COASTAL CONSERVANCY

Staff Recommendation April 24, 2008

MA-LE’L DUNES COOPERATIVE MANAGEMENT AREA ACCESS IMPROVEMENTS

File No. 06-048 Project Manager: Su Corbaley

RECOMMENDED ACTION: Approval of the Ma-le’l Dunes Cooperative Area Access Management Plan; adoption of a CEQA Mitigated Negative Declaration and Mitigation Monitoring Program for the Plan, and authorization to disburse up to $175,000 to the Friends of the Dunes to carry out access improvements at the Ma-le’l Dunes Cooperative Management Area.

LOCATION: Town of Manila on the north spit of Humboldt Bay, Humboldt County (Exhibit 1).

PROGRAM CATEGORY: Public Access

EXHIBITS Exhibit 1: Project Location and Site Map Exhibit 2: Access Management Plan Exhibit 3: CEQA Documentation Exhibit 4: Mitigation and Monitoring Program Exhibit 5: Letters of Concurrence from BLM and FWS Exhibit 6: Letters of Support

RESOLUTION AND FINDINGS:

Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31000 et seq. of the Public Resources Code:

“The State Coastal Conservancy hereby: 1. Approves the Ma-le’l Dunes Cooperative Area Access Management Plan attached as Exhibit 2 to the accompanying staff recommendation. 2. Adopts the Mitigated Negative Declaration prepared under the California Environmental Quality Act (“CEQA”) for the Ma-le’l Dunes Cooperative Area Access Management Plan

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and attached as Exhibit 3 to the accompanying staff recommendation. 3. Adopts the Ma-le’l Dunes Cooperative Area Access Plan Mitigation Monitoring Program attached as Exhibit 4 to the accompanying staff recommendation. 4. Authorizes disbursement of an amount not to exceed one hundred seventy-five thousand dollars ($175,000) to the Friends of the Dunes to implement Phase One of the Ma-le’l Dunes Cooperative Management Area Access Plan, subject to the following conditions: a. Prior to disbursement of any funds, the Executive Officer shall approve in writing a work plan, budget and schedule, detailed project designs, and any contractors to be used for the activities under this authorization. b. With respect to work funded by the Conservancy and constituting an improvement or development, the grantee shall provide evidence that all permits necessary to this project have been issued. c. With respect to work funded by the Conservancy and constituting an improvement or development, an agreement or agreements to provide site access to the grantee and to protect public interest shall be entered into and recorded in Humboldt County, consistent with Public Resources Code Section 31116(c). d. Conservancy funding shall be acknowledged by erecting and maintaining on the property a sign or signs that has been reviewed and approved by the Executive Officer.”

Staff further recommends that the Conservancy adopt the following findings: “Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby finds that: 1. The proposed project is consistent with Chapter 9 of Division 21 of the Public Resources Code, regarding public access to and along the coast. 2. The proposed project is consistent with the Project Selection Criteria and Guidelines adopted by the Conservancy on September 20, 2007. 3. The Conservancy has independently reviewed and considered the Mitigated Negative Declaration/Finding of No Significant Impact and Mitigation Monitoring Program prepared under CEQA and the National Environmental Protection Act, and attached to the accompanying staff recommendation as Exhibits 3 and 4, respectively, and finds that there is no substantial evidence that the project as mitigated will have a significant effect on the environment, as defined in 14 California Code of Regulations Section 15382. 4. The Friends of the Dunes is a private nonprofit organization existing under Section 501(c)(3) of the U.S. Internal Revenue Code, and whose purposes are consistent with Division 21 of the Public Resources Code. 5. The proposed project will serve greater than local needs.”

PROJECT SUMMARY: The proposed authorization would enable Friends of the Dunes (“FOD”) to carry out access improvements on the Ma-le’l Dunes Cooperative Management Area on the north spit of Humboldt Bay in Humboldt County (Exhibit 1).

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The project area is located on the north spit of Humboldt Bay in an area that is highly regarded for its natural beauty and easy access to the ocean and dunes. The property was historically owned by Louisiana-Pacific. For a time in the 1990s, it was open to the public for access use under a cooperative agreement between the owners and several land management agencies and organizations, and quickly became a popular destination. However, in 1994, Louisiana-Pacific sold the property to a private organization that used it exclusively for recreational off-highway vehicle recreation by its members, and public access to the site was lost. (See “Project History” section for additional detail.) In 2004 the Center for Natural Lands Management, a nonprofit conservation organization, was able to acquire the property with Conservancy and US Fish and Wildlife Service (“FWS”) grant funding assistance bringing it one step closer to re-opening for public use. However, anticipating a potentially lengthy process to transfer the property to the Bureau of Land Management (“BLM”) and FWS, and anticipating another lengthy planning period by the federal agencies, the Conservancy initiated a planning and environmental review process with consultants, BLM, FWS and interested organizations to facilitate the process and open the property as soon as possible to public access. The completed Ma-le’l Dunes Cooperative Management Area Access Management Plan (“the Plan”) and CEQA/National Environmental Policy Act (“NEPA”) documents are attached to this staff recommendation as Exhibits 2 and 3, respectively. Conservancy staff is recommending funding Phase One of the plan, to ensure that the property is opened to the public as soon as possible. The work will be carried out in concert with federal coordination and consultation. Though the Plan specifies Phase Two activities, in addition to the Phase One activities proposed herein, those are not proposed for funding at this time. The Plan outlines the Phase One activities to be completed under this authorization. Improvements may include: • improving the main access road and security gate(s); • installing new fencing to separate road use from nearby private residences and provide added security for adjacent private recreational owner; • closing casual parking area(s) to direct traffic to formal parking area(s); • upgrading formal parking area(s); installing trash receptacles, picnic tables, bike racks and temporary restrooms; • upgrading historic existing trails through erosion control and installation of steps; • revegetating casual trails throughout the forest and creek areas to remove these trails from use; • re-routing the forest ingress/egress trail; • installing trail markers; • installing a plank-bridge at a wetland crossing; • developing and installing highway coastal access signs, a directional sign at the Highway 255 turnoff, a sign at the main entrance to the property, regulatory signs and kiosks, and property boundary signs between adjacent private owners and FWS and BLM lands.

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Additional activities, that will be carried out by the federal agencies, will include developing special permits for overnight camping and gathering on specific areas only, developing law enforcement protocol, and developing interpretive programs. The majority of the work will involve improvements to the northern (FWS-owned) portion of the Ma-le’l Dunes Cooperative Management Area. Once completed, the northern portion will be opened to the public. It is anticipated that activities will be completed by fall 2008. The project must be completed as soon as possible so that public access is available in 2008. However, due to potentially protracted federal contracting procedures coupled with BLM and FWS staff with heavy work loads, the Conservancy proposes to award funds to the Friends of the Dunes to carry out the project. The BLM and FWS concur with this approach (Exhibit 5). The Friends of the Dunes is a 501(c)(3) organization that has, since 1982, worked to preserve, restore and provide natural resources interpretation of the dunes systems of Humboldt Bay. For several years it has carried out numerous restoration activities on many Conservancy-funded acquired properties, and has and has successfully coordinated the efforts of large groups of volunteers to carry out those activities. In recent years, the Friends of the Dunes has expanded its capacity as a Land Trust and recently worked with the Conservancy to acquire dunes property for access and restoration, and the establishment of a coastal dunes visitor and education center. The Friends of the Dunes has extensive local resources and access to local experts necessary to complete this project. Site Description: The Ma-le’l Dunes Cooperative Area is approximately 444 acres on the north spit of Humboldt Bay in Humboldt County. It comprises two portions: the “Ma-le’l North”, comprising approximately 290 acres owned and managed by FWS, and the “Ma-le’l South”, comprising approximately 154 acres owned and managed by BLM. The site is bounded on the west by the Pacific Ocean, on the east by the Mad River Slough, on the north by the Humboldt Bay National Wildlife Refuge, and on the south by additional coastal dunes environment undergoing restoration. The property comprises wetland and associated uplands including dunes and maritime forest within a barrier island ecosystem and includes habitat for the endangered Menzies Wallflower, and beach layia, as well as the rare dune mat plant community. While none has been documented, it could be possible, through future restoration actions, that the property could contain suitable habitat for the Western Snowy Plover. Project History: The Conservancy has a long history with projects on the North Spit, and specifically as related to the preserve areas adjacent to the project properties. In 1986 and 1987, the Conservancy provided funding to The Nature Conservancy to acquire what is now the FWS Lanphere-Christensen Dunes Unit (transferred to FWS with Conservancy approval in 1998) located north of the subject project area. In 1990, the Conservancy granted $80,000 to the County of Humboldt to conduct an alternative uses study and prepare the Humboldt Beach & Dunes Management Plan with recommended planning activities. The Coastal Commission approved the preferred plan and in 1993 the County’s General Plan was amended to incorporate by adoption the Humboldt Beach & Dunes Management Plan preferred alternatives. The Conservancy approved the Humboldt Beach & Dunes Management Plan on March 20, 1995. The plan recommended public acquisition of the Ma-l’el Dunes Cooperative Area for resource protection and public access. For several years until 1994 the northern segment was used for public access under an agreement between the landowners and operators. The agreement was a requirement of a Conservancy

Page 4 of 13 MA-LE’L DUNES COOPERATIVE MANAGEMENT AREA ACCESS IMPROVEMENTS acquisition grant to The Nature Conservancy for an addition to the adjacent Lanphere Christensen Dunes Preserve, where access was restricted due to sensitive habitat. Unfortunately, in 1994 the property was sold to a private organization for off-highway vehicle (OHV) use, and public access ceased. Approximately 41 acres of the southern segment had also been used for OHV activities, by lease agreement and then by ownership, by the private party that acquired the northern segment in 1994. The northern segment and the 41 acres of the southern segment remained under that ownership for OHV uses until 2003 when both were acquired by the Center for Natural Land Management with funds from the Conservancy. Funding for that acquisition was authorized by the Conservancy in April 2002 and included $442,200 in Conservancy funds and $399,000 grant awarded to the Conservancy from a National Coastal Wetlands Conservation grant from the U.S. Fish and Wildlife Service’s National Coastal Wetland Conservation Grant Program. In 2004 and 2005 the southern and northern portions were transferred to BLM and FWS, respectively, and were added to those agencies’ existing adjacent ownership resulting in the 444 total acres covered by this proposed project. The Conservancy has recently completed the Ma-le’l Dunes Cooperative Area Access Management Plan and has conducted a review to evaluate environmental impacts. During the course of planning, the property was transferred from the Center for Natural Land Management (“CNLM”) to BLM and FWS. However, due to staffing and funding limitations the agencies were only able to make limited improvements resulting in the BLM portion opening to the public but leaving the northern FWS portion closed to the public. Though the BLM-owned portion was opened, access improvements have not been fully implemented. Unfortunately the federal agencies do not have sufficient capital funding available to carry out full implementation of the Plan, though they have agreed to take on responsibility for management and maintenance of access improvements.

PROJECT FINANCING: Coastal Conservancy $175,000 Bureau of Land Management TBD Fish and Wildlife Service TBD Total Conservancy Cost $175,000

The Conservancy’s contribution to this project is expected to come from the FY 2005/06 appropriation from the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Fund (Proposition 12) allocated for resource development projects north of the Gualala River. The proposed project is consistent with this funding source as it will result in new public access facilities on the north spit of Humboldt Bay.

The FWS and BLM will each contribute necessary staff time to consult with FOD on implementation strategies and coordination of activities on their respective properties. Additionally, FWS has indicated it would provide staff time and funds to secure necessary permits for the project.

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CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: The proposed project would be undertaken pursuant to Chapter 9 (Sections 31400 et seq.) of Division 21 of the Public Resources Code, regarding public access to the coast. Section 31400 states the Legislature’s intent that the Conservancy have a principal role in the implementation of a system of public accessways to and along the state’s coastline. The goal of the proposed project is to improve existing, and construct new, access amenities to provide public access to and along the coast. The proposed funding authorization is thus consistent with §31400. Section 31400.1 allows the Conservancy to award grants to nonprofit organizations to develop, operate, or manage lands for public access purposes to and along the coast. Friends of the Dunes is a nonprofit organization that will carry out this project with the purpose of developing public access to and along the coast. Thus, this project is consistent with §31400.1. Section 31400.2 allows the Conservancy to fund up to the total cost of the initial development of public accessways by nonprofit organizations. The Conservancy will contribute funds for the project, and BLM and FWS will contribute an as-yet-undetermined amount of staff time and materials to assist with project coordination, oversight, and monitoring. Section 31400.3 allows the Conservancy to aid nonprofit organizations in establishing a system of public coastal accessways. Friends of the Dunes is a private not-profit organization that will carry out the proposed project for the purposes of establishing public coastal access on the north spit of Humboldt Bay. The proposed funding authorization thus meets the requirement of §31400.3 to aid nonprofit organizations in establishing a system of public coastal accessways, and is thus consistent with this section. The proposed project is also consistent with §31408(a), directing the Conservancy to coordinate the development of the California Coastal Trail, and §31409, which authorizes the Conservancy to award grants and provide assistance to establish and expand inland trail systems that may be linked to the California Coastal Trail. The trails planned for construction would serve as spur trails to the California Coastal Trail on and around Humboldt Bay.

Section 31410, effective in January 2008 (AB 1568, Berg), designates the portion of the Ma-le’l Dunes in Humboldt County that is part of the California Coastal Trail and is under the jurisdiction of the Conservancy as the Senator Wesley Chesbro Coastal Trail. The Conservancy is directed to erect appropriate signage, upon receipt of specific funding, after the date on which Wesley Chesbro ceases his service in the Legislature or on January 1, 2009, whichever occurs later.

CONSISTENCY WITH CONSERVANCY'S STRATEGIC PLAN GOAL(S) & OBJECTIVE(S): Consistent with Goal 2 Objective C of the Conservancy’s Strategic Plan, the proposed project will open an area that is currently closed to the public while respecting the rights of nearby landowners and the need to minimize impacts on sensitive natural resources. Adjoining property owners have been consulted throughout the planning process to help guide the location and design of roadways, paths, and signs directing visitors to the site and avoid conflict with those private uses.

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Consistent with Goal 2 Objective E of the Conservancy’s Strategic Plan, the proposed project will increase newly constructed and improved public accessway opportunities by reestablishing trails, establishing a water access put-in location, developing improved observation points for wildlife viewing, and constructing Americans with Disabilities Act-compliant pathways.

CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA & GUIDELINES:

The proposed project is consistent with the Conservancy's Project Selection Criteria and Guidelines adopted September 20, 2007, in the following respects:

Required Criteria 1. Promotion of the Conservancy’s statutory programs and purposes: See the “Consistency with Conservancy’s Enabling Legislation” section above. 2. Consistency with purposes of the funding source: See the “Project Financing” section above. 3. Support of the public: This project has broad public support and is endorsed by Congressman Mike Thompson, Senator Patricia Wiggins, Assemblymember Patty Berg, and Humboldt County. See letters of support in Exhibit 6. 4. Location: The project would be located within the coastal zone on the north spit of Humboldt Bay, County of Humboldt. The proposed project will facilitate increased public access to the complex of public dunes and trails along the north spit. 5. Need: Presently, the northern tract of the Ma-le’l Dunes Cooperative Management Area is closed to the public. Yet there is increasing demand for use by the public of this area that had historically been open for public access use, until 1997, under a cooperative management agreement. The transfer of the property to FWS and BLM was the first step to re-opening this area to the public, and the southern, BLM-owned portion has been opened. However, because the northern FWS-owned portion has abundant natural and cultural resources that warrant protection, it could not be opened until planning to allow access while protecting the natural and cultural resources was completed. The proposed project would allow the northern Ma-le’l unit to be opened in 2008. 6. Greater-than-local interest: The Humboldt Bay area is a destination for visitors from all over the world who are drawn to northern California for the mountains, redwoods, and oceans, and to Humboldt County for its atmosphere and aesthetics. Increasing the available dunes and beach access will expand the appeal of this unique area for tourism.

Additional Criteria 7. Urgency: The Ma-le’l Dunes Cooperative Management Area is partially opened to the public with the southern BLM-managed portion open for recreational use since summer 2005. However, the northern FWS-managed portion is not formally opened, which could result in unauthorized public access flow-over from the south. Because of the sensitive habitat and

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cultural resources present on that northern portion, it is imperative to implement the Access Plan to properly direct foot traffic and institute protective management methods. 8. Resolution of more than one issue: The Ma-le’l Dunes Cooperative Management Area includes separate parcels owned by BLM and FWS. Because these two resource agencies allow for different levels and types of recreational use, the potential for conflicting use exists when users cross from own property ownership to the other. The access plan provides the framework to resolve any use conflicts. Implementing Phase I of the Access Plan improvements will facilitate the resolution of use-conflict through signage and user interpretation information, and will protect sensitive habitat and cultural resources. 12. Readiness: Friends of the Dunes has identified potential contractors to carry out the work and is thus ready and able to begin implementing the improvements upon grant award. 13. Realization of prior Conservancy goals: The Conservancy has a long history of assisting with access development and improvements on the dunes system along the north spit of Humboldt Bay, as detailed under the “Project History” section above. This action would further existing goals for the north spit specifically, and for public access in the region generally, as outlined in the Humboldt Beach and Dunes Management Plan. 15. Cooperation: The Plan was developed through collaboration between the Conservancy, the USFWS and BLM. The FWS and BLM will contribute necessary staff time to consult and coordinate portions of the construction. Additionally, FWS has indicated it would provide staff time and funds to secure necessary permits.

Consistency With Conservancy Standards And Recommendations For Accessway Location And Development

The Conservancy-adopted “Standards and Recommendations for Accessway Location and Development” is relevant to the proposed project. The proposed project is consistent with all applicable standards. Consistent with Standard No. 1, 2 and 5, the proposed project will protect the public and coastal resources by routing and signing trails to promote safe recreation onsite while protecting sensitive habitats, and protecting of the privacy of adjacent and nearby private landowner/dwellers; removing casual trails to reduce or eliminate dune erosion through forest or plant habitat; and installing a foot bridge over a wetland / dune swale. Consistent with Standard No. 3, trails will be maintained at a minimum width. Also, an Americans with Disabilities Act (ADA) compliant parking space, trail, and overlook platform will be constructed along a railway berm to provide view to the slough located on the eastern portion of FWS property. Consistent with Standard 4, the proposed trails will be located safely away from private property, and the entrances to parking will be re-routed to prevent traffic contact with private property. Consistent with Standards 6 and 7, lateral and vertical accessways will comply with LCP and coastal development permit requirements. Consistent with Standard 8, the proposed project will provide trails connecting the shore to publicly owned lands and will provide safe trail access from parking lots to the slough overlook, and through the dunes to the beach, avoiding unstable or erosive soils. Trails will be signed to promote safe access and inform the public about the local environment; and restrooms, picnic

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table and benches, and trash receptacles will be provided where needed. Consistent with Standards 9 and 13, the scenic overlook toward the slough, and the trail leading to it, will be accessible to the physically disabled. A handicapped accessible parking space(s) will also be provided, as will appropriate signage. Consistent with Standard No. 12, the proposed project includes many support facilities to accommodate public use of the site, including signs, picnic tables, benches, trash cans, parking, restrooms and a kayak launch ramp. Upon authorization, staff will approve a signing plan for the property.

CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES: The proposed project would facilitate increased access facilities as outlined in local coastal plans. The Humboldt Bay Area Plan and its supporting zoning regulations form the Local Coastal Program (LCP) for the project area. Humboldt County's LCP consists of an integrated system of Land Use Plan and Implementation Plan documents. The Humboldt County LCP policies, which address resource protection and public access issues, are extensive. The preferred planning alternatives from the Humboldt Beach and Dunes Management Plan (HBDMP) were approved by the Coastal Commission and amended to the Humboldt Bay Plan (LCP) and the county General Plan on June 7, 1994; the Conservancy adopted the HBDMP in April 1995. Specifically, the LCP recommends additional accessway improvements and enhancement activities on the north spit of Humboldt Bay. Therefore, the proposed project is consistent with the LCP. Section 6.138p of the HBDMP states, with regard to the Ma-le’l CMA planning area (formerly referred to as “the CMA” in the HBDMP) that “pedestrian access in this area would be expanded to include the open sand areas encompassed by the boundaries of the CMA.” The Ma-le-l planning area is within the boundaries of the former CMA. Therefore, the access improvements proposed in the project are consistent with the recommendations of the Humboldt Bay Area Plan.

COMPLIANCE WITH CEQA: The Conservancy is the lead agency for this project under the California Environmental Quality Act. On February 2, 2007, staff noticed and circulated for public review for the project a proposed Mitigated Negative Declaration, attached as Exhibit 3. The 30-day comment period originally was scheduled to end on March 4, 2007, but due to public requests, comments were received until mid-March. (Because the project will be carried out on lands owned by the U.S. Fish and Wildlife Service and the Bureau of Land Management, the project was jointly evaluated in the same document under NEPA for potential significant impacts. Consistent with NEPA, BLM and FWS are expected to determine the project, as proposed, mitigates to a level of insignificance any potential impacts. FWS and BLM are expected publish a Decision Record of Finding of No Significant Impact.) Several comments were received during the public review period. The comments and how they were addressed are included in Exhibit 3 at Appendix D. Comments pertinent to environmental effects included requests to reduce the number of days the Ma-le’l North area would be opened to vehicular traffic; to allow traditional gathering activities by Tribal members; to allow vegetation gathering by the public in certain areas; and to allow the ongoing uses of the slough waters and saltmarsh islands by hunters. In response to the latter issue, FWS has determined that hunting must be addressed through its Comprehensive Conservation Plan process, for which there will not be a final determination until 2009, at the earliest. Thus, the project area for this project was redefined to exclude the slough and saltmarsh islands. As there are no access

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improvements proposed for those areas on FWS lands, there is no effect to this planning process, and thus no alteration in scope of project. In response to the former comments, the IS/EA and Plan were changed to limit vehicular access to Ma-le-l North to Thursday through Monday, to allow traditional gathering activities by Tribal members under agreements with the agencies, and to allow for vegetation gathering by the public at certain times of the year in specified locations under permit agreement with BLM. Following revision to the IS/EA and the Plan, the IS/EA was re-circulated through the State Clearinghouse for a 30-day public comment period on March 18, 2008; the Plan was made available to the public for simultaneous review via FWS, BLM, FOD and Conservancy websites and offices. The proposed Negative Declaration identified potentially significant impacts, if not mitigated, to biological resources and cultural resources. The potential effects and the proposed mitigation that will avoid, reduce, or minimize the possible effect to a level of insignificance are as follows: With regard to biological resources, impacts could have an adverse effect on threatened, endangered or special status plants, fish and birds, or sensitive habitat. Potential impacts to plant species include direct impact to the Humboldt Bay wallflower, beach layia and other rare dune plants., and to the special status salt marsh species (located in the area of the kayak launch site), Humboldt Bay owl’s-clover and Point Reyes bird’s-beak, as a result of pedestrians, dogs or horses straying from designated trails, or from specific trail and/or kayak launch construction activities. Potential significant impacts to five species of special status fish, including the tidewater goby, coast cutthroat trout, the southern Oregon/northern California coho salmon ESU, the northern California steelhead ESU and the California coastal Chinook salmon ESU include adverse effects from temporary siltation into the Mad River Slough from installation of the kayak launch ramp. The northern red-legged frog and northwestern pond turtle could be adversely affected from the construction of the foot bridge over the seasonal wetland in the nearshore dunes and the wetland view deck over the freshwater/riparian swamp adjacent to railroad berm trail. Potential impacts to avian special status species, including herons and egrets, raptors, and other land birds, include ongoing disturbance from routine vegetation clearing to maintain an open trail corridor through the project area, and disturbance to breeding birds associated during the expansion of the parking area at Ma-le’l North. Potential permanent or on-going impacts to riparian and wetland habitats or other sensitive natural communities could result from the permanent removal of a minor (well less than 200 ft2) amount of wetland vegetation for the installation of the kayak launch at Ma-le’l North. On-going impacts to native vegetation would include routine vegetation clearing to maintain an open trail corridor through the project area. The project also includes the potential for disturbances to native resident or migratory wildlife species, or with established native resident or migratory wildlife corridors, or to impede the use of native wildlife nursery sites, including disturbance to breeding birds associated with routine vegetation clearing to maintain an open trail corridors, disturbance to breeding birds associated with the expansion of the parking area at Ma-le’l North, siltation into dune swales and freshwater/riparian swamp, and the associated impacts to suitable amphibian and reptile habitat

Page 10 of 13 MA-LE’L DUNES COOPERATIVE MANAGEMENT AREA ACCESS IMPROVEMENTS that could result from the proposed installation of a foot bridge and the wetland view deck, discussed above, and siltation into the Mad River Slough from construction of the kayak launch ramp, and potentially impacting water quality and associate with fish habitat. The above potential impacts to biological resources will be mitigated to a level of insignificance by implementing mitigation measures including: • Planned improvements would occur during the dry season in seasonal wetlands and would incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary. • During the breeding season for birds likely to breed in the Ma-le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers. • The FWS will implement Humboldt Bay wallflower seed collection from existing populations on the adjacent Lanphere Dunes Unit, and subsequent dispersal within newly restored areas of the Fernstrom-Root and Ma-le’l parcels. This measure is designed to facilitate the expansion of the wallflower within the CMA and mitigate for potential adverse impacts from off-trail foot traffic. The refuge will obtain a recovery permit. • All construction activities occurring within or adjacent to endangered plant areas would be supervised by Ma-le’l Dunes CMA resource managers and would take place outside of the growing season to avoid impacts to reproductive individuals. In addition, before the commencement of work and when species are clearly visible all occurrences of Humboldt Bay wallflower rosettes (reproductive season is approximately March 1 through the end of the summer), beach layia (reproductive season is March to May), Humboldt Bay owl’s-clover (reproductive season is May through July), Point Reyes bird’s-beak (reproductive season is approximately June 1 through end of summer), and other rare plant species located near construction areas would be flagged and the CMA resource managers would document any adversely affected individuals. • One hundred seventy-five square feet (175 ft2) of high salt marsh habitat (6.4 to 8.9 feet above mean-low-low-water) that is dominated by dense-flowered cordgrass (Spartina densiflora) would be restored with pickleweed (Salicornia virginica) and saltmarsh (Distichlis spicata) and maintained as such as mitigation for the installation of the canoe/kayak landing/launching ramp. • The development of a maintenance program for the forest trails in Ma-le’l North to help ensure that routine vegetation clearing does not adversely affect locally rare plants identified by the CMA resource managers. With regard to cultural resources, potential impacts to archaeological resources (artifacts and remains) have been identified and include a potential adverse change to the significance of archaeological resource or historic resource or property. Several pre-contact Wiyot and Old Nation use areas are known to exist within the project area, and artifacts are known to exist

Page 11 of 13 MA-LE’L DUNES COOPERATIVE MANAGEMENT AREA ACCESS IMPROVEMENTS throughout. There is the potential that increased foot traffic near cultural sites or wandering from designated trails by the public could negatively affect these resources. Additionally, it is possible that additional cultural sites or artifacts could be encountered during installation of proposed improvements. The potential impacts to cultural resources will be mitigated to a level of insignificance by implementing mitigation measures including: • In the event any undiscovered paleontological, archaeological, ethnic, or religious resources are encountered during grading or construction-related activities, in compliance with the state and federal law, all work within 100 feet of the resources shall be halted and the Plan applicants shall consult with a registered professional archaeologist and designated representative of the Wiyot Tribe to assess the significance of the find and formulate further mitigation. This would include coordination with the Native American Heritage Commission. The Native American Heritage Commission would contact the Wiyot Tribe, as deemed necessary, to assist in assessing the significance of any find. If any find is determined to be of significance, the BLM and FWS, and a qualified archaeologist would meet to determine the appropriate course of action. Pursuant to the California Health and Safety Code Section 7050.5, if human remains are encountered, all work would cease and the County coroner would be contacted. The county coroner and Native American Heritage Commission would be charged with determining if the human remains are of Native American origin. • Cultural monitors will be present during initial, native soil disturbance activities that occur at locations mutually agreed upon by the Wiyot Tribe, FWS, and BLM (as necessary) as areas of the greatest concern. • Regulatory signing would state that in accordance to federal and state laws, destruction, and defacement of historical objects (Penal Code 655-1/2 and Antiquities Act) and relevant federal law) and removal of human remains (California Public Resources Code (PRC) 5097.5, PRC 70550.5, California Code of Regulations (CCR) Section 15064.5(e) and Archaeological Resources Protection Act (ARPA) at 43 CFR 7, Native American Graves Protection and Repatriation Act (NAGPRA at 43 CFR 10) relevant federal law) is a punishable crime. Undesignated canoe and kayak landings located on the slough and within the project boundary would be re-vegetated and signed "No Landing/Re- vegetation in Progress." • As necessary, FWS, BLM and the Wiyot Tribal Governments would work collaboratively with a registered professional archaeologist to prepare a baseline review of the cultural resources that the Tribe and agency staff mutually agrees upon as the areas of greatest concern. Thereafter annual review with a registered professional archaeologist and designated representative of the Wiyot Tribal Governments would occur. Furthermore, Ma-le'l Dunes CMA managers would conduct regular monitoring to ensure against vandalism of cultural resources within mutually agreed upon areas of greatest concern. Results of cultural resources monitoring would be conveyed to the appropriate agencies and the Tribes. With respect to hydrology and water quality, potential impacts listed above (e.g., siltation and wetland impacts) have been identified, but these activities would not have a significant environmental impact due to conducting all work during the dry season in seasonal wetlands and

Page 12 of 13 MA-LE’L DUNES COOPERATIVE MANAGEMENT AREA ACCESS IMPROVEMENTS incorporate Best Management Practices, such as conducting work during low tide and using silt fencing, to control sediment transport. The access improvement project will not cause environmental impacts that are cumulatively significant. With the intended mitigations, staff believes that the potentially significant effects will be reduced to a level of insignificance. The required mitigations will be monitored through a Mitigation Reporting Program (Exhibit 4), consistent with Public Resources Code Section 21081.6. Specifically, the mitigation and monitoring program requires that all of the mitigation measures outlined in the Mitigated Negative Declaration be implemented. FWS and BLM, as landowners and managers, will be responsible for monitoring project implementation to ensure that mitigation measures are being incorporated. Staff therefore recommends that the Conservancy find that the project, as mitigated, will not have a significant effect on the environment. Following the Conservancy’s action, staff will file a CEQA Notice of Determination.

Page 13 of 13 Exhibit 1: Project Location and Site Map

Project Location

Exhibit 1: Project Location and Site Map

Exhibit 2: Access Management Plan

Final Ma-le’l Dunes Cooperative Management Area Public Access Plan March 2008

Prepared for: State Coastal Conservancy 1330 Broadway, 11th Floor Oakland, CA 94612

Prepared by: HWR Engineering & Science P.O. Box 165 Arcata, CA 95518

Prepared in U.S. Fish & Wildlife Service consultation with: Humboldt Bay National Wildlife Refuge 6800 Lanphere Road Arcata, CA 95521

U.S. Department of the Interior Bureau of Land Management 1695 Heindon Road Arcata, CA 95521 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Access Plan

Client Group Planning Team California Coastal Conservancy Lead Consultant and Document Authors 1330 Broadway, 11th Floor HWR Engineering & Science Oakland, CA 94612 P.O. Box 165 Arcata, CA 95518 Advisory Group Interpretation and Planning Consultant U.S. Fish & Wildlife Service Friends of the Dunes Humboldt Bay National Wildlife Refuge Arcata, CA 6800 Lanphere Road Arcata, CA 95521 GIS Consultant Pacifi c Watershed Associates U.S. Department of the Interior Arcata, CA Bureau of Land Management 1695 Heindon Road Topographic Survey and Mapping Consultant Arcata, CA 95521 SHN Consulting Engineers & Geologists Eureka, CA

Recreation Planning Consultant Redwood Community Action Agency Eureka, CA

All photos by Laura Kadlecik or Mike Wilson of HWR Engineering and Science unless otherwise noted.

Manila, California March 2008 I Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Access Plan Contents Executive Summary ...... VI 1.0 Introduction ...... 1-1 1.2 Project Goals and Objectives ...... 1-1 1.3 Project Scope ...... 1-2 1.3.1 Project Area ...... 1-2 1.3.2 Plan Content and Organization ...... 1-3 1.4 Project Stakeholders ...... 1-6 1.4.1 Land Holding Agencies ...... 1-6 1.4.2 Other Stakeholders ...... 1-7 1.5 Planning Process for the Public Access Plan ...... 1-9 1.6 Environmental Compliance ...... 1-10 2.0 Setting ...... 2-1 2.1 Existing Site Conditions...... 2-1 2.1.1 Land Form and Climate ...... 2-1 2.1.2 Biological Resources ...... 2-2 2.1.3 Cultural Resources ...... 2-7 2.2 Land Use History of the Cooperative Management Area ...... 2-7 2.2.1 Pre-settlement History ...... 2-7 2.2.2 Euro-American Settlement ...... 2-8 2.2.3 Conservation History ...... 2-8 2.3 Legal Aspects ...... 2-12 2.3.1 Zoning, Relevant Applicable Land Use Plans ...... 2-12 2.3.2 Public Access, Prescriptive Rights and Easements ...... 2-15 2.3.3 Existing Interagency Agreements ...... 2-15 3.0 Existing Use and Access Infrastructure ...... 3-1 3.1 Existing Public Uses ...... 3-1 3.1.1 Ma-le’l South ...... 3-1 3.1.2 Ma-le’l North ...... 3-1 3.2 Existing Access Infrastructure ...... 3-2 3.2.1 Ma-le’l South...... 3-2 3.2.2 Ma-le’l North ...... 3-8 4.0 Recommended Public Use and Access Improvements ...... 4-1 4.1 Types of Recreational Use ...... 4-1 4.1.1 Pedestrian Use ...... 4-2 4.1.2 Horseback Riding ...... 4-2 4.1.3 Dog Walking ...... 4-2 4.1.4 Camping and Nighttime Use ...... 4-2 4.1.5 Special Group Camping Events ...... 4-3 4.1.6 Plant Gathering ...... 4-3 4.1.7 Traditional Resource Gathering ...... 4-3

Manila, California March 2008 II Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Access Plan

4.1.8 Kayak and Canoe Launching & Landing...... 4-3 4.1.9 Fishing ...... 4-4 4.1.10 Motorized and Non-Motorized Vehicle Use ...... 4-4 4.1.11 Restoration Activities ...... 4-4 4.1.12 Educational Activities ...... 4-4 4.1.13 Access for People with Disabilities ...... 4-4 4.2 Estimated Use Levels ...... 4-5 4.3 Access and Circulation ...... 4-5 4.3.1 Motorized Vehicle ...... 4-5 4.3.2 Bicycle Access ...... 4-6 4.3.3 Gates and Gateway ...... 4-6 4.3.4 Pedestrian Access ...... 4-7 4.3.5 Kayak and Canoe Access ...... 4-7 4.4 Access Infrastructure ...... 4-7 4.4.1 Parking Areas and Amenities...... 4-7 4.4.2 Vault Toilets...... 4-12 4.4.3 Kayak and Canoe Loading and Launching Ramp ...... 4-12 4.4.4 Caretaker Trailer Pad ...... 4-13 4.4.5 Trail Routes ...... 4-13 4.4.6 Trail Amenities ...... 4-21 4.4.6 Fencing ...... 4-22 4.5 Signing, Interpretation, and Information ...... 4-24 4.5.1 Signing Plan ...... 4-24 4.5.2 Interpretation and Information ...... 4-34 5.0 Access Operations and Management ...... 5-1 5.1 Agency Coordination and Cooperative Agreements ...... 5-1 5.2 Visitor Management ...... 5-3 5.2.1 Visitor Records ...... 5-3 5.2.2 Visitor Census ...... 5-4 5.2.3 Caretaker ...... 5-4 5.2.4 Traffi c and Parking ...... 5-5 5.3 Enforcement and Security ...... 5-5 5.4 Adaptive Management ...... 5-6 6.0 Public Access Plan Implementation ...... 6-1 6.1 Implementation Strategies ...... 6-1 6.1.1 Phase One ...... 6-1 6.1.2 Phase Two ...... 6-3 6.2 Implementation Costs ...... 6-3 6.3 Funding Strategies ...... 6-4 6.3.1 State Funding Sources ...... 6-4 6.3.2 Federal Funding Sources ...... 6-7 6.3.3 Local Funding Sources ...... 6-7 7.0 References ...... 7-1 Manila, California March 2008 III Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Access Plan

Maps and Illustrations Figure 1-1 Site Location Map ...... 1-4 Figure 1-2 Ma-le’l Dunes Cooperative Management Area Map ...... 1-5 Figure 2-1 Shaded Relief Topographic Map ...... 2-3 Figure 3-1 Existing Features Map ...... 3-3 Figure 4-1 Proposed Access Improvements Map ...... 4-9 Figure 4-2 Proposed Improvements to Ma-le’l North Parking Area ...... 4-11 Figure 4-3 Kayak and Canoe Ramp Cross Section ...... 4-13

Figure 4-4 Trail Map ...... 4-15 Figure 4-5 Cross-section of Erosion Control Along the Trails Adjacent to Mad River Slough ...... 4-20 Figure 4-7 Wetland View Deck Conceptual Elevation ...... 4-23 Figure 4-8 Ma-le’l Dunes Cooperative Management Area Signage Plan ...... 4-29

Appendices A. Current Access Road Maintenance Method B. Wiyot Trail Names C. Shared Maintenance Responsibilities and Costs D. Implementation Tasks Phase One and Two E Implementation Cost Estimates

Manila, California March 2008 IV Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Access Plan

Acronym List ACEC Area of Critical Environmental Concern ADA Americans with Disabilities Act ATV All Terrain Vehicle BLM United States Department of Interior-Bureau of Land Management CalDAG California Disabled Accessibility Guidebook CCC California Conservation Corps CCP Comprehensive Conservation Plan CCT California Coastal Trail CDC California Department of Corrections CDF California Department of Forestry CDFG California Department of Fish and Game CEQA California Environmental Quality Act CMA Cooperative Management Area CNLM Center for Natural Lands Management CNPS California Native Plant Society EA Environmental Assessment EEM Environmental Enhancement and Mitigation FOD Friends of the Dunes FONSI Finding Of No Signifi cant Impact GIS Geographic Information System HAF Humboldt Area Foundation HBMWD Humboldt Bay Municipal Water District HCBDMP Humboldt County Beach and Dunes Management Plan HDO High-Density Overlay Plywood HSU Humboldt State University IS Initial Study LP Louisiana Pacifi c LWCF Land and Water Conservation Fund MHHW Mean High, High Water MND Mitigated Negative Declaration MOU Memorandum of Understanding NEPA National Environmental Policy Act NOAA National Oceanographic Atmospheric Association NWRC National Wildlife Refuge Complex OHV Off -Highway Vehicle PG & E Pacifi c Gas and Electric RCAA Redwood Community Action Agency RGC Redwood Gun Club SCC State Coastal Conservancy SHPO State Historic Preservation Offi ce SPI Sierra Pacifi c Industries TBR Table Bluff Reservation TNC The Nature Conservancy USACOE United States Army Corps Of Engineers USDA United States Department of Agriculture USFWS United States Fish and Wildlife Service

Manila, California March 2008 V Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan Executive Summary

This Ma-le’l Dunes Public Access (Plan) was prepared for the State Coastal Conservancy (SCC) in order to facilitate the cooperative development of the proposed Ma-le’l Dunes Cooperative Management Area (CMA) for the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service (USFWS). This area consists of approximately 444 acres of public land owned by the two agencies along a mile and a half of coastline within the Humboldt Bay dune system. It contains signifi cant cultural resources and a unique association of coastal dune, wetland and estuarine ecosystems and it is bordered by a number of diff erent land uses, including a public shooting range and an active timber mill. The dynamic nature of the dune system can clearly be seen at the slip The entire Ma-le’l Dunes CMA will be open for hiking and associated face of moving dunes”. activities, including scenic and wildlife viewing and photography. Ma-le’l South, owned by BLM and occupying 154 acres, is also open to the public for horseback riding and dog walking, as well as seasonal vegetation gathering and traditional gathering by special permit. Ma-le’l North, owned by USFWS and occupying 290 acres, will also be open to the public for canoe and kayak landing and launching and traditional gathering. Off - highway vehicle use and fi rearms, except for legal waterfowl hunting, will continue to be prohibited throughout the CMA. This document contains an evaluation of existing access facilities throughout the proposed Ma-le’l Dunes CMA, including recent improvements on Ma- le’l South. It also presents a series of recommendations to improve safe and orderly public access throughout the area. The recommendations address the installation and/or upgrade of roads and parking areas, coastal access trails and trail amenities, informational and interpretive signing, and publications. The recommendations will serve as the basis for construction drawings, a signing program, educational and interpretive publications, interagency collaboration, and future funding requests. Subsequent to a completed environmental review process and the receipt of the required permits from appropriate agencies, public safety components of the Plan will be implemented fi rst, as Phase One improvements. Phase Two improvements will enhance the experience of visitors to the area and will be implemented as funding allows. To facilitate cooperation and coordinated management for public access between BLM and USFWS, the agencies will need to enter into one or more interagency agreements. Separate cooperative agreements may be necessary to delineate services between the two agencies and the large landholding entities adjacent to the CMA. These agreements will facilitate interim public use prior to the completion of the USFWS Comprehensive

Manila, California March 2008 VI Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Conservation Plan (CCP) and the BLM Resource Management Plan Amendment. Revisions to the Plan

In February 2007, the California State Coastal Conservancy, Lead State Agency for this project under the California Environmental Quality Act (“CEQA”), circulated for a 30-day public review and comment period the Draft Access Plan for the Ma-le’l Dunes Cooperative Management Area, and the Initial Study/Environmental Assessment (“IS/EA”), prepared as a joint State and Federal environmental impact review document under CEQA and the National Environmental Policy Act (NEPA). As a result of public comments received some changes have been made to the Draft Access Plan and accordingly to Alternative A – The Proposed Plan in the Draft IS/EA. Responses to public comments received during the fi rst comment period are included in the new IS/EA as an addendum. The most signifi cant change to the plan consists of allowing vehicular access to the Ma-le’l North parking area only from Friday through Monday of every week. From Tuesday through Thursday, pedestrian access will continue to be allowed, however visitors will need to park at the Ma-le’l South Parking area (or ride a bicycle to the Ma-le’l North parking area). This change was incorporated in response to the signifi cant level of public comment requesting a more solitary, wilderness experience during some parts of the week. It is expected that this change will result in decreased use of the Ma-le’l North area compared with the original proposed alternative. Other minor changes have been made to partially accommodate traditional overwater hunting uses within the Mad River Slough. Many individuals and user groups responded to the draft plan and IS/ EA, representing a continuum of interests including pedestrian use, dog access, equestrian use, hunting access and boating access. The agencies made a sincere attempt to strike a balance between the many desired uses of the site.

Manila, California March 2008 VII Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan 1.0 Introduction

Funded by a grant from the State Coastal Conservancy (SCC), HWR Engineering and Science conducted an assessment of the existing access facilities and created this Ma-le’l Dunes Cooperative Management Area Public Access Plan (Plan) in order to recommend improvements that will assist the BLM and USFWS in cooperatively developing and managing their respective properties within the project area for public access. This Plan presents the proposed improvements as a coordinated, cooperative plan that Photo by Andrea Pickart refl ects the goals, priorities, and timelines of each agency. As the dunes move, they bury old forests creating a landscape of At the heart of this project is a desire by the local community, the agency “skeleton trees.” landholders, and the SCC to have the public experience the unique natural diversity contained within the project area and to appreciate the cultural heritage of the local Wiyot Indian people who have inhabited the Humboldt Bay region for over a thousand years. It is hoped that by experiencing the area and learning about it, the local community and other visitors will become good stewards of the area and will help to preserve its unique diversity for generations of north coast residents to enjoy.

1.2 Project Goals and Objectives The BLM and USFWS have similar goals for the area, which are to protect the natural and cultural resources of the area and provide public access for recreation, education and research activities. These goals are consistent with the goals of the SCC, which are to “protect, restore and enhance coastal resources and to provide access to the shore.” The goal of this Plan is to propose actions that will accommodate safe, orderly, and open public public access throughout the 444 acre Ma-le’l Dunes CMA and a range of recreational opportunities that minimize to the extent practicable any adverse impacts to the natural and cultural resources of the area. To realize this goal, the Plan has the following objectives: • Recommend public access facility improvements necessary to support recreational activities such as hiking, sightseeing, wildlife viewing, picnicking, dog walking, horseback riding, passive boating and ADA accessibility; • Incorporate provisions for the safety and well being of visitors to the area; • Minimize impacts to native dune plant communities, coastal wetland habitat, salt marsh habitat, populations of endangered Humboldt Bay wallfl ower and beach layia, and cultural resources; • Recommend interpretive, informational signing, such that the visitor

Manila, California March 2008 1-1 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

has a unique experience when visiting the BLM and USFWS properties; • Recommend interpretive information that fosters public awareness and appreciation of the area’s natural and cultural resources via local publications, educational brochures, and wayside exhibits; • Intensively manage for increased visitor use levels over the next ten years; • Suggest format and content of cooperative management agreements between agencies and organizations involved in planning, management, enforcement, biological research, and public outreach; Open sands will have unrestricted • Identify strategies for implementing and maintaining public access to pedestrian access. the area; • Identify potential sources of funding for recommended infrastructure improvements.

1.3 Project Scope Aside from the 42-acre BLM Buggy Club/Khoaghali parcel and the areas of open sand where off road vehicles were previously permitted, the area contained within the proposed Ma-le’l Dunes CMA is approximately the same area previously known as the Mad River Slough and Dunes CMA, which was open from 1990 to 1994. During that time, the area was managed for public pedestrian access, public education, and resource protection. Access elements included an access road, a parking area, a caretaker, public trails, a trail brochure and educational programs. Public access was based on the agreement between The Nature Conservancy (TNC), Louisiana–Pacifi c (LP), and BLM. The recreational public use levels, programs, and activities that are proposed for the Ma-le’l Dunes CMA are very similar to these pre-existing uses of the area. Recommendations contained within this Plan are in many cases a result of deferred maintenance to the roads and trails that were used when the area was previously open. In some cases the recommendations are intended to increase public access throughout the area, or to enhance the infrastructure already in place. The recommendations are conceptual with detail adequate to begin construction drawings, initiate the permit process, or begin graphic layout. A topographic survey was conducted and topographic map produced to assist in the design and implementation phase of work.

1.3.1 Project Area

The Ma-le’l Dunes CMA is located approximately one mile north of the unincorporated town of Manila, in Humboldt County, California, on the

Manila, California March 2008 1-2 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan north spit of Humboldt Bay (also known as the Samoa Peninsula). It is approximately three miles west of the City of Arcata and fi ve miles north of Eureka. It is west of the Mad River Slough, generally north of the Mad River Slough Bridge on Hwy 255, and south of the Lanphere Dunes Unit of the Humboldt Bay National Wildlife Refuge (NWR). Adjacent properties are occupied by Sierra Pacifi c Industries (SPI), which is an active timber mill, the Redwood Gun Club (RGC), which is a private shooting range, and a group of residential properties. The project site location map is illustrated in Figure 1-1. The Ma-le’l Dunes CMA is illustrated in Figure 1-2. The CMA comprises 444 acres along approximately one and a half miles of coastline and contains areas owned by two federal agencies. BLM owns and manages the southern 154 acres of the Ma-le’l Dunes CMA. This portion is known throughout this document as Ma-le’l South; it consists of the 112-acre Manila Dunes Area of Critical Environmental Concern (ACEC) and a 42-acre property formerly owned by the Humboldt Buggy and ATV Association (a.k.a. Buggy Club) which was formerly known as the Khoaghali parcel. USFWS owns and manages the northern 290 acres of the Ma-le’l Dunes CMA. This portion is known throughout this document as Ma-le’l North, and includes the newly created Ma-le’l Dunes Unit of the Humboldt Bay National Wildlife Refuge Complex (Humboldt Bay NWRC). It is comprised of the 130-acre Fernstrom- Root property, (formerly part of the Lanphere Dunes Unit of Humboldt Bay NWRC), a 160-acre property formerly owned by the Buggy Club, and includes a one-mile stretch of roadway.

1.3.2 Plan Content and Organization Chapter 2 describes the setting of the planning area, including the site conditions, land use history, legal aspects and other local plans aff ecting the area. Chapter 3 describes the existing uses and the status of existing infrastructure throughout the area. Chapter 4 contains a brief description of the estimated levels of use the area is expected to receive and then describes the recreational uses or land use allocations that will be allowed for the area and the access improvements to accommodate such use. Chapter 5 presents operations and management strategies for managing public access, including interagency and private partner coordination and interagency agreements, visitor management, security and enforcement, maintenance responsibilities, and other considerations. Chapter 6 describes phased implementation strategies and includes a schedule, and a list of potential funding sources.

Manila, California March 2008 1-3 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Manila, California March 2008 1-4 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Manila, California March 2008 1-5 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan 1.4 Project Stakeholders The Ma-le’l Dunes CMA is associated with various entities that own or manage property or programs immediately adjacent to it, or who utilize the resources for activities such as sport hunting or oyster harvesting, and therefore have a vested interest in the management and use of the area. In addition to BLM and USFWS, these entities include the Wiyot Tribe, Friends of the Dunes (FOD), Sierra Pacifi c Industries (SPI), Redwood Gun Club (RGC), Humboldt Bay Municipal Water District (HBMWD), adjacent residents, and other users including sport hunters and oyster farmers. Below is a discussion of each entity and its relationship to the cooperative access planning process.

1.4.1 Land Holding Agencies Bureau of Land Management (BLM) The Ma-le’l Dunes CMA properties fall within the BLM Samoa Peninsula Management Area under the guidance of the BLM Arcata Resource Management Plan. It is the agency’s over arching mission to sustain the health, diversity and productivity of the public lands for the use and enjoyment of present and future generations. The BLM-owned parcels of the Ma-le’l Dunes CMA will allow for limited recreational activities as defi ned in their Arcata Resource Management Plan and subsequent amendments, and on the uses outlined in this Plan.

