and revegetated forest on the site.

Given the location of the Sawmill site in the heart of
S.F.B. Morse/Huckleberry Hill Natural Area complex; the
presence of Monterey clover, a State listed plant
species in the vicinity of the site; and the stage of
the restoration of natural vegetation on the site, we
recommend that the easements remain, and this area not
be considered for development of facilities which would
be inconsistent with the objectives for which the
easements were established.

Water Supply Impacts to Biological Resources

DFG believes the DEIR does not disclose and analyze all
the project-related environmental impacts resulting
from this project's increased demand for potable water.
CEQA requires that all direct and reasonably
foreseeable indirect impacts of a project be disclosed
and analyzed. The DEIR discloses an increased demand
for potable water that relies on withdrawals from the
Carmel River aquifer1, but does not include an analysis
of the impacts caused by those increased withdrawals on
the public trust resources in the Carmel River system.
1 The DEIR (ES-16 & 4.4-37) states "the increased
demand would result in increased withdrawal by Cal-Am
from the Carmel River aquifer and/or Seaside aquifer."

Page 12

To meet the increased demand for water, the project
proposes to rely on potable water supplied by the
California-American Water Company (Cal-Am). Currently
Cal-Am is not able to meet delivery commitments without
over-pumping within the aquifer. This over-pumping has
caused adverse impacts to aquatic resources within the
Carmel River system, specifically adversely impacting
steelhead (Oncorhynchus mykiss) and California
red-legged frogs (Rana aurora draytonii) by dewatering
and reducing available habitat.

Based on review of the DEIR, it is clear that the
post-project water demand will require at least an
additional 182 to 320 acre-feet of potable water each
year. It was noted that this may underestimate the
actual demand because additional potable water has
historically been required to supplement an inadequate
supply of treated wastewater. The DEIR presents the
argument that although the new project will require
additional potable water, this new demand is "offset"
by a previous reduction in demand caused by converting
from potable water to treated wastewater for
irrigation. However, this "offset" scenario does not
include an appropriate disclosure and analysis of the
increased water demands of this project on the current
pumping regime.

Information on the increased withdrawals required by
the water demands of this project as compared with
current withdrawals must be disclosed to allow
appropriate analysis of the potentially significant
adverse impact to public trust resources in the Carmel
River system. 


There is general agreement that until Cal-Am develops
alternative water sources, it lacks the ability to meet
any new water demands without causing additional
adverse impacts to the quantity and quality of water in
the Carmel River. In fact, Cal-Am is currently under
court order to reduce pumping from the system. Until
alternatives are developed, this pumping restriction
would appear to curtail the ability of Cal-Am to
provide the additional water to this project,
regardless of any legal claim or additional
entitlements held by the applicant. We appreciate the
opportunity to comment on the DEIR for the Pebble Beach
Company's Del Monte Forest Preservation and Development
Plan. We remain available to work with the County and
the Pebble Beach Company to identify a project which
would meet the project's objectives while protecting
the valuable resources of the project site.

Page 13

Questions concerning our comments should be directed to
Mr. Carl Wilcox, Habitat Conservation Manager, at (707)
944-5525 or cwilcox@dfg.ca.gov. 

Sincerely,

Copy; original signed by

Robert W. Floerke
Regional Manager
Central Coast Region

cc: See next page

Page 14

cc: State Clearinghouse
Post Office Box 3044
Sacramento, CA 95814
Via fax (916) 323-3018

Tony Lombardo
Lombardo & Gilles
Post Office Box 2119
Salinas, CA 93902

Molly Martindale
U. S. Army Corps of Engineers
333 Market Street
San Francisco, CA 94105-2197

Kathy Mrowka
State Water Resources Control Board
Post Office Box 100
Sacramento, CA 95812

Joyce Ambrosius
NOAA Fisheries
777 Sonoma Avenue, Room 325
Santa Rosa, CA 95404

Charles Lester
California Coastal Commission
725 Front Street, 3rd Floor
Santa Cruz, CA 95060

David Pereksta
U. S. Fish and Wildlife Service
293 Portola Road, Suite B
Ventura, CA 93003-7726

Mike Zander
Zander & Associates
Via fax (415) 897-0425