U.S. Fish & Wildlife Service-Humboldt Bay National Wildlife Refuge (USFWS-Humboldt Bay NWR) The USFWS–Humboldt Bay NWRC was established with the mission to protect fi sh and wildlife resources of national importance while providing opportunities for the public to appreciate and enjoy the natural heritage of the Humboldt Bay region. Along with other public and private lands around Humboldt Bay, Humboldt Bay NWRC helps this area remain one of the key points for the millions of migratory birds that rely on the Pacifi c Flyway. The refuge includes the Lanphere Dunes Unit which is immediately north of the Ma-le’l Dunes CMA. It contains the most pristine remaining dune ecosystem in the Pacifi c Northwest and supports rare and representative examples of older forested dunes, young active dunes, dune swale wetlands, and coastal salt marsh. With the recent transfer of the adjoining former Humboldt Buggy parcel to the south by the Center for Natural Lands Management, the USFWS-Humboldt Bay NWRC has been expanded by 160 acres. This 160 acres is being combined with 130 acres of dune and forested dune habitat that was previously managed as

Manila, California March 2008 1-6 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

part of the Lanphere Unit. Combined, the 290 acres are being managed as the USFWS-Humboldt Bay NWR Ma-le’l Dunes Unit and are synonymous with the Ma-le’l North properties of the Ma-le’l Dunes CMA. Public use of the new unit is based on a pre-aquisition compatibility determination (discussed further in section 2.3.1) and the uses outlined in this Plan. Currently, the USFWS is reviewing compatibility of uses, including hunting, for its Ma-le’l Dunes CMA Unit under its CCP process, anticipated to be completed in 2009. The CCP process is a public process which includes a public review component.

1.4.2 Other Stakeholders Table Bluff Reservation-Wiyot Tribe (Wiyot Tribe) The Ma-le’l Dunes CMA is located within the ancestral territory of the Wiyot Tribe, whose people and ancestors have inhabited the Humboldt Bay region for over a thousand years. Within their large coastal territory, which historically extended from Little River to Bear River, and inland to the fi rst set of mountains, the Wiyot were able to hunt and gather a wide variety of plant and animal resources. Today, the Wiyot people continue to live throughout the Humboldt Bay region and continue to fi sh and gather materials here. The Wiyot Tribe has over 500 members, over 60 of which live on the Table Bluff Reservation located in Loleta, along the shores of southern Humboldt Bay. Many of the other local tribes have members of mixed Wiyot ancestry. Several Wiyot villages are known to have existed along the northern spit of Humboldt Bay. Therefore, the Ma-le’l Dunes CMA vicinity has cultural and historical signifi cance to the Wiyot Tribe. The Tribe would like to ensure the protection of the cultural resources that exist within the area and maintain their right to access and gather plant resources traditionally used for food, fi ber, and medicine.

Friends of the Dunes (FOD) FOD is a local non-profi t organization dedicated to conserving the natural diversity of coastal bay and dune environments through community - supported education and stewardship programs. Their stewardship program consists of involving community volunteers in restoring coastal dune habitats; creating cooperative relations with coastal landowners, conservation organizations, and management agencies to promote the implementation and development of ecologically sound management practices; and advocating for coastal land use that is consistent with the ecological values of native coastal dune systems. In addition, FOD now serves as a land trust, able to receive

Manila, California March 2008 1-7 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

donations of coastal properties and conservation easements. FOD plays a lead role in dune-related environmental education and awareness and is actively involved in restoration and education programs at the Ma-le’l Dunes CMA. FOD has also provided extensive planning assistance in the development of this Plan.

Redwood Gun Club (RGC) RGC is a non-profi t, private range facility where local community members can learn proper fi rearms handling, hunter safety, fi rearms marksmanship, and practice the various competitive shooting disciplines in a safe and organized environment. The RGC owns property that is situated on the west side of the Ma-le’l Dunes access road between Ma-le’l North and Ma- le’l South. The club will share the access road with Ma-le’l Dunes visitors and has been actively engaged in access planning in order to promote public safety and awareness, as well as roadway maintenance.

Sierra Pacifi c Industries (SPI) SPI Arcata Division Sawmill is located on New Navy Base Road (Highway 255) at the northwest end of Arcata Bay and to the west of Mad River Slough. The facility stores, manufactures, and distributes wood products that are manufactured from logs harvested from various domestic timberlands in the coastal region. The site was undeveloped land, consisting of sand dunes and mud fl ats, until approximately 1950 when SPI converted it into a lumber mill. The mill site was expanded in 1971 and operations continue today. Log decks line the western boundary of the mill site and lie adjacent to a signifi cant stretch of the USFWS-owned access road, across from RGC property. Safety and trespassing issues in relation to recreational visitors is a concern for SPI.

Humboldt Bay Municipal Water District (HBMWD) HBMWD is a wholesale water agency that serves the greater Humboldt Bay area including the cities of Eureka, Arcata and Blue Lake, as well as Community Service Districts serving unincorporated areas such as McKinleyville, Cutten, Fairhaven, Fieldbrook, Glendale and Manila. The HBMWD operates an underground industrial pipeline that runs north-south along the Samoa Peninsula, through a portion of the Ma-le’l Dunes CMA, and terminates at the Trusdale Pump Station on the east side of Humboldt Bay. The pipeline carries fi ltered water that serves as an alternate water supply for the City of Eureka. HBMWD staff access the pipeline easement within the Ma-le’l Dunes CMA for monthly maintenance inspections. District staff regularly access the easement via the RGC property. HBMWD has an interest in preserving the integrity of the pipeline from potential

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impacts associated with recreational use at Ma-le’l Dunes CMA.

Adjacent Residents/Landowners The Ma-le’l Dunes CMA lies in the community services district of the unincorporated town of Manila. Approximately ten private residences are situated immediately adjacent to the CMA along Young Lane and the Ma- le’l Dunes access road. Any changes in recreational use levels and patterns will have a direct impact on this residential neighborhood. Resident concerns were paramount in addressing safety and visitor access fl ow in the Plan. Other Users - Sport Hunters and Shellfi sh Industry Sport hunters utilize the slough and the salt marsh islands for hunting a variety of waterfowl. and the slough is used by the shellfi sh industry for oyster farming. Representatives of both these groups have provided valuable comments to this plan, and their input has been considered in the revisions herein. Specifi c concerns as relate to the use and management of the salt marsh islands for sport hunting will be addressed by the USFWS during the CCP process that is currently underway for its Ma-le’l Dunes CMA Unit and expected to be completed in 2009. As the slough waters are not owned or managed by USFWS or BLM, but are adjacent to lands owend by USFWS, communication will remain open and active with the shellfi sh industry representatives to allow for adaptive management of activities that are conducted on the slough waters, such as kayaking or canoeing.boating .

1.5 Planning Process for the Public Access Plan In 2004, the SCC allocated funds to prepare a Ma-le’l Dunes CMA public access plan that would evaluate past and current uses of the properties within the project area and make recommendations for future access and improvements to support such access. In October 2004, HWR Engineering and Science with FOD were engaged by the SCC and began collaborating with BLM and USFWS staff and local stakeholders. The planning eff ort was executed by (including but not limited to) the following steps: • Tours of respective properties with agencies and subsequent meetings with agency staff to identify cooperative management opportunities, expectations, and issues. • Inventory of opportunities and constraints; evaluation of existing infrastructure via several site visits; compilation of biological data, and review of existing educational brochures and applicable regional planning documents.

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• Outreach to various stakeholder groups including: 1) Dunes Forum members (which included members of the Humboldt Coastal Coalition and other citizen groups) via representation at Dunes Forum regular meetings; 2) representatives of the Wiyot Tribe; 3) “large” adjacent land owners (RGC, HBMWD, SPI) via a special meeting; and 4) residents living adjacent to or along Young Lane via a special meeting. During the outreach eff orts and meetings, handouts and maps describing the project area were distributed, access plan process and goals were reviewed, and stakeholder concerns were solicited and recorded. • Follow-up telephone interviews and written correspondence with members of stakeholder groups. • Coordination of a topographic survey and production of topographic and GIS maps of the area. • Consultations with regulatory agencies, including USFWS, California Department of Fish and Game, and the California Coastal Commission. • Creation of draft recommendations and, where appropriate, conceptual specifi cations. • Review of public access plan recommendations by BLM, FWS and the SCC. • Public meeting and review comment period to receive public input to the Plan. • Follow up meeting with waterfowl hunters and discussions with shellfi sh industry representatives. 1.6 Environmental Compliance Several environmental compliance requirements already have been fully or partially completed for the project. These include the Ma-le’l Dunes Access Improvements Environmental Assessment (USDI-BLM, 2004a) and the Biological Assessment for the Ma-le’l Dunes Access Improvements for Interim Management (USDI-BLM, 2004b), which were completed in July 2004 as part of the establishment of a parking and day use picnic area in the Ma-le’l South portion of the CMA. The documents evaluated the improvements listed below and found that they would not have any signifi cant adverse impacts to the human or physical environment. These improvements are considered existing conditions within this plan. • Improved access route • Delineating existing hiking trails • New entrance gate (as per Figure 2 of EA AR-04-14) • Day use picnic area • Delineating existing equestrian trails (as per Figure 2 of EA AR-04- • Picnic tables 14) • Grills • Horse access on designated trails • Vault toilet only • Information kiosk • Prohibition of OHV, fi rearms • Signs • Removing old pavilion, fences

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In order to meet state and federal environmental review requirements, a joint California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) document has been prepared and is a companion document to this Plan. It evaluates and discloses potential environmental impacts of the proposed improvements and is entitled the Ma-le’l Dunes Initial Study (IS)/Environmental Assessment (EA). The continued operation of the existing access improvements and land use allocations at Ma-le’l South, including those listed above, will undergo environmental review along with the actions proposed in this Plan. The implementation of this Plan has been designed to avoid any un-mitigatable signifi cant impacts, as defi ned under CEQA and NEPA. It is anticipated that environmental impacts will be addressed within a joint Mitigated Negative Declaration (MND) prepared pursuant to CEQA and a Finding of No Signifi cant Impact (FONSI) prepared pursuant to NEPA. Specifi c permits, authorizations, and notifi cations anticipated to be required for implementation of this Plan may include the following: • Biological Opinion from USFWS under Section 7 of the Endangered Species Act; • Consistency Determination from California Department of Fish and Game (CDFG) under Section 2080.1 of the California Endangered Species Act; • Nationwide 36 permit from the US Army Corps of Engineers; • Consistency Determination from the California Coastal Commission; • Permit from the Humboldt Bay Harbor, Recreation and Conservation District; and • Federal Migratory Bird Treaty Act consultation • Section 305 Consultation concurrent with Section 7 with National Marine Fisheries Service • Fish & Game Code Sections 3503 and 3503.5 Bird Nest Protection such as osprey consultation with the California Department of Fish and Game • Fish & Game Code Sections 3511, 4700, 5050 and 5515 fully protected animals consultation with the California Department of Fish and Game • Section 307 permit for projects located within the Coastal Zone with the California Coastal Commission • Section 401 Water Quality Certifi cation with the North Coastl Regional Water Quality Control Board • General Construction Water Discharge Requirements for construction activities covering over one acre. with the State Water Resources Board • Section 106 consultation for record search and Field Surveys with the State and Tribal Preservation Offi ce

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Ma-le’l Dunes Cooperative Management Area Public Access Plan 2.0 Setting The Ma-le’l Dunes CMA contains unique natural, visual and cultural resources and a number of valuable features that present opportunities for developing an outstanding public access area. Features include a unique association of coastal dune, wetland, and estuarine ecosystems that host eleven diff erent plant habitats within a relatively small area, historic beach and dune trails, an access road, the adjacent Mad River Slough, and the proximity of urban and sub-urban communities. These features are also Andrea Pickart largely responsible for the area’s unique land use history. This chapter The herbaceous community commonly known as dune mat is an presents background information about the geomorphic and biological association of low-growing native conditions of the site and its pre-historic, historic and current land use. plants. It dominates the nearshore dune ridges, providing a diverse fl oral display from April through September. 2.1 Existing Site Conditions The following section describes the existing physical and biological conditions at the Ma-le’l Dunes project site. Biological and cultural resources are addressed here only as they specifi cally aff ect planned activities and access improvements. For a more thorough discussion, refer to the companion IS/ EA document.

2.1.1 Land Form and Climate The Ma-le’l Dunes CMA consists of a portion of the dune-slough ecosystem that comprises the upper Samoa Peninsula, or North Spit. The Samoa Peninsula is a roughly 20-mile sand spit that extends from the jetty to the mouth of the Mad River, eff ectively enclosing the northern portion of Humboldt Bay. The North Spit is a relatively mature dune system that contains a diversity of landforms. Typically, the dune system begins at the beach strand with a foredune, which is the fi rst rise of sand parallel with the beach above the mean high tide. Behind the foredune is a series of dune ridges and swales that are oriented parallel to prevailing wind direction. Collectively, the foredune ridges and swales are referred to as the nearshore dunes. East of the nearshore dunes is a defl ation plain, which grades into large parabolic moving dunes (Pickart and Barbour, In Press). Older dunes, located east of the moving dunes, consist of stabilized parabolas, ridges and depressions that support coniferous coastal forest on the uplands and deciduous forest or marsh in the low laying wetlands. The marshes, mudfl ats and open channel of the Mad River Slough occupy the far east of the site. Figure 2-1; Site Topographic Map, illustrates the diverse topography of the project area. The Mad River Slough is a narrow extension of the bay that separates the project site from the mainland and the Arcata Bottoms. The northern portion

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Ma-le’l Dunes Cooperative Management Area Public Access Plan of Ma-le’l North is adjacent to the main stem of the Mad River Slough channel, while the southern portion is bordered by a branch of the slough that is inundated only at high tide. The mouth of the slough is adjacent to the Ma-le’l South portion of the project area. The maritime climate of coastal Humboldt County is characterized by high relative humidity the entire year, and is maintained throughout the dry season, May through September, by fog and clouds. The annual average precipitation from 1971 to 2000 at the Eureka, CA weather station was 38.32 inches. Approximately 90% of annual precipitation falls during the rainy season, which begins in October and continues through April. Temperatures on the coast remain mild and moderate throughout the year. The mean Rob Irwin annual temperature for 1971 to 2000 was 52.9°F, with a maximum and Approximately 40 species of bees occur in the Humboldt Bay Dunes, minimum annual temperature of 59.3°F and 46.4°F, respectively (NOAA, some of which are unique to the 2005). dunes, (Nyoka, 2005,).

2.1.2 Biological Resources The diversity in landforms at the Ma-le’l Dunes CMA supports a complex of unique coastal dune, wetland, and estuarine communities within a relatively small area. The area contains eleven habitat types: foredunes, dune swales, moving dunes, freshwater marsh and swamp, riparian forest, coniferous forest, brackish marsh, salt marsh, intertidal mudfl ats and subtidal channel.

Vegetation Types

Native Vegetation Types The nearshore dunes located within the Ma-le’l Dunes CMA support three native plant communities: Native Foredune Grassland, dune mat, and dune swale (Pickart and Sawyer, 1998). Northern Foredune Grassland is recognized by the California Department of Fish and Game Diversity Database as globally endangered, meaning less than 2,000 acres of the community exist worldwide. Dune mat vegetation within the CMA occurs on dune ridges and locally elevated areas of inter-dune swales and the defl ation plain. East of the open sand of the moving dunes, stabilized dunes are characterized by coniferous forest, deciduous swamp, and freshwater marsh. Along the east border of Ma-le’l North brackish and salt marshes occur. The Northern Coastal Salt Marsh is globally threatened. Locally, Humboldt Bay has lost 90% of its historic salt marsh (Pickart, 2001).

Non-native Invasive Plant Species Invasive plants not native to the Humboldt Bay region but occurring at the Ma-le’l Dunes CMA include European beachgrass (Ammophila arenaria),

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Figure 2-1 Shaded Relief Topographic Map

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Yellow bush lupine (Lupinus arboreus), English Ivy (Hedera helix), iceplant (Carpobrotus spp), purple ragwort (Senecio elegans) and pampas grass (Cortaderia jubata) (USDI-BLM, 2004a, EDAW, 2005). All of these species except English ivy occur in the foredune complex where they displace native foredune grassland and dune mat vegetation. English ivy occurs in the coniferous forest. Eff orts to eradicate non-native species from the foredunes and forest have been underway for several years on the BLM Manila Dunes and the FWS Fernstrom-Root parcels, and have been very successful. The agencies have begun to focus restoration eff orts on their new respective acquisitions, i.e. the two former Buggy Club parcels. This work is the subject of agency specifi c restoration plans and species recovery plans.

Wildlife Resources The diverse dune habitat of the Ma-le’l Dunes CMA supports a faunal assemblage, including small mammals and birds, carnivores, insects, An osprey nest sits atop of a snag reptiles and amphibians. Terrestrial mammals that can be found in the on Ma-le’l North. area are coyotes, gray foxes, raccoons, weasels, skunks, voles, wood rats, mice (deer, harvest and jumping), shrews, moles, brush rabbits, jackrabbits, and the introduced opossum and feral cat. Flying mammals in the area probably include the big brown bat, California myotis, and Yuma myotis (USDI-BLM, 2004a). The Ma-le’l Dunes are rich with bird life. A wide variety of shorebirds occupy the beaches, including sanderlings, killdeer, whimbrel, dunlin, gulls, and western and least sandpipers, as well as Caspian tern. Birds of prey such as Northern harriers and white-tailed kites often can be seen above the dune area. A variety of songbirds have also been observed in nearby dunes including American goldfi nches, Swainson’s thrush, and a variety of sparrow and chickadee species (USDI-BLM, 2004a, personal communication Ron LeValley, 2005). An active osprey nest exists in a snag located near a freshwater marsh within the coniferous forest of the Ma-le’l North portion of the CMA. The nest tree is easily visible from the Ma-le’l North parking area and is immediately adjacent (within 50 feet) to the railroad berm trail and existing wetland view deck. Approximately 40 species of bees occur in the Humboldt Bay Dunes, some of which are unique to coastal dunes (Nyoka, 2004). These bees provide important pollination functions for establishing native dune mat species, which can facilitate the timely re-establishment of adjacent dune plant communities (Gordon, 1984). Many bee-nesting colonies were observed throughout the Ma-le’l Dunes CMA during trail reconnaissance of this Public Access Plan. Manila, California March 2008 2-4 Exhibit 2: Access Management Plan

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Plant and Animal Species of Concern

Plants Two federally and state listed endangered plants, Humboldt Bay wallfl ower (Erysimum mensiesii ssp. eurekense) and beach layia (Layia carnosa) occur within the Ma-le’l Dunes CMA. Both species occur primarily in the dune mat community, and are described further below. In addition, four California Native Plant Society (CNPS) List 1B species occur within the area: dark-eyed gilia (Gilia millefoliata) and pink sand-verbena (Abronia umbellata Photo by Emily Walter. ssp. brevifl ora), both of which occur in the nearshore dunes, and Humboldt Humboldt Bay Wallfl ower, Erysimum Bay owl’s-clover (Castilleja ambigua ssp. humboldtiensis) and Point Reyes menziesii ssp. eurekense is a perrenial bird’s-beak (Cordylanthus martimus ssp. palustris), both of which occur in that lives upt to eight years, blooming and fruiting only once. It occurs in the high salt marsh adjacent to the Mad River Slough. Lyngbye’s sedge sparsely vegetated, semi-stabilized, (Carex lyngbyei), a CNPS List 2 species, was also noted along the west bank nutrient poor sand dunes where plant of the Mad River Slough immediately adjacent to the project site. competiton is low. The plants on the CNPS list 1B and 2 are considered rare, endangered, and threatened plants pursuant to Section 15380 of CEQA. The plants on these lists meet the defi nitions under the Native Plant Protection Act and/or the California Endangered Species Act of the California Department of Fish and Game Code (CDFG) and are eligible for state listing. CDFG requests the inclusion of List 1 and List 2 species in environmental documents. CNPS List 1B and 2 species known to occur or with potential for occurrence within the CMA will therefore be addressed in the companion IS/EA document. In addition to the federal and state listed and CNPS special status species there are a number of sensitive orchid species that exist along the trails and parking area of Ma-le’l North.

Humboldt Bay Wallfl ower The Humboldt Bay wallfl ower became listed as endangered under the Federal Endangered Species Act in March 1992 and is included in the 1998 Recovery Plan for Seven Coastal Plants and the Myrtle’s Silverspot Butterfl y. Its range extends north of the Lanphere Dunes to a very small isolated population on the South Spit of Humboldt Bay. A member of the mustard family (Brassicaceae), the wallfl ower occurs in sparsely vegetated, semi-stabilized, nutrient poor sand dunes where plant competition is low. The wallfl ower is a perennial that lives up to eight years, blooming and producing fruit only once. It does not have a persistent seed bank, but instead relies on a “bank of rosettes, which remain vegetative until a critical size is achieved, after which they reproduce and die” (Berg 1986). Germination occurs with the start of the rainy season and although the species produce numerous seeds, survivorship is very low (less than

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1%) (Pickart, et al, 2000). Locally the wallfl ower is attacked by a fungal pathogen that causes crucifer white rust. Disease symptoms are greatest near reproduction and may reduce or prevent seed set (Pickart and Sawyer, 1998).

Beach Layia The beach layia became listed as endangered under the Federal Endangered Species Act in March of 1992 and is included in the 1998 Recovery Plan for Seven Coastal Plants and the Myrtle’s Silverspot Butterfl y. The species range photo by Emily Walter. reaches from Santa Barbara northward to Freshwater Lagoon in Humboldt Beach layia (Layia carnosa) is a County. Locally, its range includes Freshwater spit, North and South spits of pioneering annual that prefers Humboldt Bay, and Eel River spits. bare to semi-stabilized sand dunes along the edges of stable vegeation A member of the Asteraceae family, the beach layia is a pioneering annual (dubendorfer, 1992). that prefers bare to semi-stabilized sand dunes within the sparsely vegetated, foredune, dune swales and dune mat communities, and along the margins of stable vegetation (Duebendorfer 1992). Beach layia germinates in the winter during the rainy season and blooms from March to May, completing its life cycle in the late spring. Populations of layia are subject to large fl uctuations in size and dynamic changes in local distribution, consistent with shifts in dune blowout, remobilization, and natural dune stabilization that occur in the coastal dune ecosystem (USDI-BLM 2004b). The number of seed heads on individual plants varies with plant size, ranging from unbranched, short, erect plants on dry, exposed sites with a single head to highly branched plants in moist hollows in dunes with over 100 heads (BLM 2004b). Seeds are dispersed by wind mostly during the summer months.

Animals Western Snowy Plover The Pacifi c coast breeding population of the western snowy plover (Charadrius alexandrinus nivosus) was federally listed as threatened in March of 1993 (USDI-BLM, 2004b). Locally, the breeding season for the western snowy plover extends from early March to late September. Plover nesting has never been documented in the vicinity of the Ma-le’l Dunes CMA. The nearest nesting sites are approximately fi ve miles to the north at Clam Beach and seven miles to the south at the South Spit. However, individual plovers have been seen on the beaches within the Ma-le’l Dunes CMA (Personal communication, Ron LeValley, 2005).

Brown Pelican The brown pelican was listed as an endangered species in 1970. Its range consists of a population that occurs along the southeastern and Gulf coasts of the U.S., and a population that occurs along the west coast of the U.S.,

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Mexico, the Gulf of California, and down to Central America. Along the west coast, brown pelicans breed as far north as Monterey CA, and during the non-nesting season range as far as Vancouver Island, BC. Locally, brown pelicans use the near-shore Pacifi c Ocean, the Humboldt Bay jetty, and Humboldt Bay. The birds feed on bait fi sh in the near-shore waters and in the Humboldt Bay near its entrance. Off shore rocks and sea stacks are used as roosting and loafi ng sites as are the oyster racks and bay docks in Humboldt Bay. To date, pelicans have only been observed fl ying off shore in a north-south direction, parallel to the beach. In summer 2004 surveys were conducted to determine pelican use of the Samoa peninsula (USDI-BLM, 2004a). The greatest number of individuals observed in one survey visit was 75. Individuals were observed loafi ng more than any other activity during the surveys and immatures were observed more often than adults (Ibid). Dugout redwood canoe. The Wiyot used the network of rivers and 2.1.3 Cultural Resources sloughs aournd the bay to travel by canoe between villages and to In 1913, Llewelyn Loud spent four months in the Humboldt Bay region, access hunting and gathering areas. and attempted to chart Native American cultural sites. Five prehistoric sites were recorded by Loud that are within the Ma-le’l Dunes CMA (Loud, 1918). Archaeological fi eld investigations in recent years have re-confi rmed these sites and recorded additional sites. (Angeloff , et al, 2004, USDI-BLM 2004a, USDI-BLM 1992, USDI-BLM 1991, USDI-BLM 1988).

2.2 Land Use History of the Cooperative Management Area The area’s rich cultural and natural resources, unique land-use history, and history of public involvement has strongly infl uenced the development of this current Public Access Plan.

2.2.1 Pre-settlement History Prior to Euro-American settlement, the Wiyot Indians inhabited numerous settlements along the shores of Humboldt Bay and near the mouths of the Mad and the Eel rivers. The Wiyot used the network of rivers and sloughs around the bay to travel by canoe between villages and to access hunting and gathering areas. The Wiyot also used ocean going canoes for resource extraction. Using the villages as their base, the Wiyot took advantage of Huckleberry (Vaccinium ovatum) are the abundant resources around the bay and along the adjacent coastline. quite plentiful along the forest trails The slough, dunes, and beaches within and around the Ma-le’l Dunes throughout the area. CMA were used extensively for gathering berries, weaving materials and mollusks, as well as for surf fi shing, waterfowl hunting and fi sh drying. Stranded whales and sea lions also provided important food sources as did Manila, California March 2008 2-7 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan the anadromous fi sh runs on the Mad and Eel rivers (Angeloff , et al, 2004).

2.2.2 Euro-American Settlement From 1850 to 1865, Wiyot territory became the center for the largest concentration of Europeans in California north of San Francisco. The Euro-American intrusion nearly annihilated the Wiyot people through displacement, disease and murder. By the 1870s, Euro-American settlers had claimed nearly all the land in the area. As Euro-Americans settled the area, they diked and drained much of the marshlands around the bay to make way for farming and dairy ranches. However, the vicinity of the Ma-le’l Dunes CMA developed much more slowly due to the windy conditions, sandy soils and natural barriers including the freshwater marshes, slough, bay and Mad River. The Wiyot continued to return to the area now known as Ma-le’l until the early 1900’s (personal communication, Marnie Atkins, 2005). The timber industry had a signifi cant impact on the Mad River Slough area. In 1854, the Mad River Canal Company incorporated to build a canal from the mouth of the Mad River to the north end of the Mad River Slough. The slough was then used to transport logs to mills in Arcata and along the Peninsula. The canal was enlarged in 1871 to accommodate larger logs but was plagued by operational problems and winter fl ood damage and was ordered closed in 1888. As transportation of logs shifted from waterways to railroads, rail lines were constructed near the Mad River Slough to provide better access to the lumber companies (Angeloff , et al, 2004). The current access road into the Ma-le’l Dunes CMA and existing trail in Ma-le’l North are built upon the former Humboldt Northern Line of the Hammond Lumber Company Railroad, which was originally built in 1905. The line was abandoned in the 1950’s and dismantled in the mid-1960s.

2.2.3 Conservation History Lanphere Dunes

Interest in the conservation of the area’s unique natural resources began in the mid 1940’s, when Hortense and Bill Lanphere purchased acreage between the Mad River Slough and the ocean, directly north of the Ma- le’l Dunes CMA. After Bill’s death, Hortense became involved in eff orts to protect the dunes on her property from encroachment by dune buggies. In 1973, she gave The Nature Conservancy (TNC) a conservation easement (and later donated title) of over 113 acres of dunes. The following year, TNC acquired a 50-acre parcel from Darrell Christensen and established the Lanphere Christensen Dunes Preserve (TNC, 1997). TNC continued to expand the Preserve with the goal of protecting one of the most pristine

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examples of coastal dunes remaining in the Pacifi c Northwest. TNC limited access to the Preserve to docent-led tours or by permit only. In 1985, with funding from the SCC, TNC added the 129-acre Hutton Parcel. In 1987, the SCC again provided funding to TNC to acquire an additional 113-acre parcel known as the Fernstrom-Root parcel, with the condition that public access be allowed without a permit or docent. Meanwhile, the BLM created the nearby 112-acre Manila Dunes Area of Critical Environmental Concern (ACEC) in 1987.

Mad River Slough and Dunes Cooperative Management Area In order to provide public access to the Fernstrom-Root parcel while protecting the natural resources of the area, TNC pursued a cooperative management agreement with the Louisiana-Pacifi c Corporation (LP) and the BLM, the owners of the adjacent properties to the south. The agreement signed in 1988 and encompassing 385 acres, included the TNC’s Fernstrom- Root parcel, the 160-acre LP property (known more recently as the former Buggy Club parcel), and the BLM Manila Dunes ACEC. The open sand areas of the BLM and LP properties were excluded from the cooperative management agreement because off -highway vehicle (OHV) use was allowed there. The agreement called for the preparation of a cooperative management plan, which was adopted in May 1990. The preparation of the management plan involved coordination between the three land owners, as well as the RGC, Sierra Pacifi c Industries, Humboldt Bay Municipal Water District, the residents of Young Lane and Manila, organized OHV clubs, the SCC, Humboldt County and others. The management plan presented three management objectives for the area: public pedestrian access, public education, and resource protection. A Memorandum of Agreement between the cooperating parties (USDI-BLM, L-P and TNC) and the RGC was included as an appendix to the management plan (TNC, 1990). Upon adoption of the management plan, the Mad River Slough and Dunes Cooperative Management Area was dedicated to public use in 1990. FOD, at that time a volunteer arm of TNC, began leading public guided walks on the property. The area was a very popular coastal access point from 1992 to 1994.

Beach and Dunes Management Plan The development of the Beach and Dunes Management Plan (HBDMP) had a signifi cant impact on public use of coastal dunes in the Humboldt Bay area, including the dunes of the Ma-le’l Dunes CMA. In 1989, the Humboldt County Board of Supervisors established a Beach and Dunes Advisory Committee charged with resolving the confl icts between OHVs and pedestrians, and improving resource protection on both the north and south

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spits in Humboldt County (Humboldt County, 1993). The Beach and Dunes Advisory Committee, working together with the Humboldt County Planning Department, played a critical role in the development of the Humboldt Beach and Dunes Management Plan (HBDMP). Both the SCC and the Off Highway Vehicle Commission provided funding for the plan. Input for the plan came from local user groups and a series of informational meetings of the Beach and Dunes Citizens’ Advisory Committee, as well as numerous surveys and inventories focusing on a myriad of issues. During that time, the Humboldt Coastal Coalition, a community action group, was formed to help bring public attention and input to the plan. The plan presented priorities for resource protection and enhancement, designated specifi c use areas and use restrictions, and recommended access improvements. In 1992, the Humboldt County Planning Department staff , together with the Advisory Committee members, submitted the HBDMP to the Humboldt County Planning Commission. In late 1993, after a series of public hearings, the Humboldt County Board of Supervisors approved the HBDMP that restricted recreational riding to the south portion of the north spit and at the Khoaghali property, which was being leased to the Humboldt Buggy and ATV Association, Inc. (a.k.a Buggy Club).

Project Area Ownership 1994-1999 The Buggy Club fi nalized their purchase of the LP property in March of 1994. After the sale of the land to the Buggy Club, the Mad River Slough and Dunes cooperative management agreement between BLM, LP, and TNC was terminated and the area was closed to the general public. After the closure, the TNC’s Fernstrom-Root parcel went back to being managed as part of the Lanphere-Christensen Dunes Preserve, again requiring a permit or docent for public access. In July of 1994, the California Coastal Commission certifi ed the HBDMP. A vehicle use ordinance (County Code section 917 et seq.), that restricted recreational riding in the dunes took eff ect when the HBDMP was adopted (Personal communication, Tom Hofweber, 2005). From 1994-1999 there was considerable controversy regarding OHV riding on Buggy Club property. Some members of the Buggy Club continued to ride after the HBDMP was adopted by the County. Members of citizen action groups such as the Humboldt Coastal Coalition and Beach and Dunes Stewards monitored riding on the property and put pressure on the County to enforce the ordinance. In 1997, the TNC donated fee title of the Lanphere-Christensen Dunes Preserve to the USFWS. The SCC grant agreement language pertaining to the public access stipulations of TNC’s Fernstrom-Root parcel were

Manila, California March 2008 2-10 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

transferred to a Memorandum of Agreement between the SCC and the USFWS. The property transfer was fi nalized in 1998, which in turn created the Lanphere Dunes Unit of the USFWS NWRC. In 1998, the Buggy Club submitted an application for a General Plan Amendment to allow riding on their property purchased from LP. That same year, the club purchased the Khoaghali parcel, which they had leased up to that time (SCC 2002). In March of 1999, the County denied the Buggy Club’s application for a General Plan Amendment and the Buggy Club became interested in selling both the 42-acre Buggy Club/Khoaghali parcel (adjacent to BLM lands) and the 160-acre former L-P parcel (adjacent to USFWS land).

Sale and Transfer of Lands to BLM and USFWS When it became apparent that the Buggy Club was interested in selling their property, the agencies immediately adjacent to each parcel began working to acquire them. In 2002, the SCC approved funding for the Buggy Club parcels to be purchased and in 2003 they were conveyed to the Center for Natural Lands Management (CNLM). The provisions relating to public access and natural resource conservation were maintained with the land. In July of 2004, the CNLM transferred the Buggy Club/Khoaghali parcel to the BLM. Since that time BLM has been managing the property consistent with its Arcata Resource Management Plan, which will be amended to address new issues, concerns and management actions outlined in this document. The CNLM transferred title of the 160-acre former L-P/ Buggy Club parcel land to the USFWS in August 2005. Upon transfer, the USFWS entered into a Memorandum of Understanding with the SCC that refl ects original terms and public access stipulations. When BLM and USFWS began planning to acquire their respective Buggy Club properties the agencies consulted the Wiyot Tribe staff who suggested that the properties collectively be referred to as the Ma-le’l Dunes, after one of the Wiyot villages located in the vicinity. As a result, the 42-acre former Buggy Club/Khoaghali property came to be known internally to BLM as the Ma-le’l Dunes property. Similarly, the USFWS made plans to combine the 160-acre former Buggy Club property with the Fernstrom-Root property and manage it as the Ma-le’l Dunes Unit of the Humboldt Bay NWRC. In order to facilitate the effi cient use of fi nancial resources, provide a common visitor experience, and protect the natural resources of the area, BLM and USFWS decided to work together to cooperatively manage the properties within their jurisdiction. A cooperative management framework will be developed as recommended in this Plan to allow for coordinated management of the resources and public access.

Manila, California March 2008 2-11 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

By 2009, the USFWS plans to complete a Comprehensive Conservation Plan (CCP) for the USFWS Humboldt Bay NWR, including the newly created Ma-le’l Dunes Unit and the BLM plans to complete a Resource Management Plan Amendment of allowable activities for the Arcata Planning Area. Prior to the completion of said plans and amendments, public use is expected to be facilitated through an agreement between the USFWS and the BLM.

View to the east overlooking the Mad 2.3 Legal Aspects/Regulatory Setting River Slough from the dunes.

2.3.1 Zoning, Relevant Applicable Land Use Plans The Ma-le’l Dunes CMA is located within the coastal zone, which means it is subject to the coastal resources planning and management policies set forth in the California Coastal Act. The Humboldt County land use designation throughout the cooperative management area is Natural Resources. The project area lies within the planning area of a number of local planning documents namely, the Humboldt Bay Area Plan of the Humboldt County Local Coastal Program (1989), the Humboldt County Beach and Dunes Management Plan (1993), and the Draft Humboldt Bay Harbor Recreation and Conservation District’s Humboldt Bay Management Plan (2005). In addition, the BLM Resource Management Plan and Environmental Impact Statement for the Arcata Planning Area (1989), and the USFWS Conceptual Management Plan for the Lanphere Dunes Unit (1997a) are land use guidance documents for the areas respectively owned by each agency. The project area is also included in the planning area of Recovery Unit 1 of the western snowy plover (Charodis alexandrinus) Pacifi c Coast Population Draft Recovery Plan (USFWS, 2001), and the Recovery Plan for Seven Coastal Plants and the Myrtle’s siliverspot Butterfl y (USFWS,1998).These documents address the area contained within the Ma-le’l Dunes CMA minimally or in a way that is unrelated to the context of this Plan. Planning documents that are relevant to the Ma-le’l Dunes CMA include the BLM Environmental Assessment and Land Use Decision Amendment for the Samoa Peninsula Management Area, Arcata Resource Area (1995), the USFWS Restoration Plan for Humboldt Bay NWRC Ma-le’l Dunes (2005), and the Redwood Community Action Agency’s (RCAA) Humboldt Bay Trails Feasibility Study, (2002). These documents are discussed briefl y below, as is the USFWS Final Compatibility Determinations and Pre-Acquisition Compatibility Determinations for Lanphere Dunes Unit Modifi cation and the Proposed Ma-le’l Dunes Addition, Humboldt Bay National Wildlife Refuge (2004), which is

Manila, California March 2008 2-12 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan a public planning document required by the USFWS. The BLM Ma- le’l Dunes Access Improvement Environmental Assessment (2004a) and associated Biological Assessment for the Ma-le’l Dunes Access Improvement for Interim Management (2004b) are discussed under Section 1.6 Environmental Compliance.

BLM Environmental Assessment and Land Use Decision Amendment for the Samoa Peninsula Management Area, Arcata Resource Area BLM Land Use Amendment for the Samoa Peninsula incorporated the BLM Manila Dunes parcel as an Area of Critical Concern, and closed the area to Off Highway Vehicle use in order to protect threatened and endangered plants and animal species, restore native dune plant habitat, formations and processes of dune habitat, and protect prehistoric and historic cultural sites. Under this mandate, BLM has worked with the California Conservation Corps (CCC) since 1994 to remove invasive exotic plant species and plant native dune grass (Leymus mollis). As a result of this work, the nearshore dunes of the BLM Ma-le’l and Manila Dunes parcels have been treated and resprout “sweeps” occur regularly (Jennifer Wheeler, personal communication, 2005, BLM, 2004c).

Restoration Plan for Humboldt Bay NWRC, Ma-le’l Dunes In February 2005, EDAW, a consulting fi rm based in Sacramento, California, completed an environmental restoration plan for the USFWS-Humboldt Bay NWRC Ma-le’l Dunes Unit. This plan is a component of the Habitat Conservation Plan for the California Department of Corrections (CDC) Statewide Electrifi ed Fence Project, which was developed to minimize wildlife take and compensate for unavoidable wildlife mortality. The plan addresses 129 acres of the 290 acres of Ma-le’l North property, upon which USFWS will conduct CDC-funded restoration and enhancement activities, including invasive nonnative vegetation and restoration of degraded coastal forest habitat. In addition, CDC will fund a restoration manager position, half time for 5 years (EDAW, 2005a and 2005b).

RCAA Humboldt Bay Trails Feasibility Study The Humboldt Bay Trails Feasibility Study was prepared by the Natural Resources Services Division of RCAA in August 2002. This document researches opportunities for non-motorized access to and around Humboldt Bay, and makes some references to the trail system contained with the Ma- le’l Dunes area relative to the California Coastal Trail and Hammond Trails.

Manila, California March 2008 2-13 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

California Coastal Trail/Hammond Trail The RCAA trail study describes the California Coastal Trail (CCT) as a broad vision to provide public access along the California coastline. The trail is envisioned as a contiguous corridor for multiple uses along or near the state’s coastline, from the Oregon border to Mexico. Many segments exist, while others are in the planning stages. Within Humboldt County, the best-known and most developed segment of the CCT is the Hammond Trail in western McKinleyville. The RCAA trail study noted that the Hammond Trail should be extended southward through Arcata. Beginning at the Hammond Bridge, the preferred route discussed in the study would follow the abandoned Hammond railroad corridor crossing Lanphere Road, and intersecting with an abandoned spur of the railroad eastward, and enter the Arcata city limits near the intersection of Foster and Alliance Road. From Arcata the trails study recommends the Coastal Trail follow Old Arcata Road/Myrtle Avenue into Eureka. In addition, the Humboldt County Local Coastal Plan (1983) recommended that the CCT route from the Hammond Bridge continue through the City of Arcata to connect with and follow Old Arcata Road to Eureka thereby excluding the Samoa Peninsula and Ma-le’l Dunes planning area from the current design of the CCT. The RCAA trails study did consider a westward spur of Coastal Trail/ Hammond Trail that would follow the rail corridor into Manila via the railroad berm that serves as a trail and the access road to the Ma-le’l Dunes CMA. However, there are several additional constraints associated with this route, which include: much of the proposed corridor is private property; remnant trestles of the Mad River slough would need complete reconstruction; and potential coastal forest and dune habitat impact issues. The southwest portion of the Mad River Slough, which borders the Ma-le’l Dunes CMA to the east, was listed in the Humboldt Bay Trails Feasibility Study as a priority water trail implementation project if the site became designated or managed for such public access. The informal boat-landing site at the USFWS parking lot/trailhead was identifi ed as the most desirable access point to this water trail.

USFWS Final Pre-Acquisition Compatibility Determinations USFWS completed a Compatibility Determination and Pre-acquisition Compatibility Determination for the proposed Ma-le’l Dunes Unit of the USFWS-Humboldt Bay NWRC in August 2004. The document was prepared as part of the USFWS acquisition and land planning process, and it considered the potential impact of wildlife observation, photography,

Manila, California March 2008 2-14 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan environmental education, and interpretation, kayak and canoe landing/ launching, boater-only camping, dog walking, tribal access and gathering, and invasive, non-native removal at the USFWS-Humboldt Bay NWRC, Ma- le’l Dunes Unit. The compatibility determination concluded that all but boater-only camping and dog walking were compatible uses for the area.

2.3.2 Public Access, Prescriptive Rights and Easements The California Coastal Act, passed in 1976, states that one of its basic goals is to: Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources, conservation principles and constitutionally protected rights of private property owners.

The California Coastal Commission, as well as the SCC, work to implement and support public coastal access for the length of California’s coastline. A property is deemed to have public access when the general public has the ability and the right to get to the property. The BLM and USFWS will ensure that the general public will have this right and ability to access the beaches upon the adoption of this Plan and implementation of the improvements described herein. Public prescriptive access rights apply to private property and do not apply to public coastal lands because publicly owned coastal land must by law maintain the public’s right to access these lands (with some exceptions for military reservations). Since the land within the Ma-le’l Dunes CMA is public land, there can be no claims for prescriptive access rights to them. An easement is the right to use the real property of another for a specifi c purpose. The easement is itself a real property interest, but the original owner retains legal title to the underlying land for all other purposes. The BLM portions of the Ma-le’l Dunes CMA maintains easements for right of way and access, including the HBMWD, Pacifi c Gas and Electric Company, and the Humboldt Bay Wastewater Authority for the right to construct, reconstruct, and otherwise maintain their respective utility service and related infrastructure, which lies or passes over the property.

2.3.3 Existing Interagency Agreements Interagency and inter-organization agreements, such as Memorandums of Understanding (MOU) and cooperative agreements, can help to facilitate communication, coordinate management activities, establish shared enforcement, synchronize projects, and maximize resources. Manila, California March 2008 2-15 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

There are several existing agreements that are relevant to the Ma-le’l Dunes project area, and/or to the project partners. • MOU between USFWS-Humboldt Bay NWR and FOD in order that FOD support the Humboldt Bay NWR educational and interpretation at the Ma-le’l Dunes Unit and the Lanphere Dunes Unit. Under the terms of this document, both parties collaborate to secure funding for furthering their mutual goals. FOD acts as the lead support group in providing public education and outreach, and restoration at the Lanphere and Ma-le’l Units of Humboldt Bay NWR; Humboldt Bay NWR provides technical assistance and staff support to FOD as appropriate. • MOU between BLM and TBR-Wiyot Tribe in order to provide increased cooperation between parties to develop opportunities for subsistence activities and to further management goals on the South Spit relating to traditional cultural Wiyot practices. • MOU between USDA-Six Rivers National Forest, BLM, and TBR Wiyot Tribe that formalizes their government-to government relationship and recognizes the need to formalize communication and government protocol. The document designates staff and hierarchy for communication and it establishes that the parties will meet once a year and share documents and equipment to the extent that it aids the management of public lands. It defers all fi scal matters to subsequent agreements. • Supplemental Agreement between BLM and USFWS that prescribes the procedures and guidelines for designating law enforcement authority. Parties to the document mutually agree to cross-designate law enforcement offi cers on neighboring lands and share radios and equipment such that it is mutually benefi cial, economical, and advantageous to both. Such services will be provided upon written request. Cross-designated personnel will be provided with four hours training on the laws and regulations by the requesting agency. • Humboldt Coastal Dunes Cooperative Agreement for Coordinated Ecosystem Management between many local, state and federal governmental and local non-governmental entities to create a framework that promotes cooperation on coordinated ecosystem management relevant to the beach and dunes areas of Humboldt County. • MOU between USFWS Humboldt Bay NWR and Humboldt State University (HSU) in order that Lanphere Dunes is accessible to HSU researchers, that HSU provides enforcement, and that HSU and USFWS cooperate on educational ventures of mutual benefi t. • Agreement between the State Coastal Conservancy (SCC), USFWS and the Center for Natural Lands Management (CNLM) in order that the former Buggy Club parcel located in the Ma-le’l North and the access roadway be held and used consistent with the purposes of coastal resource enhancement, public access, and open space preservation, and that any transfer of the property be subject to such restrictions.

Manila, California March 2008 2-16 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan 3.0 Existing Use and Access Infrastructure

This chapter describes the current public use of the Ma-le’l Dunes CMA properties and the condition of existing access infrastructure located throughout the area. Infrastructure located in Ma-le’l South and Ma-le’l North are discussed separately.

3.1 Existing Public Uses

3.1.1 Ma-le’l South Owned by BLM, Ma-le’l South is currently open to the public daily from sunrise to one hour after sunset to non-motorized recreational uses, with the Rocket-style information kiosk following restrictions: located at the Ma-le’l South parking and day use area. • Equestrian use allowed only on designated trails and wave slope; • Pedestrian use is allowed only on designated trails, open sandy areas and the waveslope; • Dogs must be leashed in the developed recreation sites (parking/picnic area); otherwise dogs off leash consistent with Humboldt county ordinance; • Organized group camping for spcecial events may be approved on a case-by case basis • Vegetation gathering on designated trails for personal use allowed from May to November; • Fires allowed in designated sites only; • General overnight camping is prohibited; • Fishing is allowed subject to California Department of Fish and Game regulations; • Firearm and crossbow/bow shooting, mineral sales, and livestock permits and leases are prohibited. BLM also contracts ongoing native dune and forest restoration activities on Ma-le’l South. These are typically coordinated internally, with the assistance of the California Conservation Corps (CCC).

3.1.2 Ma-le’l North Ma-le’l North has had restricted public access since 1994. A permit can be obtained to the Fernstrom-Root parcel by contacting the USFWS Humboldt Bay NWRC or FOD. Public access the southern portion of Ma-le’l North is limited to monthly guided walks by FOD.

Manila, California March 2008 3-1 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

USFWS coordinates native dune and forest restoration with the assistance of the CCC and the FOD public restoration program.

3.2 Existing Access Infrastructure Vehicle, bicycle and pedestrian access to the Ma-le’l Dunes CMA is from Samoa Boulevard/State Highway 255 via Young Lane. Young Lane is an approximately 400-foot long, paved two-lane road that terminates into the The exisiting Ma-le’l Dunes CMA entry unnamed and unpaved access road that runs in a north-south direction sign at the intersection of Young Lane on top of the decommissioned Humboldt Northern line of the Hammond and Hammond Road directs visitors to Lumber Company Railroad. This road provides access to the gravel parking the south entrance. It was installed by BLM in June 2005. areas of Ma-le’l North and Ma-le’l South, and is known as Ma-le’l Road throughout this Plan. Currently, there are over 3 miles of foot trails within the CMA that traverse forest, open dunes and swales. The foot trails are earthen paths clustered in the far southern and far northern portions of the CMA. The trails in the south are marked; the trails in the north are not. Trails are considered moderate to strenuous due to the varied topography and range of hiking duration off ered. Some trails can be completed in less than 30 minutes, while others off er one to four hours of hiking. Figure 3-1 illustrates the existing infrastructure throughout the area.

3.2.1 Ma-le’l South Amenities that support public use within the Ma-le’l South area consist of a recently improved access route, entrance signing, graveled parking lot and day use area with picnic tables, temporary toilet, trash receptacles, information kiosks, and trail markers along dune and forest footpaths. These At the intersection of Young Lane and Ma-le’l Road members of the are described in more detail below. Redwood Gun Club are directed north. Access Ma-le’l South is accessed by turning south at Young Lane onto a gravel road owned by USFWS, known as Ma-le’l Road. The Ma-le’l South parking and day use area is reached after traveling south on Ma-le’l Road approximately 600 feet. This portion of the Ma-le’l Road has been recently regraded and improved with new gravel. The road is discussed further in the Ma-le’l North Access section.

Signing At the intersection of Young Lane and Ma-le’l Road there is an interim entry sign which was installed by BLM. It is an inverted, truncated triangle welcome sign approximately 6’ wide by 3’ high and is constructed out of Manila, California March 2008 3-2 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Manila, California March 2008 3-3 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

This page is intentionally left blank.

Manila, California March 2008 3-4 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan medium density overlay plywood with a brown background and white lettering. It reads, “Ma-le’l Dunes Cooperative Management Area” and directs visitors to the Ma-le’l South parking area. Adjacent to the welcome sign is a sign that directs members of the RGC north. At the entrance to the Ma-le’l South parking area, there is another inverted, triangle sign that reads, “Ma-le’l Dunes Cooperative Management Area, South Entrance.” Directional signs located at the parking area trailheads have universal symbols to indicate trail uses. Ma-le’l South parking area entrance.

Gates and Fencing There is one steel access gate at the entrance to Ma-le’l South that is padlocked from one hour after sunset to sunrise. Posts have been installed for a board fence along the property boundary between BLM and the adjacent private residence. However, fence boards are currently absent. A post and wire fence exists along approximately 2,000 feet of foredunes along the western edge of the Ma-le’l South property line. Dilapidated wooden post and wire fences also exist near the special events area and along Ma-le’l Road north and south of the caretaker’s area. These are discussed further in subsequent sections. The northern Ma-le’l South property line (bordered by Ma-le’l North properties) is delineated by 2,400 feet of metal post and wire fencing.

Parking and Day Use Area Fence between Ma-le’l South and Ma- le’l North, is 2,400 feet long. Currently, there are two vehicle-parking areas along Ma-le’l Road that provide access to Ma-le’l South. One is the large, main gravel lot at the southern end of Ma-le’l Road, and the other is a small pullout a short distance north of Young Lane, also on Ma-le’l Road, under a Pacifi c Gas & Electric high voltage transmission line/tower. The main Ma-le’l South gravel parking lot is about 20,000 sq. ft. and designed to serve approximately 15 vehicles, including buses and horse trailers. In February 2005, RCAA resurfaced this parking area with base material gravel and installed a perimeter fence of peeler core posts and cable. Three new concrete picnic tables and four trash receptacles were installed and native shore pines were planted to create a vegetative buff er between the parking area and the residence to the south. The pullout parking area beneath the Pacifi c Gas & Electric high voltage transmission line/tower has room for approximately fi ve vehicles. Based on observation it appears that many people use this parking area to access the Power tower parking area holds about trailhead located here and walk through the forest to the beach. 5 cars and is used frequently by hikers and dog walkers.

Manila, California March 2008 3-5 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Trails and Trail Amenities Two trailheads with “rocket-style” information kiosks exist at the Ma-le’l South parking area. One is for equestrians and the other for pedestrians. The equestrian trail begins as a compacted dirt roadway that, after a short distance, passes through an open area that was used by previous owners for special events. This fl at, compacted open area is about an acre in size and The fi rst trail head at Ma-le’l south contains a dilapidated wood post and wire fence around its perimeter, and directs equestrians to the beach and the remains of a dismantled large shed. A well-defi ned, marked trail leads the old “waterline trail”. north from the open area through a hollow and into the nearshore dunes. At a well-defi ned intersection the trail splits, with one trail leading west to the beach and another heading north along the HBMWD pipeline, or “waterline trail.” The “waterline trail” continues north until it intersects with other foot trails (discussed below) and turns west through the nearshore dunes to the beach. Large 5-foot diameter concrete standpipes protrude from the dunes at approximately 200-foot intervals along the HBMWD pipeline. This trail is used by HBMWD for regular pipeline maintenance inspections. Portions of an exposed wooden sand drift fence, which was installed by the HBMWD to prevent the uncovering of their pipeline, exist at the intersection with other foot trails. The pedestrian foot trail departs the north end of the Ma-le’l South parking area. It leads briefl y through forested dunes and then through a series of dune The second trail head at Ma-le’l swales along a poorly defi ned foot trail in a northerly direction. The foot trail South leads pedestrians to the beach meets an open moving dune and joins a trail from the forest in route to the through dune swales and along the base of moving dunes. The trail joins equestrian trail mentioned above, where it continues to the beach. the equestrian “water line”trail as it crosses primary dune ridges to the One of the more commonly used foot trails in Ma-le’l South extends west beach. from the small pullout parking area adjacent to the high voltage transmission line/tower discussed above. The trail is well defi ned and passes through forested dunes toward the open dunes and beach. Some of the trail is diffi cult to traverse due to steep slopes and seasonal standing water and mud. There is a steep section of trail that has a wooden stairway and rail, which is rotten and in disrepair. There are several locations where casual trails branch off into the forest, and are likely associated with plant material gathering and illegal camping. Once out of the forest, the trail passes over and down the center of the moving dunes. This path through the dunes is somewhat obscured by moving sand; however, the lay of the land makes the path identifi able. At the foot of the moving dune/defl ation plain there is the well- defi ned intersection mentioned above, where it joins the equestrian and foot trails from the Ma-le’l South parking area. There are several other casual trails throughout the Ma-le’l South nearshore dunes that lead to the beach. These are the result of the public hiking

Manila, California March 2008 3-6 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan throughout the area, as well as extensive beachgrass eradication and dune restoration work that have been occurring since 1990.

Caretaker’s Area At approximately 750 feet north along Ma-le’l Road there is a gravel spur onto BLM property that leads to a 2,500 square foot clearing and gravel pad where a trailer and caretaker of the former Mad River Slough and Dunes CMA was located. The site has power, telephone and water, and also contains Private property fencing along Ma-le’l a 10’ x 6’ wooden storage shed with padlock. Road. Upon turning north along Ma- le’l Road, the power tower parking Utilities area is visible as are the signs and gate to RGC and the USFWS property Where they exist, water, power, and telephone lines are approximately three beyond. feet beneath ground surface.

Water Potable water service is supplied to three locations within the plan area: the Ma-le’l South main parking area, the Ma-le’l South special events area, and the caretaker’s area. Several water spigots exist in various locations at the Ma-le’l South parking area, and one spigot exists at each the special events area and the caretaker’s area. Meters are located adjacent to the board fence that delineates the Ma-le’l South parking area and at the intersection of Young Lane and Ma-le’l Road.

Power The only location in the plan area served with electricity is the caretaker’s area. This location is metered by Pacifi c Gas & Electric. However, it is unknown if the service is operational. The electrical line is buried along the west side of Ma-le’l Road.

Telephone The only location in the Plan area served by telephone service is the caretaker’s area. It is assumed there is no operational account at this time since the site is vacant. The RGC is also serviced by telephone and is currently operational.

Sewer Although there is no sewer service to the plan area, Manila Community Services District provides service to the adjacent residential properties to the south and east of the CMA.

Manila, California March 2008 3-7 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

3.2.2 Ma-le’l North Amenities that support public use within Ma-le’l North consist of Ma-le’l Road, a gravel parking lot, and unmarked footpaths. Two empty kiosks in addition to boundary signs that mark the southern Fernstrom-Root property line exist in the area.

Access Ma-le’l Road lies upon the Humboldt Ma-le’l North is accessed by the single lane, gravel access road that extends Northern line of the Hammond from Young Lane to the USFWS parking area in the north, known as Ma- Lumber Company rail road and was le’l Road. Ma-le’l Road is approximately 4,400 feet long and centered on a originally built in 1905. It is a single 60-foot wide right of way owned by USFWS. It is built on the remnants of lane gravel road. the old Hammond Lumber Company logging railroad that used to extend from Samoa, through the Plan area, and across the Mad River Slough to Crannell Road. The railroad operated in this area until it was abandoned in approximately the 1950s. The Hammond Lumber Company removed the rails, ties, and some of the rock ballast in the late 1960s, after which the portion of the railroad berm within the CMA was converted to a gravel roadway (Personal communication, Bob Fallis, 2005). RGC has been responsible for maintenance of Ma-le’l Road, from Young Lane to the club’s entrance, since establishment of the club in the early 1970s. From 1992-1994 when the Mad River Slough and Dunes CMA was open to the public, the Ma-le’l Road experienced accelerated degradation due to increased public traffi c. After the CMA was terminated the TNC repaired Ma- le’l Road under the direction of the RGC. Since then the club has assumed responsibility of road maintenance, with some minor exceptions (personal communication, Bob Fallis, 2005). The current road maintenance method and schedule is outlined in Appendix A. On the west side of Ma-le’l Road, before the fi rst gate (discussed below), is the small pullout parking area of Ma-le’l South previously discussed. North of the fi rst gate, heading toward the RGC property, Ma-le’l Road mostly cuts through a large forested sand dune, which gives away to wetlands in some areas. Just past the RGC entrance and the second gate (also discussed below), Ma- le’l Road narrows as it passes through a wetland area before the HBMWD easement crosses the road. North of the HBMWD easement the road cuts Redwood Gun Club boundary signs into another forested dune area as it nears the new Ma-le’l North property are posted along Ma-le’l Road in only boundary. This roadway surface of the fi nal section of Ma-le’l Road has not a few locations. been improved or maintained. The road here is narrow and dense vegetation exists on either side.

Manila, California March 2008 3-8 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Signing Very little directional signing exists throughout Ma-le’l North. A set of antiquated signs exists near the intersection of Young Lane and Ma-le’l Road that directs traffi c north to the RGC and lists RGC hours of operation. There is also a large “No Trespassing” sign. Boundary signing exists in only a few locations along Ma-le’l Road just north of the RGC entrance. It reads “Danger Shooting Range Keep Out.” USFWS Humboldt Bay-NWRC boundary posts and signs exist along the western and southern property USFWS Humboldt Bay NWRC boundary of the Fernstrom-Root at approximately 500-foot intervals. boundary signs exist along the There are currently no signs (no trespassing or other use) associated with western and southern boundaries, at the HBMWD easement that crosses Ma-le’l Road. 500-ft intervals.

Gates and Fencing There are two access gates along northern portion of Ma-le’l Road: 1. A gate near the high voltage tower north of Young Lane. This gate is open for the club Saturday and Sunday 10 am to 4 pm. There is a RGC sign and a private property/no trespassing sign located at this gate. 2. A gate located north of the RGC entrance, approximately a half-mile north of Young Lane. It was installed by the Buggy Club, and at this time can only be accessed by HBMWD, USFWS and FOD. A padlocked fi ve-foot gate closes the entrance to the HBMWD, Wooden post and wire fencing also exists around the entirety of the RGC but is unlikely to deter to curious property, including along Ma-le’l Road. However, along the southern pedestrians. No signage on the gate exists. boundary of the club’s property there are two locations where repair is required. Except for some signing on the club’s fence that borders Ma-le’l Road, signing around the rest of the club’s property boundary is completely lacking. There is also chain link fence with locking gates on the west side of Ma-le’l Road where the HBMWD easement crosses the road. There is no fencing along the east side of Ma-le’l Road, except for a series of chain link fences that border several residences and appear to encroach into the road right-of-way. The fences here are inconsistent and do not provide privacy to the residents or a feeling of safety to recreational visitors. In lieu of a fence along Ma-le’l Road/SPI property line, there is a ditch and a berm vegetated with shore pine and undergrowth. There is also a fi ve-foot high locked metal gate on the east side of the road where the HBMWD easement crosses the road

Manila, California March 2008 3-9 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Parking and Day Use Area At the northern terminus of Ma-le’l Road is a gravel clearing adjacent to the Mad River Slough that serves as a parking area and was previously used as the parking area for the Mad River Slough and Dunes CMA. The clearing is approximately one-third of an acre in size and can accommodate about 10 vehicles. The clearing is bordered by a narrow strip of salt marsh to the northeast and a low-lying wire fence to the south, beyond which a casual trail leads through a grassy area with scattered shrubs and beach pines and The old Mad River Slough and a picnic table. Around the rest of the perimeter are beach pines and brush. Dunes parking area is gravel and can accomodate approximately 10 Two simple benches are located on the edge of the parking area overlooking vehicles. the slough channel. At the northern edge of the area, there is a wooden entry sign demarcating the parking area of the Mad River Slouch and Dunes CMA, a metal bike rack, and an iron ranger that demarcates the trailhead.

Kayak and Canoe Launching and Landing Kayak and canoe enthusiasts use the Mad River Slough extensively. Boat launching into the slough commonly occurs beneath the Mad River Slough Bridge on Highway 255 where a concrete ramp is located, and on the Canoe and kayakers have historically Lanphere Road bridge, where a rock abutment to the bridge is located. The used the Ma-le’l North parking area existing parking area of Ma-le’l North is adjacent to an intertidal channel of for boat landing. Unmanaged, this use has caused trampling of the adjacent the Mad River Slough that is a popular boat-landing site during high tides. salt marsh and erosion. Due to the presence of salt marsh habitat and trampling that has occurred from boaters, CNLM established symbolic fencing to discourage boat landing.

Trails and Trail Amenities

Railroad Berm Trail A well-defi ned, fl at footpath varying from two to six feet in width extends from the north end of the parking area. It follows the railroad berm in a The main trail into Ma-le’l North northeasterly direction for a distance of approximately 2800 feet along follows the old railroad berm along the Mad River Slough. the edge of the slough to where an abandoned railroad trestle is located. Following the edge of the slough, most of the trail is 5 feet above the mean high, high water (MHHW) line, and overgrown with vegetation in many locations. There are two forest loop trails branching off of this trail (discussed below). There is one simple wooden bench (approximately 500 feet north of the parking lot) along the trail facing east over the slough. Erosion and slumping along the slough side of the railroad berm is evident in many locations and is likely due to wind wave processes. However, the rate of shoreline loss is unknown. There is evidence of eff orts to mitigate this eff ect An abandoned railroad tressle crosses by placing brush cuttings and fi ll material along the bank, including a boxcar Mad River Slough at the north end of imbedded into the berm at one location. railroad berm trail.

Manila, California March 2008 3-10 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Dune Overlook Trail A short distance from the parking area along the railroad berm trail, a spur trail extends west 80 feet up to a vantage point atop a dune at an elevation of approximately 90 feet above mean sea level. From this location one has a 360-degree view of the Pacifi c Ocean, landforms of the dune and forest complex, the Mad River Slough, the Arcata Bottoms, the coastal foothills and Humboldt Bay. This point is known as the “dune overlook.” The steep trail up the dune is comprised of loose sand and The view north from the Dune has an approximate grade of 35%. Restoration crews use this spur trail Overlook Trail at Ma-le’l North. as an access to the nearshore dunes below, and an obscure trail across the sand leads steeply down the face of the dune and beyond. European Beachgrass populates the dunes in this area and wherever it is absent, sands frequently alter the shape of the top of the dune. The BLM/Ma-le’l South and USFWS/Fernstrom-Root boundary fence is clearly visible from the dune overlook.

Forest Loop Trails There are two trails that depart from the main railroad berm trail and lead into the forested dunes. Combined, these two trails create a loop through forest towards a clearing adjacent to Iron Creek, a fresh water stream. Approximately half way along the length of the forest trails there is a short-cut that creates a shorter loop. The trails are generally well defi ned and approximately two to four feet in width. In a few places the trail route becomes poorly defi ned and there is evidence of a number of casual trails. In at least two locations along the forest loop trail there are remnant ATV wheel tracks. There is a path from the clearing towards the creek and some erosion of the bank is visible here. Along a portion of forest trail there is a dilapidated wooden staircase with rail, and a bench in good condition located at a vantage point of the slough and Arcata Bottoms.

Dune Trail to the Beach Where the forest loop trail is closest to the dunes there is a weathered but intact kiosk and a trail that leads out of the forest and up to the open, moving dune system. The trail up the dune is steep and in loose sand. Once on top of the dune, the trail appears to follow the Humboldt Bay NWRC posts and signs along the Fernstrom-Root southern boundary to navigate to the beach. Moving sand across the dune often obscures most evidence of any dominant foot trail. A tangle of wire and metal posts is periodically exposed near the dune defl ation plain. At the back/leeward side of the foredune a poorly defi ned footpath is visible to the beach.

Manila, California March 2008 3-11 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Wetland View Deck Approximately 0.25 miles north of the parking area, on the west side of the railroad berm trail, there is a 10 ft x 10 ft wooden view deck and memorial bench cantilevered over a marsh area on the west side of the trail. The view deck was originally constructed in 1993 and, although it is still intact and stable, it appears to be decaying and potentially unsafe for more than two or three persons to stand on.

A wetland view deck is located along the railroad berm trail

Manila, California March 2008 3-12 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan 4.0 Recommended Public Use and Access Improvements

This chapter describes recreational land use allocations and improvements that will be completed or installed in order to accommodate safe and orderly public access at the Ma-le’l Dunes CMA. This information is presented in the following sections: 4.1 Types of Recreational Use 4.2 Estimated Use Levels 4.3 Access and Circulation 4.4 Access Infrastructure 4.5 Signing, Interpretation and Information

4.1 Types of Recreational Use Footprints and paw prints in the sand. The entire Ma-le’l Dunes CMA will be open to non-motorized recreation uses with the following restrictions (discussed in more detail below): • Pedestrian use and associated activities are allowed only on designated trails, open sandy areas, and the wave slope. • Equestrian use allowed only on designated trails in Ma-le’l South and on the wave slope. • Dogs allowed off leash on designated trails and open sands throughout Ma-le’l South and along the wave slope of the Ma-le’l Dunes CMA consistent with Humboldt County ordinances and guidelines. Dogs must be leashed in the Ma-le’l South parking/picnic area. • Overnight camping is prohibited. • Organized group camping for spcecial events may be approved on a case-by-case basis on Ma-le’l South. only • Vegetation gathering for personal use is allowed May to November along designated trails at Ma-le’l South and otherwise by special permit. • Fires allowed only in designated sites on Ma-le’l South. • Canoe and kayak launching and landing in designated locations only. • Motorized vehicles, fi rearms, except for legal waterfowl hunting, crossbow/bow shooting, mineral sales, and livestock permits and leases are prohibited throughout the CMA. The infrastructure to support these uses is discussed in Section 4.4.

Manila, California March 2008 4-1 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

4.1.1 Pedestrian Use Pedestrian use and associated activities will be allowed on designated trails within the forest and nearshore dunes, on the waveslope, and throughout the open dunes of the Ma-le’l Dunes CMA.

4.1.2 Horseback Riding Horseback riding will be allowed on two designated trails within the nearshore dunes of Ma-le’l South and along the wave slope of the entire Ma- Horesback riding will be allowed on le’l Dunes CMA. The BLM will monitor equestrian use of the area to ensure two designated trails in Ma-le’l South. that riding is contained within designated areas. The BLM will also monitor equestrian trails for the potential introduction of invasive weed species that might fall out of horse trailers or be produced from manure. New infestations that might arise from such use will be removed.

4.1.3 Dog Walking Walking unleashed dogs will be allowed on designated trails and the open dunes within Ma-le’l South and along the wave slope of the Ma-le’l Dunes CMA. Dogs must be leashed in the parking and picnic areas of Ma-le’l South. Humboldt County ordinance requires dogs to be under the control of the owner at all times when away from the owners premises (County Ordinance Dog walking will be allowed on 541-21). The Humboldt County Parks Department guidelines for activities at designated trails in Ma-le’l South as Humboldt County Parks states that “control” means that the dog is within well as on the waveslope throughout view and voice range of the owner and the dog comes at fi rst calling and that the CMA. it is not allowed to approach people in a threatening manner or in anyway harass people or wildlife, or other dogs or horses (Humboldt County Parks, 2003). Dogs are not allowed within Ma-le’l North, including the Ma-le’l North parking area, with the exception of aid dogs for disbled persons and on the waveslope . This policy was derived from a determination by USFWS that dog walking in this area would likely result in adverse impacts to sensitive ecological and cultural resources (USFWS, 2004).

4.1.4 Camping and Nighttime Use Camping and nighttime use will not be allowed within the Ma-le’l Dunes CMA except by special permit on Ma-le’l South. USFWS found that such use would likely result in adverse impacts to sensitive and cultural resources and that the costs to develop and staff facilities to accommodate these activities are beyond the resources currently available or expected to be available in the future.

Manila, California March 2008 4-2 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

4.1.5 Special Group Camping Events Group organized camping events may be allowed on a case-by-case basis at the Ma-le’l South Special Event Area with a special recreation permit from BLM. Criteria for determining permit issuance includes: 1) size of group, 2) number of permits per month, and 3) purpose of event and if it benefi ts the overall community in some way. Additional criteria may be developed as an adaptive management measure.

4.1.6 Plant Gathering Gathering plants, and plant material including mushrooms and berries for personal use from designated trails will be allowed from May to November in Ma-le’l South only. Off -trail collection of vegetative material will require a permit during the same time period, in Ma-le’l South only. Ma-le’l North will be closed year-round to gathering of plants and plant material, including mushrooms and berries, except by special permit. Acorn mush basket, United Indian Health Services permanent collection. Spruce roots are most often used in cooking 4.1.7 Traditional Resource Gathering and eating baskets because they swell up and make the basket water tight. Traditional resource gathering by local Native American tribal members, including vegetative material gathering for personal use, will be allowed throughout the Ma-le’l Dunes CMA in accordance with a memorandum of agreement with the Wiyot Tribe.

4.1.8 Kayak and Canoe Launching & Landing Non-motorized public boat launching into Mad River Slough and boat landing from the slough will be accommodated during high tide at the Ma-le’l North parking area during day use hours. Due to potential erosion and adverse impacts to sensitive species, boat access and landing will be limited to a designated site located at Ma-le’l North parking area. Boater-only camping was found to be beyond the resources available to the USFWS currently or in the future. In addition, boat-only camping and access at locations not specifi cally designed for ingress/egress was found to likely result in adverse impacts to sensitive ecological and cultural resources (USFWS, 2004).

Manila, California March 2008 4-3 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

4.1.9 Fishing Fishing will be allowed within the Ma-le’l Dunes CMA consistent with CDFG regulations at the Ma-le’l North boat ramp and at the end of the railroad berm.

4.1.10 Motorized and Non-Motorized Vehicle Use The use of motorized vehicles outside the parking areas within the CMA will not be allowed except in an emergency or for authorized maintenance, construction, restoration, or research purposes. Non-motorized public boat launching and landing will be accomodated at Ma-le’l North during high tide. 4.1.11 Restoration Activities On-going environmental restoration activities will continue in the dunes and forests of the CMA. Both BLM and the USFWS will continue to eradicate European beachgrass, ice plant, yellow bush lupine, English ivy and other invasive plant species on their respective properties in order to benefi t the native plant communities. BLM and USFWS will conduct restoration work and weed eradication eff orts with the assistance of contracted labor, such as the CCC, and FOD restoration programs. In addition, USFWS will implement CDC funded restoration activities throughout the nearshore dunes and forest at Ma-le’l North over the next three years (EDAW, 2005).

4.1.12 Educational Activities Access for educational fi eld trips related to natural resources, sciences, and native culture by local schools, non-profi ts, and tribes will be allowed, and is expected to occur regularly. Coordination and scheduling of group tours is expected to be facilitated with the assistance of FOD.

4.1.13 Access for People with Disabilities On-going restoration activities will continue in the dunes and in the Access for people with disabilities will be provided at the following locations: forest throughout the Ma-le’l Dunes • Ma-le’l South parking, picnic area, and restroom CMA. • Ma-le’l North parking area, picnic area, and restroom To the extent feasible and compatible with agency objectives, these areas will meet the guidelines of the California Disabled Accessibility Guidebook (CalDAG, 2003).

Manila, California March 2008 4-4 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan 4.2 Estimated Use Levels The recommendations contained in this Plan are derived from estimated use levels based on USFWS and BLM staff experience with similar sites, as well as use levels observed when the CMA was managed as the Mad River Slough and Dunes Cooperative Management Area from 1990 to 1994. User surveys were not conducted. Visitors to the Ma-le’l South and Ma-le’l North areas are expected to total approximately 16,500 and 8,000 persons per year, respectively (Bruce Cann and Andrea Pickart, personal communication, 2005). Expected boat use is approximately ten per weekend day during peak summer hours. During the weekdays, a maximum of fi ve boats per day is expected in good weather. Use levels for traditional resource gathering are expected to be low, perhaps fi ve visits per year by one or a few tribal members. No more than 50 program participants/special groups are expected to visit Ma-le’l North with no more than six special groups per month. It is expected that most visitors to the Ma-le’l Dunes CMA will arrive by private vehicle. Field trip classes, volunteers and work crews are expected to arrive at the site by bus and/or by van. Equestrians will arrive at Ma- le’l South with horse trailers. Some visitors to Ma-le’l North will arrive by bicycle, kayak, or canoe. Improvements to the access road are described in the next section, and are followed by a description of improvements to the parking areas, the caretaker’s area, trails, trail amenities, fences, and signing. 4.3 Access and Circulation This section describes vehicular, pedestrian and boat access to the Ma-le’l Dunes CMA. Signing along access routes is discussed in Section 4.5.

4.3.1 Motorized Vehicle Vehicles will access the designated parking areas via the Ma-le’l Road (a.k.a. the access road). The Ma-le’l North access road will be open to vehicular traffi c Friday through Monday, and open to bicycles and pedestrians seven days per week. Vehicles will be prohibited everywhere else including on the HBMWD pipeline easement except for authorized maintenance or emergencies. To the extent possible, the existing gravel Ma-le’l Road leading to designated parking areas in both Ma-le’l North and Ma-le’l South, and to the caretaker trailer area, will be improved and resurfaced to support the expected increase in traffi c. Ma-le’l Road will remain single lane at 16 to 20 feet in width. Improvements for road safety, drainage and

Manila, California March 2008 4-5 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan durability are expected to include: • The construction of pull outs in areas where no fi ll in wetlands or bank cuts are required. • A 50-foot-wide turning radius at the Young Lane-Ma-le’l Road intersection to accommodate a vehicle turn-around. • Elevation of the roadbed prism so the crown area is at least one full foot over a one-foot depth base layer. • Alteration of the longitudinal profi le to provide for passive drainage away from the confi ned sections to open areas so water can drain to the side. • Construction of a gutter section along the roadway edge where needed. • Construction using only well-compacted, well-graded crushed crusher run rock or quarry shale. • Coordination with representatives of the Redwood Gun Club to review and discuss construction methods and materials. 4.3.2 Bicycle Access No separate bicycle paths or lanes along the Ma-le’l Road will be developed. Bicyclists entering the CMA will be expected to use caution when accessing the site and will be made aware of the one-lane, gravel nature of the road. Signing will be used to alert motorists of the presence of bicyclists. 4.3.3 Gates and Gateway The Ma-le’l South gate will remain as it currently exists. Improvements to the other gates include: • The Ma-le’l North gate located near the high voltage tower will be moved approximately 80 feet south, closer to the Young Lane-Ma-le’l Road intersection. • The USFWS northern gate will be locked open. Bicylists entering the Ma-le’l Dunes CMA will be expected to use caution The relocation of the gate near the high voltage tower will eliminate the when accessing the site and will be existing roadside parking area that nearby residents have stated is a nuisance made aware of the one-lane, gravel due to cars parking there at night after the gates are closed. nature of the road. Relocation of the Ma-le’l South gate to the Young Lane-Ma-le’l Road intersection was considered as a means to eliminate access road traffi c when the CMA is closed. However, this alternative was determined infeasible because it would eliminate access to the private driveway located adjacent to the existing Ma-le’l South gate.

Manila, California March 2008 4-6 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

4.3.4 Pedestrian Access Improvemtns to accomodate pedestrian access from off site will not be provided. However, walking throughout the CMA will be accomodated along trails discussed further in section 4.4.5 Trails Routes. e 4.3.5 Kayak and Canoe Access Canoe and kayak landing and launching within the Ma-le’l Dunes CMA will be accommodated by the construction of a kayak and canoe ramp located at the Ma-le’l North parking and picnic area along the Mad River Slough and at the end of railroad berm trail. This facility will be available for carry-in and carry-out access for canoeists and kayakers during daylight hours only. The ramp at the Ma-le’l North parking area will be accessible only during high tide. 4.4 Access Infrastructure This section describes proposed access improvements to the Ma-le’l Dunes CMA that will accommodate the recreational uses and use levels discussed in section 4.1 and 4.2. Figure 4.1 illustrates the proposed access improvements.

4.4.1 Parking Areas and Amenities Ma-le’l South The Ma-le’l South parking area was recently improved with the installation of access route amenities, including a re-surfaced gravel parking area, post and cable fencing, a metal entrance gate, and day use picnic amenities, including picnic tables, trash receptacles, a temporary toilet, two information kiosks, and directional signs. Improvements at Ma-le’l South that were included in the previous environmental review process but have not yet been installed are a vault toilet and cooking grills. In addition this Plan recommends that the following new improvements to the Ma-le’l South parking/day use include: • A water spigot for equestrian use. • A bicycle rack. • Post and cable fencing along the access road that will serve as a pedestrian safety corridor along Ma-le’l Road from the PG& E high voltage tower to a trail that crosses the dune and leads to the Ma-le’l South parking lot. • Possible reconfi guration of the existing parking area to provide additional parking spaces if visitor use and demand increase beyond estimates..

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Figure 4-1. Proposed Access Improvements Map

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Manila, California March 2008 4-10 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

Ma-le’l North In order to accommodate expected use levels, the Ma-le’l North parking be area will enlarged and re-oriented. Figure 4-2 illustrates the proposed layout of the Ma-le’l North parking area.

Figure 4-2 Proposed layout of the Ma-le’l North Parking Area

The access road and parking area will be re-surfaced with crushed gravel. The parking and day use area will be upgraded to include the following amenities: • Ten motorized vehicle spaces and bus parking • One ADA vehicle space • Future expansion for nine additional motorized vehicle spaces • Kayak and canoe ramp • ADA accessible vault toilet

Manila, California March 2008 4-11 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

• ADA accessible trailhead • Bicycle rack • Information kiosk • Picnic tables • Trash and recycling receptacles • Split rail fence to keep visitors from walking to the edge of the slough and trampling sensitve vegetation located there. Th e layout of the area has been designed to accomadate estimated use levels while minimizing impacts to the surrounding natural resources. Th e design also strived to minimize potenial vehicle and pedestrian confl icts in a relatively small area. Th e parking lot will be gravel which is semipermeable, and Best Management Practices will be employed to control runoff in accordance with the California Stormwater Quality Associations Best Management Practices Handbooks(2004) 4.4.2 Vault Toilets Prefabricated vault toilets with the following features will be installed at the Ma-le’l North and Ma-le’l South parking areas: • 1 door, 1 stall • Wood or “rustic” motif • 1,000 gallon vault capacity per toilet • ADA-accessible

There are several suppliers of prefabricated vault toilets. Typical models and specifi cations can be viewed at and . Both www.romtec.com www.cxtinc.com An example of a single vault USFWS and BLM have experience installing similar facilities in the region. toilet building supplied by CXT Incorporated. 4.4.3 Kayak and Canoe Loading and Launching Ramp To enhance boat access during high tides, a kayak and canoe loading and launching “ramp” will be constructed at the Ma-le’l North parking area to the edge of the slough. Symbolic fencing will be installed on either side of the ramp and walkway to discourage entry into the adajcent salt marsh habitat. Prior to the installation of the ramp rare and special status species plants known to exist in the vicinity will be dug up and moved to suitable habitat nearby. Figure 4-3 illustrates the conceptual cross section for the ramp. The following criteria will be used in ramp installation: • The ramp will be fi ve-feet wide, approximately 35 ft long, and surfaced with the gravel confi ned by a heavy-duty, polyethylene cellular product (e.g. Geoweb™). • The upland slope of the “ramp” should not exceed 12%.

Manila, California March 2008 4-12 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

• The slope of the submerged portion of the ramp should not exceed 20%. The objective of the structure is to accommodate canoe and kayak landing and launching while confi ning such activity to a small area so as to protect sensitive salt marsh habitat from trampling and erosion. The “ramp” is intended to assist in the ferrying of boats by hand from vehicles to the slough. It is not intended for vehicular access. It will require an incidental amount of wetland fi ll area of less than 300 square feet). A fl oating dock was considered infeasible for this location as the area is only accessible during high tides, and during low tides a boater would need to cross as much as 400 feet of mud fl at to reach open water. This signifi cantly limits boating accessibility from this location.

Figure 4-3 Kayak and Canoe Ramp Cross Section (not drawn to scale)

4.4.4 Caretaker Trailer Pad The existing caretaker trailer pad and surrounding area will be upgraded to accommodate a new trailer and caretaker amenities. Upgrades will entail re- grading of the pad area, placement of road gravel, and vegetation clearing.

4.4.5 Trail Routes Two miles of new hiking trails will be added to the CMA’s existing three-mile network of hiking trails. Both hiking and equestrian trails will be improved, repaired, or re-aligned as necessary to protect both resources and visitors. Figure 4-4 illustrates the recommended trail routes within the Ma-le’l Dunes CMA. All hiking trail upgrades, including paths, stairs, puncheon style bridges, and other associated amenities will be constructed using guidelines provided in the “Trails Handbook” (Resources Agency, Department of Parks and

Manila, California March 2008 4-13 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan Recreation California State Parks) 1. All hiking trails will be earthen except where ADA accessibility is a priority. Widths of trails will vary, depending on site conditions. As a general standard, hiking trails will be 3- to 6-foot- wide, 8-feet high overstory, all-season accessible, on native soils. Detailed discussions of improvements to specifi c hiking trails appear below. All casual trails throughout the area will be decommissioned and re- vegetated with native plants and/or brushed with vegetative materials, including the trail which leads north from the caretaker’s residence site, the trails that branch off from designated forest trails in Ma-le’l North and Ma- le’l South, and particularly those trails that lead through areas populated by reindeer lichen. Hiking trail improvement work in the forest and dunes will avoid impacts to sensitive and special species populations such as coral root orchid (Corallorhiza), sugar stick (Allotropa virgata), and other unusual or rare plant occurrences and animal or insects sites such as ant, bee and wasp nests. Prior to trail work, USFWS will provide locations of these species so that they may be adequately protected. There may be an opportunity in th future to connect Ma-le’l Dunes Trail System to additional public use areas to the south. Separate environmental analyses will be conducted if this opportunity arises.

Trail Names In keeping with the primary interpretive theme of the Ma-le’l Dunes CMA project area (discussed further in Section 4.5.2), the Wiyot Tribe was asked to provide suggestions for trail names in the Wiyot language. A list of words suggested by the Tribe appears in Appendix B. Names were selected with pronunciation and relevance to the site in mind. The Cultural Resource Specialist for the Wiyot Tribe should be consulted regarding the fi nal selection and spelling of the proposed trail names prior to their use on signs or in publications. A brief explanation of Wiyot pronunciation should be included in the publications where the trail map occurs.

Ma-le’l South

Equestrian Trail - Latkak Trail In August 2004, BLM delineated an equestrian and hiking trail through the foredunes of Ma-le’l South. This existing route provides equestrian access to the Ma-le’l Dunes CMA and will be called the Latkak Trail, which means “sand” in the Wiyot language. 1 Available from North Coast Redwoods Headquarters, 600-A West Clark, Eureka, CA 95501, Telephone: (707) 445-6547 Manila, California March 2008 4-14 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

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Manila, California March 2008 4-16 Exhibit 2: Access Management Plan

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The equestrian trail begins at the south side of the Ma-le’l South parking area and heads west through the dunes. At the foredune the trail veers north, following the east side of the foredune and the HBMWD underground pipeline. The trail contains two beach access points. Not including the waveslope, the Latkak Trail is approximately one mile in length. The equestrian trail will be maintained with various widths up to 8-feet wide.

Hiking Trails Latkak Trail A new extension of the existing Latkak Trail will provide additional beach access from Ma-le’l South. The trail extends through the nearshore dunes north of where the Latkak currently turns towards the beach and traverses over the primary dune to the beach strand. Visitors can access the Ma- le’l North trails by using this route and then walking along the beach approximately one-quarter mile north.

Wonokw Trail An existing hiking trail that leads visitors through the forest and dune loop with access to the beach was delineated by BLM in August 2004 (USDI-BLM, 2004). This forest-dune loop will be known as the Wonokw Trail, which means “spruce tree” in Wiyot. From the Ma-le’l South parking lot, visitors will exit the east side of the parking area by foot, cross a dune using an existing path to Ma-le’l Road, then walk a short distance to the forest trailhead along a pedestrian safety corridor. From this location, which is adjacent to the PG & E power tower, the Wonokw Trail traverses forested dunes, descends open dunes, passes an intersection with the Letik Trail (discussed below) and then joins the Latkak Trail to the beach. In the future, BLM may develop a spur that will follow a forested ridge from the middle of the Wonokw trail to the Ma-le’l South parking lot. The Wonokw Trail will be repaired or improved in the following ways: • The 100-foot section of stair and rail trail will be replaced. • A 30-foot section of boardwalk will be installed over a seasonally muddy section of trail. • Where feasible, the forest trail will be re-routed to avoid damage to trees roots and to minimize potential erosion. Existing casual trails, especially those prone to erosion, will be decommissioned by revegetation or natural barriers. • A pedestrian safety corridor will consist of a physical barrier, such as bollards along the west side of the road. The bollards will be placed to

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avoid visual confl ict with the Ma-le’l Dunes CMA entry sign. Letik Trail The Letik Trail, meaning “sunshine” in Wiyot, departs the northern end of the Ma-le’l South parking and leads hikers through an old access gate and a series of nearshore dunes to join the Wonokw Trail and Latkak trail to the beach beyond.

Ma-le’l North

Hiking Trails The existing railroad berm and forest trails in conjunction with two new hiking routes will provide two new beach access points off ering a 2.5 mile hiking loop.

Cukish Trail The existing railroad berm trail, will be known as the Cukish Trail, meaning “bird” in Wiyot. It extends 2,800 feet north from the Ma-le’l North Parking Area along the Mad River Slough to the dilapidated rail road trestle. It serves as the entry route to a forest loop and beach access trails throughout Ma-le’l North. Improvements along this trail will include: • Preliminary upgrade which will include trail clearing and grubbing to a 3’ minimum width, and an 8’ overstory clearance. • ADA accessibility upgrade (discussed below). Pedestrian trail from Ma-le’l South • Installation of “bio-engineered” erosion control measures to protect parking area to Ma-le’l Road. the berm and the installation of benches and a wetland view deck (discussed below). ADA Accessibility To accommodate ADA accessibility, along the Cukish Trail, typical design requirements will be based on CalDAG 2000 and should include: • 48-inches minimum trail width, which may be reduced to 36-inches in areas where signifi cant site disruption would otherwise occur. • Minimum 60 inches x 60 inches passing/rest area at minimum 200 feet apart, or two rest areas for every 400 feet. • Hard surfaces such as asphalt, natural emulsion pavement or concrete. • Trail gradients maximum running slope 5 % and cross gradient 2% . • One ADA accessible parking space should be provided at trail parking lot. • Maintain 36-inch clearance between gates or bollards. Asphalt is a suitable surfacing material. However, if budget allows a natural

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emulsion pavement (e.g. Resinpave™) is a preferable surfacing material due to its low environmental impact and natural color. These high strength products are made of renewable resources, suitable for all weather and climate conditions, and can be applied at ambient temperatures. It is very important that all paving be installed on suitable subgrade that meets at minimum the following typical specifi cations: • Organic material on the existing trail and in areas to be expanded shall be removed and the existing trail base will be widened to six feet. • Following compaction of the graded and widened subgrade, geo- textile fabric is to be installed. • Following geo-textile fabric installation, a minimum of 0.4 feet of 5/8 inches minus crushed rock fractured all sides shall be installed in newly excavated areas and compacted to a 90 % compaction using a mechanical roller or compactor. Asphalt and/or natural emulsion pavement will be installed as per the manufacturer’s specifi cations. It is important to note that the trail surface installation, erosion control and associated structures could be achieved with increased effi ciency if the trail can be accessed by heavy equipment. Some equipment can require clearances of up to 12 feet in height and 9 feet in width plus additional area to maneuver. This could, at least temporarily, impact important aesthetic features of the trail related to the canopy and edge vegetation. Methods and equipment are available that allow for low impact construction in hard-to-reach locations. However, they can add signifi cant cost to a project and are generally logistically challenging. It will be important for the USFWS to manage the design and construction of this trail closely to optimize between cost eff ectiveness and potential impact.

Erosion Control There are many locations along the Cukish Trail where erosion and slumping will need to be addressed with various erosion control measures. Typically this is addressed by back fi lling these areas with large quarry rock or concrete and/or asphalt construction debris (a.k.a. rip rap). This method is not likely to be ecologically or aesthetically appropriate in this area. A combination of hard armoring, geotextile, fi ll and native plantings should be adequate to address this problem. Any permanent revetment structure will need to be appropriately engineered to ensure suitability and strength. In order to accomplish this a coastal engineer will be contracted to provide design and specifi cations for a bioengineered revetment structure. Alternative technologies could include gabbions, willow waddles, sheet piling, cellular confi nement, geotexfi le layering, or a

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Figure 4-5. Example of Erosion Control Cross-Section

combination of any of these.

Ki’mak Trail The Ki’mak Trail, meaning whale in Wiyot, is a proposed new trail that will extend from the Cukish Trail up a large dune, past a dune overlook view deck, over open sand and nearshore dunes, to the beach. It passes through the corner of Ma-le’l South/BLM property, a portion of Humboldt Bay wallfl ower populations, and nearshore dunes densely vegetated with European beachgrass.

The Ki’mak Trail will include the following improvements: • Cable steps will be installed up the dune towards the dune overlook view deck as per the Trail Handbook (California Department of Recreation, 1990). Location of proposed cable steps and • The trail will be marked with trail markers at appropriate sight distances dune view deck. for clear trail delineation, as discussed in the signing section.

Hop’o’y Trail The Hop’o’y Trail, meaning “berries” in Wiyot, is an existing loop trail through the forest that will extend from the Cukish Trail. Hop’o’y Trail will include the following improvements:: • At the Hop’o’y trailhead steps and rail will be installed to ease access

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and eliminate erosion potential. • Along the Hop’o’y Trail approximately 150 feet of steps and rail will be installed to replace a dilapidated wooden staircase. • In the area where there is a predominance of reindeer lichen (Cladina portentosa ssp. pacifi ca), the trail will be re-aligned and delineated with peeler core logs or other natural material to protect this unique and sensitive ecosystem. • The dilapidated cabins near the meadow in the northern portion of Location of Ki’mak Trail across USFWS property will be dismantled and removed. nearshore dunes to the beach. • The trail that leads to the bank of Iron Creek will be decommissioned in order to eliminate impact to salt marsh vegetation.

Hudt Trail The Hudt Trail, meaning surfi sh, will be an open dune trail to the beach that extends from the forested Hop’o’y Trail. The trail will ascend a large moving dune, then descend to nearshore dunes, and cross a seasonal wetland where it will continue over the primary dune system to the beach. Hikers can return to the forest by following this trail in reverse or by walking south on the beach strand for approximately 1,000 feet to a marked trail that re-enters the foredunes and returns to the Ma-le’l North parking area via the Ki’mak Trail. The set of trails could also be hiked in reverse by starting at the Kimak Trail. The Hudt Trail may include the Location of Hudt trail through dune following improvements: swale to the beach. • A new, less steep forest exit, or forest egress, will be delineated at the Hudt trailhead and cable steps will be installed to enhance access up the dune and out of the forest (For detailed specifi cations see “Trails Handbook” mentioned above). • The trail will be marked with trail markers at appropriate sight distances for clear trail delineation, as discussed in the signing section. In particular, a marker will be placed north of the large dune that is visible from the top of the forest dune egress steps. • A small puncheon-style footbridge will be installed in the foredunes across the seasonal wetland. (For detailed specifi cations see “Trails Handbook” mentioned at the beginning of this section). 4.4.6 Trail Amenities Location of new forest egress at the Wooden Benches Hudt trail head. The existing wooden benches along the trail will be replaced at the same locations to provide resting places for hikers. The City of Arcata purchases benches from the California Department of Forestry and Fire Protection’s (CDF) High Rock Camp (Contact Ken Davis, 707-946-2362).

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Wetland View Deck At a point approximately 1,200 feet along the Cukish Trail from the trailhead, the existing wetland view deck will be replaced with a structure of similar dimension. Figure 4-6 illustrates the conceptual elevation of the wetland view deck. The structure will be appropriately engineered to ensure the safety of the user, and will be constructed with the following specifi cations: • The deck will have a bench maximum fl oor clearence of 10 feet x 10 feet, which is the size of the current structure. Minimum fl oor clearance (5 feet x 5 feet) to accommodate wheelchair access.

• Where appropriate synthetic and/or treated construction materials will be used to reduce the opportunity for decay. • If possible the portion of the deck that extends out over the wetland will be supported by post piles. If it proves to be infeasible to install piles at this location then a cantilever support system similar to the existing structure will be constructed. • Work on the view deck will not occur during osprey nesting period, to eliminate impacts to the nearby nesting site.

4.4.6 Fencing Fence Removal

An extensive system of remnant and unused post and wire fencing exists throughout the Ma-le’l Dunes CMA. To improve aesthetics and alleviate tripping hazards, fencing along the following locations will be removed:

Ma-le’l South • Wooden post and wire near the previous special events area, along the foredunes of Ma-le’l South, and along the BLM/USFWS property boundary will be removed. • Wooden posts and wire that exists along the west side of the access road north and south of the caretaker residence on BLM property will be removed.

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Figure 4-6 Wetland View Deck

Ma-le’l North • Random post and wire fencing will be removed along the Fernstrom- Root/southern boundary of the property throughout the nearshore dunes, and at the primary dune.

New and Repaired Fencing New fencing should be installed only where physical separation is necessary to increase safety, to delineate jurisdictional boundaries, and/or to preserve adjacent landowner privacy. With this in mind, new fencing will be installed at the following locations: • Along the length of private property boundaries that border the access road. This fence should be approximately 300 feet long, 8 feet high, and made of wood frame and boards. A mixed border of native shrubs such as wax myrtle, fl owering currant, and twinberry should be planted on the access road side of the fence. The USFWS access road boundary should be delineated as part of this process. • Along the 2,000-foot length of SPI property where it borders the access road. This fence should be a live fence, consisting only of native trees, shrubs and including beach pine, sitka spruce, wax myrtle, fl owering current, salmonberry, elderberry, thimbleberry and twinberry. The SPI property boundary will be further delineated by boundary signing as discussed in the signing section. • A gate along the eastern border of the HBMWD easement and access road intersection should be repaired or replaced.

Dilapidated Structures and Kiosks Several structures throughout the area will be demolished and the materials recycled or burned as appropriate. The structures include:

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Ma-le’l South • Special group area structures.

Ma-le’l North • Iron Creek structures • Kiosks located at the forest egress and at the end of the railroad berm • Entry sign, bike rack, iron ranger Old post and wire fences lie along the southern boundary of the Fernstrom- Root propety in Ma-le’l North.

4.5 Signing, Interpretation, and Information An information, interpretation and signing program will enhance access to interpretive information about the natural and cultural features of the area. A successful interpretation program will foster appreciation and understanding, create an enjoyable experience and inspire stewardship for the resources. In addition, an eff ective interpretive program will help minimize the need for law enforcement by communicating management goals and use regulations. This will be accomplished through publications, programs and a signing plan with clearly identifi ed themes and messages.

4.5.1 Signing Plan Objectives A coordinated signing plan for the Ma-le’l Dunes CMA will provide a consistent look and message for both management agencies within Ma- le’l Dunes CMA. It is recommended that a Ma-le’l Dunes CMA logo be developed and used on appropriate signs. A well-designed logo will eff ectively communicate to the visitor the joint management while still allowing each agency to incorporate agency-specifi c signing that informs the visitor about diff erent use levels. A joint logo will include both agency logos as well as a unifying design element, such as a Wiyot basket pattern, indicative of the cultural signifi cance of the area.

Guidelines for Development The development of a signing program will be consistent with the Humboldt Bay Interpretive Signing Manual (2003) developed by the Natural Resources

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Division of the RCAA. The Signing Manual outlines the step-by-step process from planning to installation of interpretive wayside signs and welcome signs for public access sites around Humboldt Bay. The manual also provides sign templates depicting the area’s natural history including the Mad River Slough and dune habitats. This signing program for the greater Humboldt Bay area is designed to promote attractive, informative and consistent signing made of durable materials and aimed at establishing the bay as an accessible destination for locals and visitors. Signing guidelines exist for both the BLM and the USFWS. In creating a signing plan for signs on USFWS property, some guidance may be found in the USFWS Signing Manual, and subsequent updates. The USFWS Region 1 Signing Coordinator, (currently Vaugh Ruppert: (503) 872-2702) is available to review custom signing plans for the USFWS portions of the Ma-le’l Dunes CMA. Generally, USFWS has a fl exible signing policy that recognizes the diff ering management needs for individual refuges. USFWS may order signs from the Region 3 Sign Shop by contacting the Region 1 signing coordinator. For signs on the BLM property, the 2001 draft Sign Handbook, chapter 4 addendum of Draft Design Standards should be consulted. BLM signs can be fabricated by the BLM Sign Shop in Rawlings, Wyoming or contracted locally in a manner consistent with the BLM sign handbook.

Recommended Materials • Medium-Density Overlay Plywood (MDO) Marine-quality ¾ inch plywood with one side covered with a smooth but more porous overlay than high-density overlay (HDO) plywood. The porosity of the overlay allows the paint to bond with the substrate better than the more expensive HDO. Available at most local sign shops. • Aluminum. Recommended for road signs and boundary signs. • Polyplate. Fiberglass reinforced composite. Excellent surface to receive all types of graphic applications. Weather resistant, durable, lightweight.

• High Pressure Laminate panels. Recommended for interpretive trail signs. Highly resistant to vandalism. • Corroplast. A plastic substrate available in 4’x8’ sheets. Decals adhere easily to the surface. Recommended for temporary signs (trail closure, restoration areas, etc.). • Alumacore light-weight aluminum material ideal for applying decals, U.V. protective coating. Sign Shapes/Colors • A rectangle with the longer dimension orientated horizontally will be used for most informational signs. • A rectangle with the longer dimension vertical will be used for most Manila, California March 2008 4-25 Exhibit 2: Access Management Plan

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regulatory and warning signs. • Pantone brown 469 background with white lettering will be used for recreational signs and most regulatory signs. • White background with red or black lettering will be used on road signs and regulatory signs needing special emphasis. Sign Types A variety of sign types described below are recommended to welcome the visitor and to provide direction and guidance regarding land use regulations, interpretive information and boundary demarcation. Depending on their design and placement, signs can have information on them that serves simultaneous or single functions. The discussion that follows groups the recommended types of signs into seven categories: • Entry • Information and Safety • Boundary • Regulatory • Directional Trail Signs • Interpretive • Temporary Within these groups additional categories of signs are recommended and details specifi ed. Figure 4-7, the Ma-le’l Dunes CMA Signing Map, illustrates the recommended, general location of each type of sign within the project area. In general, placement of signs should be carefully selected to minimize visual impacts on the surrounding natural area while providing adequate visitor information and guidance. Entry Signs Highway and Coastal Access Signs BLM will contact the CalTrans Regional Sign Coordinator (Dave Gustafson, 445-6379) to provide two signs (one north facing, one south facing) with the words” Ma-le’l Dunes Access” and an arrow directing visitors traveling along Highway 255 to turn onto Young Lane. The sign will be approximately 60 inches wide and 30 inches high. It will have white letters on a brown background. Coastal Access signs, which include the Coastal Access logo (footprints and wave) are supplied by the California Coastal Commission and are installed on state highways by Caltrans. These signs will be installed in conjunction with the “Ma-le’l Dunes Access” highway sign described above.

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• The Coastal Access signs are 4 feet x 4 feet with white lettering on a brown background. • BLM will contact Linda Locklin at the California Coastal Commission [email protected] or (831) 427-4875 to request that signs be installed. Traffi c and Parking Signs Signs with pedestrian and bicycle traffi c symbols will be installed on the access road just past the entrance gate of Ma-le’l North. Speed limit, “no parking” signs and tow-away signs should also be placed at appropriate locations along the access road.

Main Entry The main entry to the CMA is located at the intersection of Young Lane and the access road. This is the fi rst point where visitors will be informed about allowable uses of the area. A new, permanent entry sign will be installed, which will meet the following specifi cations: • The sign will read: “Ma-le’l Dunes Cooperative Management Area” and will have both the USFWS and the BLM logos. • Universal symbols with arrows will be prominently displayed to inform visitors of the allowable uses. • The sign will be approximately 4 feet x 8 feet and should refl ect the distinct character of the area and incorporate a logo created specifi cally for the CMA. Another sign nearby will display the distance to the Ma-le’l North parking area. With limited parking at the Ma-le’l North parking area, it is important that visitors quickly understand the broader range of permitted recreational uses allowed in the southern portion of the CMA.

Ma-le’l South Entry Some signs for the Ma-le’l South entry have already been installed and are described in the existing conditions Section 3.2.1, Existing Use and Access Infrastructure, Ma-le’l South. An additional sign is recommended on the access road heading south indicating “no parking” at the trail entry and An example of a coastal access sign. directing cars to proceed to the Ma-le’l South parking entry.

Ma-le’l North Entry There will be two signs adjacent to the access gate across Ma-le’l Road, which will contain the following information: • “Ma-le’l Dunes Cooperative Management Area, Open to Vehicular Traffi c Friday through Monday. Open to bicycles and pedestrians Seven Days a Week. Open Sunrise to 1 Hour After Sunset, No Camping.” This sign will be approximately 2 feet x 2 feet.

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Figure 4-7

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• The RGC hours of operation, which are 10-4, Saturday and Sunday, and contact information. This sign will be approximately 3 feet x 3 feet. Keeping these two signs separate and diff erent in appearance will make it clear that the RGC is a separate entity. At the Ma-le’l North parking area, there will be a rectangular entry sign, approximately 48 inches x 24 inches, with a brown background, white lettering. It should contain the following information: • “Ma-le’l Dunes Cooperative Management Area North Entrance” with the USFWS logo. • In smaller letters it should indicate that it is the Ma-le’l Dunes Unit of the Humboldt Bay NWRC. • Universal signs for no dogs, no horses, no camping, binoculars, and wheelchair access will be included.

Information and Safety General site and safety information will be conveyed on signs placed in both the Ma-le’l South and Ma-le’l North parking lots.

Kiosks “Rocket”-style kiosks will be located at both the Ma-le’l South and Ma-le’l North parking area trailheads. Kiosks will contain a trail map, a list of use regulations and interpretive and safety information. Near each kiosk, there will also be a visitor sign-in sheet contained in a weatherproof structure. Safety issues to be addressed include: • Tsunamis • Poison oak • Low tidal warnings to boaters • Warning not to leave valuables in car • Any aggressive behavior of dogs should be reported t othe BLM Ranger and/or care taker. Orientation Signs Orientation signs will help visitors orient as they visit diff erent use areas within the site. The sign content will include: • “You are here” with an arrow • Trail map • “No cross country hiking beyond this point” • “No dogs/horses” or symbol • Other site amenities such as parking lots

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• Trail lengths and level of diffi culty • Suggested size: 11 inches x 14 inches Boundary Signs Boundary signs will be carefully placed to demarcate ownership change or a change in jurisdiction. Signing intervals of boundary signs may vary depending on safety concerns, impact to the visual quality of an area or issues regarding enforcement of use regulations. Generally, boundary signs shall be in the line of sight. In the project area there are six boundary types to be signed: • RGC property boundary signs should be erected along the length of the fence line at appropriate intervals. The boundary should be signed with: “Redwood Gun Club, Do Not Enter”. An entry sign, approximately 4 feet x 3 feet should be placed at the RGC entry gate stating: “Redwood Gun Club Open 10-4 Saturday and Sunday (with contact information).” • The USFWS Boundary will be signed with the USFWS “A” Series Blue Goose sign. The sign should be white with blue lettering, 11 inches x 14 inches, and should be in the line of site, no more than ¼ mile spacing between signs with the exception of the property line between the USFWS and the BLM. This boundary will have signing limited to areas where the trail intersects a property line in order to minimize the visual impact in an open dune area. This customized approach to boundary signing is acceptable due to the unique nature of the CMA (personal communication, Eric Nelson, 2005). • Boundary signs at approximately 300-foot intervals will be installed to designate the Ma-le’l South and Ma-le’l North property boundary. • “No dogs beyond this point” signs to be posted with USFWS Boundary sign. • The boundary between the Ma-le’l Dunes Unit and the Lanphere Dunes Unit should be signed at intervals of no more than 300 feet from the beach to the forest edge to indicate a USFWS management change. • The SPI boundary will be signed along the access road and the North parking lot. Signs will be approximately 11 inches x14 inches and read: “Sierra Pacifi c Industries- Do Not Enter.” These boundary markers will also be placed on the gate where Sierra Pacifi c Industries’ boundary crosses the HBMWD easement with the additional statement: “Unauthorized Access Prohibited.”

Regulatory Signing Regulatory signing will convey Ma-le’l Dunes CMA regulations, especially in areas with a high potential for user confl icts. It is recommended that most regulatory signs at the CMA be brown with white lettering with the exception of road signs, which will be white with black or red lettering.

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Visual elements and regulatory language for signing should be clear, attention-grabbing and consistent with the management guidelines of both BLM and USFWS. In addition, restrictions related to the following subjects should be addressed: • Hours of operation and gating policies • Traffi c and parking • Biological resources protection including restriction of boating and landing on the salt marsh areas or islands’ • Cultural Resource Protection

Directional Trail Signs Trail Route and Distance Markers In open dune habitats it can be diffi cult to distinguish trail corridors. Trail route markers will be used to create a trail corridor in open dune situations that lack a clear path. • Where corridors are undefi ned, the distance between markers will depend on the line of sight. • Markers will be constructed using 4 inches x 4 inches redwood posts with a 2 inches circle routered on the front. The routered circle will be color-coded to match area trail maps. This system is used at Manila Dunes Recreation Area and a similar system is used at Lanphere Dunes. • At trail junctions where visitors have a choice of routes, low, wood- routered signs will contain trail names, arrows and mileage and destinations as appropriate. These will be done in the same style as the trail directional signs at the former Mad River Slough and Dunes.

Interpretive Signs Trailside Interpretive Signs Interpretive trail signs will be limited to the parking and picnic areas and the ADA accessible Cukish Trail. Sign design should be consistent with other interpretive signing on site and should adhere to the RCAA Interpretive signing manual (2003). Interpretive themes are discussed below. The signing manual provides a variety of sign base options. • These signs will use the Mad River Slough template from the RCAA signing manual, be 24 inches x 36 inches, and be made of high-pressure laminate material. • It is recommended that the interpretive signs along the trails be constructed in a cantilevered style with bases similar to those at Headwaters Forest trail (see photo on this page).

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Temporary Signs Low-cost temporary signs may be needed for seasonal postings or to indicate areas undergoing restoration, etc. Examples of temporary signs include: • Signing to deter mushroom picking in forest areas. • Signing for areas along bank of slough indicating “No Landing/ Re- vegetation in progess,” and “Re-vegetation/erosion control in progress.” Temporary signs should be constructed using Corroplast with UV resistant materials and should contain the Ma-le’l Dunes CMA logo.

4.5.2 Interpretation and Information Interpretive Themes Interpretive information should be organized around main themes that are engaging and help the visitor easily assimilate information. When material is organized around themes, all interpretive information relates back to the main theme and sub themes. Sub themes develop detailed messages that support the main theme. Visitors are more likely to take home key messages when information is organized thematically.

Main Theme The Ma-le’l Dunes is a culturally signifi cant place to the Wiyot people who have a long history of habitation in the area and of making use of the area’s diverse and abundant resources.

Sub-Themes The following are sub themes that should be incorporated into interpretive signs and publications. The Cultural Resource Specialist for the Wiyot Tribe should be consulted when developing for the public interpretive information relating to Wiyot culture. • Restoration activities help restore natural diversity and endangered species habitat. • The juxtaposition of eleven diff erent habitat types in a relatively small area is responsible for the wealth of diversity found within the Ma-le’l Dunes. • The Mad River Slough’s long history of use both for travel and as a source for food continues to this day. • Public involvement has played a critical role in the protection of the Ma- le’l Dunes.

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Publications and Public Information Humboldt Beach and Dunes Map and Guide The Humboldt Bay Beach and Dunes Map should be revised and updated to include the Ma-le’l Dunes CMA. The map has had several reprints with the same cover. The map was originally printed with funding from the SCC as part of the HBDMP implementation grant. In the past the BLM ,USFWS and the County have provided funding for reprints.

A map should be updated and reprinted with consideration of the following An example of an interpretive sign an recommendations: base at Headwaters Forest Trail. • A reprint with a new cover, featuring a photo from the Ma-le’l Dunes, will capture attention and stand out as compared to previous reprints. RCAA’s current Humboldt Bay Trail Plan layout should be incorporated into the revised map. • The look of the map should be updated with new photographs. • Much of the information and layout can stay the same and public access information about the Ma-le’l Dunes should be added including: • Location • Open hours • Describe cooperative management • Indicate allowed uses (using universal symbols) distinguishing between north and south • Description of unique features Trail Map and Brochure A Ma-le’l Dunes Trail Map and Brochure should be created to include: • A detailed map of the trail system, color-coded such that trails are easily identifi ed. • Use regulations, distinguishing between north and south jurisdictional regulations relating to horses, dogs, no camping, fi res, etc.

• Natural history information relating to the key interpretive themes for the area. • Information about the activities of the RGC, including open hours, shooting limited to a supervised target range, etc. • Updated information regarding cultural and environmental values of the area. • How the eff orts of the Humboldt Coastal Coalition, FOD, SCC, FWS, BLM, CNLM and other community members helped to create and protect the Ma-le’l Dunes CMA.

Pocket Field Guide

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A fi ve-panel laminated fi eld guide focusing on beach and dune fl ora and fauna was produced by the FOD with funding from the HBDMP implementation grant in 2000 and should be updated to highlight the Ma- le’l CMA.

Humboldt Bay Water Trail The kayak and canoe ramp in Ma-le’l North will be incorporated in the Humboldt Bay Water Trail system and associated trail map and guide. Humboldt Bay Water Trail signing from the RCAA signing manual will be used to convey information about tides and boat safety.

Posting Public Information Other information about the CMA that should be conveyed to the public will be posted within a space provided on the “rocket” kiosks located at each trailhead entry. Information that the public should be aware of relative to the area will be posted within the kiosk.

Interpretive Programs It is anticipated that FOD will play an important role in the implementation of interpretive programs at Ma-le’l Dunes CMA. FOD will be the clearinghouse for scheduling interpretive programs involving other groups/organizations using a web-based calendar. To the extent that funding and personnel permit, FOD will continue conducting volunteer restoration days and will return to off ering public-guided walks in the area. Other potential partners for providing interpretive programming in the Ma-le’l Dunes CMA include: • Audubon • California Native Plant Society • HSU Natural History Museum • Explore North Coast • Sierra Club

Manila, California March 2008 4-36 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan 5.0 Access Operations and Management

This chapter describes strategies for maintaining public access at Ma-le’l Dunes CMA, discussed under the following components: 5.1 Agency Coordination and Cooperative Agreements 5.2 Visitor Management 5.3 Enforcement and Security 5.4 Adaptive Management

5.1 Agency Coordination and Cooperative Agreements Emily Walter The view of the Mad River Slough and The success of maintaining public access to the area relies on the Humboldt Bay from Ma-le’l North. cooperation of several partners. To this end, BLM and USFWS will cooperatively manage the properties contained within the Ma-le’l Dunes CMA for public access consistent with stated agency objectives, not precluding changes in management pursuant to policy mandates. BLM and USFWS will also work with FOD, the Wiyot Tribe, RGC, HBMWD, and SPI to conduct operations and maintenance of the area and its infrastructure. In order to facilitate cooperation and coordinated management for public access, cooperative agreements between the two agencies and between the agencies and the large landholding entities adjacent to the CMA will be prepared and executed. Separate cooperative agreements may be necessary to delineate cost-sharing of labor, services and/or equipment. These agreements will facilitate interim public use on USFWS and BLM lands prior to the USFWS completion of a Comprehensive Conservation Plan (CCP) scheduled for 2008, and the BLM Resource Management Plan Amendment scheduled for 2007. Below is a list of recommended agreements and recommended stipulations for each.

1) Agreement between BLM and USFWS for the management of the Ma- le’l Dunes CMA Within this document BLM and USFWS should agree to: • Meet quarterly or more as needed to discuss public use concerns. • Collect and share information on visitor use and biological data, including monitoring data on the western snowy plover and endangered plant species, which will aid in the public use and natural resource management of the Cooperative Management Area. Manila, California March 2008 5-1 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

• Collaborate as appropriate on funding opportunities consistent with the goals of this Plan. • Maintain a consistency in appearance of CMA (North and South) that conveys to the visitor the cooperative nature of the landholding agencies within the area. • Develop of appropriate tools including cooperating agreements between USFWS, BLM and other parties such as FOD that will allow for interagency exchange of goods and services. • Outline the responsibilities of both BLM and USFWS with regards to the caretaker’s duties, supervision, and facility development and maintenance. • Develop protocol regarding law enforcement. • Work with the offi ce of Emergency Services to develop a tsunami response plan, which would address the style and location of tsunami signing and postings which would specify evacuation protocal, and integrate the caretaker in evacuation activities. The existing Supplemental Agreement between BLM and USFWS regarding law enforcement may be used to provide enhanced protection for persons, property and resources at the Ma-le’l Dunes CMA. 2) Agreement between BLM, USFWS and RGC This agreement should address the following: • Maintenance of boundary fencing. • Use of the access road and cost-sharing of roadway maintenance based on the average monthly (or yearly) use of the roadway by RGC members. • The closing and opening of gates. • Provisions for security of the RGC’s property boundaries by the CMA caretaker. • Provisions that BLM and USFWS work with the RGC to develop signing and brochure language that informs the public that they should not be alarmed by shooting noises, that the gun club is a controlled environment but that for safety, the public should stay out of the gun club’s property (RGC, et al, 1990). • Provisions that BLM and USFWS work with the RGC to address invasive species and animal-friendly fencing. 3) Agreement between BLM, USFWS and the Wiyot Tribe BLM and USFWS should enter into an agreement with the Wiyot Tribe in order to provide increased cooperation between parties to develop opportunities for subsistence activities and to further management goals on the Ma-le’l Dunes CMA relating to traditional cultural Wiyot practices.

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Ma-le’l Dunes Cooperative Management Area Public Access Plan

The agreement will facilitate the issuance of special use permits to tribal members for the gathering of plant material or other materials for personal use within the Ma-le’l Dunes CMA. The terms of the use will be stipulated in the agreement or individual permit. BLM and USFWS will work to develop a special permit process for this use and a monitoring program to measure eff ects on biological resources.

4) Agreement between USFWS and SPI USFWS should consider entering into an agreement with SPI to address the maintenance of boundary fencing, maintenance of the drainage ditch that runs along the east side of the access road, and provisions for security of SPI’s property boundaries.

5) Agreement between FOD and BLM The FOD has a current memorandum of understanding with the Humboldt Bay NWRC regarding their role as a refuge support group. FOD should develop an assistance agreement with the BLM to identify common goals and projects so that they can work with BLM’s interpretive staff to develop collaborative programs and avoid duplication.

5.2 Visitor Management Planning for the management of public areas can be diffi cult because of the lack of reliable data about visitor use and relevant information about the status of natural and physical resources. The availability of reliable data can increase the ability of area managers to anticipate and control use to suit the management objectives of the area. Visitor use information can also be helpful in the pursuit of grant funding because it establishes the number of benefi ciaries of a proposed project. In order to eff ectively manage Ma-le’l Dunes CMA visitors, this Plan recommends that: • A caretaker will be contracted to reside within the project area and assist with visitor management throughout the area. • Visitor records and census data will be collected by the caretaker and given to respective agencies. • Site-specifi c visitor management strategies will be developed and employed. Some strategies regarding traffi c parking are discussed further below. 5.2.1 Visitor Records Visitors to the Ma-le’l Dunes CMA will be requested to sign their names and place of residence on sign-in sheets located at the kiosks at both the south and north entrances to the area. In addition, FOD will maintain Manila, California March 2008 5-3 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

attendance and participant records for all fi eld trips, tours and volunteer restoration workdays and these records will be made available to the respective agency. Sign-in sheet and FOD information should be Other Park Management tasks compared to the results of a visitor census described below. that will be needed: • Clean and stock restrooms 5.2.2 Visitor Census as necessary. • Pick up minor trash as A census to establish baseline visitor information should be conducted within needed, and empty all litter the fi rst few months that the area is formally open to the public. cans as necessary. • Provide brochures to FOD and/or Humboldt State University can be contacted to coordinate the visitors, keep the kiosks survey and the work should be considered as part of a future grant-funded stocked and clean, and project possibly in conjunction with an environmental education and post information and outreach grant program. maps as necessary. Obtain additional brochures as necessary. 5.2.3 Caretaker • Remove and replace visitor A caretaker will be contracted to provide services throughout Ma-le’l register pages and transfer to each BLM, USFWS and Dunes CMA and is critical to the management of visitors in the area. The Friends of the Dunes. caretaker will reside in a small clearing located along the west side of the • Carry radio during road on BLM’s Ma-le’l South property and south of the RGC’s property (See patrols and contact law Figure 4-1). Compensation for caretaker services will consist of free utilities enforcement rangers and a stipend to be provided by USFWS. Utilities provided by USFWS will according to established include electricity, sewer, water, and telephone installation. An analysis of protocol. these cost share expenses appears in Appendix C. • Maintain a written log of violations, incidents and The caretaker position will require knowledge, skill and experience to repair unusual events, and notify and maintain the CMA facilities and amenities such as picnic tables, wooden agency ranger if illegal activities are observed or steps, decking, information boards/kiosks and fencing. Interpretive skill and suspected. knowledge of the area’s resource values will be preferred so that the caretaker can be eff ective in communicating information to the thousands of diverse visitors expected to visit the area. It is further recommended that the specifi c duties and responsibilities of the caretaker should include: • Keeping caretaker residence in a clean and orderly appearance. • Opening and closing the entrance gate at the daily prescribed times. • Patrolling CMA on a regular basis deemed reasonable by USFWS and BLM. Check trails, fences, signs, gates, parking areas, interpretive structures, and research areas. Replace or repair existing signs or other facilities when needed. Notify agency staff if signing or facilities are broken or damaged and cannot be repaired by caretaker. Notify agency staff if casual trails develop throughout forest and dune mat areas, and work with agency to block trail with natural barriers as necessary. Notify staff if HBMWD pipeline becomes exposed along any trail or at any location. • Check parking area for vehicles at closing time. Follow appropriate protocol when vehicles remain. Manila, California March 2008 5-4 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

5.2.4 Traffi c and Parking A number of strategies or protocols are required to control vehicle use by visitors for a variety of situations, such as: • Vehicles parked in parking areas after gate closing time: Caretaker will allow one-half hour grace period. If vehicles remain caretaker will call towing company and allow tow truck through the gates. After vehicle has been towed caretaker will notify agency rangers. • Vehicles parked along the access roadway: Signs indicating that parking is not allowed and that “vehicles parked along the road will be towed” will be displayed along roadway and at locations where parking is likely to occur. The caretaker will call a towing company to have vehicle removed, and notify agency ranger afterwards, or according to protocol. • Ma-le’l North parking area has reached vehicle capacity: During times when heavy visitation is anticipated (for example, on warm weekend days) and when the caretaker has observed that the Ma-le’l North parking area is full the caretaker will place a temporary sign at the south gate indicating the area is full and directing visitors to park at the Ma-le’l south entrance of the CMA.

5.3 Enforcement and Security Law enforcement and security is an important management tool that will assist the agencies in meeting their goal to accommodate: • Safe and orderly open public access. • A range of recreational opportunities without adversely impacting the natural and cultural resources of the area. To this end, BLM and USFWS will work internally and with the sheriff ’s department to create a coordinated approach to law enforcement that will ensure the public a safe visit to the area as well as ensure that the area’s natural resources are protected. The protocol will direct residents to contact the sheriff ’s department or call 911 in case of emergency. Access to the area will be controlled via the Ma-le’l South and Ma-le’l North entrance gates. The gates will have a padlock and key similar to the existing mechanism for locking the entrance gates to the area. The caretaker will be responsible for opening and closing the gates at the proper time, and a defi ned set of protocols will be followed when addressing vehicles or law enforcement needs. Security throughout the area will be addressed via patrols by the caretaker and by law enforcement protocols. The protocol will address how fi re and law enforcement staff will gain emergency access to the CMA.

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Ma-le’l Dunes Cooperative Management Area Public Access Plan 5.4 Adaptive Management Through an adaptive management approach, the cooperating agencies should aim to thoughtfully select and implement management practices and adapt them as necessary to achieve management goals. As time progresses agencies may consider changing roles regarding: trail maintenance and security, additional parking, or the issuance of special use permits. Adaptive management has been used as a resource management technique since the early 1970s and can be defi ned as a systematic process for continually improving management policies and practices by learning from the outcomes of operational programs. It involves synthesizing existing knowledge, exploring alternative actions, making explicit predictions of their outcomes, selecting one or more actions to implement, monitoring to see if the actual outcomes match those predicted, and then using these results to learn and adjust future management plans and policy. Adaptive

Source: 2002 ESSA Technologies Ltd.. management follows a cycle of six key stages, which begins with the assessment of a problem or goal. Some basic assumptions and characteristics of adaptive management are: • Acknowledging that resource management is not a static state, and that policies and practices must be responsive to change in order to be eff ective. • Acknowledging that there is uncertainty about what is the “best” policy or practice for a particular management issue. • Acknowledging that what is the “best” policy or practice can change. • Using the assessment and design stages of the cycle to thoughtfully select the policies and/or practices to be implemented. • Designing and implementing a plan of action to reveal the critical knowledge that is currently lacking. • Selecting policies and/or practices based on the best knowledge currently available, and anticipating adapting them in response to knowledge gained in the future.

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Ma-le’l Dunes Cooperative Management Area Public Access Plan

• Monitoring key response indicators. • Evaluating the management outcomes in terms of the original objectives, and incorporating results into future decisions. 6.0 Public Access Plan Implementation

This chapter presents a phased approach towards implementing the actions for improved public access to the Ma-le’l Dunes CMA. Costs associated with implementation are discussed and a detailed estimate of costs provided. In addition, potential state, federal and local funding sources are listed and discussed.

6.1 Implementation Strategies Recommendations for improvements that are critical to establishing basic park operations, usability, and public safety will be implemented fi rst as “Phase One” improvements. Proposed improvements to enhance the experience of visitors to the area will be implemented in a later stage, and as funding allows, as “Phase Two” improvements. A detailed list of tasks for each phase is contained in Appendix D. The recommended timeline for Phase One is 2005-2006. BLM, which acquired their (former) Buggy Club parcels in June of 2004 and conducted the necessary environmental review in October 2004, completed most access improvements in the spring of 2005 and opened the area to the public in July 2005. Phase One and Two improvements to Ma-le’l South that were not previously subject to environmental review will be evaluated under the CEQUA/NEPA process prior to implementation. Phase one and two improvements will be accomplished by agency staff , general contractors, Youth Conservation Corps, and contracted work crews. Specifi cally, the CCC can construct trails, steps, bridges and view decks. Scheduling the CCC crews for work at the Ma-le’l Dunes CMA should occur in the fall, winter or spring as they are often scheduled for seasonal work in the summer. 6.1.1 Phase One

Ma-le’l South

Infrastructure, use and operational improvements to Ma-le’l South that were not previously considered for environmental review, but are recommended Phase One improvements include: • Closure of casual parking area adjacent to power tower and installation of

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Ma-le’l Dunes Cooperative Management Area Public Access Plan

1,000-foot pedestrian safety corridor along the Ma-le’l Road. • Re-vegetation of casual trails throughout the Ma-le’l South forest. • Extension of proposed Ladtkak Trail for hiking. • Installation of orientation and temporary signing. • Re-establishment of caretaker residence. • Removal of boundary fence between BLM and USFWS. • Development and execution of cooperative agreements and special permit process. Ma-le’l North All proposed improvements to Ma-le’l North will undergo environmental review prior to implementation. Upon approval from regulatory agencies USFWS should make Phase Once improvements generally in the following order: • Recruit and hire caretaker. • Upgrade Ma-le’l Road, including re-location of the gates and installation of entry and boundary signing and fencing along it. • Improve Ma-le’l North parking area and install day use amenities including temporary toilet, trash receptacles, picnic tables, and entry and regulatory signing. • Survey forest and dune trail routes for sensitive plant and insect populations. • Conduct preliminary upgrade of Cukish Trail • Upgrade of Hop’o’y Trail through forest, including installation of steps at trailhead, installation of step and rail near mid-point in trail, the re- vegetation of casual trails, and the removal of kiosks, entry sign, bike rack and iron ranger (at Ma-le’l North parking lot area) and buildings (at Iron Creek). • Establish of new forest egress at the Kimak trailhead. • Establish of Hudt and Ki’mak Trails across the dunes, including a survey and removal of unwanted fences, benches, and the installation of a puncheon bridge. • Installation of directional, jurisdictional boundary and temporary signing • Develop and execute cooperative agreements and special permit process, as necessary. • Create Ma-le’l Dunes CMA trail map and brochure and update Humboldt Bay Beach and Dunes Map • Organize and conduct Ma-le’l Dunes opening ceremony, wherein the appropriate entities, including the Humboldt Coastal Coalition, are recognized for their eff orts in protecting the coastal resources of the area.. • Begin interpretive programs.

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6.1.2 Phase Two

Phase Two improvements will occur as funding becomes available and as the collaborative eff ort allows. Phase Two improvements should include the following:

Ma-le’l South • Replace 100-foot section of step and rail along Wonowk Trail. • Install 30-foot boardwalk in Wonowk Trail. • Establish section of Wonowk Trail spur that will follow a forested ridge from the middle of the Wonokw Trail to the Ma-le’l South parking lot. Ma-le’l North • Upgrade Cukish to ADA. • Repair wetland viewdeck. • Install canoe and kayak landing and launching ramp. • Install vault toilet. • Install cable steps to Dune Overlook and at forest egress/Ki’mak trailhead. • Install interpretive signing and benches along Cukish Trail.

6.2 Implementation Costs The total estimated cost to fully implement the proposed improvements and programs to establish CMA operations are approximately $473,495 (Phase One at $131,120 and Phase Two at $342,375). Line item cost estimates for Phase One and Two are outlined in Appendix E. Estimates were derived from industry standards, the experience of the Plan authors and BLM and USFWS staff , and conversations with stakeholders and contractors. A special eff ort was made to take into account for logistical challenges associated with the physical remoteness and environmental sensitively of much of the plan area. Project management, environmental review, permitting and contingency costs were also added based on estimated base construction and development estimates. The two largest costs for physical improvements are the bank stabilization or erosion control along the railroad berm ($56,000) and the installation of an ADA trail along that same structure ($120,000). These features are also associated with the largest potential variations in design and installation costs. More detailed analysis and design are required to accurately assess these costs. Both of these are Phase Two improvements and are not required to establish park operations. The third largest physical cost is for Manila, California March 2008 6-3 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan the installation of the two prefabricated vault toilets ($16,500 each). These structures have a relatively fi xed cost. The cost estimate assumes installation by private contractors or contract labor with project management by the participating agency staff . No donated labor or materials were assumed. At this time, local material and labor costs are fl uctuating dramatically thus estimates should be updated as necessary during the implementation process.

6.3 Funding Strategies Implementing the recommended access improvements hinges on securing funding For this project, there is a wide variety of funding programs and possibilities available at the state level.

The Ma-le’l Dunes CMA will be cooperatively managed and maintained by BLM and USFWS. Their partners include a diverse stakeholder group consisting of FOD, the RGC, SPI, and the Wiyot Tribe. Federal agency partnerships with private and non-profi t entities provide for cost share due to the leverage they off er. Funding agencies or organizations commonly require that all necessary environmental review and permitting be approved prior to disbursements. As the Ma-le’l CMA project has already completed or initiated these processes, funding opportunities are all the greater. The following is a list of grant and program sources identifi ed by the access planning team to be relevant to the various key elements of the access plan, including: public access, recreation, environmental education, and habitat restoration and protection. Initial contact with program representatives should occur when appropriate.

6.3.1 State Funding Sources State Coastal Conservancy The SCC manages several programs that provide grant funds for coastal trails, access, and habitat restoration projects. The funding cycle is open for these programs. The SCC has proven their strong interest in the coastal public access element of the Ma-le’l Dunes CMA, having provided funds for the development of this access plan, and would likely be interested in assisting with implementation of access improvements

.

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California Department of Parks and Recreation, Recreational Trails Program This program provides up to 80% of project funding for recreational trails and trails related projects; funding is available for both motorized and non- motorized trails. Eligible projects may include acquisition, development, or rehabilitation of recreational trails. Funding is available to entities that have management responsibilities over public lands. The annual application deadline is October 1st.

California Department of Parks and Recreation, Habitat Conservation Fund Administered by the California Department of Parks and Recreation, this program provides matching funds to local governments for habitat restoration and for public access projects that help urban residents access wildlife areas. The program can provide up to 50% of the required funding for wildlife corridors and trails; riparian habitat; for rare and endangered, threatened, or fully protected species; or aquatic habitat for spawning and rearing of anadromous salmonids. Only local units of government are eligible. This program will allow up to 20% of awarded funds to cover planning and project administration. Funding requests are generally due on October 1st.

Land and Water Conservation Fund (LWCF) The LWCF is a reimbursement program administered by the National Park Service and California Department of Parks and Recreation. Projects are limited to outdoor recreation purposes and indoor facilities that support outdoor recreation activities, and may include acquisition or development of neighborhood, community, and regional parks and recreation facilities, as well as the acquisition of wetland habitat. LWCF requires a 50% match. Eligible applicants include entities with authority to acquire, develop, operate, and maintain public park and recreation areas. The application deadline is May 1st annually.

California Department of Fish and Game, Public Access Program This program provides state/local cooperative projects with funds (not grants) for acquisition or improvements that preserve wildlife habitat or provide recreational access for hunting, fi shing, or other wildlife oriented recreation. Qualifying projects include development of fi shing piers or fl oats, access trails or roads, boat launches, wildlife observation and interpretive trails, restrooms, and parking areas. Funding can be up to $250,000, not including engineering and CEQA costs, and no matching Manila, California March 2008 6-5 Exhibit 2: Access Management Plan

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funds are required for non-pier projects.

California Department of Fish and Game, Wildlife Conservation Board (WCB)

Th e WCB provides funds for habitat restoration and wildlife access projects. Th e board meets ten times annually to select projects. Th e WCB has a similar process to that of the State Coastal Conservancy in which funds can be secured on a relatively short time line. Th eir staff are interested in receiving proposals that have the consent of the local DFG offi ce.

California Conservation Corps (CCC)

Th e CCC has matching Proposition 12 and 40 funds. Th eir Fortuna Center may be interested in potentially supplying labor for trail construction and environmental restoration. It is a requirement that work is crafted to serve as education for the Corps members. For instance, the uniqueness of the Ma-le’l Dunes ecosystem and Wiyot cultural history could be taught by local experts. Once project specifi cs are known, Fortuna Center coordinator Mel Kreb, or his staff Tom Merrill or Bob Frechou, should be contacted to determine potential CCC availability for partnership.

California Department of Transportation, Environmental Enhancement and Mitigation (EEM) Program

Th is CalTrans program is designed to provide mitigation for Caltrans projects, and is available to local agencies and non-profi ts. A potentially relevant CalTrans project may be related to the nearby State Route 255. Of the three EEM categories, ‘Roadside Recreational’ is likely a good project fi t. A fi rst step is to discuss early project concepts with the local offi ce.

California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002

Given California’s current budget crisis, the funding for many of the programs authorized by Proposition 40, including the Per Capita Grant Program, will occur in a future state budget.

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6.3.2 Federal Funding Sources

National Fish & Wildlife Foundation This federal foundation provides federal matching funds for fi sh, wildlife, plant conservation and education projects as well as public access projects. There are numerous programs, however, one of most relevant to this project is the ‘Pathways to Nature’ program, which funds wildlife and bird viewing and education opportunities at signifi cant nature tourism destinations in the U.S. and Canada. Funds must be matched equally with non-federal matches.

6.3.3 Local Funding Sources Humboldt Area Foundation The Foundation’s mission is “to serve as an independent staging ground for residents, individually and in concert, to build social, economic and environmental prosperity to California’s North Coast”. The deadline for small grants (less than $5,000) is the fi rst day of each month; the deadlines for general grants (over $5,000) are June 1, September 1, and December 1. The Humboldt Area Foundation is primarily focused on smaller projects that benefi t youth and families, and economic development projects in the region. Projects typically funded by HAF do not appear to match rail- trail development. However, if there were individuals interested in acting as benefactors for trail development, the HAF would be an appropriate institution to work with to establish project-specifi c funding programs.

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Ma-le’l Dunes Cooperative Management Area Public Access Plan 7.0 References

Angeloff , N., Heald, L., Rich, W., Weber, B., and Roscoe, J. June 2004. A Cultural Resources Overview and Inventory of Selected Parcels of the U.S. Fish and Wildlife Service Humboldt Bay National Wildlife Refuge, Lanphere Dunes and Proposed Ma-le’l Dunes Unit, Humboldt County, California. Roscoe & Associates and Table Bluff Reservation-Wiyot Tribe. Prepared for U.S. Fish and Wildlife Service, Humboldt Bay National Wildlife Refuge. Arcata, CA. Report on fi le at the Northwest Coastal Information Center, Klamath, California. Borgeld, J.C., M.J. Scalici, M. Lorang, P.D. Komar, and F.G.A. Burrows. 1993. Final Project Evaluation Report, Mad River mouth migration. Unpublished document. California Department of Transportation, District 1, Eureka, California. California Stormwater Quality Association. 2004. California Stormwater Best Management Practice Handbook. California Stormwater Quality Association (online editions). Santa Monica, California. Accessed on November 4, 2005 from .

California Department of Parks and Recreation. 1990. Trails Handbook. Eureka, California. Duebendorfer, T. 1992. Vegetation classifi cation, rare plant analysis, impacts, restoration and habitat management strategies. Unpublished documents. Humboldt County Planning Dept., Eureka, California.

EDAW. 2005. Restoration Plan for the Humboldt Bay National Wildlife Refuge, Ma-le’l Dunes. California Department of Corrections. Pickart, 2005a. Biological Assessment for the Humboldt Bay National Wildlife Refuge, Ma-le’l Dunes Restoration, California Department of Corrections.

EnviroNet Consulting. 2003. Public Participation Plan for Sierra Pacifi c Industries, Arcata Division Sawmill. Arcata, California. Gibbens, M. P. 2000. California Disabled Accessibility Guidebook 2000. 4th Edition. Builder’s Books, Inc. Canoga Park, CA.

Gordon, D.M. 1984. Ecology of Bees from Coastal Dunes, Humboldt County, California. Master’s Thesis. Humboldt State University, Arcata, California. Gray, Donald H. and Robbin B. Sotir. 1996. Biotechnical and Soil Bioengineering Slope Stabilization: A Practical Guide for Erosion Control. John Wiley & Sons Inc. Manila, California March 2008 7-1 Exhibit 2: Access Management Plan

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Humboldt Bay Harbor, Recreation and Conservation District. 2005. Draft Humboldt Bay Management Plan. Eureka, California.

Humboldt County Parks. 2003. Guidelines to Activities at Humboldt County Parks. Eureka, California. Humboldt County Building Department. 1983 Humboldt County Local Coastal Plan. Humboldt County General Plan. Eureka, California..

. 1989. Humboldt Bay Area Plan of the Humboldt County Local Coastal Plan. Humboldt County General Plan, Volume II. Eureka, California.

1993. Humboldt Bay Beach and Dunes Management Plan, Eureka, California Loud, Llewelyn L. 1918. Ethnogeography and Archaeology of the Wiyot Territory. University of California Publications in American Archaeology and Ethnology 14(3): 221-436. Berkeley, California.

NOAA. 2005. Western Regional Climate Center. Online: www.wrcc.dri.edu Nyoka, S., Pickart A. Release 1.0 September 2004. A Pictorial Guide to the Bees of Humboldt Bay’s Dunes. CD- ROM.

Pickart, A. and Sawyer, J. O.. 1998. Ecology and Restoration of Northern California Coastal Dunes. California Native Plant Society. Sacramento, California.

Pickart, A. May. 1990. Final Management Plan for the Mad River Slough and Dunes Cooperative Management Area. In cooperation with The Nature Conservancy, Bureau of Land Management, and Louisiana-Pacifi c Corporation. Humboldt County, California.

Pickart, A. Unpublished. Fact Sheet for Docents. Arcata, California Unpublished Chronology of LP/Buggy Club Protection. , provided for Friends of the Dunes in 1995, Arcata, California.

Redwood Community Action Agency. 2001. Humboldt Bay Trails Feasibility Study, Eureka, California. The Nature Conservancy. June 1997. Transition Plan for the Lanphere- Christensen Dunes Preserve. Prepared by California Regional Offi ce, 2001 Mission St., Fourth Floor, San Francisco, California 94105

State Coastal Conservancy. April 2002. Project Summary, Humboldt Bay North Spit Buggy Club Acquisition. File No.00046. Project Manager: Su Corbaley. Oakland, California. U.S. Department of Interior-Bureau of Land Management. 1988. Archaeological Field Examination Survey Unit Record, Lindgren Parcel, Manila, CA. Arcata, California.

1989. Proposed Arcata Resource Management Plan and Final Environmental Impact Statement, Arcata Planning Area. Ukiah District Offi ce. 1991. Archaeological Field Examination Survey Unit Record, Mad River Slough and Dunes Management Area. Arcata, California.

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1992. Memorandum 8100 AR-49 CA-056 Archaeological Field Examination Survey Unit Record, Manila Dunes. Arcata, California.

1995. Environmental Assessment and Land Use Decision Amendment for the Samoa Peninsula Management Area. Arcata Resource Area, Arcata, California. 2004 a. Ma-le’l Dunes Access Improvements Environmental Assessment (AR-04-14). Samoa Peninsula/ Manila Dunes ACEC. CA-330, Arcata Field Offi ce, California.

2004 b. Biological Assessment for Ma-le’l Dunes Access Improvements for Interim Management. Arcata Field Offi ce, California.

Pickart A. 2004 c. Final Programmatic Report for the Humboldt Bay Dunes Native Grass Revegetation, National Fish and Wildlife Foundation Project 2003-029-017. Arcata Field Offi ce, California. U.S. Fish & Wildlife Service. 1997 a. Conceptual Management Plan for the Lanphere Dunes Unit, Humboldt Bay National Wildlife Refuge. Humboldt County, California. Pickart, A. 1997 b. Environmental Assessment and Land Protection Plan, Lanphere Dunes Unit, Humboldt Bay National Wildlife Refuge. Humboldt County, California. 1998. Recovery Plan for Seven Coastal Plants and the Myrtle’s Silver Spot Butterfl y. Portland, Oregon. 2001. Western Snowy Plover (Charadrius alexandrius nivosus) Pacifi c Coast Population Draft Recovery Plan. Portland, Oregon. 2004. Final Compatibility Determinations and Pre-Acquisition Compatibility Determinations for Lanphere Dunes Unit Modifi cation and the Proposed Ma-le’l Dunes Addition, Humboldt Bay National Wildlife Refuge. Humboldt County, California.

Personal Communications Atkins, Marnie, Table Bluff Reservation- Wiyot Tribe Cultural Resources Specialist. 2005. Discussion with Carol Vander Meer of FOD. Hofweber, Tom, Humboldt County Department of Building and Planning Director. 2005. Phone conversation with Carol Vander Meer of FOD. Nelson, Eric, USFWS Humboldt Bay NWRC, Manager. May 2, 2005. Phone conversation with Carol Vander Meer of FOD. Pickart, Andrea USFWS Ecologist and Bruce Cann, BLM Recreation Planner. October 12, 2004. Email correspondence with Laura Kadlecik of HWR. Wheeler, Jennifer. BLM Weed Eradication Specialist. October, 12, 2004. Email correspondence with Laura Kadlecik of HWR.

Manila, California March 2008 7-3 Exhibit 2: Access Management Plan

Ma-le’l Dunes Cooperative Management Area Public Access Plan

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Manila, California March 2008 7-4 Exhibit 2: Access Management Plan

Appendices

A. Current Access Road Maintenance Method B. Wiyot Trail Names C. Shared Maintenance Responsibilities and Costs D. Implementation Tasks Phase One and Two E Implementation Cost Estimates Exhibit 2: Access Management Plan

Appendix A

Current Access Road Maintenance Method Under current conditions, RGC road maintenance work normally consists of two basic operations. One is general repair work where truckloads of base rock (3/4” minus Class II aggregate base) are shaped by a homemade spreader screed and wheel-rolled for compaction. This work is normally performed once every two years and takes about a day to complete. The second operation is fi lling “pot holes” by shovel loads then dragging the road with the screed to level and reshape it. This work is done between 10 and 12 times per year and is done by one individual. Hours expended are around 50 to 60 per year. Approximately ten cubic yards were purchased by RGC in 2002 and spread over the length of the road, between the two gates, with a small remainder stockpiled for subsequent “pot hole” repair work. Since January 2005, approximately four pick-up truckloads have been purchased and applied to the road (personal communication, email, Bob Fallis, RGC, April 17, 2005). Currently, vehicular traffi c is relatively light, infrequent and controlled. Most of the traffi c occurs on Saturdays and Sundays when the RGC range is open to its general membership and the public. According to Bob Fallis of RGC (personal communication, April 17, 2005), the two most signifi cant factors aff ecting the condition of the road are vehicular traffi c and storm water retained on the road. Currently, storm water retained on the road appears to be most problematic. The road between the two gates is nearly fl at, longitudinally and cross-sectionally. Most of it is in a “choker” condition in between vegetated sand dune and berms. Storm water is trapped on the roadbed itself and can not free-drain off to the side and escape. The only place for this water to go is down, through infi ltration, which is a slow process. Because the base rock is a relatively thin layer on top of sand, when open water is present and traffi c moves across it the hydrostatic shock wave that it sets up causes the fi nes in the base rock to “pump” causing the road surface to lose shape and load-bearing strength, thus creating a “pot hole.” Left unchecked, this process will continue and accelerate, ultimately resulting in the loss of the entire roadbed section. Exhibit 2: Access Management Plan

Appendix B

Wiyot Trail Names

English Wiyot Sounds like north p’uri b’oaree trail woLal north wind dotaga’n sunshine letik sunset katawariSH snake ho’raCH ocean SHu’r berries hop’o’y hophoy bird cukiSH sand latkak ludgug surf fi sh hut hudt south k’atb g’udtb spruce tree wonokw wawnawgw spruce roots top’ dtawb’ whale k’imak g’eemug sea lion ku’moyulił gu’mawyuleeł

Words in bold were selected as trail names for the Ma-le’l Dunes CMA. Spelling of the names is draft and requires further consultation with the Wiyot Tribe. Exhibit 2: Access Management Plan

Appendix C

Shared Maintenance Responsibilities and Costs BLM and USFWS will be responsible for maintenance of all infrastructure, signage and visitor records associated with their respective properties. Table 1 below assigns all other responsibilities to the cooperating partners. The caretaker will carry out routine maintenance, including replacement of signs (other than those to be replaced by BLM), but materials will be supplied by the responsible landholding agency. USFWS will contract with the various entities, including the California Department of Forestry (CDF) to maintain vegetation growth along Hammond Road.

Table 1. Assignment of Shared Responsibilities Maintenance Task Responsible Party Ma-le’l Dunes CMA main entry sign BLM, USFWS Access roadway surface, including portion to Ma-le’l South USFWS, RGC Access roadway signs USFWS, BLM Access roadway vegetation USFWS with CDF Redwood Gun Club boundary signage USFWS, BLM, RGC Redwood Gun Club boundary fences USFWS, BLM, RGC HBMWD easement fence, gate and signs USFWS, HBMWD Caretaker compensation, trailer maintenance, and utilities USFWS Caretaker Radio BLM FOD restoration volunteer and guided walk records FOD

A brief comparison of cost sharing expenses between entities appears in Table 2. Table 2. Comparison of Cost-Share Expenses Cost Share Expenses USFWS BLM RGC Start-up Costs Access Road Improvements $ 5,000 $ - $ - Caretaker Residence re-establishment $ - $ 2,500 $ - Total shared start-up O&M costs $ 5,000 $ 2,500 $ - Annual On-going Costs Access Road Maintenance $ 2,550 $ - $ 450.00 Caretaker salary $ 3,650 $ - $ - Caretaker utilities (power, propane, $ 1,800 $ - $ - water) at $150/mo BLM Ranger Back-up Enforcement $ - $ 9,600 $ - Total shared annual O&M costs $ 8,000 $ 9,600 $ 450

*This cost is based on $1000/yr for vegetation control, $2000/yr for road surface maintenance, and an estimated 85% of use by USFWS and 15% by RGC. Exhibit 2: Access Management Plan

Appendix D

Implemintation Tasks Phase One and Two

PHASE ONE IMPROVEMENTS RESPONSIBILITY INFRASTRUCTURE 1. Establish caretaker trailer pad BLM 2. Improve Ma-le’l Road USFWS 3. Relocate Ma-le’l North entry gate USFWS 4. Install new board fencing, along Ma-le’l Road adjacent to private residential properties BLM USFWS 5. Close parking area at power tower and install 1,000 ft walkway along Ma-le’l Road BLM 6. Install new gate and fencing to HBMWD easement on east side of Ma-le’l Road USFWS 7. Install live fence plantings along Ma-le’l Road adjacent to SPI property USFWS 8. Install new post and wire fencing along Ma-le’l Road adjacent to RGC USFWS 9. Upgrade parking areas USFWS 10. Install temporary restrooms USFWS 11. Install trash receptacles/picnic tables/bikes racks USFWS TRAIL WORK 12. Preliminary upgrade of Gokwera Trail and control erosion USFWS 13. Install trail steps at Hop’o’y Trailhead USFWS 14. Repair step and rail on Hop’o’y Trail USFWS 15. Re-vegetation of casual trails throughout forest and at Iron Creek BLM USFWS 16. Re-route forest egress/Establish Hudt Trail with markers USFWS 17. Establish Ki’mak Trail with markers USFWS 18. Install puncheon bridge over wetland on Hudt Trail USFWS 19. Remove unwanted fences BLM USFWS 20. Dismantle dilapidated structures BLM USFWS 21. Remove existing kiosks USFWS SIGNAGE AND PUBLICATIONS 22. Install new main entry signage at Young Lane BLM USFWS 23. Install Ma-le’l North entry signage USFWS 24. Install highway and coastal access signage BLM PHASE ONE IMPROVEMENTS, continued RESPONSIBILITY SIGNAGE AND PUBLICATIONS, continued Exhibit 2: Access Management Plan

25. Install jurisdictional boundary signage (for RGC, SPI, HBMWD) USFWS 26. Install regulatory signage USFWS 27. Install temporary signage BLM 28. Install trail markers USFWS 29. Install orientation signage BLM USFWS 30. Update Humboldt Bay Beach and Dunes map and create trail brochure BLM USFWS OPERATIONS 31. Hire Caretaker USFWS 32. Develop special permits for overnight camping and vegetative and traditional gathering BLM USFWS 33. Develop and execute agreement between USFWS and BLM BLM USFWS 34. Develop law enforcement protocol BLM USFWS 35. Develop and execute other agreements with partners (RGC, SPI, FOD, Wiyot Tribe) BLM USFWS 36. Organize and conduct opening ceremony CMA Partners 37. Begin interpretive programs CMA Partners

PHASE TWO IMPROVEMENTS RESPONSIBILITY INFRASTRUCTURE 38. Upgrade benches USFWS 39. Install new boat ramp and stairs USFWS 40. Install vault toilets USFWS TRAIL WORK 41. Upgrade ADA Railroad Trail USFWS 42. Install new board fencing, along Ma-le’l Road adjacent to private residential properties USFWS 43. Install cable steps at forest egress/Hudt Trailhead USFWS 44. Wetland view deck repair 45. Dune view deck installation USFWS 46. Replace 100 ft section of step and rail and install 30 ft boardwalk on Wonowk Trail BLM SIGNAGE 47. Install interpretive signage BLM USFWS Exhibit 2: Access Management Plan

Appendix E

ESTIMATED COSTS PHASE ONE

Infrastructure Quantity Unit Unit Cost Subtotal Ma-le’l Road improvements 4400 LN $5.00 $22,000.00 Ma-le’l North Entry Gate 1 Ea $3,000.00 $3,000.00 Board fencing 300 LF $20.00 $6,000.00 Pedestrian walkway 400 LF $15.00 $6,000.00 Gate at HBMWD Easement 1 Ea $3,000.00 $3,000.00 Live fence plantings 500 LF $2.00 $1,000.00 Caretaker trailer pad improvements 1 Ea $1,000.00 $1,000.00 Ma-le’l North parking area improvements 7000 LF $3.00 $21,000.00 Ma-le’l North temporary restroom 1 Ea $1,500.00 $1,500.00 Ma-le’l North trash receptacles 1 Ea $500.00 $500.00 Ma-le’l North picnic tables 1 Ea $1,000.00 $1,000.00 Ma-le’l North bike rack 1 Ea $500.00 $500.00 Ma-le’l North post and cable 300 LF $20.00 $6,000.00 Total Phase 1 Infrastructure Costs $72,500.00

Trail Work Quantity Unit Unit Cost Subtotal Railroad Berm Trail Preliminary 3000 LF $1.00 $3,000.00 Trailhead Steps at Hop’o’y Trail 30 LF $40.00 $1,200.00 Step and Rail on Hop’o’yTrail 75 LF $50.00 $3,750.00 Casual Trail Revegetation 1500 LF $5.00 $7,500.00 Re-route Forest Egress 1 Ea $500.00 $500.00 Hudt Trail trailmarkers 10 Ea $150.00 $1,500.00 Ki’mak Trail trailmarkers 15 LF $150.00 $2,250.00 Puncheon bridge on Hudt Trail 60 SF $75.00 $4,500.00 Remove unwanted fences 5000 LF $1.00 $5,000.00 Dismantle dilapidated structures 2 Ea $2,000.00 $4,000.00 Remove existing kiosks in Ma-le’l North 2 Ea $200.00 $400.00

Total Phase 1 Trail Works Costs $33,600 Exhibit 2: Access Management Plan

Signage Quantity Unit Unit Cost Subtotal Main Entry Signage at Young Lane 1 Ea $2,000.00 $1,000.00 Highway and coastal access signage 2 Ea $1,000.00 $200.00 Jurisdictional Boundary Signage (for RGC, 20 Ea $100.00 $2,000.00 Temporary Signage 8 Ea $50.00 $400.00 Ma-le’l North Entry Signage 1 Ea $1,000.00 $1,000.00 Ma-le’l North Regulatory Signage 5 Ea $500.00 $2,500.00 Ma-le’l South Orientation Signage 1 Ea $1,000.00 $1,000.00 Ma-le’l North Kiosk 1 Ea $5,000.00 $5,000.00 Total Phase 1 Signage Costs $13,100.00

Operations Quantity Unit Unit Cost Subtotal Develop special permits for overnight 0Staff $35.00 camping and gathering Hour Develop and execute cooperative 0Staff $35.00 agreements Hour Develop law enforcement protocol 0 Staff $35.00 Hour Organize and conduct opening ceremony 0 Staff $35.00 Hour Interpretive Programs 0 Staff $35.00 Hour

Total Phase 1 Operations Costs

PHASE ONE SUBTOTAL $119, 200

Environmental Review and Permitting (12%) Project Management (20%)

TOTAL $119, 200 Contingency (10%) $11,920

TOTAL PHASE ONE COSTS $131,120.00 Exhibit 2: Access Management Plan

ESTIMATED COSTS PHASE TWO

Infrastructure Quantity Unit Unit Cost Subtotal Install Vault Toilet 2 Ea $16,500.00 $33,000.00 New Benches 8 Ea $500.00 $4,000.00 Install Boat Ramp and Stairs 400 sf $15.00 $6,000.00 Ma-le’l North trash receptacles 2 Ea $500.00 $1,000.00 Ma-le’l North picnic tables 3 Ea $1,000.00 $3,000.00 Live fence plantings 1500 LF $2.00 $3,000.00 Potable water at Ma-le’l South 1 Ea $7,500 $7,500.00 Total Phase 2 Infrastructure Costs $57,500.00 Trail Work Quantity Unit Unit Cost Subtotal Railroad Trail Erosion Control 750 LF $75.00 $56,250.00 Repair Wetland Viewdeck 100 sf $75.00 $7,500.00 Dune Overlook View Deck 50 Ea $150.00 $7,500.00 Step and rail on Wonowk Trail 100 LF $50.00 $5,000.00 Boardwalk on Wonokw Trail 30 LF $150.00 $4,500.00 Cable Steps to Dune Overlook 100 LF $50.00 $5,000.00 Cable Steps at Forest Egress/Hudt 50 LF $75.00 $3,750.00 Trailhead Step and Rail on Hop’o’yTrail 125 LF $50.00 $6,250.00 ADA Access Trail Improvments 15000 sf $8.00 $120,000.00 Total Phase 2 Trail Work Costs $215,750.00

Signage and Publications

Quantity Unit Unit Cost Subtotal Humboldt Bay Beach and Dunes Map 80 Hours $50.00 $4,000.00 Update Print Map Update 5000 Ea $1.00 $5,000.00 Ma-le’l Dunes CMA Trails Brochure 80 Hours $50.00 $4,000.00 Print Trails Brocure 5000 Ea $1.00 $5,000.00 Ma-le’l South Interpretive Signage 3 Ea $2,500.00 $7,500.00 Ma-le’l North Interpretive Signage 5 Ea $2,500.00 $12,500.00 Total Phase 2 Signage Costs $38,000.00 Exhibit 2: Access Management Plan

PHASE TWO SUBTOTAL $311,250.00 Permitting (12%) Project Management (20%) TOTAL $311,250.00 Contingency (10%) $31,125.00 TOTAL PHASE 2 COSTS $342,375.00 GRAND TOTAL PHASE 1 & 2 $473,495.00 Exhibit 3: CEQA Documentation

Ma-le'l Dunes Access Plan Project Humboldt County, California

Revised Initial Study / Environmental Assessment with Proposed Mitigated Negative Declaration and Finding of No Significant Impact

Prepared for: State Coastal Conservancy 1330 Broadway, 11th Floor Oakland, Ca 94612

Prepared by: HWR Engineering & Science P.O. Box 165 Arcata, Ca 95521

Prepared in Consultation with: U.S. Fish & Wildlife Service Humboldt Bay National Wildlife Refuge 6800 Lanphere Road Arcata, CA 95521

Bureau of Land Management 1695 Heindon Road Arcata, CA 95521

Comments on this document must be submitted by April 19, 2008 Contact the State Coastal Conservancy at (510) 286-6767, BLM at (707) 825- 2300, or USFWS at (707) 822-6378 for further information Exhibit 3: CEQA Documentation

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Exhibit 3: CEQA Documentation

General Information About This Document

What’s in this document: The State Coastal Conservancy (SCC), Bureau of Land Management (BLM), and U. S. Fish and Wildlife Service (USFWS) have prepared this Preliminary Initial Study (IS)/Environmental Assessment (EA), which examines the potential environmental impacts of the alternatives being considered for access improvements at the Ma-le’l Dunes Cooperative Management Area, located on the north spit of Humboldt Bay. The improvements are proposed in the Ma-le’l Dunes Public Access Plan (the Plan). The IS/EA, prepared, respectively, under the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”), describes the Plan purpose, the need for the Plan, and alternatives, the existing environment that could be affected by the Plan, the potential impacts from each of the alternatives, and the proposed avoidance, or mitigation measures. For the purposes of CEQA review and project approval by the Coastal Conservancy, the project area includes those contiguous tracts of land on the north spit of Humboldt Bay comprising the Ma-le’l Dunes Cooperative Management Area owned by BLM and USFWS, and does not include the islands that are under USFWS ownership situated within the Mad River Slough. On February 2, 2007, the documents were circulated for public comment. On February 8, 2007, a public meeting was held at the Manila Community Center to present the proposed plan for the CMA, to receive comments, and to outline the process and timeline for the public to provide formal comments to be considered in revising the plan. The initial public comment period was scheduled to end March 4, 2007. However, due to community requests for additional time to comment, the comment period was extended. Several comments have been from the public; this revised document reflects the agencies’ responses to substantive comments. What you can do:  Read this Revised Initial Study/Environmental Assessment. Digital copies of this document and attachments are available for review at the following websites: U.S. Fish and Wildlife Services www.fws.gov/humboldtbay; Bureau of Land Management www.blm.gov/ca/arcata; Friends of the Dunes www.friendsofthedunes.org; and the State Coastal Conservancy www.coastalconservancy.ca.gov. Hard Copies and CD copies will be available for review at the U.S. Fish and Wildlife Services ((707) 733-5406) and Bureau of Land Management Arcata offices ((707) 825-2300) and at the Friends of the Dunes offices ((707) 444-1397).  Provide comments. Your comments are welcomed. If you have any comments regarding the proposed Revised IS/EA, please submit them to the State Coastal Conservancy, via any the following methods: o Email submission: Make comments via email submission to the State Coastal Conservancy at [email protected] o Fax submission: Make comments via facsimile to the State Coastal Conservancy, attention Su Corbaley, at 510-286-0470 o US Mail: Mail comments to the State Coastal Conservancy, attention Su Corbaley, at 1330 Broadway, 13th Floor, Oakland, CA 94618 COMMENTS WILL BE RECEIVED UNTIL APRIL 19, 2008 WHICH IS 30 CALENDAR DAYS FOLLOWING RELEASE OF THIS DOCUMENT FOR PUBLIC COMMENT.

Ma-le’l Dunes CMA i Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

What happens next: Comments on the Revised IS/EA may be submitted as described above. Following close of the 30-day public recirculation comment period all substantive comments received before April 19, 2008 will be considered and the IS/EA will be revised, if necessary. After such revisions, the State Coastal Conservancy, the BLM and the USFWS will make the final determination of the plan’s effect on the environment. In accordance with CEQA, if no substantive comments are received during the comment period or if substantive comments are received and no unmitigatable significant adverse impacts are identified, SCC will adopt a Mitigated Negative Declaration. Similarly, if BLM and USFWS determine the action does not significantly impact the environment, each federal agency will issue a Finding of No Significant Impact (FONSI) and Decision Record based on public input in accordance with NEPA.

Ma-le’l Dunes CMA ii Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

Revised Initial Study with Proposed Mitigated Negative Declaration/ Environmental Assessment

Submitted Pursuant to: (State) Division 13, California Public Resources Code (Federal) 42 USC 4332(2)(C)

The State of California State Coastal Conservancy

United States Fish and Wildlife Service Humboldt Bay National Wildlife Refuge

United States Bureau of Land Management Arcata Field Office

Ma-le’l Dunes CMA iii Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

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Ma-le’l Dunes CMA iv Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

Table of Contents

1.0 PURPOSE AND NEED FOR ACTION...... 1 1.1 Introduction...... 1 1.2 Background and Agency Involvement...... 4 1.3 Scope and Purpose for the Proposed Action...... 6

2.0 ALTERNATIVES INCLUDING PROPOSED ACTION...... 8 2.1 Description of Plan Alternatives...... 8 2.2 Comparison of Alternatives...... 15 2.3 Permits and Approvals Needed ...... 21

3.0 AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES ...... 22 3.1 Aesthetics...... 22 3.2 Agricultural Resources...... 24 3.3 Air Quality...... 25 3.4 Biological Resources...... 27 3.5 Cultural Resources...... 99 3.6 Geology and Soils...... 103 3.7 Hazards and Hazardous Materials ...... 107 3.8 Hydrology & Water Quality ...... 113 3.9 Land Use and Planning ...... 120 3.10 Mineral Resources...... 122 3.11 Noise ...... 122 3.12 Population and Housing...... 125 3.13 Public Services...... 126 3.14 Access and Recreation...... 127 3.15 Transportation/Traffic...... 133 3.16 Utilities and Service Systems...... 137

4.0 CUMULATIVE IMPACTS...... 141

5.0 COMMENTS AND COORDINATION ...... 143

6.0 MITIGATED NEGATIVE DECLARATION ...... 145

7.0 FINDING OF NO SIGNIFICANT IMPACT...... 148

8.0 REFERENCES ...... 149

9.0 APPENDICES ...... 155

Ma-le’l Dunes CMA v Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

List of Figures

Figure 1. Location Map...... 3 Figure 2. Ma-le’l Dunes Cooperative Management Area (CMA) and Properties...... 5 Figure 3. Existing Features of the Ma-le’l Dunes CMA...... 7 Figure 4. Alternative A: The Proposed Plan...... 14 Figure 5. Vegetation Types at the Ma-le’l Dunes CMA...... 30 Figure 6. Special Status Species at the Ma-le’l Dunes CMA ...... 45 Figure 7. Federally Listed Plant Species of the Ma-le’l Dunes CMA...... 66 Figure 8. Topographic Map of the Ma-le’l Dunes CMA...... 105

List of Tables

Table 1. Comparison of Alternatives...... 19 Table 2. Permits and Approvals Needed for Proposed Project...... 21 Table 3. Summary of Vegetation and Habitat Types and Representative Acreage for Ma-le’l Dunes CMA...... 31 Table 4. Special Status Species Addressed for the Ma-le’l Dunes Cooperative Management Area Public Access Plan...... 46 Table 5. Summary of Wetland Areas at Ma-le’l Dunes CMA ...... 116 Table 6. Approximate Length of Trails at the Ma-le’l Dunes CMA ...... 132

Ma-le’l Dunes CMA vi Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

1.0 PURPOSE AND NEED FOR ACTION

1.1 Introduction The State Coastal Conservancy (SCC), together with the U.S. Fish and Wildlife Service (USFWS) and the U.S. Department of Interior- Bureau of Land Management (BLM), proposes to implement public access improvements called for in the Ma-le'l Dunes Cooperative Management Area (“CMA”) Public Access Plan (the Plan). The Access Plan proposes actions to accommodate appropriate and orderly public access and a range of recreational opportunities designed to minimize to the extent practical any adverse impact to the natural and cultural resources of the area. On February 2, 2007, the California State Coastal Conservancy, Lead State Agency for this project under the California Environmental Quality Act (“CEQA”), circulated for a 30-day public review and comment period the Draft Access Plan for the Ma-le’l Dunes Cooperative Management Area, and the Initial Study/Environmental Assessment (“IS/EA”), prepared as a joint State and Federal environmental impact review document under CEQA and the National Environmental Policy Act (NEPA). As a result of public comments received some changes have been made to the Draft Access Plan and accordingly to Alternative A, The Proposed Plan in the Draft IS/EA. As a result, the Access Plan and IS/EA are being re-circulated for public comment. A summary of the responses to public comments received during the first comment period are included in the revised IS/EA as an addendum. The most significant change to the plan consists of allowing vehicular access to the Ma-le’l North parking area only from Friday through Monday of every week. From Tuesday through Thursday, pedestrian access will continue to be allowed, however visitors will need to park at the Ma-le’l South Parking area (or ride a bicycle to the Ma- le’l North parking area). This change was incorporated in response to public comments requesting a more solitary experience during some parts of the week. It is expected that this change will result in decreased use of the Ma-le’l North area compared with the original proposed alternative. Other comments pertinent to environmental effects included traditional gathering by tribal members and vegetation gathering by the public. The Access Plan, for which this document address environmental effects, was revised to allow traditional gathering by tribal members under agreement with the owner/operator agencies; vegetation gathering by the public will be allowed at certain times in specified locations under permit with BLM on BLM owned and managed property, only. Many individuals and user groups responded to the draft plan and IS/EA, representing a continuum of interests including pedestrian use, dog access, equestrian use, hunting access and boating access. The agencies made these changes to strike a balance between the many desired uses of the site. In response to comments received by over-water hunters, it was apparent that this use, which occurs on the saltmarsh islands located in the navigable waters of the Mad River Slough and owned by the USFWS, had not been adequately addressed. To properly

Ma-le’l Dunes CMA 1 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

evaluate hunters’ concerns and input regarding these areas, USFWS must evaluate the current uses for the islands through its Comprehensive Conservation Plan (CCP) process. USFWS is currently preparing its CCP for the Humboldt Bay National Wildlife Refuge, which includes the Ma-le’l Dunes CMA Unit. That process, which is evaluating hunting on these saltmarsh islands, is not expected to be completed until early 2009. Therefore, and because there are not projects proposed for the saltmarsh islands in this project, they have been removed from the planning area considered by this IS/EA and the Ma-le’l Dunes CMA Access Plan. The remainder of the project area under review for compliance with NEPA and CEQA includes the mainland properties of the CMA owned and managed by BLM and USFWS. The Ma-le'l Dunes Cooperative Management Area (Ma-le'l Dunes CMA) consists of approximately 444 acres of public land owned by the BLM and USFWS. It is located approximately one mile north of the unincorporated town of Manila and 3.5 miles west of the City of Arcata, in Humboldt County, California. The area is geographically situated on the North Spit of the Humboldt Bay (also known as the Samoa Peninsula) within the Humboldt Bay dune system. Additionally, the Ma-le'l Dunes CMA stretches along 1.5 miles of the Pacific coastline. (Figure 1). The Ma-le'l Dunes CMA contains significant cultural resources and a unique association of coastal dune, forest, wetland, and estuarine ecosystems that are bordered by a number of different land uses including a public shooting range and an active lumber mill. The Ma-le’l CMA consists of the Ma-le’l South and Ma-le’l North areas. Ma-le’l South is owned and managed by the BLM and Ma-le’l North is owned and managed by the USFWS. These two areas consist of four properties known as the Manila Dunes Area of Critical Concern and the Khoaghali Parcel (Ma-le’l South) and the Fernstrom-Root Parcel and the former Buggy Club Parcel (Ma-le’l North). Ma-le’l South is currently open for public access and presently accommodates equestrian use on a designated trail and the waveslope, pedestrian use on open sandy areas and the waveslopes, unleashed dog walking in designated areas, ocean fishing, and limited vegetative gathering from March to November. The access infrastructure in Ma-l’el South consists of various signage, a gravel access road and parking area, a vault toilet, fencing delineating property lines, access gates, an unoccupied trailer pad with power and water connections and marked trails. Ma-le’l North is not yet open for public access; however, guided tours and restoration workdays have occurred monthly since fall 2005. The access infrastructure in Ma-le’l North currently consists of a gravel access road and parking area, boundary signs, limited signage and fencing, a dilapidated viewing deck, and several unmarked trails consisting of the railroad berm trail, dune overlook trail, two forest loop trails, and dune trail to the beach. There are no utilities currently working in Ma-le’l North.

Ma-le’l Dunes CMA 2 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

CMA boundary lines represent lands owned by BLM and USFWS. The project area under review for the purposes of compliance with CEQA and NEPA includes the mainland properties only, and does not include the salt marsh islands owned by USFWS. The future uses of the salt marsh islands will be evaluated through the separate Federal CCP process underway by USFWS.

Figure 1. Location Map

Ma-le’l Dunes CMA 3 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

1.2 Background and Agency Involvement From 1992 to 1994, much of what is now known as the Ma-le'l Dunes CMA was managed for public use. This area occupied 385 acres and was known as the Mad River Slough and Dunes Cooperative Management Area. It was managed cooperatively among the landowners at the time: BLM, The Nature Conservancy, and Louisiana Pacific (LP). The area consisted of three properties, which were known as the 130-acre Fernstrom- Root parcel of the Lanphere-Christensen Dunes Preserve, portions of the 160-acre LP parcel, and the 112-acre Manila Dunes Area of Critical Concern. The area had been open to walk-on use 4 days per week, but was closed to public use in 1994 when the Humboldt Buggy and ATV Association (a.k.a Buggy Club) purchased from LP the 42-acre Khoaghali parcel and the 160-acre LP parcels (later known as the Buggy Club parcels), thereby terminating the Cooperative Management Agreement (Figure 2- Ma-le’l Dunes CMA map). In 2003, the SCC and the USFWS funded the acquisition by the Center for Natural Lands Management (CNLM) of the two Buggy Club parcels for public access, restoration and open space protection. In July of 2004, the CNLM transferred the 42-acre Khoaghali parcel to the BLM, which began managing the property in conjunction with the adjacent 112-acre Manila Dunes Area of Critical Concern and consistent with the Arcata Resource Management Plan. These two properties combined to form the 154 acres area known as Ma-le’l South. Collectively, the 154 acres managed by BLM are known throughout the Plan as Ma-le’l South. Following the completion of an Environmental Assessment for Ma-le’l South in July 2005, BLM installed public access improvements at Ma-le'l South during the winter and spring 2005, and the area was opened for public access in July 2005.

In August 2005, CNLM transferred title to the 160-acre former Buggy Club parcel, including a 1-mile length of access roadway, to the USFWS, which began managing the properties in conjunction with the adjacent 130-acre Fernstrom-Root property (formerly part of the Lanphere Dunes Unit of the Humboldt Bay National Wildlife Refuge Complex). Collectively, the two USFWS properties comprise 290 acres and are managed as the Ma-le'l Dunes Unit of the USFWS Humboldt Bay National Wildlife Refuge Complex. The properties managed by the USFWS are known as Ma-le’l North.

Ma-le’l Dunes CMA 4 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

CMA boundary lines represent lands owned by BLM and USFWS. The project area under review for the purposes of compliance with CEQA and NEPA includes the mainland properties only, and does not include the salt marsh islands owned by USFWS. The future uses of the salt marsh islands will be evaluated through the separate Federal CCP process underway by USFWS.

Figure 2. Ma-le’l Dunes Cooperative Management Area (CMA) and Properties

Ma-le’l Dunes CMA 5 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

1.3 Scope and Purpose for the Proposed Action The BLM and USFWS have similar goals for the properties located within the Ma-le’l Dunes CMA. These goals are to protect the natural and cultural resources of the subject area and provide public access for recreation, education, and research activities. These goals are consistent with the goals of the SCC, which are to “protect, restore and enhance coastal resources and to provide access to the shore”. The purpose of the Ma-le’l Dunes CMA Public Access Plan is to propose actions that will accommodate appropriate, orderly, and open public access throughout the 444-acre Ma-le’l Dunes CMA for a range of recreational uses. The CMA will be managed to provide a continuum of public uses consistent with the managing agencies’ missions. Ma-le’l South is currently open for public access and recreational uses. However, public access improvements were approved only on an interim basis (BLM, 2004a, BLM 2004b). Access to Ma-le’l South is currently limited due to the lack of trails, water for equestrian use, and bicycle racks. Additionally, pedestrian access from the Ma-le’l South Parking area to the existing forest loop poses potential pedestrian-vehicular conflict because it directs the public along the access road in a way that encourages people to park along the access road or at the Pacific, Gas, and Electric power/tower trail head, which is inadequate in size. At caretaker trailer pad along the access road has power, telephone, and water connections, but it is overgrown and unoccupied. Ma-le’l North currently lacks amenities to support appropriate public access. Specifically, the current design and structure of vehicular access road will not accommodate an increase in traffic, pedestrian-vehicle conflicts exist along the access road, vehicular circulation routes are undefined, parking areas are inadequate, ADA access is non- existent, and signing is completely lacking. Furthermore, beach access and forest trials are poorly defined, unmarked, eroding, or in disrepair, which encourages off trail use and the proliferation of casual trails. Designated sites for canoe and kayak landing along the slough are lacking, which encourages informal landing and trampling of salt marsh vegetation at several locations. Formal venues for trailside interpretation, scenic viewing, and resting are either potentially unsafe or completely lacking. On both Ma-le’l South and Ma-le’l North dilapidated structures, remnant fence posts, and wiring obscure the coastal landscape and in some cases may pose a public hazard (Figure 3- Existing Features).

Ma-le’l Dunes CMA 6 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

CMA boundary lines represent lands owned by BLM and USFWS. The project area under review for the purposes of compliance with CEQA and NEPA includes the mainland properties only, and does not include the salt marsh islands owned by USFWS. The future uses of the salt marsh islands will be evaluated through the separate Federal CCP process underway by USFWS.

Figure 3. Existing Features of the Ma-le’l Dunes CMA

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2.0 ALTERNATIVES INCLUDING PROPOSED ACTION

The Ma-le’l CMA area is located approximately one mile north of the unincorporated town of Manila and 3.5 miles west of the City of Arcata, in Humboldt County, California. It encompasses 444 acres of coastal dunes, forest, wetland, and estuarine ecosystems. The area currently has limited infrastructure including vault toilets, various signage and fencing, a gravel access road and parking areas, and various marked and unmarked trails. The Ma-le’l CMA Plan team worked to develop alternatives that could achieve the Plan purpose and address the need while avoiding or minimizing environmental impacts. In addition, public comments from a public meeting which took place on August 4, 2004 regarding BLM’s Ma-le’l Dunes Access Improvements Environmental Assessment process (BLM, 2004a), the USFWS Compatibility Determination and Pre-Acquisition Compatibility Determinations for the Proposed Ma-le’l Dunes Addition to the Humboldt Bay National Wildlife Refuge process (USFWS, 2004), and subsequent public comments were used to develop the following alternatives, which are described and considered throughout this document:  Alternative A: The Proposed Plan—Range of Use and Minimum Improvements  Alternative B: Multi-Use and Additional Improvements  Alternative C: Protection and Restoration  Alternative D: No-Action This chapter describes the Plan alternatives and provides a summary comparison of each alternative. Criteria used to evaluate alternatives include biological resource impact, cultural resource impact, regulatory considerations, public accessibility, and cost. 2.1 Description of Plan Alternatives

2.1.1 Common Features of the Plan Alternatives All of the Plan alternatives (except the No Action) have the following design features in common, which are presented in the categories of public use, access and circulation, access infrastructure, and access management:

Public Use  Overnight camping would be prohibited, except as allowed at Ma-le’l South for special events, on a case-by-case basis that meet specific criteria.  Fire would be allowed only in designated sites at Ma-le’l South.

Ma-le’l Dunes CMA 8 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

 Motorized vehicle use outside of roadways and parking areas would not be allowed except in an emergency or for authorized maintenance, construction, restoration, or research purposes.  Environmental restoration activities would continue.  Educational field trip access would continue and increase.  Firearms use, except for legal waterfowl hunting, crossbow/bow shooting, mineral sales, and livestock permits and leases would continue to be prohibited. There may be an opportunity in the future to connect the Ma-le'l Dunes trail system to additional public use areas to the south. Separate environmental analyses will be conducted if this opportunity arises.

Access Infrastructure  Dilapidated structures, remnant posts, and wire fencing would be removed.  The boundary fence along the shared BLM/Ma-le’l South and USFWS/Ma- le’l North property line would be removed.  The casual parking area adjacent to the Pacific, Gas, and Electric high voltage transmission line/tower would be closed.  The gate located near the high voltage tower would be moved approximately 80 feet south, closer to the Young Lane-access road intersection.  The existing wetland view deck would be re-constructed.

Access Management The following cooperative agreements would be established:  Agreement between BLM and USFWS for the management of the Ma-le’l Dunes CMA;  Agreement between BLM, USFWS, and the Redwood Gun Club;  Agreement between BLM, USFWS, and the Wiyot Tribal Governments;  Agreement between USFWS and Sierra Pacific; and  Agreement between BLM, USFWS, and Friends of the Dunes.

2.1.2 Alternative A: The Proposed Plan - A Range of Public Use and Minimum Improvements Alternative A is depicted in Figure 4, and in addition to the common features of the Plan alternatives would also include the following features:

Ma-le’l Dunes CMA 9 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

Public Use  Continued and increased opportunities for pedestrian use and associated activities would be allowed on 5,250 feet (1 mile) of designated trails, open sandy areas, and on the wave slope.  Continued and increased opportunities for equestrian use would be allowed on 4,200 feet (0.8 miles) of designated trails and the wave slope on Ma-le’l South. Horses will not be allowed on Ma-le’l North.  New pedestrian use would be allowed on 18,300 feet (3.5 miles) of newly designated and/or improved existing casual trails in the nearshore dunes and forest.  Continued and increased opportunities for off-leash dog walking would be allowed on designated trails and open sands throughout Ma-le’l South and along the wave slope. Dogs would continue to be required to be leashed in the Ma-le’l South parking/picnic area. Dogs would not be allowed on Ma- le’l North.  Group camping would be allowed on a case-by-case basis at the Ma-le’l South Special Event Area with a special recreation permit from BLM.  Continued new and increased vegetation gathering for personal use from designated forest trails would be allowed by the general public from May to November in Ma-le’l South only, and otherwise by special permit on a case-by-case basis.  Continued, new, and increased vegetative gathering for personal use by tribal members would be allowed in accordance with a memorandum of agreement with the Wiyot Tribe.  Canoe and kayak launching and landing would be allowed in designated locations only.  Access for people with disabilities would be provided at the Ma-le'l North and South parking and picnic areas and restrooms, and along approximately 2,800 feet (0.5 miles) of trail on Ma-le’l North. Seasonal closure of a portion of this ADA trail is anticipated to accommodate nesting raptors.

Access and Circulation  Continued use of the improved Ma-le’l South day use/picnic area would be allowed.  Vehicle access to the Ma-le’l North parking area would be allowed from Friday through Monday only. Bicycle and pedestrian access would be allowed seven days a week.  The existing gravel access road leading to the designated parking areas in both Ma-le'l North and Ma-le'l South would be improved and resurfaced with

Ma-le’l Dunes CMA 10 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

gravel. The road would remain "one lane" at 16 - 20 feet in width. Measures to improve road safety, drainage and durability would include: construction of "pull outs" in areas where no fill in wetlands or bank cuts are required, a turning radius at the Young Lane-access road intersection to accommodate vehicle turn-around, and gutter sections along roadway where needed.  Pedestrians, bicyclists, and motorists would be notified, through signing, to be aware of each other and to use caution along the road.

Access Infrastructure  New improvements to the Ma-le'l South day use picnic area would include the installation of a potable water source, a water spigot for equestrian use, a bicycle rack, and reconfiguring the parking area to accommodate five additional vehicles at any one time.  A 1,000-foot pedestrian safety corridor along the access road would be installed.  The existing caretaker trailer pad and surrounding area would be improved. This would entail re-grading of the pad area, placement of base gravel, and vegetation clearing.  The Ma-le'l North parking/day use picnic area would be enlarged and re- configured to accommodate increased use, and would be re-surfaced with crushed gravel. It would also be upgraded to include: Ten motorized vehicle spaces and bus parking with one ADA vehicle space.  A kayak and canoe ramp measuring approximately 8 feet wide and 35 feet long would be installed at the Ma-le’l North parking/day use picnic area.  A bicycle rack, information kiosk, picnic tables, trash and recycling receptacles, and an ADA accessible vault toilet would be installed at the Ma- le’l North parking/day use picnic area.  2,800 ft. (0.5 miles) of ADA compatible surfacing would be installed along the railroad berm trail. Trailhead steps, cable steps, and wooden steps and rail would be installed at various locations along trail ways.  Casual trails though out the project area would be taken out of use and re- vegetated.  7,000 feet (1.3 miles) of new beach access trails and 11,300 feet (2.1 miles) of new forest trail would be delineated and marked with trail markers.  A 15-foot long footbridge would be installed over a seasonal wetland area along a beach access trail.  Eight benches along the railroad berm trail would be installed.  A coordinated signing program would be designed and implemented to include kiosks and the following sign types: entry, information, and safety, boundary, regulatory, trail marker and direction, interpretive, and temporary.

Ma-le’l Dunes CMA 11 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

Access Management A full time onsite caretaker position and protocols regarding vehicle control, law enforcement, and security would be established.

2.1.3 Alternative B: Multi-Use throughout The Plan area and Additional Improvements Alternative B would have the common features of the Plan alternatives and be similar to Alternative A in allowing public use throughout the Ma-le’l Dunes CMA, but would also provide the following:

Public Use  Increased opportunities for off-leash dog walking would be allowed at Ma-le’l North (in addition to Ma-le’l South).  Equestrian use would also be allowed on the northern portion of the proposed Latkak trail.  Bicycling riding would be allowed throughout the Ma-le’l Dunes CMA.  Off-trail pedestrian use would be allowed at Ma-le’l South.  Off-trail vegetative gathering would be allowed at Ma-le’l South

Access and Circulation  Vehicle, pedestrian and bicycle access to the Ma-le’l North parking would be allowed seven days per week.

Access Infrastructure  A pedestrian trail connecting the Ma-le’l South and Ma-le’l North properties through the nearshore dunes would be delineated and marked.  The access road and parking areas (Ma-le’l South and Ma-le’l North) would be paved with asphalt.

2.1.4 Alternative C: Protection and Restoration Alternative C would have the common features of the Plan Alternatives but would limit public use throughout the entire Ma-le’l Dunes CMA to pedestrian use only with permit and via docent-led tours and restoration workdays. Specifically, the proposed actions of Alternative C would include the following:

Ma-le’l Dunes CMA 12 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

Public Use  The day use/picnic area located at Ma-le’l South and trails currently designated as beach hiking trails at Ma-le’l South would continue to be open to the public for pedestrian use. Forest hiking trails and beach trails currently used for equestrians and dog walking at Ma-le’l South would be closed for these uses and would be only available for pedestrian use by permit and via docent-led tours and field trips. Ma-le’l North would only be open for docent- led pedestrian use, tours, and field trips.  The gates to Ma-le’l North would be locked at all times, and accessible only by key for authorized activities (e.g., guided walks, restoration activities, and gathering by the Wiyot).

Access Infrastructure  A maintenance plan for the access road would be prepared and implemented but the road would not be improved. A coordinated signing program limited to the provision of an entry, boundary/no trespassing, and regulatory signage would be designed and implemented.

2.1.5 Alternative D: No Action In the No Action Alternative the current situation as described in Section 1.3 Scope and Purpose for the Proposed Action would continue. Specifically, improvements and management at Ma-le’l South would continue and pedestrian trails and beach access through the nearshore dunes would not be extended. Access to Ma-le’l North would continue to be limited to monthly walks by special permit, docent-led tours, and restoration workdays. In addition, pedestrian trails and beach access throughout the nearshore dunes of Ma-le’l North (where biological species of concern and cultural resources are present) would not be delineated or marked. Parking at the Pacific, Gas, & Electric power tower trail would continue. The access road to Ma-le’l North and associated parking lot would not be improved and signage would not be installed. Trails throughout the forest and to beach access points would remain unmarked and unsigned.

2.1.6 Alternative Management Actions Considered but Dropped from Further Analysis Off- trail pedestrian use at Ma-le’l South, on-leash dog walking at Ma-le-‘l North, biking on the Ma-le’l North railroad berm trail, forest trails and the overnight camping at the Ma-le’l South and Ma-le’l North parking area are considered as part of the development of alternatives. However, these management actions and/or infrastructure to support them were considered infeasible because the anticipated adverse impacts could not be mitigated adequately. Also, they did not meet the goals of the Access Plan to provide public access with minimal impact.

Ma-le’l Dunes CMA 13 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

CMA boundary lines represent lands owned by BLM and USFWS. The project area under review for the purposes of compliance with CEQA and NEPA includes the mainland properties only, and does not include the salt marsh islands owned by USFWS. The future uses of the salt marsh islands will be evaluated through the separate Federal CCP process underway by USFWS. Figure 4. Alternative A: The Proposed Plan

Ma-le’l Dunes CMA 14 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

2.2 Comparison of Alternatives

The main differences between the Plan alternatives are summarized in Table 2.1. Development of the Proposed Plan (Alternative A) was done through a review process and by working with the SCC, BLM and USFWS. Early in the process, these agencies determined that the goals of the CMA should be to provide open public access (including practicable Americans with Disability Act accessibility) for recreational, education and research activities while protecting the natural and cultural resources of the area. The challenge was to develop a plan that would accommodate a range of recreational opportunities with the minimal facility improvements to minimize, to the practicable extent, any adverse impacts to the natural and cultural resources of the area and to manage costs. This had to be done in the context of meeting the varied policies of the participating agencies. In addition, funds for implementation of the Plan were known to be limited and so the cost of infrastructure was considered. Alternative A: Proposed Plan The Proposed Plan (Alternative A) describes new and continued operation of recreational land use allocations within the Ma-le’l Dunes CMA. It also proposes the new installation, upgrade, and/or continued operation of roads, day use areas, including parking areas and public restrooms, and designated coastal access trails and trail amenities, including informational and interpretive signing, a view deck, a footbridge, and a canoe and kayak landing and launching ramp. In Alternative A the existing gravel access road leading to the designated parking areas in both Ma-le'l North and Ma-le'l South would be resurfaced. Continued and increased pedestrian use and associated activities new beach access trails and forest trail would be delineated. Casual trails though out the project area would be taken out of use and re- vegetated. A coordinated signing program would be implemented. Seasonal, personal vegetative gathering from designated forest trails and Tribal vegetative gathering would be allowed in Ma-le’l South; only Tribal gathering would be allowed in Ma-le’l North. A full time onsite caretaker position for security would be established. In Ma-le’l South the day use/picnic area would be upgraded for access for people with disabilities. A potable water spigot and a bicycle rack would be installed. There would be increased opportunities for equestrian and off-leash dog walking on designated trails and open sands. In Ma-le’l North, new pedestrian use would be allowed on 3.5 miles of newly designated and/or improved existing trails. Trailhead steps, cable steps, and wooden steps and rail would be installed at various locations along trail ways. Eight benches would be installed along the railroad berm trail. The Ma-le'l North parking/day use picnic area would be open to vehicle use four days per week (Friday through Monday). It would be enlarged and reconfigured to accommodate increased use, and would be re-surfaced with crushed gravel. It would also be upgraded to include: Ten motorized vehicle spaces and bus parking. A bicycle rack, information kiosk, picnic tables, trash and recycling receptacles, vault toilet and kayak and canoe ramp would be installed at the Ma-le’l North parking/day use picnic area. Access for people with disabilities would be provided for in the day use/picnic area restroom, and along approximately 0.5 miles of ADA compatible

Ma-le’l Dunes CMA 15 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

surfaced trail along the old railroad berm. Dogs would not be allowed on Ma-le’l North. The potential impacts and mitigations of the proposed Plan are discussed further in Section 3 of this report. Alternative B: Multi-Use throughout The Plan area and Additional Improvements The Multi-Use and Additional Improvements Alternative (Alternative B) was developed as a plan that would provide for more public access and broader range of uses over the entire plan area. This alternative includes all of the infrastructure and uses proposed in Alternative A. However, it would have more infrastructure and allow for a more and varied use of the area. This would include the paving of the access road and parking areas and the installation of additional trails to facilitate expanded use. Uses such as off-leash dog walking, horseback riding, and bicycling riding would also be expanded and allowed throughout the Ma-le’l Dunes CMA. Off-trail pedestrian use and off trail vegetative gathering would be allowed at Ma-le’l South. Compared to the Proposed Plan, Alternative B is more “developed,” and preliminary analysis determined that some physical impacts such as aesthetics, noise, air quality, hazards, cultural and land use would not be significantly different. However, some impacts to resources such as to biological, traffic and water quality could be significantly greater than in the Proposed Plan. Potential significant impacts that would increase under Alternative B include the disturbance of wildlife and sensitive habitat areas from expanded foot traffic, equestrian use and off-leash dog walking. There could also be a significant increase in impervious areas by the paving of the access road and parking lots. This could increase runoff into ditches, vegetated areas, adjacent wetlands increasing the potential impacts from hydrocarbons and metals and other stormwater related pollutants that would drain directly into these areas that are now sequestered in the gravel surfacing. In addition, there could be an increased danger to pedestrians and bicyclists by paving the access road from the likely increase of speed of vehicles. Addressing this issue could lead to the need for significantly widening the road prism and possibly filling adjacent wetland areas. While it is possible that while most of these impacts could be mitigated to a less than significant level when considered in aggregate the impacts are considerably more than what would be expected from implementation of the proposed Plan. Alternative C: Protection and Restoration The Protection and Restoration Alternative (Alternative C) would limit public use at Ma- le’l South to pedestrian use of beach trails only and, on Ma-le’l North, to docent-led hiking and/or restoration workdays, and for approved Tribal gathering throughout the entire Ma-le’l Dunes CMA. This limited public access would ensure that visitors to the CMA would avoid endangered and threatened species populations and sensitive habitat areas. In addition, there would be continued management of the CMA and habitat restoration. Although the implementation of Alternative C would not generate any significant change in most of the physical characteristics of the site or the management of surrounding areas, Alternative C would benefit sensitive populations endangered, threatened, and sensitive species and habitats more than Alternatives A, B and D. However, unlike Alternatives A

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and B, this alternative would isolate the cultural properties and likely result in cumulative adverse impacts to cultural resources as looters, vandals, and casual collectors would be able to conduct their nefarious activities in the absence of a watchful public. Alternative D: No Action In the No Action Alternative (Alternative D) the current situation as described in Section 1.3 Scope and Purpose for the Proposed Action would continue. Specifically, interim improvements and management at Ma-le’l South would continue and pedestrian trails and beach access through the nearshore dunes would not be extended. Access to Ma-le’l North would continue to be limited to monthly docent-led walks, special permit and restoration workdays. No ADA access would be provided. Trails throughout the forest and to beach access points would remain unmarked, unsigned. Casual trails throughout the project area would not be removed. The dilapidated condition of trails, steps and rail, the wetland view deck and remnant fences posts and wiring would remain. Unlike Alternatives B and C, Alternative D is discussed throughout in Chapter 3. Environmental Consequences, as it is the existing condition of the Plan area. Under Alternative D the current conditions described above would continue. Although not accessible to visitors, the dilapidated structures, the condition of the stairs and viewing decks, random wire fencing and posts, throughout the area would not be removed or improved and would impact the visual quality of the area and potentially the safety of visitors. Lack of signage near the Redwood Gun Club property would continue to create safety hazards for visitors. Under Alternative D, biological resources located within Ma-le'l North, including threatened, endangered and special status plant species would not be afforded the same protection as Alternative A because the signing program, fencing, decommissioning of casual trails, monitoring of compliance through caretaker presence proposed under Alternative A would not be implemented. However, overall use would be less and the FWS staff would occasionally patrol this area, as well as managing it for biological values. Therefore, while there would likely be a balance of impacts between the greater controlled use of Alternative A and the lesser uncontrolled use of Alternative D. Alternative D would also cause on-going impacts to native vegetation, breeding birds, herons and/or egrets, raptors and land birds due to routine vegetation clearing required to maintain an open corridor for open public access in Ma-le'l South, and permit and docent lead entry in to Ma-le'l North. The areas of erosion identified along the railroad berm would not be addressed and could have the potential to impact water quality through sedimentation and could lead to loss of this trail over time. Causal trails could also have the potential to create new areas of erosion due to improper drainage. Symbolic rope fencing would continue to be used to discourage boat landing. The effectiveness of symbolic fencing to protect areas that have been trampled by boat landing is unknown. However, it is expected that such fencing would require regular maintenance and/or replacement. Due to the restriction of access to the Ma-le’l North area Alternative D would have less impact to biological resources than Alternatives A and B. However, continued deterioration of existing infrastructure could cause substantial hazard and erosion

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impacts. These issues would be addressed by the implementation of Alternative A, B, and C. The SCC, BLM, and USFWS also determined that some reasonable ADA access be provided as part of a public access plan at the Ma-le’l Dunes CMA. Through the planning process it was determined this could only reasonably be achieved in the Ma-le’l North along the old railroad berm. This would require vehicle access to the Ma-le’l North parking area. Like Alternative C, Alternative D does not provide for adequate ADA access.

Ma-le’l Dunes CMA 18 Revised IS/EA March 2008 Table 1. Comparison of Alternatives Alternative A: The Proposed Plan Alternative B: Multi-Use Alternative C: Protection Alternative D: Throughout and Restoration No Action

 Common Features of the Plan Alternatives for  Common Features of the Plan  Common Features of the Plan  Preexisting uses at Ma-le’l Public Use1. Alternatives for Public Use1. Alternatives for Public Use1. South would continue. No Public Use  Continued and increased pedestrian use of 1  Pedestrian trails would consist of  The day use/picnic area located new uses at Ma-le’l North mile of trail and new pedestrian use of 3.5 3.8 miles of new trails, 1 mile of at Ma-le’l South and trails would take place miles of trail. preexisting trails, and off-trail use in currently designated as beach  Continued and increased equestrian use on Ma-le’l South. hiking trails at Ma-le’l South 0.8 miles of trail and the waveslope.  Off leash dog walking in Ma-le’l would continue to be open to  Continued and increased off leash dog walking North the public for pedestrian use. in Ma-le’l South on designated trails and the  Equestrian use on portions of the  Ma-le’l North would only be waveslope nearshore dunes/coastal (Latkak) open for docent-led pedestrian  Canoe and kayak accessibility via launching at trail use, tours and field trips. Exhibit 3: CEQADocumentation one designated location.  Bicycle riding throughout the Ma-le’l  There would be no equestrian  ADA on 0.5 miles of trail and in the Ma-le’l Dunes CMA use, bicycle riding, or dog South and Ma-le’l North parking areas.  Canoe and kayak accessibility via walking throughout the CMA.  Bicycle riding along the access road. launching in designated locations.  Continued and increased use of the Ma-le’l  Increased use of the Ma-le’l South South day use/picnic area. day use/picnic area.  Continued new and increased vegetative  Off-trail vegetative gathering would gathering for personal use from designated be allowed at Ma-le’l South. forest trails from May to November in Ma-le’l South only, and otherwise by special permit on a case-by-case basis.

 Improvements to the gravel access road  Increased signage  Improvements to the access  Improvements to the access including “pull outs,” a turning radius at the  Improvements to the access road road would not be made. road would not be made. Access and Young Lane-access road intersection, and and parking areas including paving  Access only by key for  Ma-le’l North would not be Circulation gutter sections along roadway. the areas with asphalt. authorized activities (e.g., open for public access  Signage along the access road that would  Vehicle access to Ma-le'l North guided walks, restoration without permit or docent advise pedestrians, bicyclists, and motorists to allowed 7 days a week. activities, and gathering by the  enforcement, and security use caution along the road. Wiyot Tribes). would be established.  Vehicle access to Ma-le'l North allowed 4 days per week (Friday-Monday).

1 See Section 2.1.1 Common Features of the Plan Alternatives

Ma-le’l Dunes CMA Revised IS/EA March 20 19 Alternative A: The Proposed Plan Alternative B: Multi-Use Alternative C: Protection Alternative D: No Throughout and Restoration Action  Common Features of the Plan Alternatives  Common Features of the Plan  Common Features of the Plan  No additional access for Access Infrastructure. Alternatives for Access Alternatives for Access infrastructure would be Access  Installation of a bicycle rack and a potable Infrastructure. Infrastructure. installed other than the Infrastructure drinking water spigot at the Ma-le’l South  A pedestrian trail connecting Ma-le’l  A management plan for the preexisting amenities. day use area. South and Ma-le’l North along the access road would be prepared  Ma-le'l South parking area reconfigured to nearshore dunes. and implemented. provide 5 additional spaces.  Signage would be installed to  Ma-le’l North parking area would be tell the provisions of entry and improved by re-surfacing with crushed the regulations. gravel and addition of an ADA vehicle spot.  Amenities at the Ma-le’l North would include bicycle rack, information kiosks, Exhibit 3: CEQADocumentation picnic table, waste management receptacles, and vault toilets.  1,000 ft safety corridor along access road.  Trailer pad would be improved  Canoe and kayak ramp at Ma-le’l North parking area  Trail upgrades including trailhead steps, cable steps, and wooden steps.  Revegatation of casual trails  Footbridge over seasonal wetland  Eight benches  Signage for safety, information, and regulatory information Access  A caretaker would live onsite.  A caretaker would live onsite.  No on-site caretaker.  No on-site caretaker. Management  Vehicle control, law enforcement, and  Vehicle control, law enforcement,  Vehicle control, law  Vehicle control, law security would be established. and security would be established. enforcement, and security would enforcement, and security not be established. would be at a lower level.

Ma-le’l Dunes CMA Revised IS/EA March 20 20 Exhibit 3: CEQA Documentation

2.3 Permits and Approvals Needed Table 2 lists the required permits, reviews, and approvals required for the Plan approval and construction. Table 2. Permits and Approvals Anticipated for Proposed Project Agency Permit/Approval United States Fish and Wildlife Section 7 Consultation for Service/ National Marine Fisheries Biological Assessment Service National Marine Fisheries Service Section 305 Consultation concurrent with Section 7 United States Fish and Wildlife Federal Migratory Bird Treaty Act Service consultation United States Army Corps of Nationwide 36 Engineers permit/concurrence (for boat ramps) California Department of Fish and Section 2080 consultation for Game species that are also federally protected California Department of Fish and Fish & Game Code Sections Game 3503 and 3503.5 Bird Nest Protection such as osprey consultation California Department of Fish and Fish & Game Code Sections Game 3511, 4700, 5050 and 5515 fully protected animals consultation Humboldt Bay Harbor, Recreation Encroachment Permit for projects and Conservation District in tidelands below Mean High Water Elevations California Coastal Commission Section 307 permit for projects located within the Coastal Zone North Coast Regional Water Section 401 Water Quality Quality Control Board Certification State Water Resources Board General Construction Water Discharge Requirements for construction activities covering over one acre. State and Tribal Historic Section 106 consultation for Preservation Office record search and field surveys

21 Ma-le’l Dunes CMA Revised IS/EA March 2008

Exhibit 3: CEQA Documentation

3.0 AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES

In this section, the affected (existing) environment is described for each identified relevant topic. Impacts associated with the alternatives are then described, with avoidance, minimization, and/or mitigation measures outlined when feasible. Permits that would potentially be required for actions associated with the proposed alternative impacts follow. 3.1 Aesthetics This section describes the current aesthetics of the Ma-le’l Dunes CMA properties.

Regulatory Setting The National Environmental Policy Act of 1969 as amended (NEPA) establishes that the federal government use all practicable means to ensure all Americans safe, healthy, productive, and aesthetically and culturally pleasing surroundings [452. U.S.C. 4331 (b)(2)]. The California Environmental Quality Act (CEQA) establishes, that it is the policy of the state to take all action necessary to provide the people of the state with… enjoyment of aesthetic, natural, scenic, and historic environmental qualities.” [CA Public Resource Code Section 21001(b)] Likewise, the Humboldt County General Plan and Humboldt County Local Coastal Program, Humboldt Bay Area Plan have adopted California Coastal Act policies to protect visual qualities of the coastal areas as a resource of public importance [Section 30251 of Humboldt County General Plan and Public Resource Code Section 30000 of the CA Coastal Act]. In addition, the 2005 Humboldt Bay Management Plan prepared by the Humboldt Bay Harbor Recreation and Conservation District contains policies protecting aesthetic values of Humboldt Bay. These policies require that the existing views of the Humboldt Bay be protected, and that when feasible enhanced.

Affected Environment The Ma-le'l Dunes CMA is located on the North Spit of Humboldt Bay, (also known as the Samoa Peninsula), in Humboldt County, California. The Ma-le'l Dunes CMA comprises approximately 444 acres with approximately 1.5 miles coastline. The dominant visual characteristics of the Plan Area are natural habit types consisting of a variety of coastal dunes, wetlands, forests, and estuarine ecosystem communities. Additionally, the Plan area is bordered by two bodies of water: the Pacific Ocean and the Mad River Slough (a slough of Humboldt Bay).

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Exhibit 3: CEQA Documentation

The secondary visual characteristics of the Plan area include a variety of recreational amenities, hardscape landscaping, caretaker’s area and access roads. The secondary visual characteristics of the Plan area are discussed below:  3 miles of foot trails traversing the Ma-le'l Dunes CMA  The gravel access road (also referred to as the Ma-le’l Road in the Plan)  2 formal gravel parking areas and one casual gravel parking area that provides access to Ma-le’l South and Ma-le’l North  Hardscape landscaping including picnic benches, signage, information kiosks, trash receptacles, and trail markers  Portable toilets and water spigots  Gates limiting access to certain area of the CMA  Fencing that delineates current and historical property lines and border several residences  Several residences located along the access road

Environmental Consequences

Alternative A: Proposed Plan The proposed Plan would not cause any detrimental affects to the visual characteristics or visual quality of the Plan area. Additionally, the improvements proposed under the Plan would increase the visual quality of the Ma-le'l Dunes CMA by improving the existing infrastructure and creating additional access to Ma-le’l North, installing new trails, and replacing the unsafe viewing deck. Construction activities would cause a temporary adverse affect to visual quality; however, due to the short-term nature of the activities this impact would be less than significant. Adjacent to the Plan area, State Highway 255 is not currently listed as an official state scenic highway; therefore, the Plan would not cause any impacts to scenic resources along a scenic highway. The Plan would not involve installation of any new lighting systems and would not cause any adverse affects associated with new sources of glare or substantial light.

Alternative B: Multi-use Throughout and Additional Improvements

The potential impacts to aesthetics would be similar as described in Alternative A. Alternative B would pave the parking areas to Ma-le’l South and Ma-le’l North. Paving the parking areas would change the visual characteristics of the access and parking areas to Ma-le'l Dunes CMA; however, this change would be less than significant.

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Exhibit 3: CEQA Documentation

Alternative C: Protection and Restoration

Alternative C would have no impacts to the existing visual characteristics or visual quality of the Ma-le’l CMA. Additionally, Alternative C would ensure the protection of the existing visual characteristics of the Ma-le'l Dunes CMA due to the fact that Alternative C would not alter the visual characteristics of the Plan area.

Alternative D: No Action The No Action alternative would not change the visual characteristics of the Plan area and would not cause any detrimental effects the aesthetic quality of the Plan area. The visual characteristics of the Plan area would not be changed because the existing visual features would not be altered in any way. However, the visual quality of the Plan area would not be improved under the No Action alternative because the dilapidated structures would not be removed, would continue to dilapidate, and new amenities and infrastructure would not be installed. 3.2 Agricultural Resources This section describes the current agricultural resources of the Ma-le’l Dunes CMA properties.

Regulatory Setting Agricultural resources are protected by many state, federal, and local laws. These state and federal laws include:  NEPA and the Farmland Protection Policy Act (FPPA, USC 4201-4209, and its regulations, 7 CFR Ch. VI Part 658)  CEQA Section 15206  California Land Conservation Act of 1965 (Govt. Code Section 51200, Title 5, Ch. 7) is California’s principal policy for the preservation of agricultural and open-space land  Humboldt Bay Area Plan, Local Coastal Program (Policies 30241 and 30242)

Affected Environment The Ma-le'l Dunes CMA is designated and zoned Natural Resources (NR) by the County of Humboldt. Additionally, it is zoned Coastal, and is regulated by the California Coastal Act and Humboldt Bay Area Local Coastal Plan. The Ma-l’el CMA does not contain any property zoned Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. There are currently agriculturally zoned properties northeast of the Plan area used for grazing.

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Exhibit 3: CEQA Documentation

Environmental Consequences

Alternative A: Proposed Plan The Ma-le'l Dunes CMA is not zoned agricultural and would not conflict with zoning for agricultural uses or a Williamson Act contract. In addition, the projects contained in the access Plan are not anticipated to result in conversions of adjacent zoned agricultural lands to non-agricultural uses.

Alternative B: Multi-use Throughout and Additional Improvements

The potential impacts to agricultural resources would be the same as described in Alternative A.

Alternative C: Protection and Restoration The potential impacts to agricultural resources would be the same as described as Alternative A.

Alternative D: No Action The potential impacts to agricultural resources would be the same as described as Alternative A. 3.3 Air Quality This section describes the current agricultural resources of the Ma-le’l Dunes CMA properties.

Regulatory Setting The Clean Air Act as amended in 1990 is the federal law that governs air quality. Its counterpart in California is the California Clean Air Act of 1988. The North Coast Unified Air Quality Management District (NCUAQMD) monitors the air quality in Humboldt County. These laws set standards for the quantity of pollutants that can be in the air. At the federal level, these standards are called National Ambient Air Quality Standards (NAAQS). Standards have been established for carbon monoxide(CO), nitrogen dioxide (NO2), ozone (O3), and particulate matter that is 10 microns in diameter or smaller (PM10).

Affected Environment The project area is located within the North Coast Air Basin (Basin), which is contiguous with the counties of Del Norte, Trinity, Humboldt, Mendocino, and northern Sonoma. The maritime climate of coastal Humboldt County is characterized by high relative humidity the entire year, and is maintained throughout the dry season, May through 25 Ma-le’l Dunes CMA Revised IS/EA March 2008

Exhibit 3: CEQA Documentation

September, by fog and clouds. The annual average precipitation from 1971 to 2000 at the Eureka, CA weather station was 38.32 inches. Approximately 90% of annual precipitation falls during the rainy season, which begins in October and continues through April. Temperatures on the coast remain mild and moderate throughout the year. The mean annual temperature for 1971 to 2000 was 52.9 F, with a maximum and minimum annual temperature of 59.3 F and 46.4 F respectively (NOAA, 1995). The Basin air quality standards have been monitored by the NCUAQMD since approximately 1956. The NCUAQMD has developed classifications attainment levels for all criteria air pollutants except for PM10 levels (particulate matter with an aerodynamic diameter of 10 microns or less). However, adjacent rural air quality management districts have developed attainment levels for PM10 emission at a range of 80~130 lbs/day. The Basin air quality meets the National Clean Air Act, California Clean Air Act, and NCQAQMD attainment levels for all criteria air pollutants. However, the North Coast Air Quality Basin has been known to exceed California air quality standards for PM10 during winter months when woodstove emissions add to the always present auto emissions and sea salts.

Environmental Consequences

Alternative A: Proposed Plan Generation of particulate matter and emissions from construction vehicles would be minor because construction-related activities would be temporary and not extensive. Additionally, there are no sensitive receptors to air pollution in the vicinity of the project site and the proposed construction activities are not anticipated to generate any objectionable odors. There would be no long-term air quality impacts associated with the proposed Ma’l-el CMA Plan.

Alternative B: Multi-use Throughout and Additional Improvements

Alternative B would increase the construction-related emissions due to the paving of the access road and parking area. Increased construction would potentially increase short- term construction related emissions. However, this increase would be a less than significant amount.

Alternative C: Protection and Restoration

This alternative would have no long term or short-term impacts to air quality, as it would not conduct any construction activities that would release PM10 (particulate matter) or construction vehicular emissions.

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Exhibit 3: CEQA Documentation

Alternative D: No Action The No Action alternative would have no long term or short-term impacts to air quality. The No Action alternative would not conduct any construction activities that would release PM10 (particulate matter) or construction vehicular emissions. 3.4 Biological Resources This section describes the existing biological resources of the Ma-le’l Dunes CMA, presents the potential impacts to these resources from implementation of the proposed the Plan, and identifies measures warranted to mitigate potential adverse impacts. The descriptions in this chapter are based on an independent evaluation of the habitats within the CMA conducted by Mad River Biologists, review of the most current versions of the California Natural Diversity Data Base (2006), review of existing biological and environmental assessments prepared for portions of the CMA by the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service (USFWS) and informal consultation with CMA resource managers.

Regulatory Setting

Federal Endangered Species Act The primary purpose of the Federal Endangered Species Act (ESA) of 1973, as amended, is to protect and conserve endangered and threatened species and the ecosystems upon which they depend. An endangered species is one that is declared by a state or federal agency to be in danger of extinction throughout all or a significant portion of its range. A threatened species is one that is declared by a state or federal agency to be likely to become endangered within the near future.

California Endangered Species Act The California Endangered Species Act (CESA), enacted in 1984, and patterned after the federal ESA, is administered by the California Department of Fish and Game (CDFG). The CESA requires state and lead agencies preparing California Environmental Quality Act (CEQA) documents to consult with CDFG regarding potential impacts on state listed species. Consultation is intended to ensure that actions authorized, funded, or carried out by the lead agency are not likely to jeopardize the continued existence of listed threatened or endangered species, or destroy or adversely modify “essential habitat” (i.e., habitat necessary to the continued existence of the species. If a project may affect species listed jointly under the ESA and CESA, CDFG must participate in ESA Section 7 consultation to the maximum extent possible. CESA allows for take incidental to otherwise lawful development projects. CESA emphasizes early consultation to avoid potential impacts to rare, endangered, and threatened species and to develop appropriate mitigation planning to offset project-caused losses of listed species populations and their essential habitats. The Department may authorize, through permits and memoranda of understanding, the 27 Ma-le’l Dunes CMA Revised IS/EA March 2008

Exhibit 3: CEQA Documentation

take and possession of State-listed species for scientific, educational, and management purposes. The Habitat Conservation Planning Branch (HCPB) administers this permitting process. Permits are required for all individuals on both public and private lands. Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) implements international treaties between the United States and other nations devised to protect migratory birds, any of their parts, eggs, and nests from activities such as hunting pursuing, capturing, killing, selling, and shipping, unless expressly authorized in the regulations or by permit. Migratory birds include geese, ducks, shorebirds, songbirds, wading birds, seabirds, and passerine birds (such as warblers, flycatchers, swallows, etc.). California Fish and Game Code Sections 3503, 3503.5, and 3800 These sections of the Fish and Game Code prohibit the “take, possession, or destruction of birds, their nests or eggs.” Disturbance that causes nest abandonment and/or loss of reproductive effort (killing or abandonment of eggs or young) is considered a “take.” Such a take would violate the Migratory Bird Treaty Act. California Fish and Game Code Section 1601 Pursuant to Fish and Game Code sections 1601-1603, the California Department of Fish and Game (CDFG) regulates activities that use materials from any streambed; or divert, obstruct, or change the natural flow or bed of any river, stream, or lake. Section 1601- 1603 allow CDFG to review any proposed construction of a fish or game resource that might be substantially adversely affected by such construction. CDFG enters into a Streambed Alteration Agreement with a project applicant and can impose conditions on the agreement to prevent adverse impacts to fish and wildlife resources and ensure no net loss of wetlands. If mutual agreement between the CDFG and the affected agency is not reached, agreement will be reached through arbitration procedure to be completed prior to construction of the proposed project. California Coastal Act Policies The California Coastal Act policies within section 3.30 Natural Resources Protection Policies and Standards of the Humboldt County General Plan Volume II Humboldt Bay Area Plan of the Humboldt County Local Coastal Program. These policies provide for protection of environmentally sensitive habitat areas. Additionally, the Coastal Act provides for protection of biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms for the protection of human health. Where feasible these areas should be restored through means minimizing the adverse effects of waste water discharges and entrainment, control mg runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.

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Exhibit 3: CEQA Documentation

U.S. Fish and Wildlife Service Recovery Plan for Seven Coastal Plants and the Myrtle’s Silverspot Butterfly The Recovery Plan for Seven Coastal Plants and the Myrtle’s Silverspot Butterfly delineates reasonable actions that are believed to be required to recover and/or protect seven plants and one invertebrate animal from the coastal dunes of northern and central California, with the ultimate objective of delisting the species once recovery criteria are achieved. Species included in the recovery plan that are pertinent to the Ma-le’l Dunes CMA include Humboldt Bay wallflower and beach layia. Western Snowy Plover Pacific Coast Population Draft Recovery Plan The Western Snowy Plover Pacific Coast Population Draft Recovery Plan delineates reasonable actions that are believed to be required to recover and/or protect the Pacific coast breeding population of western snowy plover, which extends from Damon Point, Washington to Bahia Magdalena, Baja, California, Mexico. The primary objective of the recovery plan is to remove the Pacific coast western snowy plover population from the list of Endangered and Threatened Wildlife and Plants by: 1) achieving well-distributed increases in numbers and productivity of breeding adult birds and 2) providing for long- term protection of breeding and wintering plovers and their habitat.

Affected Environment The Ma-le’l Dunes CMA features a unique assemblage of coastal dune, forest, and wetland communities that comprise a portion of the dune-slough ecosystem of the upper Samoa Peninsula, or North Spit. The North Spit is a relatively mature dune system that contains a diversity of landforms. Typically, the dune system begins above the beach with the foredune, a ridge of sand that forms parallel with the beach above the mean high tide. Behind the foredune is a series of longitudinal dune ridges and swales oriented parallel to the prevailing winds. Collectively, the foredune, dune ridges and swales are referred to as the nearshore dunes. East of the nearshore dunes is a deflation plain that grades into large parabolic moving dunes or sand sheets. Older dunes, located east of the moving dunes, consist of stabilized parabolas, ridges and depressions that support coniferous coastal forest on the uplands and deciduous freshwater swamp or marsh in the low lying wetlands. Estuarine wetlands associated with the Mad River Slough occupy the far eastern side of the CMA. The major vegetation types found within the CMA are depicted in Figure 5, and summarized by representative acreage in Table 3: Vegetation data for Ma-le’l South and Ma-le’l North was provided by the BLM and the USFWS (respectively) for the creation of the habitat map. Descriptions of the various vegetation and habitat types, including a discussion of their associated plant and animal communities and their relative sensitivity and regulatory status are provided in the following section.

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Exhibit 3: CEQA Documentation

CMA boundary lines represent lands owned by BLM and USFWS. The project area under review for the purposes of compliance with CEQA and NEPA includes the mainland properties only, and does not include the salt marsh islands owned by USFWS. The future uses of the salt marsh islands will be evaluated through the separate Federal CCP process underway by USFWS.

Figure 5. Vegetation Types at the Ma-le’l Dunes CMA

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Exhibit 3: CEQA Documentation

Table 3. Summary of Vegetation and Habitat Types and Representative Acreage for Ma-le’l Dunes CMA (based on data from 2003-2005)

Vegetation Type Approximate Area Coniferous Forest 100 acres Dune Mat 75 acres European Beachgrass 25 acres Lupine - Coyote Brush Scrub 10 acres Open Sand 129 acres Dune Swale 50 acres Riparian/Freshwater Swamp 15 acres Brackish Marsh 5 acres Salt Marsh 35 acres

Coniferous Forest – Approximately 100 acres of coastal coniferous forest are found at the Ma-le’l Dunes CMA, occurring on upland stabilized dunes immediately inland from the active moving dunes that encroach upon them. Forested dunes such as these are unique among north coast coniferous forests and have been likened to biological islands due to their isolation and relative small size (BLM 2004a). Coniferous forests within the CMA include the Beach Pine and Sitka Spruce vegetation series described by Sawyer and Keeler-Wolf (1995). Canopy cover within these two series varies from low to high. Trees are typically between 10 and 20 meters tall and the forest is structurally diverse (Pickart 1990). Dominant overstory species include beach pine (Pinus contorta ssp. contorta) and Sitka spruce (Picea sitchensis), however, Douglas-fir (Pseudotsuga menziesii), grand fir (Abies grandis), and madrone (Arbutus menziesii) may also be present. The canopy is typically open in younger-aged beach pine stands with a dense understory of evergreen huckleberry (Vaccinium ovatum), silk tassel (Garrya elliptica), salal (Gaultheria shallon), twinberry (Lonicera involucrata), red- flowering currant (Ribes sanguineum) and/or wax myrtle (Myrica californica). In mature forests, the tree canopy is more closed and there is a less developed shrub layer and stronger presence of low growing ground cover species such as bearberry (Arctostaphylos uva-ursi), reindeer lichen (Cladina pacifica), and false lily-of-the-valley (Maianthemum dilatatum). Other common herbaceous associates include pearly everlasting (Anaphalis margaritacea), hawkweed (Hieracium albiflorum), beach goldenrod (Solidago spathulata), yerba buena (Satureja douglasii), vanilla grass (Hierochloe occidentalis). Orchids are known to occur within the understory of the coniferous forests of the North Spit, including rattlesnake orchid (Goodyera oblongifolia) and rein orchids (Piperia 31 Ma-le’l Dunes CMA Revised IS/EA March 2008

Exhibit 3: CEQA Documentation

elegans and P. transversa. Forested dunes such as these are also known to support a diverse and abundant flora of mosses, lichens, and fungi. Two rare maritime lichens of the genus Bryoria (B. spiralifera and B. pseudocapillaris) have been reported from similar habitats on the North Spit (Glavich 1999). Forested dunes within the Ma-le’l Dunes CMA are bordered by a variety of highly productive habitats, including riparian/freshwater swamp, brackish marsh and salt marsh, all of which provide a prey base for a variety of amphibians, reptiles, birds and mammals that utilize the forest-wetland complex for cover, foraging and/or nesting habitat. Given the relatively small and isolated nature of this habitat type within the CMA most species that occur here are those exhibiting comparatively small home ranges. Similarly, it probably functions as a biological island for many of the species it supports due, once again, to its size (exhibiting high ratio of edge to interior habitat) and isolation. Therefore immigration by individuals from outside of the habitat patch must occur to maintain inhabitance by some of the representative species, especially those with larger home ranges (Sterling 1990). Amphibians likely to be resident in the coniferous forest are northern red-legged frog (Rana aurora aurora), Pacific chorus frog (Hyla regilla), California slender salamander (Batrachoseps attenuatus), Ensatina salamander (Ensatina eschscholtzii picta), and clouded salamander (Aneides ferreus). Other amphibian and reptile species such as rough-skinned newt (Taricha granulosa) and northwestern salamander (Ambystoma gracile) may also use it for cover and foraging habitat. All of these species are terrestrial and require the type of moisture-rich ground cover generally associated with this habitat type.

Reptiles including the California red-sided garter snake (Thamnophis sirtalis) are likely to occur in dune swales and probably utilize adjacent upland coniferous forest for cover and foraging habitat. Representative mammalian species include terrestrial species such as Virginia opossum (Didelphis virginiana), insectivores (vagrant shrew (Sorex vagrans) and shrew mole (Neurotrichus gibbsii)), lagomorphs (brush rabbit (Sylvilagus bachmani) and black-tailed jackrabbit), rodents (deer mouse (Peromyscus maniculatus), western harvest mouse (Reithrodontomys megalotis), Pacific jumping mouse (Zapus princeps), and California vole (Microtus californicus), porcupine (Erethizon dorsatum), gray fox (Urocyon cinereoargenteus), raccoon (Procyon lotor), long-tailed weasel (Mustela frenata), western spotted skunk (Spilogale gracilis), striped skunk (Mephitis mephitis), feral cat (Felis catus), and bobcat (Lynx rufus). Flying mammals likely to occur as foragers include California myotis (Myotis californicus), Yuma myotis (Myotis yumanensis) and big brown bat (Eptesicus fuscus) while hoary bat (Lasiurus cinereus) and Mexican free- tailed bat (Tadarida brasiliensis) are possible but not likely. Special status mammals that utilize coniferous forest include white-footed vole, known to occur in the project vicinity (CNDDB 2006), and Sonoma tree vole (Arborimus pomo) which has a low potential for occurrence within the CMA. Avian species expected to utilize this forest type are many of those associated with both forest interior and edge habitats. A number of resident and migrant bird species are 32 Ma-le’l Dunes CMA Revised IS/EA March 2008

Exhibit 3: CEQA Documentation

expected to occur or have the potential for occurrence in forested dunes of the CMA. Of those, several are sensitive species. Special status species with known occurrence in in this habitat type include Cooper’s hawk (Accipiter cooperi), great egret (Ardea alba), great blue heron (Ardea herodias), yellow warbler (Dendroica petechia brewsteri), snowy egret (Egretta thula), black-crowned night heron (Nycticorax nycticorax), osprey (Pandion haliaetus) and black-capped chickadee (Poecile atricapilla). Those with a high potential for occurrence include Vaux’s swift (Chaetura vauxi) and purple martin (Progne subis). Sharp-shinned hawk (Accipiter striatus) has a low potential for occurrence. Coastal beach pine forests have been assigned a global rank of G4 (greater than 100 viable occurrences world-wide and/or greater than 50,000 acres), a state rank of S2 (6-20 viable occurrences statewide and/or 2,000-10,000 acres), and a threat rank of 0.1 (very threatened) (CNDDB 2006). Forested dunes are considered Environmentally Sensitive Habitat Areas by the California Coastal Commission, and specifically identified as such under Section 3.30.B.1.a.2 of the Humboldt Bay Area Plan (HBAP) of the Humboldt County Local Coastal Program (LCP).

Dune Mat – Approximately 75 acres of dune mat are found within the nearshore dunes of the CMA. Dune mat is characterized by native, perennial forbs, grasses and low- growing shrubs growing on semi-stabilized nearshore dunes. Overall, plant species diversity is high in this vegetation type and cover varies from low to high. In many areas open sand is a significant component of the community. In the Humboldt Bay dunes, dune mat is represented by the Sand-verbena – beach bursage series described by Sawyer and Keeler-Wolf (1995) and Pickart & Sawyer (1998). Common species of this series include beach bursage (Ambrosia chamissonis), yellow sand-verbena (Abronia latifolia), beach pea (Lathyrus littoralis), dune goldenrod (Solidago spathulata ssp. spathulata), beach strawberry (Fragaria chiloensis), seaside daisy (Erigeron glaucus), beach morning glory (Calystegia soldanella), dune buckwheat (Eriogonum latifolium), dune sagebrush (Artemisia pycnocephala), seashore bluegrass (Poa douglasii), and beach evening primrose (Camissonia cheiranthifolia) (Pickart & Sawyer 1998). Dune mat provides habitat for two federally listed endangered plant species that occur within the CMA, Humboldt Bay wallflower (Erysimum menziesii ssp. eurekense) and beach layia (Layia carnosa), two California Native Plant Society (CNPS) List 1B species, dark-eyed gilia (Gilia millefoliata) and pink sand verbena (Abronia umbellata ssp. breviflora), and a CNPS list 4 species, American glehnia (Glehnia littoralis ssp. leiocarpa). Dune mat within the CMA supports a variety of wildlife, providing cover as well as serving as breeding and foraging habitat for several small mammals such as insectivores (shrews and moles) black-tailed jackrabbit and rodents (mice and voles). Some larger mammals also commonly utilize this habitat type for foraging, including long-tailed weasel, bobcat, gray fox, both striped and spotted skunk, and occasionally black-tailed deer (Odocoileus hemionus). Porcupines also use the nearshore dunes although their potential for occurrence is lower. Northern alligator lizard (Elgaria coeruleus) and California red-sided garter snake have been documented using the dune mat habitat.

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Many avian species utilize the nearshore dunes within the CMA, particularly those raptor species that prey on small mammals. This community supports several sensitive avian species including northern harrier (Circus cyaneus), white-tailed kite (Elanus leucurus), and short-eared owl (Asio flammeus). Rarely, stray burrowing owls (Athene cunicularia) have been observed in similar dune habitats on the South Spit of Humboldt Bay and at Centerville Beach near the mouth of the Eel River (S. McAllister, pers. obs. 2001-2003). In the Humboldt Bay dunes, this community has been severely impacted by the spread of invasive exotic species, primarily European beachgrass (Ammophila arenaria), yellow bush lupine (Lupinus arboreus), and iceplant (Carpobrotus edulis x C. chilensis), and has been reduced to an estimated 17% (470 acres) of its original extent (Pickart & Sawyer 1998). The Native Dunegrass Series, occurring on the foredune, is recognized as a sensitive natural community, regardless of the degree of degradation by invasive exotic species, and is assigned a global rank of G2 (6-20 viable occurrences worldwide and/or 2000-10,000 acres), and state rank of S2 (6-20 viable occurrences statewide and/or 2,000- 10,000 acres), and a threat rank of 0.1 (very threatened) (CNDDB 2006). Foredunes are considered Environmentally Sensitive Habitat Areas by the California Coastal Commission, and specifically identified as such under Section 3.30.B.1.a.2 of the HBAP of the Humboldt County LCP.

European Beachgrass – Approximately 25 acres of European beachgrass occur at the Ma-le’l Dunes CMA. Native to coastal dunes in Europe, European beachgrass is a prolific, rhizomatous grass that was introduced to the North Spit of Humboldt Bay in the early 1900’s, where it was planted to stabilize moving sand. In northern California and Oregon, it is known to substantially alter the physical and biological conditions of the natural dune environment, consequently leading to a loss of native vegetation (Pickart & Sawyer 1998). In the Humboldt Bay dunes, European beachgrass has displaced much of the native dunegrass (Leymus mollis) and dune mat vegetation. Few species are found in association with the European beachgrass series, but relict native species can occur in and on the periphery of this vegetation type. Foredunes dominated by European beachgrass tend to form steep, continuous ridges oriented parallel to the beach. These stabilized foredunes experience few “blowouts”, reducing sand movement to the interior dunes. Overall, wildlife use is limited in areas dominated by European beachgrass and species likely to occur are similar to those described for dune mat. However, European beachgrass has been demonstrated to increase the use of nearshore dunes by rodents and their predators (hawks) while invertebrate populations have been found to be greatly reduced following invasion. Restoration efforts of native dune vegetation often involve the eradication of European beachgrass and other invasive exotics such as yellow bush lupine and iceplant. Efforts to eradicate non-native species from the nearshore dunes and forest have been underway since the early 1990’s on the BLM Manila Dunes and since 1992 on the USFWS Fernstrom-Root parcel, and have been successful. The agencies have begun to focus restoration efforts on their new respective acquisitions, the Khoaghali and Buggy Club parcels. The majority of the existing European beachgrass within the Ma-le’l Dunes

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Exhibit 3: CEQA Documentation

CMA is found within the newly acquired, former “Buggy Club” parcel at Ma-le’l North, where restoration efforts are currently underway.

Lupine–Coyote Brush Scrub –The lupine-coyote brush scrub vegetation type occupies approximately 10 acres within the CMA, and is primarily found in the nearshore dunes of the newly acquired “Buggy Club” parcels at Ma-le’l North and Ma-le’l South. It is characterized by the presence of two-shrub species, yellow bush lupine (Lupinus arboreus) and coyote brush (Baccharis pilularis), occurring in varying degrees of dominance and cover. When one species is dominant, it comprises the Yellow bush lupine series or Coyote brush series described by Sawyer and Keeler-Wolf (1995). Wax myrtle and twinberry (Lonicera involucrata) may also be associated with these vegetation types, although at lower cover values. The shrub canopy may be intermittent or continuous, but is typically less than 2 m (6.6 ft) in height (Pickart & Sawyer 1998). The ground layer is variable, but European beachgrass and exotic annual grasses such as ripgut brome (Bromus diandrus), European hairgrass (Aira caryophylla and A. praecox), and vulpia (Vulpia bromoides) are common in the understory. Yellow bush lupine is believed to be native from Sonoma to Ventura county but has become naturalized locally. It is considered an invasive exotic species in Humboldt County where, like European beachgrass, it has a history of being planted to stabilize coastal dunes (Sawyer and Keeler-Wolf 1995). Yellow bush lupine acts as a catalyst for the invasion of other non-native species by increasing the levels of organic matter and releasing nitrogen to the surrounding substrate; thereby diminishing the competitive advantage native species have on the otherwise low-nutrient sand dunes (Pickart & Sawyer 1998). Although coyote brush is a native species, it is typically found on degraded dunes that have previously been stabilized by European beachgrass and/or yellow bush lupine. As with the European beachgrass, this vegetation type is the subject of eradication efforts to restore the nearshore dunes for native vegetation. Lupine-coyote brush scrub within the CMA provides breeding and foraging habitat as well as cover for a variety of resident reptiles and mammals and both resident and migrant birds. The only sensitive wildlife species with the likelihood for occurrence within this habitat type is the Northern Harrier, which may use it as foraging habitat. Wildlife species occurring within this habitat include those species adapted to habitat edges.

Open Sand – Open sand represents approximately 130 acres within the CMA, and is the mapping unit used to delineate the beach and the moving dunes that are primarily unvegetated. Also referred to as the littoral strip, the upper beach represents the area of loosely compacted sand that occurs between the tidal wash zone and the foredune. Abiotic factors and seasonal vegetation influence the landscape here. High winds, waves, cyclic tidal inundation, and sand transport by littoral action severely restrict plant growth. Drift accumulates here and new dunes form if the beach is accreting (i.e. expanding). Pioneer plant species such as the exotic but non-invasive sea rocket (Cakile maritima and C. edentula) and native dunegrass (Leymus mollis) become established in the summer but

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are frequently removed by winter storm activity. European beachgrass may also colonize open sand areas, leading to the creation of very high, stable foredunes. Moving dunes to the east also support little to no vegetation; however, sea rocket, yellow sand verbena, and the invasive European beachgrass are known to occur. These active, unstable, and windblown dunes do not provide optimal habitat conditions for endangered plants or associated dune mat species. However, the federally endangered beach layia and the CNPS list 1B plants dark-eyed gilia and pink sand verbenas are occasionally found growing here. Open sand is a unique and important environment for a number of wildlife species and provides critical habitat for insects occurring within the CMA, most notably several species of bee and other pollinators. Amphibian and reptile use of open sand occurs as these species transverse between the forest and swales or among swales. The special status northern red-legged frog inhabits dune swales adjacent to open sand. Several species of seabirds, shorebirds, raptors, and landbirds frequent the beach of the CMA. This habitat type is unique because it is the area of interface between the ocean and upland dune habitats, allowing for a dynamic combination of bird species and interactions. For example, shorebirds of the open sand environment serve as a prey base for a number of raptor species. Many of the birds occurring or with the potential for occurrence in open sand are sensitive species. Of these, northern harrier, merlin (Falco columbarius), peregrine falcon (Falco peregrinus), osprey, California brown pelican (Pelecanus occidentalis californicus) and double-crested cormorant (Phalacrocorax auritus) are known to occur; elegant tern (Sterna eleganus) has a high potential for occurrence; western snowy plover (Charadrius alexandrinus nivosus) and long-billed curlew (Numenius americanus) have a moderate potential for occurrence and bald eagle (Haliaeetus leucocephalus) has a low potential for occurrence. Terrestrial mammals that commonly use open sand include gray fox, raccoon, and striped skunk. Marine mammals occasionally use the beach to haul out when sick, distressed or molting. Harbor seals (Phoca vitulina) also use it as a haul out during their pupping season. Beaches and moving dunes are part of the active coastal dune system, which have been assigned a global rank of G3 (21-100 viable occurrences worldwide and/or 10,000- 50,000 acres), a state rank of S2 (6-20 viable occurrences statewide and/or 2,000-10,000 acres), and a threat rank of 0.2 (threatened) (CNDDB 2006). These habitats are considered Environmentally Sensitive Habitat Areas by the California Coastal Commission, and specifically identified as such under Section 3.30.B.1.a.2 of the HBAP of the Humboldt County LCP.

Dune Swale – Dune swales occupy approximately 50 acres of the Ma-le’l Dunes CMA. Also known as dune hollows, dune swales are seasonal, freshwater wetlands that form in the nearshore dunes. During the spring and summer months, strong prevailing winds erode the sand down to the summer water table. When the water table rises in the winter, ephemeral ponds are formed and colonized by hydrophytic vegetation.

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Exhibit 3: CEQA Documentation

There are two vegetation types associated with dune swales: herbaceous and woody. Herbaceous swales are typically dominated by Brewer’s rush (Juncus breweri) and/or slough sedge (Carex obnupta), the latter classified as the Sedge series by Sawyer and Keeler-Wolf (1995) and associated with areas that exhibit more persistent wetland hydrology. Over a period of just a few years, herbaceous swales can succeed to woody swales. Hooker willow (Salix hookeriana) is usually the first to colonize herbaceous swales, comprising the Hooker willow Series described by Sawyer and Keeler-Wolf (1995). Beach pine may also dominate, forming the Beach pine series. Both series may support wax myrtle (Myrica californica), red alder (Alnus rubra), and occasionally Sitka spruce. Woody swales often have an understory dominated by Brewer’s rush and/or slough sedge. Dune swales may provide breeding habitat for amphibians and reptiles such as northwestern salamander, rough-skinned newt, Pacific chorus frog, California red-sided garter snake and the special status northern red-legged frog and northwestern pond turtle. Swales that lack a surface water component year round are less likely to be used by wildlife that depends on aquatic resources. Avian species occurring within this habitat type include resident and breeding black- capped chickadee and migrant yellow warbler, both with known occurrence at the CMA, and raptors such as Cooper’s (present) and sharp-shinned (low potential) hawks that may hunt here during migration and winter. Mammalian species likely to occur include several resident small mammals of the orders Insectivora and Rodentia that use dune swales for breeding, foraging, and cover. Medium and large mammals such as Virginia opossum, brush rabbit, black-tailed jackrabbit, porcupine, gray fox, raccoon, long-tailed weasel, mink, spotted skunk, striped skunk, bobcat, and the occasional wander-on deer, also use this habitat for foraging and cover. In addition, bats may forage seasonally within dune swales. Under the Cowardin wetland classification system (Cowardin ET AL. 1979), dune swales are considered part of the Palustrine System, Emergent Class, Persistent Subclass, with a seasonally flooded water regime. Vegetated dune swales are considered Waters of the U.S. and are regulated by the United States Army Corps of Engineers (Corps) under section 404 of the Federal Clean Water Act. They also fall within the jurisdiction of the California Coastal Commission as Coastal Act wetlands, and are identified as Environmentally Sensitive Habitat Areas under Section 3.30.B.1.a.2 of the HBAP of the Humboldt County LCP. The California Department of Fish and Game does not distinguish dune hollows from other freshwater marshes and swamps, which are afforded a global rank of G2 (6-20 viable occurrences worldwide and/or 2000-10,000 acres), a state rank of S2 (6-20 viable occurrences statewide and/or 2,000-10,000 acres), and a threat rank of 0.2 (threatened) (CNDDB 2006).

Riparian /Freshwater Swamp – Riparian and freshwater swamp accounts for approximately 15 acres of the CMA. This habitat is found at Ma-le’l North and Ma-le’l South in depressions within the coniferous forest that are seasonally to permanently flooded by fresh water. They typically occur at the interface between moving dunes and

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stabilized forested dunes, along persistent water courses (Iron Creek), but are also found adjacent to the brackish and salt marsh habitats of the Mad River Slough. Successionally more developed than dune swales; riparian swamps, have a higher cover of trees and shrubs. At the Ma-le’l Dunes CMA, Red Alder and Hooker Willow are the dominant vegetation series found within this habitat where they frequently intermix. Common shrubs include wax myrtle, California blackberry, cascara (Rhamnus purshiana), red elderberry (Sambucus racemosa), and salmonberry (Rubus spectabilis). Red alder is more commonly found in riparian positions that may also support an herb layer of skunk cabbage (Lysichiton americanum), lady fern (Athyrium filix-femina), hedge nettle (Stachys chamissonis), pacific silverweed and a number of sedges and rushes. Riparian/freshwater swamp provides the best habitat for aquatic amphibians and reptiles within the CMA. Terrestrial species may also frequent swamp edges. Those species likely to inhabit this community include rough-skinned newt, Pacific chorus frog and California red-sided garter snake as well as the special status red-legged frog, with known occurrence in the CMA, and northwestern pond turtle with a moderate potential for occurrence. This community is also essential for birds and, within and adjacent to the CMA, riparian/ freshwater swamp reportedly supports among the highest densities of landbirds recorded in North America (USFWS 2000). A multitude of both resident and migrant landbirds use this habitat for breeding, foraging and cover, including special status species such as yellow warbler and black-capped chickadee with known occurrence, Vaux’s swift with a high potential for occurrence, and willow flycatcher with a low potential for occurrence. Four species of special status waterbirds, great egret, great blue heron, snowy egret and black-crowned night heron also forage and roost at the margins of riparian swamps. Raptors such as the special status peregrine falcon and osprey occur here as well. There is a known osprey nest located on Ma-le’l North. Mammals such as long-tailed weasel, gray fox, both striped and spotted skunks and mink probably frequent freshwater/riparian swamp margins for foraging and cover. However, no special status mammals are likely to occur. Where areal tree cover is greater than 20 ft tall and 30% or greater, this habitat belongs to the Forested Class, Broad-leaved Deciduous Subclass of the Palustrine Wetland System. Where trees or shrubs alone cover less than 30% of an area but in combination cover 30% or more, the wetland is assigned to the Scrub-shrub Class, Broad-leaved Deciduous Subclass (Cowardin ET AL. 1979). This typically occurs at ecotones between the freshwater swamps, which are classified under the Emergent Subclass and Persistent Subclass, and the forested alder habitat. Freshwater swamps are considered Waters of the U.S. and are regulated by the Corps under section 404 of the Federal Clean Water Act. They also fall within the jurisdiction of the California Coastal Commission as Coastal Act wetlands, and are identified as Environmentally Sensitive Habitat Areas under Section 3.30.B.1.a.1 of the HBAP of the Humboldt County LCP. Freshwater swamps are afforded a global rank of G2 (6-20 viable occurrences worldwide and/or 2000-10,000 acres), a state rank of S2 (6-20 viable

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occurrences statewide and/or 2,000-10,000 acres), and a threat rank of 0.2 (threatened) (CNDDB 2006).

Brackish Marsh – There are approximately 5 acres of brackish marsh within the CMA, occupying a linear strip of vegetation between the salt marsh and coniferous forest at Ma- le’l North. A brackish marsh shares attributes of both salt marsh and freshwater marsh systems. At the CMA, brackish areas are influenced by the semi-diurnal tide cycle of the slough but they receive sufficient freshwater input from the adjacent riparian swamp and/or runoff from the upland forest to support brackish species such as seacoast bulrush (Scirpus maritimus), cattail (Typha latifolia), slough sedge, salt grass (Distichlis spicata), salt rush (Juncus lesueurii), Lyngbye’s sedge (Carex lyngbyei), a CNPS List 2 species, and sea watch (Angelica lucida), a CNPS list 4 species. Many species of birds utilize brackish marsh for breeding, foraging and cover. This system supports a variety of gastropods, polychaetes and crustaceans (Barnhart et al. 1992) that form a prey base for a multitude of birds including special status herons and egrets (great egret, great blue heron, snowy egret and black-crowned night heron), short- eared owl, northern harrier, white-tailed kite, merlin, peregrine falcon, bald eagle and long-billed curlew. Mammals such as raccoon, both striped and spotted skunk, long-tailed weasel, river otter and mink are also likely to frequent the brackish marsh system. Water chemistry will fluctuate in this habitat in response to tide cycles and seasonally with an increase in runoff during the rainy season; however, they are typically considered part of the Estuarine System, Intertidal Subsystem, Emergent Wetland Class, and Persistent Subclass, intermittently flooded, with a mixohaline (brackish) water chemistry (Cowardin ET AL. 1972). They are considered Waters of the U.S. and are regulated by the Corps under section 404 of the Federal Clean Water Act. They also fall within the jurisdiction of the California Coastal Commission as Coastal Act wetlands, and are identified as Environmentally Sensitive Habitat Areas under Section 3.30.B.1.a.1 of the HBAP of the Humboldt County LCP. Mixohaline estuarine systems are afforded a global rank of G2 (6-20 viable occurrences worldwide and/or 2000-10,000 acres), a state rank of S3 (21-100 viable occurrences statewide and/or 10,000-50,000 acres) and a threat rank of 0.2 (threatened) (CNDDB 2006). Salt Marsh – There are approximately 35 acres of salt marsh within the CMA, located along the margin of the mainland and on islands [islands have been removed from planning area and will be evaluated under the USFWS CCP process]of the Mad River Slough at Ma-le’l North. Island marshes typically support a more diverse plant assemblage than mainland marshes and are found at slightly higher elevations, generally greater than 7.3 feet MLLW. Eicher (1987) described the plant community of the high elevation salt marsh as the mixed marsh type, which is known to support up to twenty- two different plant species, none representing more than 25% of the total vegetative cover. Common representative species include saltgrass, pickleweed (Salicornia virginica), jaumea (Jaumea carnosa), arrowgrass (Triglochin maritima and T. concinna), and marsh rosemary (Limonium californicum). The mixed marsh type is optimal habitat for the rare Humboldt Bay owl’s-clover (Castilleja ambigua ssp. humboldtiensis) and Point Reyes bird’s-beak (Cordylanthus maritimus ssp. palustris) whose nearby occurrences have been mapped by USFWS. 39 Ma-le’l Dunes CMA Revised IS/EA March 2008

Exhibit 3: CEQA Documentation

The mixed marsh subtype may also be found along mainland banks of the slough, however, the Cordgrass and Pickleweed vegetation series are more common than mixed marsh, especially at lower tidal elevations. The Pickleweed series supports some of the same species as the mixed marsh subtype, but pickleweed accounts for approximately 70% of the total vegetative cover, and it is typically found at elevations below 6.9 feet MLLW. The Cordgrass series occurs primarily at mid-tidal elevations (6.9 -7.3 feet MLLW; however Spartina abundance peaks between 6.3 and 7. 3 MLLW). It is characterized by a predominance of dense-flowered cordgrass (Spartina densiflora), which is an invasive, introduced species that has spread extensively throughout Humboldt Bay. It is a co-dominant in dense mid-tidal elevation stands of pickleweed. It should be noted that recent studies have found cordgrass increasingly encroaching into the pickleweed subtypes, and to a lesser extent, the mixed marsh subtype (Pickart 2001). Like brackish marsh, salt marsh habitats are highly productive, inhabited by a variety of gastropods, polychaetes and crustaceans, and support similar wildlife assemblages. Many species of birds utilize salt marsh and include special status species such as herons and egrets (great egret, great blue heron, snowy egret and black-crowned night heron), short- eared owl, northern harrier, white-tailed kite, merlin, peregrine falcon, bald eagle and long-billed curlew, primarily as foragers. Additionally, salt marsh habitats are used extensively for roosting sites by shore birds, such as willets, during high tides. Mammals such as raccoon, both striped and spotted skunk, long-tailed weasel, river otter and mink are also likely to occur. Salt marsh habitats within the CMA are part of the Estuarine System, Intertidal Subsystem, Emergent Wetland Class, Persistent Subclass (Cowardin ET AL. 1972). The soils are hydric, and influenced by a water regime that varies from regularly to irregularly flooded, with water chemistry that may be hyperhaline (dominance of ocean salts) to mixohaline (brackish). They are Waters of the U.S. and are regulated by the Corps under section 404 of the Federal Clean Water Act and Section 10 of the Rivers and Harbors Act. They also fall within the jurisdiction of the California Coastal Commission as Coastal Act wetlands, and are identified as Environmentally Sensitive Habitat Areas under Section 3.30.B.1.a.3 of the HBAP of the Humboldt County LCP. Salt marsh habitats such as these have been assigned a global rank of G3 (21-100 viable occurrences worldwide and/or 10,000-50,000 acres), a state rank of S3 (21-100 viable occurrences statewide and/or 10,000-50,000 acres), and a threat rank of 0.2 (threatened) (CNDDB 2006). As much as 90% of the historic salt marsh around Humboldt Bay has been lost due to development (Barnhart ET AL. 1992. ).

Threatened, Endangered, and Special Status Species

Definition of Special Status Species For the purposes of this analysis and following common practice, “special-status species” are defined as those plants and animals that are legally protected under the State and Federal Endangered Species Acts (ESA) and other regulations, and species that are considered rare by the scientific community. Rare, endangered, or threatened species are protected by the Federal Endangered Species Act of 1973 (as updated in 50 CFR § 17.11

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and 17.12, January 1992), the California Native Plant Protection Act of 1997, and the California Endangered Species Act of 1970 (California Administrative Code Title 14, section 670.2 and 670.51). The California Environmental Quality Act (CEQA) (January 1984) provides additional protection for listed species that meet the Rare or Endangered criteria defined in section 15380. (a) Federal Endangered Species (FE). A species listed as Endangered under the Federal ESA is on the brink of extinction as determined through a strict legal and scientific listing process. This gives the species protection under Section 9 of the Federal ESA which prohibits the “take” of any Endangered species. “Take” is defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” any such animal. (b) Federal Threatened Species (FT). A species listed as Threatened under the Federal ESA is experiencing serious threats that may eventually lead to its extinction, but the situation is not yet critical. Those species listed as Federally Threatened are not automatically protected under the Act although most of the same protection that applies to Federally listed Endangered species applies to Threatened species as authorized through Section 4(d) of the Act. Therefore, unauthorized “take” (i.e. harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect) is not permitted. Exceptions to the “take” rule, often referred to as 4(d) rules, can be authorized by the United States Fish and Wildlife Service. The Service can also authorize the issuance of “take” permits to allow the “take” of a Federally Threatened species as part of an otherwise lawful activity. (c) Federal Candidate Species (FC). Federal Candidate species are those species for which enough data has been collected to support a proposal to list the species as either Threatened or Endangered under the Federal ESA. Federal Candidate species are not protected under the ESA and are not considered herein. (d) Federal Species of Concern (FSC). Federal Species of Concern are species for which the data are insufficient at this time to support a federal listing proposal. Additional field research and data collection are necessary in order to classify these species as either candidates for listing or remove them from consideration. Federal species of concern are not protected under the Federal Endangered Species Act. (e) State Endangered Species (SE). A species listed as Endangered under the California Endangered Species Act (CESA), administered by the California Department of Fish and Game (CDFG), is “in serious danger of becoming extinct throughout all, or a significant portion of its range” and is limited to species or subspecies native to California (§2062). “Take” (“to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”) is prohibited under CESA except as otherwise provided in State law. (f) State Threatened Species (ST). A species listed as Threatened under the CESA (§ 2067) is “a native species or subspecies that although not presently threatened with extinction, is likely to become an Endangered species in the foreseeable future” in the absence of the special protection and management efforts required in the CESA chapter of the Fish and Game Code Section 2050-2068. Any animal determined to be “rare” by the Fish and Game Commission on or before January 1, 1985 is a Threatened species. (g) State Fully Protected Animals (CFP). Fully Protected Animals are protected under California Fish and Game Code §§3511 (birds), 4700 (mammals) and 5050 (amphibians).

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Exhibit 3: CEQA Documentation

State fully protected animals or parts thereof may not be taken or possessed at any time except for the following cases: 1) the California Fish and Game Commission may authorize the collecting of such species for necessary scientific research and may authorize the live capture and relocation of such species pursuant to a permit for the protection of livestock, and 2) legally imported fully protected animals or parts thereof may be possessed under a permit issued by the CDFG. (h) State Species of Special Concern (CSC). California Species of Special Concern are species listed by the CDFG as those California breeding populations that are seriously declining with the possibility of extirpation from all or a portion of their range. This designation affords no legally mandated protection. However, pursuant to the CEQA Guidelines, some species of special concern would be considered Rare. Any unmitigated impacts to rare species would be considered under the CEQA Guidelines to be a “significant effect on the environment.” Thus, Species of Special Concern must be considered in any project that will or is currently undergoing CEQA review and/or must obtain an environmental permit(s) from a public agency. (i) California Native Plant Society List Species. The California Native Plant Society (CNPS) maintains an inventory that includes five lists for categorizing plant species of concern. List 1 species have the highest priority: List 1A species are thought to be extinct and List 1B species are known to still exist. List 2 species are rare in California, but more common elsewhere. Lists 3 and 4 contain species about which there is some concern; these are “review” and “watch” lists, respectively. The plants on the CNPS list 1B and 2 are considered rare, endangered, and threatened plants pursuant to Section 15380 of the CEQA Guidelines. The plants on these lists meet the definitions under the Native Plant Protection Act and/or the California Endangered Species Act of the California Department of Fish and Game Code and are eligible for state listing. CDFG requests the inclusion of List 1 and List 2 species in environmental documents. In addition, other state and local agencies may request the inclusion of species on other lists as well. (j) California Natural Diversity Data Base. CDFG maintains records for the distribution and known occurrences of special status species and natural communities in the California Natural Diversity Database (CNDDB). It is organized into map areas based on 7.5 minute topographic quadrangles produced by the U.S. Geological Survey. The database gives detailed information on each occurrence, including specific location of the individual, population, or habitat (if possible) and the presumed current state of the population or habitat. Sensitive species and natural communities are also ranked in the database by their rarity and threat status, as defined below: Global Ranking

The global rank (G-rank) is a reflection of the overall condition of an element throughout its global range.

Species or Community Level G1 = Less than 6 viable element occurrences (EOs) OR less than 1,000 individuals OR less than 2,000 acres.

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G2 = 6-20 EOs OR 1,000-3,000 individuals OR 2,000-10,000 acres. G3 = 21-80 EOs OR 3,000-10,000 individuals OR 10,000-50,000 acres. G4 = Greater than 100 viable occurrences worldwide and/or greater than 50,000 acres G5 = Community demonstrably secure due to worldwide abundance Subspecies Level: Subspecies receive a T-rank attached to the G-rank. With the subspecies, the G-rank reflects the condition of the entire species, whereas the T-rank reflects the global situation of just the subspecies or variety. The five T-rank categories are the same as the G-rank categories listed above, but again, apply only to subspecies or varieties.

State Ranking The state rank (S-rank) is assigned much the same way as the global rank, except state ranks in California often also contain a threat designation attached to the S-rank (S1 through S5) State threat ranks include: 0.1: Very threatened 0.2: Threatened 0.3: No current threats known

Methodology for Determining Occurrence or Potential Occurrence of Special Status Species within the CMA The CNDDB and CNPS inventory were queried for the project region in May of 2006. The project region was defined as the Eureka 7.5 minute USGS quadrangle and six adjacent coastal quadrangles (Arcata North, Arcata South, Tyee City, Fields Landing, Cannibal Island, and McWhinney Creek). Table 4 includes a list of regional special status plants and animals compiled for the CMA based on the results of data base queries, data provided by BLM and USFWS CMA resource managers, review of pertinent literature, and informal consultation with public agencies and other knowledgeable individuals. The absence of a particular special-status plant or animal from the report does not necessarily mean that it is absent from the study area, only that no occurrence records exist in the CNDDB or CNPS inventories for the project region, and it has not been detected within the CMA to date. Habitat suitability was evaluated for all special-status species addressed in the biological study by using the following criteria: (1) Present. The species is known to occur within the CMA, based on historical occurrence records and/or recent survey data. (2) High Potential. Habitat components meeting the species requirements are present and most of the habitat on or adjacent to the site is highly suitable. The species has a high probability of being found in the CMA. (3) Moderate Potential. Habitat components meeting the species requirements are present; however, some of the habitat on or adjacent to the site is unsuitable. The species has a moderate probability of being found in the CMA.

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(4) Low Potential. Some habitat components meeting the species requirements are present; however, the majority of habitat on and adjacent to the site is unsuitable. The species has a low probability of being found in the CMA. (5) Not Present. Habitat on and adjacent to the site is clearly unsuitable for the species or recent survey data indicates that it currently does not occur within the CMA.

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Exhibit 3: CEQA Documentation

CMA boundary lines represent lands owned by BLM and USFWS. The project area under review for the purposes of compliance with CEQA and NEPA includes the mainland properties only, and does not include the salt marsh islands owned by USFWS. The future uses of the salt marsh islands will be evaluated through the separate Federal CCP process underway by USFWS.

Figure 6. Special Status Species at the Ma-le’l Dunes CMA 45 Ma-le’l Dunes CMA Revised IS/EA March 2008

Table 4. Special Status Species Addressed for the Ma-le’l Dunes Cooperative Management Area Public Access Plan

Plant Species Status * Habitat Characteristics (CNDDB 2006)2 Potential for Occurrence at the CMA

Abronia umbellata ssp. List 1B.1 Coastal dunes and coastal strand from north Present. Pink sand verbena occurs in the nearshore breviflora G4G5T2/S2.1 coast of California into Oregon. Foredunes dunes of the CMA and adjacent foredune habitats of and interior dunes with sparse cover; 0-12m. the North Spit. pink sand verbena Exhibit 3: CEQADocumentation Angelica lucida List 4.2 Coastal bluff scrub, coastal dunes, coastal Present. Occurrences of sea watch have not been G5/S2S3 scrub, coastal salt marshes; 0-150m. mapped within the CMA, but the species reportedly sea watch occurs with the brackish marsh habitats at Ma-le’l North (pers. comm. Andrea Pickart October 2006).

Astragalus List 1B.2 Mesic sites in dunes or along streams or Low Potential. There are historical records for coastal pycnostachyus var. G2T2/S2.2 coastal salt marsh; 0-3m. marsh-milk vetch on the North Spit and suitable habitat pycnostachyus does occur within the CMA, however, it has not been documented within the project area to date. coastal marsh milk-vetch

Carex arcta List 2.2 Bogs and fens, North Coast coniferous forest Low Potential. No occurrence records for northern G5/S1S2 (mesic); 60-1,400m. clustered sedge on the North Spit and it has not been northern clustered sedge documented within the CMA to date, although potentially suitable habitat areas (riparian swamp) may not have been thoroughly surveyed for this species.

Carex leptalea List 2.2 Bogs and fens, meadows (mesic), marshes Low Potential. No occurrence records for flaccid G5/S2? and swamps; 0-790m. sedge on the North Spit and it has not been flaccid sedge documented within the CMA to date, although potentially suitable habitat areas (riparian swamp) may not have been thoroughly surveyed for this species.

2 California Department of Fish and Game Natural Diversity Data Base. 2006.

Ma-le’l Dunes CMA 46 Revised IS/EA March 2008 Plant Species Status * Habitat Characteristics (CNDDB 2006)2 Potential for Occurrence at the CMA

Carex lyngbyei List 2.2 Marshes and swamps (brackish or Present. Lyngbye’s sedge was observed along a G5/S2.2 freshwater); 0-10m mainland bank of the Mad River Slough at Ma-le’l Lyngbye’s sedge North during a reconnaissance site visit in 2006 by Mad River Biologists. The USFWS is aware of this occurrence; however, it has not been mapped for the CMA Public Access Plan or related biological studies.

Carex praticola List 2.2 Moist to wet meadows; 0-3200m. Low Potential. There are no records for meadow

G5/S2S3 sedge on the North Spit, and it has not been Exhibit 3: CEQADocumentation meadow sedge documented within the CMA to date. Castilleja affinis ssp. List 2.2 Coastal bluff scrub, coastal dunes, coastal Low Potential / Not Present. Suitable habitat within litoralis G4G5T4/S2.2 scrub/ sandy; 15-100m. the CMA includes undeveloped dunes; however, this species is not known to occur on the North Spit, and it Oregon coast Indian has not been detected within the CMA to date. There paintbrush is reasonable certainty that it does not occur within the nearshore dunes of the CMA. Castilleja ambigua ssp. List 1B.2 Found in coastal salt marsh habitat, in Present. This species occurs on island and mainland humboldtiensis G4T2/S2.2 association with Spartina, Distichlis, Salicornia, salt marsh habitats of the CMA. It occurs on the Jaumea. 0-3m. Known only from Humboldt and mainland at the end of the Railroad berm trail at Ma-le’l Humboldt Bay owl’s- Marin Counties. North. clover

Cordylanthus maritimus List 1B.2 Found in coastal salt marsh habitat, in Present. The majority of the bird’s-beak within the ssp. palustris G4?T2/S2.2 association with Spartina, Distichlis, CMA is found on island salt marshes, but small Salicornia, Jaumea, etc.; 0-15m. occurrences have been mapped on the mainland at Point Reyes bird’s-beak Ma-le’l North on a small promontory south of the proposed boat landing and north of Sierra Pacific Industries.

Ma-le’l Dunes CMA 47 Revised IS/EA March 2008 Plant Species Status * Habitat Characteristics (CNDDB 2006)2 Potential for Occurrence at the CMA

Erysimum menziesii ssp. FE, SE Endemic to coastal dunes (foredunes) around Present. Humboldt Bay wallflower occurs in the nearshore dunes of Ma-le’l South and Ma-le’l North, eurekense List 1B.1 Humboldt Bay; 0-10m. found primarily in the dune mat vegetation type. Humboldt Bay wallflower G3?T1/S1.1

Erythronium revolutum List 2.2 Bogs and fens, Broadleafed upland forest, Not Present. There are no occurrence records for G4/S2.2 North Coast coniferous forest / mesic, coast fawn lily on the North Spit, and it has not been coast fawn lily streambanks; 0-1065m. detected within the CMA to date. Exhibit 3: CEQADocumentation

Fissidins pauperculus List 1B.2 North coast coniferous forests (damp coastal Low Potential. The beach pine/Sitka spruce forest G3?/S1.2 soil); may be suitable for this moss; however, it has not minute pocket-moss been detected within the CMA and no occurrence 10-100m. records exist for the North Spit.

Gilia capitata ssp. List 1B.2 Coastal bluff scrub, coastal prairie, valley and Low Potential. There are no occurrence records for pacifica G5T3T4/S2.2 foothill grasslands; 5-300m. Pacific gilia on the North Spit and it has not been ? detected within the CMA to date. Potential suitable Pacific gilia habitat is limited within the project area. Gilia millefoliata List 1B.2 Coastal dunes; 2-20m. Present. Occurrences of dark-eyed gilia have been G2/S2.2 mapped within the nearshore dunes at Ma-le’l South. dark-eyed gilia This species also occurs at Ma-le’l North.

Glehnia littoralis ssp. List 4.2 Coastal dunes; 0-20m. Present. Occurrences of American glehnia have been leiocarpa G5T5/S3.2 documented at Ma-le'l North and South. American glehnia Hesperevax sparsiflora List 2.2 Coastal bluff scrub, coastal dunes, sandy bluffs Moderate Potential. This species has not been var. brevifolia G4T3/S3.2 and flats; 0-200m. documented within the CMA but a population is known from the North Spit near the Samoa drag strip and Short-leaved evax Airport and near the town of Manila. Suitable habitat is

Ma-le’l Dunes CMA 48 Revised IS/EA March 2008 Plant Species Status * Habitat Characteristics (CNDDB 2006)2 Potential for Occurrence at the CMA present at the CMA. This annual species withers rapidly after setting seed and is often overlooked due to its diminutive size. Ma-le'l North has been surveyed for this species, with none found. Lathyrus japonicus List 2.1 Coastal dunes, 1-30m. Low Potential. Historical occurrences of sand pea are G5/S1.1 known from the North Spit, and suitable habitat sand pea includes undeveloped dunes; however, this species has not been documented within the CMA. There is Exhibit 3: CEQADocumentation reasonable certainty that it does not occur within the nearshore dunes of the CMA based on recent survey efforts. Lathyrus palustris List 2.2 Bogs and fens, mesic sites in lower montane Low Potential. There is an occurrence record of G5/S2S3 coniferous forest, marshes and swamps, North marsh pea near the town of Samoa in the CNDDB; marsh pea Coast coniferous forest, coastal prairie, and however, this species has not been documented within coastal scrub; 1-100m. the CMA. Potentially suitable habitat areas (i.e. riparian swamp) may not have been thoroughly surveyed for this species. Layia carnosa FE, SE On sparsely vegetated, semi-stabilized dunes, Present. Beach layia is locally common in the usually behind foredunes; 0-75m. nearshore dunes of the CMA. beach layia List 1B.1 G1/S1.1

Lilium occidentale FE, SE Coastal scrub, freshwater marsh, bogs and Not Present. No occurrence records exist for the List 1B.1 fens, coastal bluff scrub, coastal prairie, North North Spit, and suitable habitat conditions are not western lily Coast coniferous forest. On well-drained, old present within the CMA (pers. comm. David Imper G1/S1.2 beach washes overlain with wind-blown 2006). alluvium and original topsoil; usually near margins of Sitka spruce; 2-185m. Lycopodium clavatum List 2.3 In California, known only from Humboldt Not present. Running pine has not been documented County. North Coast coniferous forest, within the CMA and no occurrence records presently

Ma-le’l Dunes CMA 49 Revised IS/EA March 2008 Plant Species Status * Habitat Characteristics (CNDDB 2006)2 Potential for Occurrence at the CMA Running-pine G5/S2S3 marshes and swamps; forest floors in shady exist for the North Spit. and semi-exposed mesic areas, 45-1640m. Mitella caulescens List 4.2 Broadleaved upland forests, lower montane Not Present. No occurrence records exist for the G5/S4.2 coniferous forests, meadows and seeps, North North Spit, and suitable habitat conditions are highly leafy-stemmed mitrewort Coast coniferous forests/mesic; 6-1710m. limited within the CMA. This species was recently down listed to CNPS list 4 from CNPS List 2. Monotropa uniflora List 2.2 Broadleaved upland forest, North Coast Not Present. Indian pipe has not been documented Exhibit 3: CEQADocumentation G5/S2S3 coniferous forest; often under redwoods or from the North Spit, and suitable habitat is not present Indian pipe western hemlock; 10-200m. within the CMA. Montia howellii List 2.2 Meadows, North Coast coniferous forests, Not Present. No occurrence records exist for Howell’s G3G4/S1.2 vernal pools. Vernally mesic sites; often on montia on the North Spit, and known habitat Howell’s montia compacted soil. 0-400m. characteristics are not present within the CMA. Rediscovered in California in 1999. Puccinellia pumila List 2.2 In California, known only from Humboldt and Low Potential. Suitable habitat for dwarf alkali grass G4?/S1.1? Mendocino counties. Mineral spring meadows may include the estuarine wetlands of the Mad River dwarf alkali grass and coastal salt marshes; 1-10m. Slough at Ma-le’l North, although this species has not been documented within the CMA to date. Sidalcea malachroides List 4.2 Broadleaved upland forest, coastal prairie, Not Present. Maple-leaved checkerbloom is not G3/S3.2 coastal scrub, and North Coast coniferous known to occur on the North Spit, and habitat maple-leaved forest. Woodlands and clearings near coast; components meeting this species’ requirements are checkerbloom often in disturbed areas; 2-760m. limited within the CMA. Sidalcea malviflora ssp. List 1B.2 Coastal prairie, broad-leaved upland forest. Not Present. Siskiyou checkerbloom is not known to patula G5T1/S1.1 Open coastal forest; 15-65m. occur on the North Spit, and habitat components meeting this species’ requirements are limited within Siskiyou checkerbloom the CMA.

Ma-le’l Dunes CMA 50 Revised IS/EA March 2008 Plant Species Status * Habitat Characteristics (CNDDB 2006)2 Potential for Occurrence at the CMA

Sidalcea oregana ssp. List 1B.2 Endemic to Humboldt County. Meadows and Not Present. Coast checkerbloom is not known to eximia seeps, North Coast coniferous forest, and occur on the North Spit, and habitat components G5T1/S1.2 lower montane coniferous forest; 0-1800m. meeting this species’ requirements are limited within coast checkerbloom the CMA.

Spergularia canadensis List 2.1 Coastal salt marsh; 0-3 m. Present. This species has been documented within var. occidentalis the CMA; it has been documented in salt marsh G5T4?/S1.1 habitats at Ma-le’l North. western sand spurry Exhibit 3: CEQADocumentation Usnea longissima CLS Red List North coast coniferous forest and broadleaved Not Present. Long-beard lichen is not presently known upland forest. Grows in the “redwood zone” on to occur on the North Spit. There is no suitable habitat long-beard lichen w/List 1B a variety of trees, including big leaf maple, for this species within the CMA. recommende oaks, ash, Douglas-fir, and bay; 0-2000 ft. in d G4/S4.2 California. Viola palustris List 2.2 Swampy, shrubby places in coastal scrub or Low to Moderate Potential. Marsh violet has not coastal bogs; 0-15m. been reported from CMA, although suitable habitat marsh violet G5/S1S2 does exist and there are historical occurrences for this species on the North Spit. Suitable habitat areas (i.e. riparian swamp) may not have been thoroughly surveyed for this species.

Ma-le’l Dunes CMA 51 Revised IS/EA March 2008 Insect Species Status* Habitat Characteristics Potential for Occurrence at the CMA Cicindela hirticollis G5T2/S1 Inhabits areas adjacent to non-brackish water Not Present. Although historic occurrence records gravida along the coast of California from the San exist for both the Eureka and Arcata South Francisco Bay to northern Mexico. Habitat quadrangles; sandy beach tiger beetle is considered sandy beach tiger beetle includes clean, dry, light-colored sand in the extirpated, locally. Potentially suitable habitat within upper zone. Subterranean larvae prefer moist the CMA occurs is association with the freshwater

sand not affect by wave action. riparian swamp and dune swales. Exhibit 3: CEQADocumentation

Fish Species Status* Habitat Characteristics Potential for Occurrence at the CMA Eucuclogobius newberryi FE, CSC Occurs in brackish water habitats along the High Potential. Tidewater goby is known to occur within tidewater goby G3/S2S3 California coast from Agua Hedionda Lagoon, Humboldt Bay and has been detected in the Mad River San Diego County to the mouth of the Smith Slough area of the Bay (NE portion of the Arcata Bay River. Found in shallow lagoons and lower near H Street) as recently as 2000 (Greg Goldsmith, stream reaches, tidewater goby needs fairly still USFWS, pers. comm.). The Mad River Slough, but not stagnant water and high oxygen levels. bordering the project area contains suitable habitat for tidewater goby. The CMA falls within critical habitat for this species. Oncorhynchus clarki CSC Small, low gradient coastal streams and High Potential. Coast cutthroat trout are known to occur clarki G4T4/S3 estuaries from the Eel River in California to the in Humboldt Bay which is contiguous with the Mad River Oregon border. Needs shaded streams with slough adjoining the CMA. coast cutthroat trout water temperatures <18° C and small gravel for spawning. Oncorhynchus kisutch FT, ST The federal listing refers to populations High Potenital. Coho salmon are known to occur in G4T2Q/S2? between Cape Blanco, Oregon and Punta Humboldt Bay which is contiguous with the Mad River coho salmon - southern Gorda, Humboldt County, California. The state slough adjoining the CMA. The CMA also falls within Oregon/northern listing refers to populations between the critical habitat for the southern Oregon/northern

Ma-le’l Dunes CMA 52 Revised IS/EA March 2008 Fish Species Status* Habitat Characteristics Potential for Occurrence at the CMA California ESU Oregon border and Punta Gorda, California. California ESU (Rick Rogers, NOAA Fisheries, pers. comm.).

Oncorhynchus mykiss FT Inhabits coastal basins from Redwood Creek, High Potenital. Steelhead is known to occur in irideus G5T2Q/S2 Humboldt County south to the Gualala River, Humboldt Bay which is contiguous with the Mad River Mendocino County. Listing does not include slough adjoining the CMA. The CMA also falls within Steelhead – northern summer-run steelhead. critical habitat for the northern California ESU (Rick California ESU Rogers, NOAA Fisheries, pers. comm.). Exhibit 3: CEQADocumentation Oncorhynchus FT Federal listing refers to wild spawned, coastal, High Potenital. Chinook salmon is known to occur in tshawytscha G5T2Q/S1 spring and fall runs between Redwood Creek, Humboldt Bay which is contiguous with the Mad River Humboldt County and the Russian River, slough adjoining the CMA. The CMA also falls within Chinook Salmon – Sonoma County. critical habitat for California coastal ESU (Rick Rogers, California coastal ESU NOAA Fisheries, pers. comm.).

Amphibian Species Status* Habitat Characteristics Potential for Occurrence at the CMA Ascaphus truei CSC Restricted to perennial montane streams of Not Present. Suitable habitat does not occur within the montane hardwood-conifer, redwood, Douglas- CMA. western tailed frog G4/S2S3 fir, ponderosa pine habitats. Tadpoles require water below 15ºC. Rana aurora aurora CSC Found in humid forests, woodland, grasslands, Present. Northern red-legged frog is known to occur in and streamsides in northwestern California, dune swales and freshwater/riparian swamp throughout northern red-legged frog G4T4/S2? generally near permanent water. They can be the CMA. found far from water, in damp woods and meadows during the non-breeding season. Rhyacotriton variegates CSC Inhabits cold, well-shaded, permanent streams Not Present. Suitable habitat does not occur within the southern torrent and seepages, or within splash zone or on CMA. salamander G3G4/S2S3 moss-covered rock within trickling water. Coastal redwood, Douglas-fir, mixed conifer,

Ma-le’l Dunes CMA 53 Revised IS/EA March 2008 Amphibian Species Status* Habitat Characteristics Potential for Occurrence at the CMA montane hardwood-conifer habitats.

Reptile Species Status* Habitat Characteristics Potential for Occurrence at the CMA

Emys (=Clemmys) CSC Ponds, marshes, rivers, streams and irrigation Moderate Potential. Along the north coast of California, Exhibit 3: CEQADocumentation marmorata marmorata ditches with aquatic vegetation. They need the Northwestern pond turtle is sparsely distributed, G3G4T3/S3 basking sites and suitable upland habitat mainly at ponds in the interior. However, they are known northwestern pond turtle (sandy banks or grassy open fields) for egg- to occur in semi-permanently inundated woody dune laying. hollows in Manila and freshwater/riparian swamp within the CMA contains suitable habitat.

Bird Species Status* Habitat Characteristics Potential for Occurrence at the CMA Accipiter cooperi CSC Generally inhabits open, interrupted or Present. Migrating and wintering birds use riparian and marginal woodlands. Nest sites are primarily woodland habitats in around the CMA. Coniferous forest cooper’s hawk G5/S3 found in riparian growths of deciduous trees on site provides potential breeding habitat and breeding (nesting*) such as those found in canyon bottoms on river has been confirmed in the Ma-le’l area during the course flood plains. They are also found in live oaks. of breeding bird survey efforts (Hunter et al. 2005).

Ma-le’l Dunes CMA 54 Revised IS/EA March 2008 Bird Species Status* Habitat Characteristics Potential for Occurrence at the CMA Accipiter striatus CSC Sharp-shinned hawk occupies Ponderosa pine, High Potential. While nesting sharp-shinned hawks are black oak, riparian deciduous, mixed conifer uncommon in the Humboldt Bay region they have been sharp-shinned hawk G5/S3 and Jeffrey pine habitats. North-facing slopes documented and banded in the summer at the adjacent (nesting*) with plucking perches are critical requirements. Lanphere Dunes. Coniferous forest habitats within the Generally nests within 275 feet of water. CMA could potentially provide habitat for wintering or migrant birds.

Ardea alba G5/S4 Great egret is a colonial nester in large trees. Present (non-breeding). A local resident and breeder,

Rookery sites are located near marshes, tide great egret is common in the Humboldt Bay region, Exhibit 3: CEQADocumentation great egret flats, irrigated pastures and margins of rivers including the CMA. The largest multi-species heron and (rookery**) and lakes. egret rookery site in northwestern California is located within Humboldt Bay on Indian Island approximately 2.5 miles southeast of the CMA (Harris 1996, Hunter et al. 2005). Compared with other species breeding at the Indian Island rookery, great egret nests in the highest density.

Ardea herodias G5/S4 Great blue heron is a colonial nester in tall Present (non-breeding). A local resident and breeder, trees, cliffsides and sequestered locations on great blue heron is common in the Humboldt Bay region, great blue heron marshes. Rookery sites are located in close including the CMA. The largest multi-species heron and (rookery**) proximity to foraging areas: marshes, lake egret rookery site in northwestern California is located margins, tide flats, rivers, streams and wet within Humboldt Bay on Indian Island approximately 2.5 meadows. miles southeast of the CMA (Harris 1996, Hunter et al. 2005).

Ma-le’l Dunes CMA 55 Revised IS/EA March 2008 Bird Species Status* Habitat Characteristics Potential for Occurrence at the CMA

Asio flammeus CSC Found in swamp lands, both fresh and salt, High Potential (non-nesting). Short-eared owls are lowland meadows and irrigated alfalfa fields. migrant and winter visitors and accidental breeders in short-eared owl G5/S3 Tule patches or tall grass are needed for northwestern California. Some of the salt marsh within (nesting*) nesting and daytime seclusion. Nests on dry the CMA provides suitable habitat for this species. They ground in a depression concealed in are known to occur in the Mad River Slough Wildlife vegetation. Area just east of the Mad River Slough adjacent to the CMA, in the dunes and adjacent pasture in the Lanphere Dunes, at Eel River Wildlife a and tidelands of the Eel

River estuary, at Centerville approximately 20 miles Exhibit 3: CEQADocumentation south of the CMA, Fay Slough approximately 4 miles southeast of the CMA (Harris 1996, Hunter et al. 2005) and were observed recently on the south spit of Humboldt Bay approximately 18 miles south of the CMA (S. McAllister, pers. obs.). Chaetura vauxi CSC Vaux’s swift occurs in redwood, Douglas fir and High Potential. Coniferous forest and the riparian areas other coniferous forests. Nesting is often in within the CMA serve as potential habitat for Vaux's Vaux's swift G5/S3 flocks and takes place in large hollow trees and swifts and they have been documented in riparian (nesting*) snags. Vaux’s Swift forages over most terrains habitat at Lanphere, just north of the CMA (A. Pickart, and habitats but shows a preference for pers. obs.). foraging over rivers and lakes.

Ma-le’l Dunes CMA 56 Revised IS/EA March 2008 Bird Species Status* Habitat Characteristics Potential for Occurrence at the CMA Charadrius alexandrinus FT The federal listing applies only to the Pacific Moderate Potential. Beach habitat along the North Spit nivosus coastal population. Western snowy plover of Humboldt Bay within and adjacent to the CMA does G4T3/S2 inhabits sandy beaches, salt pond levees and not appear to support nesting snowy plovers. However, western snowy plover shores of large alkali lakes. In Northern the back dunes of the CMA do provide suitable breeding (nesting/coastal California, breeding and wintering occurs along habitat for plovers. Breeding season surveys of the population***) ocean beaches (including back dunes) and North Spit, conducted approximately once monthly since gravel bars of the Eel River (Colwell et al. 1997, have yielded negative results for snowy plover 2002). Sand, gravelly or friable soils and presence near the CMA. However, these monitoring

sometimes driftwood above the mean high tide efforts did not survey the backdunes of the CMA where Exhibit 3: CEQADocumentation line are necessary for nesting (LeValley 1999). plovers could breed. Additionally, the survey effort was inconsistent and not considered adequate to assume probable absence of plovers within the CMA. Circus cyaneus CSC Northern harrier inhabits coastal salt and fresh- Present. Northern harriers commonly winter and migrate water marsh. Nesting and foraging take place through and uncommonly breed and summer in coastal northern harrier G5/S3 in grasslands, from salt grass in desert sink to marshes and grasslands around Humboldt Bay including (nesting*) mountain cienagas. Nesting is on the ground in within the CMA (Harris 1996, Hunter et al. 2005). shrubby vegetation, usually at marsh edge. Nests are built of a large mound of sticks in wet areas. Dendroica petechia CSC Yellow warbler occurs in conjunction with Present. Likely to occur within the willow dominated brewsteri riparian-associated plants and prefers willows, dune swales, freshwater/riparian swamps and potentially G5T3?/S2 cottonwoods, aspens, sycamores and alders within the coniferous forest within the CMA during Yellow warbler for nesting and foraging. Nesting also occurs in migration but not known to breed there (Hunter et al. (nesting*) montane shrubbery in open coniferous forests. 2005).

Ma-le’l Dunes CMA 57 Revised IS/EA March 2008 Bird Species Status* Habitat Characteristics Potential for Occurrence at the CMA

Egretta thula G5/S4 Snowy egret is a colonial nester with nest sited Present (non-breeding). A local resident and breeder, situated in protected beds of tense tules. snowy egret is common in the Humboldt Bay region, snowy egret Rookery sites are typically situated close to including the CMA. The largest multi-species heron and (rookery**) foraging areas such as marshes, tidal flats, egret rookery site in northwestern California is located streams wet meadows and borders of lakes. within Humboldt Bay on Indian Island approximately 2.5 miles southeast of the CMA (Harris 1996). Elanus leucurus CFP White-tailed kite occurs in rolling foothills and Present. Common within the coastal lowland agricultural

valley margins with scattered oaks and river fields and wetland areas of the Mad River floodplain east Exhibit 3: CEQADocumentation white-tailed kite G5/S3 bottomlands or marshes next to deciduous of the CMA. White tailed kite is known to occur within the (nesting*) woodland. Open grasslands, meadows or project area and breeding has been confirmed in marshes are used for foraging close to isolated, breeding bird atlas survey blocks that include the CMA dense-topped trees for nesting and perching. (Hunter et al. 2005). Empidonax traillii SE Willow flycatcher inhabits extensive thickets of Moderate Potential. Migrant willow flycatchers may be low, dense willows on the edges of wet found in dune swales and limited willow habitats within willow flycatcher G5/S1S2 meadows, ponds or backwaters at elevations the CMA. Willow flycatchers have been documented as (nesting*) between 2000 and 8000 feet. They require migrants in the Lanphere dunes region. Although dense willow thickets for nesting and roosting. potentially suitable willow-dominated habitat is present; Low, exposed branches are used for singing breeding within the CMA is unlikely as summering by posts and hunting perches. willow flycatcher in Humboldt County is believed to be a rare and localized phenomenon and has not been reported from the project region (Hunter et al. 2005). Falco columbarius CSC Merlin inhabits the seacoast, tidal estuaries, Present. In northwestern California, merlin is an open woodlands, savannahs, grassland edges, uncommon migrant and winter visitor and appears each merlin G5/S3 deserts and farm and ranch lands. Clumps of fall in the open lowlands along the coast such as those (wintering****) trees or windbreaks are required for roosting in present within and adjacent to the CMA (Harris 1996, open country. Hunter et al. 2005).

Ma-le’l Dunes CMA 58 Revised IS/EA March 2008 Bird Species Status* Habitat Characteristics Potential for Occurrence at the CMA Falco peregrinus CFP Peregrine falcon occurs near wetlands, lakes, Present. Suitable coastal lowland habitats supporting rivers or other water on cliffs, banks, dunes, shorebirds and other waterbirds upon which peregrine peregrine falcon G4T3/S2 mounds and human-made structures. Nests falcons feed are present within the CMA. Peregrines (nesting*) consist of a scrape on a depression or ledge in also forage in Humboldt Bay east of the CMA. Nesting an open site. has been suspected, but not confirmed at the Samoa Bridge approximately 3 miles southeast of the CMA. Haliaeetus FT, SE Bald eagle inhabits the ocean shore, lake Low Potential. Bald eagle nesting habitat does not

leucocephalus margins and rivers for both nesting and occur within the CMA although during winter occasional Exhibit 3: CEQADocumentation CFP wintering. Most nests are within 1 mile of water. bald eagles forage along the margins of Humboldt Bay bald eagle G5/S2 Nesting takes place in large old growth or near the CMA (nesting* & wintering****) dominant live trees with open branches, especially Ponderosa pine. Bald eagle roosts communally in winter. Numenius americanus CSC Long-billed curlew breeds in upland short grass Moderate Potential. Long-billed curlew is present in prairies and wet meadows in northeastern Humboldt Bay near the CMA during winter and migration long-billed curlew G5/S2 California. Habitats on gravelly soils and gently periods. Long-billed curlews use the beach habitat in the (nesting*) rolling terrain are favored over others. Lanphere Dunes, north of the CMA, while foraging.

Nycitcorax nycticorax G5/S3 Black-crowned night heron is a colonial nester, Present. Black-crowned night heron is a common local usually in trees, occasionally in tule patches. resident and breeder in coastal lowlands (Harris 1996). It black-crowned night- Rookery sites are located adjacent to foraging is known to breed and roost at a number of sites within heron areas: lake margins, mud-bordered bays and lowlands of the Mad River and around Humboldt Bay, (rookery**) marshy locations. likely including sites within the CMA. Breeding is also known to occur within the multi-species heron and egret rookery on Indian Island approximately 2.5 miles southeast of the CMA (Harris 1996).

Ma-le’l Dunes CMA 59 Revised IS/EA March 2008 Bird Species Status* Habitat Characteristics Potential for Occurrence at the CMA

Pandion haliaetus CSC Osprey occurs along the ocean shore, bays, Present. Ospreys forage in the ocean adjacent to the freshwater lakes and larger streams. Large CMA and in Humboldt Bay. An active osprey nest is osprey G5/S3 nests are built in tree tops within 15 miles of a known on Ma-le’l North. (nesting*) good fish-producing body of water. Poecile atricapilla CSC Black-capped chickadee inhabits riparian Present. Occurs throughout the CMA in coniferous woodlands in Del Norte and northern Humboldt forest, woody dune swales, freshwater/riparian marsh black-capped chickadee G5T2T3/S1 counties. The species is primarily found in and thickets. Also likely in adjacent suburban habitats.

deciduous tree types, especially willows and Exhibit 3: CEQADocumentation alders, along large or small watercourses.

Pelecanus occidentalis FE, SE, California brown pelican is a colonial nester on Present. Brown pelican uses the near-shore Pacific californicus CFP coastal islands just outside the surf line. Ocean west of the CMA and may occasionally use the Nesting occurs on coastal islands of small to beach and coastal promontories for day-roost sites. California brown pelican G4T3/S2? moderate size which afford immunity from Pelicans also use Humboldt Bay east of the CMA (nesting* colony) attack by ground-dwelling predators. extensively for foraging, loafing and roosting habitat. No nesting sites are known north of Monterey Bay.

Phalacrocorax auritus CSC Double-crested cormorant is a colonial nester Present (non-nesting). Present locally year-round, on coastal cliffs, offshore islands and along double-crested Cormorant breeds on pilings in Humboldt double-crested G5/S3 lake margins in the interior of the state. The Bay near the Old Arcata Wharf, approximately 3 miles cormorant species nests along the coast on sequestered southeast of the CMA, forage in Humboldt Bay and also (rookery** site) islets, usually on ground with a sloping surface in the ocean adjacent to CMA, and roost on pilings along or in tall trees along lake margins. the bay shore. Progne subis CSC Purple martin inhabits woodlands, low elevation High Potential. Suitable habitat for purple martins is coniferous forest of Douglas fir, Ponderosa present in and around the CMA. Breeding could occur purple martin G5/S3 pine and Monterey pine. Nesting occurs but has not been documented, and in Humboldt County (nesting*) primarily in old woodpecker cavities mostly but appears to be somewhat removed from the immediate can also take place within human-made coast (Hunter et al. 2005). However, purple martins have structures. Nests are often located in tall, been documented in the forest habitat in the adjacent isolated trees and snags. Lanphere Dunes.

Ma-le’l Dunes CMA 60 Revised IS/EA March 2008 Bird Species Status* Habitat Characteristics Potential for Occurrence at the CMA Rallus longirostris levipes FE, SE, California clapper rail inhabits salt water and Not Present. Although this species reportedly formerly California clapper rail CSC brackish marshes traversed by tidal sloughs in occurred at Humboldt Bay (known from 1 old specimen), the vicinity of the San Francisco Bay. This and other California sites, it is not expected to occur in G5T1/S1 species is associated with abundant growths of northwestern California at present (Harris 1996, Hunter pickleweed but feeds away from cover on et al. 2005). An unverified nesting report exists from Mad invertebrates from mud-bottomed sloughs. River Slough (Burton 1972 in Hunter et al. 2005). Riparia riparia ST Bank swallow is a colonial nester, nesting Low Potential. No breeding habitat for bank swallows is

primarily in riparian and other lowland habitats present in or near the CMA Although rare migrants could Exhibit 3: CEQADocumentation bank swallow G5/S2S3 west of the desert. Vertical banks or cliffs with potentially use the area for foraging and a vagrant has (nesting*) fine textured, sandy soils to dig a nesting hole been reported from the adjacent Lanphere Dunes. near streams, rivers, lakes or the ocean are required. Sterna elegans CSC There are only 3 known breeding colonies of High Potential. Elegant tern is a fall visitor to elegant tern: San Diego Bay, Los Angeles northwestern California and frequents the bay shore elegant tern G2/S1 Harbor and Bolsa Chica Ecological Reserve. along the North Spit of Humboldt Bay including the CMA. (nesting* colony) Elegant tern nests on open, sandy, undisturbed Nesting is highly unlikely. beaches and on salt-evaporating pond dikes (San Diego) in association with Caspian tern.

Mammal Species Status* Habitat Characteristics Potential for Occurrence at the CMA Arborimus albipes CSC White-footed vole inhabits mature coastal Present. White-footed vole is known from the project forests in Humboldt and Del Norte counties. vicinity. A CNDDB occurrence record exists for an area white-footed vole G3G4/S2S3 Areas near small, clear streams with dense west of the Mad River Slough, approximately 2.5 miles alders and shrubs are preferred. White-footed south-southwest of Tyee City. This occurrence is just north vole occupies the habitat from the ground of the CMA in beach pine forest. surface to the canopy and feeds in all layers.

Ma-le’l Dunes CMA 61 Revised IS/EA March 2008 Mammal Species Status* Habitat Characteristics Potential for Occurrence at the CMA Nesting takes place on the ground under logs or rocks.

Arborimus pomo FSC, CSC Sonoma tree vole occurs along the north coast Low Potential. Although red tree vole is known from fog belt from Oregon border to Sonoma County coastal sites, sufficient suitable Douglas fir habitat is Sonoma tree vole G3/S3 in Douglas fir, redwood and montane unlikely within the CMA. hardwood-conifer forests. The species feeds almost exclusively on Douglas fir needs but will

occasionally take needles of grand fir, hemlock Exhibit 3: CEQADocumentation or spruce. Martes americana CSC Occurs only in the coastal redwood zone from Not Present. Suitable habitat for Humboldt marten does humboldtensis the Oregon border south to Sonoma County not occur within the CMA. G5T2T3/S2 associated with late-successional coniferous Humboldt marten S3 forests. Forests with low overhead cover are preferred. Myotis evotis G5/S4? Found in all brush, woodland and forest Not Present. Suitable habitat for Humboldt marten does habitats from sea level to about 9000 feet. not occur within the CMA. Long-eared myotis Prefers coniferous woodlands and forests. Nursery colonies are typically in buildings, crevices, spaces under bark. Snags and caves are used primarily as night roosts. Note: This list was compiled from a search of the Eureka, Arcata North, Arcata South, Tyee City, Fields Landing, Cannibal Island, and McWhinney Creek 7.5 minute USGS quadrangles of the California Department of Fish and Game Natural Diversity Data Base (CNDDB 2006) and California Native Plant Society on-line inventory (CNPS 2006), and an assessment of the habitats present within the CMA by Mad River Biologists. Key to status codes:

CFP: CDFG Fully Protected Animal FSC: Federal Species of Concern CLS: California Lichen Society “Red List” SE: State Endangered CSC: CDFG Species of Special Concern ST: State Threatened

Ma-le’l Dunes CMA 62 Revised IS/EA March 2008 FE: Federal Endangered * Listing refers only to the nesting population. FT: Federal Threatened ** Listing applies only to rookery sites. *** Listing applies only to the coastal breeding population. **** Listing applies only to the wintering population.

Exhibit 3: CEQADocumentation

Ma-le’l Dunes CMA 63 Revised IS/EA March 2008 Page intentionally left blank. Exhibit 3: CEQADocumentation

Ma-le’l Dunes CMA 64 Revised IS/EA March 2008 Exhibit 3: CEQA Documentation

Threatened, Endangered and Special Status Plants The following discussion of threatened, endangered and special status plants is based on information provided by CMA resource managers from the BLM (Ma-le’l South) and the USFWS (Ma-le’l North), and occurrence records inventoried in the California Natural Diversity Database (CNDDB 2006) and California Native Plant Society On-line Inventory of Rare, Threatened and Endangered Plants of California (CNPS 2006). The locations of special status plants documented within the CMA are illustrated in Figure 6. Figure 7 illustrates federally listed plant species within the CMA. Two federal and state-listed endangered plants are known to occur within the nearshore dunes of the CMA, Humboldt Bay wallflower (Eryisimum menziesii spp. eurekense) and beach layia (Layia carnosa). Detailed information regarding the distribution and size of the wallflower and beach layia colonies located within the CMA in respect to their range wide distribution and population size is provided in the Biological Assessment for the Ma-le’l Dunes Cooperative Management Area Public Access Plan (Appendix A), and summarized below. Other special status plants known to occur within the nearshore dunes of the CMA include pink sand verbena (Abronia umbellata ssp. breviflora), dark- eyed gilia (Gilia millefoliata), and American glehnia (Glehnia littoralis ssp. leiocarpa). Estuarine habitats (salt and brackish marsh) associated with the Mad River Slough are known to support Humboldt Bay owl’s-clover (Castilleja ambigua ssp. humboldtiensis), Point Reyes bird’s-beak (Cordylanthus maritimus ssp. palustris), Lyngbye’s sedge (Carex lyngbyei) and sea watch (Angelica lucida). No other threatened, endangered or special status plants are presently known to occur within the CMA; however consideration is given to a number of non-listed, but locally rare plants that warrant recognition and protection under the proposed public access plan. Humboldt Bay wallflower (Erysimum menziesii ssp. eurekense) was listed as endangered under the Federal ESA in March of 1992, and is included in the 1998 Recovery Plan for Seven Coastal Plants and the Myrtle’s Silverspot Butterfly (USFWS 1998). It is one of four subspecies of Menzies’ wallflower (Erysimum menziesii), three of which are federally recognized as endangered with a collective distribution over three coastal dune systems in Humboldt, Mendocino, and Monterey counties. Humboldt Bay wallflower is a local endemic, restricted to the nearshore dunes around Humboldt Bay where it grows primarily on the flanks and crests of dunes ridges in the dune mat community. The wallflower is also known to occur in suboptimal habitats such as open sandy areas and on the borders of lupine scrub and herbaceous swales. It is not usually found growing in dense vegetation where invasive species are dominant.

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CMA boundary lines represent lands owned by BLM and USFWS. The project area under review for the purposes of compliance with CEQA and NEPA includes the mainland properties only, and does not include the salt marsh islands owned by USFWS. The future uses of the salt marsh islands will be evaluated through the separate Federal CCP process underway by USFWS.

Figure 7. Federally Listed Plant Species of the Ma-le’l Dunes CMA

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Humboldt Bay Wallflower is a member of the mustard family (Brassicaceae). Its life history is that of a semelparous (monocarpic) perennial, meaning that it flowers and produces fruit only once during its life, after which, it dies. The wallflower forms a basal rosette of leaves that may persist for up to eight years before flowering. Blooming typically occurs from March through April, although it may begin as early as late February. The fruits mature by mid-June. The seeds remain attached to the fruit walls after dehiscence, and disperse over a long period, primarily in conjunction with winter storm events that dislodge the mature inflorescences and scatter them by way of a tumbling action (Pickart and Sawyer 1998). Fecundity is high, with individual plants producing numerous seed; however, the wallflower does not have a persistent seed bank (Carothers 1996) and seedling survivorship is low, with 98.3% mortality shown to occur in the first year (Pickart and Sawyer 1998). ). Reproduction may also be hindered by infestation of Albugo canadensis, an endemic fungal pathogen that causes white rust disease in the local subspecies. Disease symptoms are more prevalent on reproductive individuals, where they can decrease fecundity by reducing seed number or viability (Pickart & Sawyer 1998). A primary threat to Humboldt Bay wallflower at the Ma’le-l Dunes CMA is displacement from invasive non-native species, particularly European beachgrass, yellow bush lupine, ice plant, and jubata grass (Cortaderia jubata). Management strategies for the recovery of the wallflower have focused primarily on control and eradication of these species. Other conceivable threats to the wallflower within the Ma’le-l Dunes CMA include actions that cause habitat degradation and destruction or mortality of individual plants, such as facility development, vehicle trespass, episodic and high intensity use by pedestrians or horses, and wildlife predation and disease (BLM 2004b). Population and Distribution The Recovery Plan written in 1998 described six extant occurrences of Humboldt Bay wallflower, with an estimated population size of 18,800 individuals occupying approximately 2,235.7 acres. More than 98% of the population occurred on the North Spit on public property managed by the USFWS or the BLM, and were therefore afforded protection under the federal ESA (USFWS 1998). The South Spit colony occurring on private land owned by Texaco was reported to have 178 plants in 1991 and only 75 plants in 1998 (USFWS 1998). More recent survey efforts place the population size higher than estimates reported in the Recovery Plan. In 1989, Andre and Sawyer sampled wallflowers larger than 3 cm (1.2 in) in diameter on the North Spit, and estimated the population at 20,657 plants ± 2,344 (95% confidence intervals) (Pickart & Sawyer 1998). Nine years later (1998), the Nature Conservancy re-sampled the North Spit population using the same methods and found that the population had increased to 29,657 (±5,263), but noted that the increase was not consistent among all North Spit colonies, some of which had declined (Pickart & Sawyer 1998). The North Spit has had a considerable amount of restoration work and invasive plant removal since 1988, which is thought to be correlated to the increase in wallflowers. Also in 1998, a previously undocumented colony of wallflower was discovered on the Elk River Spit, a census conducted in 2000 revealed a population total of 3,782 plants

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over 2 cm in diameter, of which 13% were reproductive; and a total of 6,066 plants < 2 cm in diameter (USFWS unpublished data). In 2002, the USFWS re-surveyed the South Spit colony and found a total of 133 individuals (excluding small rosettes less than 2 cm in diameter), of which 32 percent were reproductive. By 2006, the South Spit colony had increased to 457 plants (excluding small rosettes) of which 33 percent were reproductive (Clifford 2006). This increase is attributed to the caging of flowering individuals, which were being grazed by deer. Population and Distribution within Action Area In 2006, the USFWS completed a third population-wide survey for Humboldt Bay wallflower; however, population size data will not be available before completion of the Ma-le’l Dunes Coastal Access Plan Biological Assessment. The current (2006) distribution of the wallflower was provided and mapped for the CMA as shown in Figure 4. Preliminary observations indicate that the population has increased in range and probably in size (pers. comm. Andrea Pickart). Between 2003 and 2005, the Center for Natural Lands Management (CNLM) served as a liaison for the acquisition and transfer of the Fernstrom-Root parcel and the two former Khoaghali and Buggy Club parcels from private ownership to the USFWS and the BLM. In 2004, CNLM surveyed and mapped the population of Humboldt Bay wallflower within what is now referred to as Ma-le’l North. CNLM estimated the population within two macroplots (representing close to the total population) at 1,040 wallflowers with a 95% confidence interval of ± 297 individuals (USFWS unpublished data in EDAW 2005). The BLM reports that in 1997 the 112-acre Manila Dunes ACEC had approximately 500 individuals of wallflower with a standard error of about 55 (BLM 2004b). Most of the wallflower was found in the north half of the property, and no wallflower has been seen within BLM’s newly acquired, 42-acre parcel Khoaghali parcel as of 2006. Based on the 1997 population-wide survey, the wallflower at the Ma-le’l Dunes CMA (using the most recently available sampling data from CNLM, BLM, and USFWS) represents approximately 5.1% of the entire population of Humboldt Bay wallflower, and 5.2% of the North Spit population. Beach layia (Layia carnosa) was listed as endangered under the federal ESA in March of 1992, and is included in the 1998 Recovery Plan for Seven Coastal Plants and the Myrtle’s Silverspot Butterfly (USFWS 1998). This species is found in coastal dune systems from Vandenberg Air Force Base in Santa Barbara County north to Freshwater Lagoon in Humboldt County (CNDDB 2006). It occurs in greatest abundance in Humboldt County, and in particular, on the North Spit of Humboldt Bay (USFWS 1998). In the Humboldt Bay dunes, beach layia is found primarily on nearshore dunes in the dune mat community. It occurs in lower densities along margins of lupine scrub, herbaceous hollows, and open areas with moving sand. It is also known to tolerate disturbed and gravelly soils along roadsides, vehicle trails and footpaths (Duebendorfer 1992). Beach layia readily colonizes newly created bare sand areas, and is resilient to disturbance, however, it does not tolerate competition with other plants and does not establish in areas where there is high cover of native or non-native plants.

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Beach layia is an annual herb that belongs to the sunflower family (Asteraceae). It germinates in mid-winter during the rainy season and typically blooms from March to May, completing its life cycle by late spring. Seeds are dispersed mostly by wind in late spring and summer. The number of seed-heads produced by individual plants varies in relation to plant size. Short, unbranched, erect plants growing on dry, exposed sites may produce only a single head, whereas taller, highly branched individuals found in moist dune swales may produce as many as 100 seed heads (USFWS 1998). Loss of habitat due to coastal development, encroachment of non-native plant species, and trampling by vehicles and pedestrians are all factors that contribute to the decline in numbers of this species. Beach layia is most susceptible to trampling effects during its growing season from mid-winter to late spring. However, a certain amount of disturbance during the off season may favor beach layia by opening up areas for colonization (Botanica Northwest Associates 1992). Distribution and Population Size Beach layia is currently known from approximately 20 occurrences over eight dune systems (representing approximately 1,390 acres) between Humboldt County and Santa Barbara County. The largest population reportedly occurs on the North Spit of Humboldt Bay. Five historical occurrences in San Francisco, Monterey, and Humboldt counties are believed to have been extirpated (USFWS 1998). The population distribution of beach layia does not lend itself well to the CNDDB definition of “occurrences.” There is a disjunct occurrence at Freshwater Lagoon (Redwood National Park; less than one acre). Beach layia then occurs in a patchy fashion along a semi-continuous corridor from Mad River Park south to the Samoa Dunes Recreation Area, on a combination of private, NGO, local, state, and federal government properties. Populations continue along the South Spit (BLM managed), Eel River Wildlife Area (Department of Fish and Game), and the vicinity of McNutt Gulch and the mouth of the Mattole River (private and BLM). The following distributional information for Marin, San Francisco, Monterey, and Santa Barbara counties is taken from the Recovery Plan, dating from the 1990s (no updated information is available (USFWS 1998): The Marin County occurrences are located in the dunes between Kehoe Beach Dunes and Point Reyes lighthouse at Point Reyes National Seashore. Surveys by California Native Plant Society (CNPS) volunteers have recorded thirteen colonies along the dune complex at Point Reyes. An occurrence in Golden Gate Park on the San Francisco Peninsula has been extirpated since 1904. The Monterey Peninsula dune system had four occurrences, although the Point Pinos site is thought to have been extirpated. After it had been reported as extirpated, an occurrence at Asilomar State Beach was rediscovered following the removal of iceplant. Additional occurrences have been discovered on neighboring private property. Two beach layia occurrences exist on north Spyglass Hill and on the nearby Spyglass Hill dunes. In April 1995, David Keil rediscovered a small occurrence (80 plants) of beach layia on Vandenberg Air Force Base, Santa Barbara County. During a subsequent visit to the site an additional 200 individuals were discovered closer to the ocean bluffs. The total range wide population size of beach layia is estimated in the Recovery Plan at 300,000 individuals. This estimate was acquired mostly from informal estimates of populations made across the range prior to 1998, and it did not include an estimated

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19,400 plants documented in 1993 from the Eel River Wildlife Area, or the population at the Lanphere Dunes that had been estimated at +/- one million. The historical data is considered of limited value due to large annual fluctuations in both population size and local distribution, and the frequent underestimation of population size in small annual species such as beach layia. A 1992 pilot study of field sampling methods conducted by Botanica Northwest found an estimated 2.5 million individuals ± 750,000 on the North Spit (Botanica Northwest Associates 1992). The 2005 sample of beach layia at the Lanphere Dunes Unit estimated at total of 1.5 million plants +/- 320,000 (USFWS unpublished data). A statistical protocol was also implemented by the BLM and USFWS in May 2003 to estimate the beach layia population on the South Spit of Humboldt Bay. That data has not yet been fully analyzed, but preliminary analysis suggests the total South Spit population may exceed 5 million plants (unpublished data on file, BLM Arcata), further suggesting that the summary of occurrence data in the Recovery Plan may grossly underestimate the true range wide population of beach layia. Redwood National Park personnel estimated the beach layia population at Freshwater Spit in 2003 at just over 11,000 plants (Redwood National Park 2003 in USFWS) Based on these estimates, the total number of beach layia occurring around Humboldt Bay and Redwood National Park likely exceeds 5 to 6 million. Population estimates for sites located south of Humboldt County are not available. Population and Distribution within Action Area Beach layia was surveyed and mapped by CNLM in May 2004 at Ma-le’l North, where it was found to occupy approximately 6.4-acres (Figure 4). Density was estimated at 3.8 individuals/m2 ± 1.3 (95% confidence interval) by sampling a single, 0.6-acre macroplot (USFWS unpublished data in EDAW 2004). The BLM reports that beach layia is abundant throughout the dunes of Ma-le’l South, and is increasing where invasive weed eradication efforts have occurred. Completion of invasive weed eradication over the nearshore dunes of the newly acquired, 42-acre former Khoaghali parcel is expected to boost beach layia density and distribution on about 10 acres (BLM 2004b). Ongoing restoration at Ma-le’l North is also expected to result in increased population of beach layia at that site. Pink sand verbena (Abronia umbellata ssp. breviflora) is on List 1B of the CNPS inventory as endangered in a portion of its range, endemic to California, and distributed in a limited number of occurrences. Currently, pink sand verbena is not listed as endangered by the State of California or the federal government. Threats to this species include stabilization of the sand dunes by European beachgrass and other non-native species, loss of habitat to development, and vehicle disturbance. Pink sand verbena is a member of the four-o’clock family (Nyctaginaceae). It is an annual or a short-lived perennial that forms a small taproot; it has been suggested that it may exhibit different growth strategies under different environmental conditions (Roberts 1994). Pink sand verbena blooms July through September (CNPS 2006). It is morphologically similar to a closely related species, yellow sand verbena (Abronia latifolia), which is abundant on the North Spit. Unlike pink sand verbena, yellow sand verbena is a long-lived perennial that forms an extensive root system with a large taproot

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and many lateral roots. The preferred habitat for pink sand verbena is dune mat and the upper beach, but it also occurs on open sandy bay edges, and river mouths. Associated species include yellow sand verbena (Abrona latifolia), beach pea (Lathyrus littoralis), dunegrass (Leymus mollis), European beachgrass (Ammophila arenaria), sea rocket (Cakile maritima) and beach bursage (Ambrosia chamissonis) (Vrilakas 1988). The nearshore dunes of Ma-le’l South and Ma-le’l North provide suitable habitat for this species, although currently it is only known from two small occurrences west of the proposed Latkak Trail in Ma-le’l South (Figure 6). Dark-eyed gilia (Gilia millefoliata) is on List 1B of the CNPS inventory as endangered in a portion of its range, rare outside California, and distributed in a limited number of occurrences. Currently, dark-eyed gilia is not listed as endangered by the State of California or the federal government. It occurs from southern Oregon to Marin County in California. Threats to this species include stabilization of the sand dunes by European beachgrass and other non-native species, loss of habitat to development, grazing, and vehicle and foot traffic. Dark-eyed gilia is a member of the phlox family (Polemoniaceae). It is an annual herb that typically blooms between April and July (CNPS 2006). It is a small (less than 30 cm tall), densely glandular plant with a “skunk-like odor” (Hickman 1993) that forms a basal rosette of 1-2-pinnately lobed leaves. It produces clusters of two to six small flowers in the axils of bracts. It is described in the CNDDB (2006) as occurring in coastal habitats between 0 and 32 feet in elevation. Native associates include dune mat species such as yellow sand verbena, beach pea, beach layia, dune knotweed (Polygonum paronychia) and seashore bluegrass. Dark-eyed gilia has been documented in the nearshore dunes at Ma-le’l South by the BLM. It has been documented but not mapped at Ma-le’l North. American Glehnia (Glehnia littoralis ssp. leiocarpa) is a CNPS list 4 species. Plants on this list are of limited distribution or infrequent throughout a broader area in California. They are not currently considered endangered or “rare” but they are uncommon enough that monitoring is warranted. This species is known to occur from Mendocino County in California north into Washington on coastal dunes. Like many of the other sensitive dune plants, threats to this species include stabilization of the sand dunes by European beachgrass and other non-native species, loss of habitat to development, grazing, and vehicle and foot traffic. American glehnia is a perennial herb of the Carrot Family (Apiaceae). It is a low growing, prostrate plant with fleshy, divided (1-2- ternate or ternate-pinnate) leaves. It blooms between May and August, producing a stout, compound umbel of small white flowers. Occurrences of American glehnia within the CMA have been documented but not mapped. Suitable habitat includes the nearshore dunes of the CMA. Two individuals were identified at Ma-le’l North in the spring of 2006 during a site visit to the CMA (pers. obs. S. Morrissette, Mad River Biologists). Additionally, it grows on the Fernstrom Root parcel (pers. comm. Andrea Pickart 9/7/06).

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Humboldt Bay owl’s-clover (Castilleja ambigua ssp. humboldtiensis) is a CNPS List 1B species. It is endemic to California and considered endangered in a portion of its range and of limited distribution. Habitat for this species has been much reduced due to coastal development. Threats to this species are largely from coastal development; locally this pertains to the loss of salt marsh habitat over the last century from the reclamation of approximately 85% of the historic tidelands within Humboldt Bay for agriculture, as well as urban and residential development (Eicher 1987, Shapiro and Associates 1980). Other threats include encroachment of non-native plants, foot traffic and cattle grazing and trampling. Humboldt Bay owl’s-clover is an annual, herbaceous member of the figwort family (Scrophulariaceae). It is considered a hemiparasite, which refers to its ability to parasitize other plant species by means of haustoria that are essentially modified roots capable of penetrating and absorbing material from host plant tissue. Optimal habitat for this species is the high salt marsh habitat at elevations between 7.7 -8.4 feet MLLW (Eicher 1987). It occurs locally on island and mainland salt marshes around Humboldt Bay, from the mouth of the Eel River to the mouth of the Mad River (Newton 1985). Specific habitat for Humboldt Bay owl’s-clover is the mixed marsh subtype of salt marsh described by Eicher (1987). The mixed marsh habitat is considered the most diverse marsh type in Humboldt Bay in terms of total number of species. It generally grows in open areas within low-growing vegetation such as pickleweed (Salicornia virginica), jaumea (Jaumea carnosa), saltgrass (Distichlis spicata), sea lavender (Limonium californicum), and arrowgrass (Triglochin maritima and T. concinna). Locally, Humboldt Bay owl’s- clover reaches its peak blooming period between May and mid-June, and then withers rapidly after setting seed, generally from mid June to early July. Humboldt Bay owl’s-clover occurs on mainland and island salt marsh habitats of the Mad River Slough. On the mainland of the CMA, the owl’s-clover grows in the salt marsh at the end of the railroad berm trail in the vicinity of the proposed boat landing at Ma-le’l North. Point Reyes bird’s-beak (Cordylanthus maritimus ssp. palustris) is also a CNPS List 1B species of limited distribution, and is considered rare outside of California. Like Humboldt Bay owl’s-clover, Point Reyes bird’s-beak is an annual, hemiparisitic species of the figwort family that grows in high salt marsh habitats. It has a wider geographic range than the owl’s-clover, occurring from Morro Bay, California to Coos Bay, Oregon. It is often found growing in association with Humboldt Bay owl’s-clover, however Point Reyes bird’s-beak is more common at slightly lower elevations (7.2-7.7 MLLW) (Eicher 1987). Locally, the peak blooming period for Point Reyes bird’s-beak is mid-June through July. Like Humboldt Bay owl’s-clover, Point Reyes bird’s-beak also occurs on mainland and island salt marsh habitats of the Mad River Slough where the two often overlap. The majority of the bird’s-beak within the CMA is found on island marshes, but small occurrences have been mapped on the mainland at Ma-le’l North. Lyngbye’s sedge (Carex lyngbyei) is a clonal, halophytic (salt tolerant), perennial sedge of the carex family (Cyperaceae). Its historical distribution is Iceland and the North Pacific coasts of America and Asia (Cayouette 1986). Mason (1957) describes its

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distribution in California as in marshes near the coast in Marin, Mendocino, and Humboldt Counties. It is a CNPS list 2.2 species, and is considered fairly endangered in California but more common elsewhere. Lyngbye’s sedge is the dominant sedge in coastal brackish marshes in Oregon, Washington and Alaska. Occurrences of Lyngbye’s sedge within the Mad River Slough have not been mapped by USFWS or the BLM, however this species occurs between the upland/salt mash interface in various locations along the slough.. Sea watch (Angelica lucida) is a perennial herb of the carrot family (Apiaceae). It is a CNPS list 4 species with limited distribution that is considered fairly endangered in California. In California, it is known from Humboldt, Del Norte and Mendocino counties where is occurs in coastal bluff scrub, coastal dunes, coastal scrub, and coastal salt and brackish marshes at elevations between 0 and 150 meters. Occurrences of sea watch have not been mapped within the CMA, but the species reportedly occurs with the brackish marsh habitats at Ma-le’l North (pers. comm. Andrea Pickart October 2006).

Other Locally Rare Plants The Humboldt Bay National Wildlife Refuge Ecologist has identified a number of locally rare plants within the CMA that warrant consideration for the proposed access plan. Most of these represent herbaceous species that occur in the understory of the coniferous forest. This habitat is host to several species of orchids, as well as fungi, lichens and bryophytes. Locally uncommon occurrences of American vetch (Vicia americana), and Artemisia ludoviciana, and Calamagrostis nutkaensis occur near the proposed Railroad berm trail, and the native spear oracle (Atriplex patula) is known to occur within the salt marsh habitat at Ma-le’l North (pers. comm. Andrea Pickart 2006). The protection of these species and their associated habitats will be considered during implementation of the Ma- le’l Dunes Public Access Plan.

Endangered, Threatened and Special Status Animals The following discussion of threatened, endangered and special status animals is based on information provided by CMA resource managers from the BLM (Ma-le’l South) and the USFWS (Ma-le’l North), occurrence records inventoried in the California Natural Diversity Database (CNDDB 2006), and an independent assessment of the habitat within the CMA by Mad River Biologists. A total of 34 wildlife species have known or potential occurrence within the CMA, as discussed in the following section:

Fish Tidewater goby (Eucuclogobius newberryi) is federally listed as Endangered and is a California Species of Special Concern. Tidewater goby occurs in brackish water along the coast of California from Agua hedionda Lagoon, San Diego County to the mouth of the Smith River. Locally, tidewater goby is known from Humboldt Bay, including near the Mad River Slough and could occur within other sloughs associated with the bay (CNDDB 2006). The primary threat to this species is degradation of coastal lagoons

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through diversion of their freshwater supplies, pollution, siltation, bridge construction, and urban development of surrounding lands, and to invasion by non-native species of fish and frogs, which are potential predators of tidewater gobies. Tidewater goby has a high potential for occurrence within the portion of the Mad River Slough that meanders through the eastern edge of the CMA. Coast cutthroat trout (Oncorhynchus clarki clarki) is a California Species of Special Concern and occurs in small, low gradient coastal streams and estuaries from the Eel River in Humboldt County, California to the Oregon border. The greatest threat to this species is habitat alteration and destruction, particularly for the developing embryos and fry in small streams. The most significant cause of habitat loss is logging and its negative effects on stream environments, including increased temperatures, loss of cover, areduction in food supply and increased turbidity. Coast cutthroat trout are known to occur in Humboldt Bay which is contiguous with the Mad River slough adjoining the CMA where they have a high potential for occurrence. Coho salmon – southern Oregon/northern California ESU (Oncorhynchus kisutch) is both federally and state-listed as threatened. The federal listing refers to populations between Cape Blanco, Oregon and Punta Gorda, Humboldt County, California and the state listing refers to populations between the Oregon border and Punta Gorda, California (CNDDB 2006). Threats to this species include poor land-use practices that degrade streams, especially those related to logging and urbanization; the exacerbating effects of floods and drought; the breakdown of the genetic integrity of wild stocks through planting of hatchery fish; introduced diseases; over harvesting; and climatic change. Coho salmon are known to occur in Humboldt Bay which is contiguous with the Mad River Slough adjoining the CMA where they have a high potential for occurrence. The CMA also falls within critical habitat for the southern Oregon/northern California ESU (Rick Rogers, NOAA Fisheries, pers. comm.). Steelhead – northern California ESU (Oncorhynchus mykiss irideus) is federally listed as threatened. Steelhead of the northern California ESU include naturally spawned populations residing below impassable barriers in coastal basins from Redwood Creek, Humboldt County, south to the Gualala River, Mendocino County. The listing does not include summer-run steelhead (CNDDB 2006). Threats to this species include habitat loss and degradation. Coho salmon are known to occur in Humboldt Bay, which is contiguous with the Mad River Slough adjoining the CMA where they have a high potential for occurrence. The CMA also falls within critical habitat for the southern northern California ESU (Rick Rogers, NOAA Fisheries, pers. comm.) Chinook salmon – California coastal ESU (Oncorhynchus tshawytscha) is federally listed as threatened. Chinook Salmon of the California coastal ESU includes wild spawned, coastal, spring and fall runs between Redwood Creek, Humboldt County and the Russian River, Sonoma County (CNDDB 2006). Threats include habitat loss and degradation. Chinook salmon are known to occur in Humboldt Bay which is contiguous with the Mad River Slough adjoining the CMA where they have a high potential for occurrence. The

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CMA also falls within critical habitat for the California coastal ESU (Rick Rogers, NOAA Fisheries, pers. comm.)

Amphibians and Reptiles Northern red-legged frog (Rana aurora aurora) is a California Species of Special Concern and ranges from northern Humboldt County, California to Sullivan Bay, British Columbia (Jennings and Hayes 1994). In California, the northern red-legged frog and populations intermediate between northern and California red-legged frogs extend from Marin County north to the Oregon state line with an elevational range from near sea level to 300 meters (CNDDB 2006). Threats to this species include urban encroachment, construction of reservoirs and water diversions, land conversions, industrial and non- industrial forest practices, introduction of exotic predators and competitors, livestock grazing, and habitat fragmentation. Northern red-legged frogs are known to occur in dune swales and riparian/freshwater swamp within the CMA. Northwestern Pond Turtle (Emys (=Clemmys) marmorata marmorata) is a California Species of Special Concern in California and is a Category 2 Candidate for Federal Listing. Northwestern pond turtle is the only native aquatic turtle in California. It is widely distributed west of the Cascades and Sierra Nevada. This species is found near and in water, especially slow moving or quiet waters, primarily ponds, small lakes, reservoirs, and quiet streams and rivers. They can be found basking on rocks, logs or on the bank along aquatic vegetation. Basking perches seem to be an important component of their habitat needs. Females lay a clutch of 5-11 eggs between April and August in a small hole in a dirt bank, sometimes at a distance from their home water. The diet of pond turtles consists of aquatic plants, fish, invertebrates and carrion. Along the north coast of California, northwestern pond turtle is sparsely distributed, mainly at ponds in the interior. As recently as 2000, this species was observed in semi- permanently inundated woody dune hollows in Manila and have a moderate potential for occurrence within freshwater/riparian swamp within the CMA.

Herons and Egrets

Great Egret (Ardea alba) nesting rookeries are protected by the CDFG in California. Worldwide, one Great egret race breeds in North America and winters in South America. Another breeds in Europe and Russia and winters in Africa, and a third occurs in Singapore and is found from the Indian subcontinent to Southeast Asia to Australia and New Zealand. A common resident and breeder in California, great egret occurs in open or semi-open fish-bearing habitats and favors expansive shallows, marshes, rushy lakeshores, bays, sloughs, and marshlands, roosting in undisturbed trees and nesting in dense stands of trees or snags (Fix and Bezener 2000, Harris 1996). Great egret will also forage in grazed pastureland (Harris 1996). Current threats to this species include loss of wetland habitats, extermination as pests on fish farms, and raiding of nests for eggs.

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Great Egret occurs within the CMA in association with marshy areas and tide flats and frequents Humboldt Bay at the eastern boundary of the CMA. No rookeries are known to occur. Great Blue Heron (Ardea herodias) nesting rookeries are protected by the CDFG in California. Worldwide, great blue heron ranges throughout Alaska, Canada, British Columbia, North America, Central America, northwest South America, the West Indies, the Galapagos Islands, and rarely to the Hawaiian Islands. In California, this species is a common resident and breeder, occurring widely in a variety of coastal and upland wetland edge habitats such as rivers, lake shores, ponds, lowland marshes, bottomland pastures (including grazed pastureland), coastal bays, lagoons, intertidal rocks, and beaches (Fix and Bezener 2000, Harris 1996). Threats to this species are loss of wetlands as well as land development and human disturbance. Great blue heron occurs within the CMA in association with marshy areas and tide flats and frequents Humboldt Bay at the eastern boundary of the CMA although no rookeries are known to occur. Snowy Egret (Egretta thula) nesting rookeries are protected by the CDFG in California. Worldwide, snowy egret is distributed widely throughout North and South America, nesting along the Atlantic coast of North America, west in the coastal plain, and in scattered inland colonies between New Mexico, Colorado, and California. In California, Snowy egret is a year round resident, migrant, and summer breeder occurring in areas of shallow, standing, or slow moving water such as marshes, lakes, floodplains, stream sides, and tidal wetlands and during migration at reservoirs or along river corridors (Fix and Bezener 2000). Unlike other related species, snowy egret does not forage in grazed pastureland, preferring water-associated foraging habitat (Harris 1996). Current threats to Snowy egret include destruction of wetland habitats and human disturbance during breeding. Snowy egret is locally common within and near the CMA, frequently foraging in Humboldt Bay. However, no rookeries are known from the CMA. Black-crowned Night Heron (Nycticorax nycticorax) nesting rookeries are protected by the CDFG in California. Globally, black-crowned night heron is widely distributed throughout North and South America, Eurasia, and Africa. In California, this species is a common year-round resident and less common breeder, occurring in fresh and salt water marshes, pond margins, mudflats, sloughs, cropland, and slow-moving stream shorelines. Nesting occurs in dense stands of trees and brush, primarily in secluded areas (Fix and Bezener 2000, Harris 1996). Current threats to black-crowned night heron include loss of wetland habitat and human disturbance at nesting sites. Black-crowned night heron is a common local resident and breeder in Humboldt County and is known to breed and roost at a number of sites within the lowands of the Mad River and around Humboldt Bay.

Raptors Cooper’s Hawk (Accipiter cooperi) is a California Species of Special Concern at nesting sites. Worldwide, Cooper’s hawk breeds in portions of Canada, and south into Mexico

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and the southeastern United States and winter in portions of the mid and western United States and portions of Canada south into Middle America. In California, Cooper’s hawk occurs in open woodlands and brushlands, nesting primarily in riparian habitat in foothills and valleys (Fix and Bezener 2000). Threats to Cooper’s Hawk include habitat destruction, predominately occurring in lowland riparian areas, and disturbance at nest sites. Migrating and wintering Cooper’s hawks use riparian and woodland habitat throughout the CMA and breeding has occurred in suitable coastal coniferous forest in the vicinity of the CMA. Sharp-shinned Hawk (Accipiter striatus) is a California Species of Special Concern at nesting sites. Worldwide, Sharp-shinned hawk breeds in portions of Alaska, Canada, and the contiguous United States and winters in potions of Canada, the contiguous United States, Latin America, and the Bahamas. In California, Sharp-shinned hawk breeds primarily in northern California in dense to semi-open coniferous, deciduous, or mixed forests, and occasionally along riparian edges. Current threats to Sharp-shinned Hawk include the potential impacts to California’s small breeding population as a result of falconry and destruction of suitable habitat, primarily resulting from timber harvest. Sharp-shinned Hawk has a low potential for occurrence within the CMA as the species is uncommon in the Humboldt Bay region. However, coastal coniferous forest could provide habitat for wintering or migrant birds. Short-eared Owl (Asio flammeus) is a California Species of Special Concern at nest sites. Worldwide, Short-eared owl breeds from Alaska across Canada and south to California, Kansas, and New Jersey and winters in the southern part of its breeding range and south throughout the United States to Central America and in South America as well as most of the Old World. In California, short-eared owl nests only a few of its former breeding locations and in northwestern California breeds only in coastal areas where conditions are prime. This species is a ground nester and occurs in open country, including grasslands, wet meadows and cleared forests. In migration it may appear in alpine meadows (Fix and Bezener 2000). Current threats to short-eared owl are primarily decline and degradation of marsh and tall grassland habitat primarily as a result of grazing pressure. Salt marsh habitats could provide suitable habitat for short-eared owl within the CMA where it has a moderate potential for occurrence. The species is known to occur on the nearshore dunes of Lanphere Dunes to the north, in the Mad River Slough Wildlife Area just east to the Mad River Slough at the eastern edge of the CMA, at the Eel River Wildlife Area and tidelands of the Eel River estuary at Centerville, approximately 20 miles south of the CMA, Fay Slough, approximately 4 miles southeast of the CMA (Harris 1996, Hunter et al. 2005) and were observed recently on the south spit of Humboldt Bay, approximately 18 miles south of the CMA (S. McAllister, pers. obs.). Northern Harrier (Circus cyaneus) is a California Species of Special Concern at nesting sites. Worldwide, northern harrier has a circumpolar distribution. In North America, this species is found from North Alaska east across Canada to the Atlantic Coast and south into Mexico, breeding from the northernmost portion of its range through the central United States and wintering in the Southern United States. Year-round residents also

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occur throughout portions of North America. In California, northern harrier is distributed throughout the state primarily in open habitats, nesting in coastal fresh and saltwater marshes and foraging in grasslands, meadows, and marshes (Fix and Bezener 2000, Harris 1996). Current threats to this species are habitat destruction resulting from the agricultural and urban development. Northern Harrier is known to occur within the CMA, commonly wintering and migrating through and uncommonly breeding and summering in coastal marshes and grasslands around Humboldt Bay. White-tailed Kite (Elanus leucurus) is a California Fully Protected species at nesting sites. California supports the largest number of white-tailed kites in North America. Found in virtually all California lowlands west of the Sierra Nevada range and the southeast deserts, this species is also common in the Central Valley and along the entire California coast (Dunk 1995). White-tailed kite commonly inhabits agricultural and riparian areas, preferring habitats that do not support grazing pressure. Nest structures are shrubs or trees that generally provide concealment from the ground (Pickwell 1930, Hawbecker 1940). White-tailed kite is known to occur within the CMA and is common within coastal lowland agricultural fields and wetland areas of the Mad River floodplain east of the CMA. Breeding has been confirmed in breeding bird atlas survey blocks that include Ma- le’l Dunes (Hunter et al. 2005). Merlin (Falco columbarius). Populations of merlin that winter in California are considered California Species of Special Concern. Worldwide, merlin has a circumpolar breeding range occurring in northern temperate and sub and low Arctic regions and is migratory throughout most of its range, wintering in a variety of open habitat types in northern and southern temperate zones of Eurasia and the Americas. Merlin does not breed in California but is transient throughout much of the state, wintering along the coast and in the central valley in open country with scattered lookout posts such as estuaries, seacoasts, open woodlands, savannah, windbreaks and hedgerows, pastures and the edges of grasslands and agricultural fields (Fix and Bezener 2000, Harris 1996). Current threats to merlin primarily include persistent pesticide use on wintering areas in Central and South America and take for falconry. Merlin is present each fall in open lowlands along the coast such as those within and near the CMA. American Peregrine Falcon (Falco peregrinus anatum) was removed from the Federal Endangered Species List on 25 August, 1999 and is currently a California Fully Protected species at nest sites. Worldwide, this species breeds from northern Alaska through portions of Canada and the contiguous Untied States and occasionally in northern Mexico, and migrates from Greenland south through Canada and Alaska into the contiguous United States, through Mexico and into South America. In California, it ranges throughout most of the state with the exception of the deserts during migration and winter and breeds along the central and southern California coast and in the Channel Islands, inland north coastal mountains, Klamath and Cascade ranges, and the Sierra Nevada on ledges of large cliff faces or other similar structures in a variety of habitats including wetlands, woodlands, urban and agricultural areas and coastal habitats.

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Peregrine Falcon has recovered throughout California. However, the threat of habitat destruction remains. Peregrine Falcon is present within the CMA where suitable coastal lowland habitats supporting prey species such as shorebirds and other waterbirds occur. Peregrines also forage in Humboldt Bay near Ma-le’l Dunes. Bald Eagle (Haliaeetus leucocephalus) is federally listed as threatened but has been proposed for delisting, is state listed as endangered and is a California Protected species at nesting sites.Worldwide, bald eagle is distributed throughout Canada, Alaska, and the contiguous United States. In California, bald eagle is found throughout most of the state near water bodies, breeding in the tops of trees or other similar structures near lakeshores, river banks, estuaries, and the sea coast; during winter and migration they inhabit both coastal and inland waterways (Fix and Bezener 2000, Harris 1996). Current threats include degradation of riparian and other water-associated habitats as well as disturbance at nest sites. Bald eagle has a low potential for nesting within the CMA as nesting habitat does not occur there although, during winter, occasional bald eagles may forage along the margins of the slough. Osprey (Pandion haliaetus) is a California Species of Special Concern at nesting sites. This species has a worldwide distribution, occurring on every continent with the exception of Antarctica. In California, osprey is a common summer resident and breeder but is less common in winter. This species forages over bodies of water bearing fish. Breeding primarily in scattered locations throughout northern California from the Cascade Ranges south to Lake Tahoe, and along the coast south to Marin County osprey nests and roosts on exposed treetops, towers, pilings, or similar structures near lakes, reservoirs, rivers, estuaries, and the open sea coast (Fix and Bezener 2000, Harris 1996). Historically, ospreys were impacted by eggshell thinning caused by persistent pesticides such as DDT up until their ban in the 1970’s. Current threats to the species primarily include degradation of aquatic environments such as rivers and lakes and loss of nesting structures such as trees to timber harvest and other activities. Osprey is a common resident and breeder within and around the CMA. An active osprey nest is known on Ma-le’l North.

Shorebirds

Western Snowy Plover In 1993, the USFWS listed the coastal population of the western snowy plover (Charadrius alexandrinus nivosus) as a threatened population under the federal ESA (USFWS 1993) and designated critical plover habitat in September 2005 (USFWS 2005). The plover was listed based on evidence of a significant population decline, as well as a reduction in the number of breeding locations. Just prior to the time of listing, estimates (Page et al. 1991) placed the California population at 1,386 plovers, down 11 percent from the 1,565 plovers estimated a decade earlier (Page and Stenzel 1981). In 2000, a statewide breeding survey indicated a further decline of ~30% to 976 plovers in

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California (Page, unpublished data). Two petitions to remove the coastal population of the western snowy plover from the Federal List of Threatened and Endangered Species, the first filed in September, 2002 by the Surf Ocean Beach Commission of Lompoc, California and the second filed in May, 2003 by the City of Morro Bay were submitted to the USFWS. These petitions contend that the coastal population does not qualify as a distinct population unit and therefore, is not threatened. The USFWS initiated status reviews on 22 March, 2004 upon finding that the petitions presented substantial information to warrant consideration of delisting (69 FR 13326). The 12-month finding on the delisting petitions was completed April 12, 2006, reconfirming the Pacific coast western snowy plover’s status as threatened (71 FR 20607). The causes of the western snowy plover’s population decline were determined to be a combination of the following: 1) increased human recreational use of beach habitats (including off-highway vehicle (OHV) traffic); 2) alteration of nesting habitat from encroachment by European beach grass (Ammophila arenaria); and 3) predation of eggs and young by corvids (Corvus brachyrhynchos, C. corax), gulls (Larus spp.), red fox (Vulpes vulpes), raccoon (Procyon lotor) and striped skunk (Mephitis mephitis). These three factors either reduce reproductive and survival rates or cause plovers to avoid otherwise suitable habitat. Currently, plovers breed in coastal habitats (salt pans and levees, dredge spoil islands, river gravel bars, and unvegetated ocean beaches) at 28 locations from the central Washington coast to Baja, Mexico (USFWS 1993). As part of the recovery plan, the USFWS designated Mendocino, Humboldt and Del Norte counties as a discrete management unit (Recovery Unit 2), one of six management units within the range of the listed population. Within Unit 2, snowy plovers breed and over-winter along ocean beaches and along the lower Eel River gravel bars. The majority of plovers breeding in Recovery Unit 2 occur in Humboldt County. Historical records and recent surveys (Page and Stenzel 1981, Fisher 1992-94, LeValley 1999, Page unpublished data) indicate the importance of Humboldt County to breeding plovers. In 1977, Page and Stenzel (1981) found 64 birds (18 nests) at seven locations in the county and estimated that this represented 6% of coastal plovers breeding in California, and that Humboldt County had more plovers than any other location north of Monterey. During the breeding seasons of 1992-1994, Fisher conducted surveys of beach habitats and estimated 22-32 plovers initiated 17-26 nests. More recently, LeValley (1999) estimated that 49 birds (23 nests) bred at four locations in 1999; Interestingly, LeValley noted that plovers were absent from at least five beach sites where they were reported nesting by Page and Stenzel (1981) or Fisher (1992-1994). In 2000, this same area supported about 40 adults and 42 nests (McAllister et al. 2001). Over the past 6 years (2001-2006), increased research efforts provided estimates of 57-74 breeding plovers annually in Recovery Unit 2, nearly all of which were in Humboldt County (Colwell et al. 2006). Historically, snowy plovers nested along much of the once open beaches of Humboldt County, including the north spit of Humboldt Bay, possibly within the area that now comprises the Ma-le’l Dunes CMA. Harris (1996) noted that two sets of eggs were collected from the ocean beach near Samoa on 27 April, 1902 (M. and J. Davis in Harris

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1996). However, following the introduction of European beachgrass to the west coast in the late 1800’s and its subsequent encroachment onto Humboldt County beaches, local snowy plover use patterns have changed. The European beachgrass invasion has lead to the stabilization of many of Humboldt’s dune systems and the loss of open sand available for habitat. This has drastically changed the suitability of much of the County’s coastline for the snowy plover as the species requires open habitat for breeding. Within the CMA, the ocean regularly reaches the base of the foredune at high tide, even during the breeding season, both in areas that were altered by European beachgrass and in those that have never been invaded. Inter-agency breeding season (March-September) surveys conducted approximately once per month since 1997 on the north spit of Humboldt Bay, including the beaches (but not the back dunes) within the CMA, have not detected snowy plovers. Annual winter surveys of the same areas have also failed to record plovers. However, Ron LeValley reported the observation of a non-breeding individual in the vicinity in 1996, south of the Mad River Slough and Dunes CMA on the adjacent BLM property (LeValley, pers. comm.). More recently, 5 snowy plovers were observed on 17 December, 2005 during the Arcata Christmas Bird Count. These birds were recorded on the north spit just west of the Fairhaven Electric building, approximately 6 miles south of the Ma-le’l Dunes CMA (Kerry Ross, pers. comm.). Currently the closest known breeding locations for plovers in relation to the CMA are at Mad River Beach, approximately 4.5 miles north of the action area and at the south spit of Humboldt Bay, approximately 8 miles south of the action area (Colwell et al. 2006). Although the beach at the Ma-le’l Dunes CMA appears too narrow to support breeding western snowy plover; the back dunes do represent suitable breeding habitat. Plovers are known to nest in back dune areas from a number of coastal locations in Oregon and southern California, including beaches backed by steep dunes such as at Oceano Dunes State Vehicular Restoration Area. Locally, plovers are known to nest in back dunes at Clam Beach.

Long-billed Curlew (Numenius americanus) federally listed as a Species of Concern, and by the CDFG as a California Species of Special Concern at nesting sites. Worldwide, long-billed curlew breeds in southwestern Canada and in the western United States, and winters in the southern United States to South and Central America. In California, Long- billed curlew breeds in wet meadow habitat in northeastern California in Siskiyou, Modoc, and Lassen Counties and winters in large flocks along most of the California coast as well as the Central and Imperial valleys (in tidal mudflats, estuaries, saltwater marshes, tidal channels, grasslands, and agricultural fields with short grasses (Fix and Bezener 2000). Current threats to long-billed curlew include loss and degradation of prairie and meadow breeding habitat due to grazing and agricultural pressures. Long-billed curlew has a moderate potential for occurrence within the CMA and is present in Humboldt Bay near the CMA during migration and winter; it may also use the coastal habitat of CMA for foraging.

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Land birds Vaux’s Swift (Chaetura vauxi) is federally listed a threatened at nest sites. Worldwide, Vaux’s swift breeds from southeastern Alaska and Montana to central California and winters in the tropics. In California, Vaux’s swift breeds in coastal coniferous forests, with a significant minority now using chimneys in towns and cities. The species forages in forest openings, burned-over forest, meadows, rivers, lakes, and suburbia. Nearly all roost sites in migration are detected in chimneys (Fix and Bezener 2000). Current threats to Vaux’s swift include loss of suitable nest sites such as large, hollow snags and old Pileated Woodpecker cavities as well as human disturbance especially from fires in fireplaces where swifts may nest or roost. Vaux’s swift has a high potential for occurrence within the CMA within coastal coniferous forest. Yellow warbler (Dendroica petechia brewsteri) is a California Species of Special Concern at nesting sites. Worldwide, the northern form of the yellow warbler (Dendroica petechia), which includes the California subspecies, breeds from Alaska to Newfoundland and southern Labrador south to western South Carolina and northern Georgia, and west through the southwest to the Pacific coast and winters in Central America and the West Indies south to northern Peru. In California, yellow warbler nests primarily in alder-cottonwood-willow stands with riparian cover and occupies habitats along the coastal strip during migration (Harris 1996). Current threats to yellow warbler include degradation and loss of alder-cottonwood-willow and riparian habitats as well as nest parasitism by Brown-headed Cowbird (Molothrus ater). Yellow warbler is present within the CMA and likely to occur within willow-dominated dune swales, freshwater/riparian swam and potentially coastal coniferous forest during migration. Yellow warbler is not known to breed here. Willow Flycatcher (Empidonax traillii) is a Federal Species of Concern at nesting sites. Worldwide, Willow Flycatcher, a Neotropical migrant, breeds in riparian and mesic upland thickets in the United States and Canada and winters from Mexico south to Panama (AOU 1983). In California, Willow Flycatcher typically breeds in moist meadows with perennial streams, lowland riparian woodlands dominated by willows, cottonwoods, or in smaller spring- fed boggy areas with willows or alders (Serena 1982, Harris et al. 1987, Whitfield 1990). Threats to Willow Flycatcher primarily include loss of riparian habitat due to invasion of non-native species, channelization and damming of free flowing rivers, and nest parasitism by Brown-headed Cowbird (Molothrus ater). Willow Flycatcher has a low potential for occurrence in the CMA. Although migrants of this species may be found in the dune hollows and limited willow habitats within the CMA, the woody hollows and riparian woodlands at the CMA are not substantial enough to be suitable habitat for breeding Willow Flycatchers. Black-capped Chickadee (Poecile atricapilla) is a California Species of Special Concern. Worldwide, black-capped chickadee is largely resident from Alaska east across Canada to Newfoundland and south to northern California, northern New Mexico, Missouri, and northern New Jersey and winters south to Maryland and Texas. In California, black-capped chickadee occurs in mixed hard and softwood forests, natural

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and suburban woodlands, scattered trees, shrubs, thickets, old fields, clear cuts, forest edges, and dense undergrowth, as well as suburban areas such as parks and gardens. The primary current threat to black-capped chickadee is degradation and destruction of riparian habitat. Black-capped chickadee occurs throughout the CMA in coastal coniferous forest, woody dune swales, freshwater/riparian swamp, and thickets. It is also likely to occur in adjacent suburban habitats. Purple Martin (Progne subis) is a California Species of Special Concern at nesting sites. Worldwide, purple martin breeds throughout much of southern Canada and less commonly in western Canada as well as portions of the contiguous United States, Mexico, and Cuba, wintering in South America from southeastern Brazil northward and westward to the eastern portions of Bolivia and Columbia northward to the southern Caribbean Islands. In California, purple martin breeds in riparian woodlands, oak woodlands, partially logged, broken, or burned coniferous forests, and montane mixed forests, nesting in cavities (usually old woodpecker cavities) of tall trees, often near water (Fix and Bezener 2000). This species also breeds where human settlement occurs, often nesting in nest-boxes (Baicich and Harrison 1997). Foraging occurs over bottomlands, bays, coastal lagoons, ponds, and wetlands. During migration purple martin occurs over rivers, reservoirs, and agricultural fields (Fix and Bezener 2000). Current threats to purple martin include nest cavity competition with introduced European starling (Sternus vulgaris) and loss of nesting structures due to removal of snags. Purple martin has a high potential for occurrence within the CMA as suitable habitat occurs within and around ma-le’l Dunes. Breeding could occur but has not been documented and In Humboldt County, appears to be somewhat removed from the immediate coast (Hunter et al. 2005). Bank Swallow (Riparia riparia) is a state listed as threatened. Worldwide, bank swallow is the most widely distributed of the swallows, with breeding colonies scattered across the northern hemisphere, from western North America to eastern Eurasia. This species winters in Central and South America or in Africa and Central Asia. In California, bank swallow breeds in areas with vertical embankments high enough for them to avoid predation and with friable substrates that allow for excavation of a nest cavity. These embankments are typically found along rivers, streams, lakes, gravel pits, and road cuts. Foraging habitat generally consists of open areas where this species can take prey, primarily insects, on the wing such as agricultural fields. The primary current threat to bank swallow is destruction of natural stream banks from practices such as rip-rapping. Bank swallow has a low potential for occurrence within the CMA. No breeding habitat is present in the vicinity of the CMA although rare migrants could use the area for foraging.

Aquatic birds California Brown Pelican (Pelecanus occidentalis californicus) is federally listed as threatened, state listed as endangered and is a California Fully Protected species at nesting colonies. It occurs throughout temperate and subtropical North American marine and estuarine waters. Truly inland occurrences in California (away from the vicinity of the Salton Sea) are unusual, particularly so in the northern portion of the state. Breeding

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occurs along the Atlantic coast from Chesapeake Bay (recently) south through the Gulf of Mexico and into coastal South America and on the Pacific Coast from southern California southward along the west Mexican coast into South America (Galapagos Islands). Along temperate North American coasts, birds annually move northward following the breeding season. Along the West coast, large numbers occur from mid- summer through fall northward to southwestern Washington and sparingly to Puget Sound and southwestern British Columbia. A southward passage in late fall leaves very few brown pelicans north of central California. Brown pelicans reach the northern limit of their breeding range on the Pacific Coast along the southern half of the California coast. Historically, breeding populations of these birds in southern California have fluctuated in response to environmental conditions. Current thought suggests that these populations increase during periods of ocean warming (Baldridge 1973, Anderson and Anderson 1976). The brown pelican breeds regularly in California only on West Anacapa Island and has nested only rarely elsewhere in the Channel Islands, specifically on Prince Island, Santa Cruz Island, and Santa Barbara Island. Adding evidence to the case for continued resurgence of the species were hundreds of brown pelicans that initiated nesting at Pt. Lobos State Reserve, Monterey County during April and May 2000 (Terrill et al. 2000). The previous successful nesting there was in 1959 and the most recent attempt was in 1966. The possibilities exist that the species may re-establish small breeding colonies along the central California coast or colonize previously unutilized sites. Nesting habitat consists of coastal islands just outside the surf line. A colonial nester, the brown pelican typically nests on small-to moderately sized islands to avoid predation by ground-dwelling species. In the late 1960s and early 1970s, the reproductive success of brown pelicans declined considerably in California and northern Mexico. From 1969 to 1971 only 12 chicks fledged out of 2,368 nesting attempts (Anderson and Anderson 1976). The breeding failures of pelicans during this period were related to the high levels of DDE, the principal metabolite of DDT, in the marine environment (Schreiber and Delong 1969, Schreiber and Riseborough 1972, Jehl 1973, and Anderson 1976). Reproductive success of brown pelicans can vary markedly from year to year. Changes in oceanographic conditions and in the distribution and abundance of forage fish are two interrelated factors that may account for this fluctuation. Critical Habitat has not been designated for brown pelican. Brown pelican uses the near-shore Pacific Ocean and the offshore rocks and islands of the California coast for roosting and loafing sites and nests offshore. Nesting habitat consists of coastal islands just outside the surf line. A colonial nester, the brown pelican, typically nests on small-to moderately sized islands to avoid predation by ground- dwelling species. California brown pelican is present within the CMA and uses the nearshore Pacific Ocean west of the CMA and may occasionally use the beach and coastal promontories for day roost sites. The species also uses Humboldt Bay east of the CMA extensively for foraging, loafing and roosting. However, no nest sites are known north of Monterey Bay.

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Double-crested Cormorant (Phalacrocrax auritus) is a California Species of Special Concern at rookery sites. Worldwide, double-crested cormorant is confined to North America. In California it breeds inland on lakes and coastally in colonies on nearshore rocks and islands. Historically, double-crested cormorant has been affected by human disturbance in the form of disruption at colonies and persecution, and was among the piscivorous (fish-eating) bird species most affected by eggshell thinning caused by persistent pesticides such as DDT up until their ban in the 1970’s. Their numbers have dramatically increased in recent years. However, current threats exist and include direct persecution, harassment, and disturbance at colonies and roosting sites. They also remain vulnerable to gull predation (Kury and Gochfeld 1975). Double-crested cormorant is present within the CMA, occurring locally, year-round and breeding on piling within Humboldt Bay near the old Arcata Wharf, approximately 3 miles southeast of the CMA. They also forage in Humboldt Bay and the ocean adjacent to the CMA and roost on pilings along the bayshore. Elegant Tern (Sterna elegans) is a California Species of Special Concern at nesting colonies. Worldwide, elegant tern breeding distribution is extremely restricted, occurring almost exclusively on islands in the Gulf of California/Mexico, and portions of the southern California coast. Its winter range is primarily along the coast of western South America from Peru to Chile. In California, the elegant tern breeds predominantly on islands in the Sea of Cortez and along the coast of Southern California and migrates along the California coast in late spring, summer, and early fall only occurring in coastal habitats such as inshore ocean, estuaries, coastal freshwater and salt lagoons, river mouths and creek outfalls and is rarely seen in inland habitats (Fix and Bezener 2000). Current threats to elegant tern primarily include human disturbance at nesting colonies. Elegant tern has a high potential for occurrence within the CMA and is a fall visitor to northwestern California and frequents the bayshore along the North Spit of Humboldt Bay, including within the CMA. Nesting is highly unlikely.

Mammals White-footed vole (Arborimus albipes) is a California Species of Special Concern and inhabits mature coastal forests in Humboldt and Del Norte Counties. Areas near small, clear streams with dense alders and shrubs are preferred. White-footed vole occupies habitat from the ground surface to the canopy in appropriate habitat and forages in all layers. Nesting occurs on the ground under logs or rocks. White-footed vole is known to occur within the vicinity of CMA and likely within the CMA itself. A CNDDB occurrence record exists for an area west of the Mad River Slough, approximately 2.5 miles south-southwest of Tyee City. This occurrence is just north of the CMA in beach pine forest similar to that of the CMA. Sonoma tree vole (Arborimus pomo) is a Federal Species of Concern and a CDFG Species of Special Concern. Worldwide, Sonoma tree vole occurs in coastal Oregon and northwestern California. In California, this species primarily inhabits Douglas fir forests but may occupy redwood or Sitka spruce forests and areas with salal (Gaultheria shallon) (Whitaker 1998). Current threats to this species include habitat degradation or destruction

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in the form of clear cuts, forest fires, and other factors that create openings in the forest and isolate blocks of trees. Sonoma tree vole has a low potential for occurrence within the CMA. Although the species is known from coastal sites, suitable Douglas fir habitat is absent from the CMA.

Environmental Consequences

Alternative A: Proposed Action

Native Vegetation The Plan proposes many actions that are expected to eliminate substantial adverse impacts to sensitive and native plant communities, including the estuarine wetlands of the Mad River Slough, the understory of the coniferous forest where a number of locally rare plants can be found, and the native dune mat community within the nearshore dunes. Such proposed actions include: the use of regulatory, boundary and directional trail signs, the decommission of various casual trails currently in use including the trail that leads to the bank of Iron Creek, the use of symbolic fencing, the installation of a split rail fence between the parking area at Ma-le’l North and the slough to eliminate or minimize foot traffic in salt marsh habitats, and the monitoring of compliance for public use activities through caretaker presence, law enforcement patrols, and BLM/USFWS staff field visits. Adverse impacts to native plant communities resulting from on-going plant and traditional resource gathering, and the possible trampling of native vegetation from pedestrians, dogs or horses walking outside the designated trail corridor would be minimized to less than significant through the monitoring of CMA resources and public use activities by BLM and USFWS resource managers as proposed in the Plan. Such monitoring would enable managers to identify where adaptive management strategies would be implemented to protect native plant communities. This would include installing additional signage or decommissioning trails in areas where damage to natural resources is occurring as a result of unauthorized uses. In addition, off-trail plant gathering at Ma- le’l South and traditional resource gathering throughout the CMA would be regulated by the issuance of special permits. The proposed expansion of the parking area at Ma-le’l North involves the removal of approximately eight young beach pine trees and the placement of crushed gravel to accommodate a new access driveway to the parking area. Currently, much of the area surrounding the parking area is degraded by the invasion of exotic, annual grasses. The expansion of the parking area has been designed in a manner to minimize tree removal. Further, because the area was heavily cleared for the construction of the original parking area, the removal of an additional eight young trees is insignificant, especially when considering the active reforestation effort being undertaken by the USFWS on other portions of the project area through implementation of the USFWS-HBNWRC “Restoration Plan for the Humboldt Bay National Wildlife Refuge – Ma-le’l Dunes” (EDAW, 2005). The restoration plan incorporates coastal forest restoration activities in three acres surrounding and adjacent to the proposed Ma-le’l North parking area. As the beach pines mature within the vicinity of the parking area, the understory is expected to

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develop a more native species composition as the grasses become shaded out. The restoration plan will also work to eliminate non-native vegetation in other areas of Ma- le’l North, including portions of the coniferous forest and throughout the nearshore dunes. Similarly, BLM will continue to conduct weed monitoring and eradication work throughout the Ma-le’l South properties. The Plan proposes that an existing wetland observation deck that extends out over the riparian swamp would be repaired and made more structurally secure by installing two post piles, which would together occupy less than one square foot. However, if this design proves to be infeasible then a cantilever support system similar to the existing structure will be constructed and would avoid any wetland impacts (HWR Engineering & Science 2006). In addition, a 15-foot long, 4-foot wide footbridge will be installed in the nearshore dunes. The impact to native vegetation due to post piles beneath the view deck and coverage of wetland by the footbridge is considered small (approximately 60 ft2) and insignificant. However, under the proposed access plan, the extensive system of remnant and unused wire fencing and posts in the nearshore dunes, some of which occur in wetland swales, will be removed to improve aesthetics and alleviate tripping hazards. This measure will partly mitigate for the installation of the footbridge in the nearshore dunes. Within the Plan, permanent impacts to native vegetation that would occur due to implementation of the Proposed Plan Alternative A. These include:  The displacement of approximately 60 ft2 of wetland vegetation (i.e. wetland fill) for the installment of footings for the footbridge over the seasonal wetland in the nearshore dunes;  The displacement of less than one square foot of wetland vegetation due to the installation of two post piles as part of the repair of the wetland view deck along the railroad berm trail at Ma-le’l North; and,  Installation of the canoe/kayak landing ramp at Ma-le’l North is expected to permanently remove a minor amount of wetland vegetation (less than 200 ft2) composed mostly of dense-flowered cordgrass with associated native pickleweed, jaumea, saltgrass, and possibly Point Reyes bird’s-beak and Humboldt Bay owl’s-clover. Dense-flowered cordgrass is an invasive exotic plant in Humboldt Bay that displaces native salt marsh vegetation. Identified and potential on-going impacts to native vegetation upon implementation of the Proposed Plan Alternative A includes routine vegetation clearing to maintain an open trail corridor through the CMA. Implementation of the following mitigation measures would ensure that the Proposed Plan Alternative A would not substantially impact or adversely affect native vegetation.

Mitigation Measure 1: Planned improvements will occur during the dry season in seasonal wetlands and will incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

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Mitigation Measures 5: One hundred and seventy-five square feet (175 ft2) of high salt marsh habitat (6.4 to 8.9 feet above mean-low-low-water) that is dominated by dense-flowered cordgrass (Spartina densiflora) would be restored with pickleweed (Salicornia virginica) and saltgrass (Distichlis spicata) and maintained as such as mitigation for the installation of the canoe/kayak landing/launching ramp. A planned barrier (e.g. low split rail fence)will keep people from walking on the salt marsh.

Mitigation Measures 6: The development of a maintenance program for the trail to insure that routine vegetation clearing does not adversely affect any locally rare plants identified by the CMA resource managers.

Wildlife Increased disturbance associated with higher public use rates, including those associated with the continued allowance of dogs and horses at Ma-le’l South, will be minimized to less than substantial via measures identified in the access plan that will concentrate public access. Such measures include the installation of regulatory, boundary and directional trail signs, the decommissioning of various casual trails currently in use, symbolic fencing, and the monitoring of compliance of allowable public uses through caretaker presence, law enforcement patrols, and BLM/USFWS staff field visits. These mitigation measures are expected to limit public access to sensitive plant communities and thus the wildlife they support, including the estuarine wetlands of the Mad River Slough, the understory of the coniferous forest and the native dune mat community within the nearshore dunes. The nesting osprey is likely to abandon its current nest site, but to find a nearby site. Refuge and BLM staff will monitor for this change. The Plan incorporates conducting seasonal closure during osprey nesting season of the trail nearest the active osprey nest, if warranted. Through the monitoring of CMA resources and public use activities, BLM and USFWS resource managers will be able to identify where adaptive management strategies may be implemented to protect wildlife, if deemed necessary. This may include installing additional signage or decommissioning trails in areas where excessive disturbance to wildlife or destruction of wildlife habitat is occurring as a result of authorized uses. In summary, implementation of the Proposed Plan Alternative A could result in the following potential impacts to wildlife:  The ongoing potential for disturbance to breeding birds associated with routine vegetation clearing to maintain an open trail corridor through the CMA,  The potential for disturbance to breeding birds associated with the expansion of the parking area at Ma-le’l North involving the removal of approximately eight young beach pines and the placement of crushed gravel,  The potential for siltation into dune swales and freshwater/riparian swamp, and the associated impacts to suitable amphibian and reptile habitat, that could result from the proposed installation of a foot bridge over the seasonal wetland

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in the nearshore dunes and the wetland view deck along the Railroad berm Trail at Ma-le’l North,  Disturbances to nesting ospreys, including potential nest abandonment, associated with higher use levels and  The potential for siltation into the Mad River Slough, and associated impacts to water quality and thus fish habitat, that could result from construction of the canoe and kayak launching ramp at Ma-le’l North.

Implementation of the following mitigation measures would ensure that the proposed Plan and associated activities (such as the improvement of the parking area at Ma-le’l North, installation of the canoe and kayak ramp, installation of the foot bridge, repair of the wetland view deck, and routine vegetation clearing), as described in Alternative A Proposed Action, would not substantially impact or adversely affect wildlife.

Mitigation Measure 1: Planned improvements will occur during the dry season in seasonal wetlands and will incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Mitigation Measure 2: During the breeding season for birds likely to breed in the Ma-le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency and special management conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers.

Threatened, Endangered and Special Status Species Threatened, Endangered and Special Status Plants The nearshore dunes of the CMA contain important habitat for five special status vascular plants. These include the federal and state-listed endangered Humboldt Bay wallflower and beach layia; the CNPS list 1B pink sand verbena and dark-eyed gilia; and the CNPS list 4 American glehnia. In addition, Humboldt Bay owl’s-clover and Point Reyes bird’s-beak, both listed as CNPS 1B, are known to occur within the high salt marsh habitats of the Mad River Slough at Ma-le’l North, and Lyngbye’s sedge, a CNPS list 2 species, occurs in brackish areas along the banks of the slough. Activities associated with the proposed action that have the potential to adversely affect these species include any activity that may cause ground disturbance where these species occur. These are discussed in detail below.

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The expansion of the existing trail system within the nearshore dunes and the anticipated increase in foot traffic in these areas upon implementation of the access plan, installation of signs within or adjacent to endangered plant areas, construction of the foot bridge over the seasonal wetland, potential sediment transport to salt marsh habitats within the slough during construction of the boat ramp, and possibly an increase in foot traffic in adjacent salt marsh habitats associated with the launching or landing of boats at Ma’le’l North. Activities associated with the proposed action that have the potential to adversely affect these species include any activity that may cause ground disturbance where these species occur. This includes the expansion of the existing trail system within the nearshore dunes and the anticipated increase in foot traffic in these areas upon implementation of the access plan, installation of signs within or adjacent to endangered plant areas, construction of the foot bridge over the seasonal wetland, potential sediment transport to salt marsh habitats within the slough during construction of the boat ramp, and possibly an increase in foot traffic in adjacent salt marsh habitats associated with the launching or landing of boats at Ma’le’l North. Approximately 354 linear feet of new trail will pass through or immediately adjacent to (within 50 foot) threatened, endangered, and/or special status plant areas located within the nearshore dunes (See Figure 6 and 7). Most of this “new trail” represents existing casual trails that pass through areas that support beach layia and/or dark-eyed gilia. Beach layia and dark-eyed gilia are locally common within the dune mat vegetation type on the North Spit, but they also occur in lower densities within open sand areas such as the proposed trail alignment. Foot traffic in these areas has the potential to damage or destroy seed and/or reproductive individuals that may colonize here in the future. However, given the relatively high density of beach layia and dark-eyed gilia within the Humboldt Bay dunes, and on the North Spit in particular, adverse impacts to individuals that may inhabit the trail are not considered substantial to the populations of these species on a whole. The proposed trail alignment avoids all known occurrences of pink sand verbena and American glehnia. The trail passes immediately adjacent to one significant occurrence of Humboldt Bay wallflower near the Ki-mak Trail at Ma-le’l North, and two smaller occurrences near the Latkak Trail at Ma-le’l South. The rare plant distribution maps (Figure 6 and 7) shows the trail alignment abutting these locations; however for clarification it should be noted that the trail directs foot traffic around these occurrences, and at Ma-le’l North, is positioned within a swale at the base of the dune that supports wallflower on its upland flanks. The use of fencing around colonies of Humboldt Bay wallflower that occur near the proposed trail was considered, but determined to be too difficult to maintain in the dune environment, and also incompatible with the objectives of the public access plan, which is to minimize fencing throughout the CMA in order to retain the natural look of the area. Furthermore, interpretative education on kiosks and brochures regarding rare plants combined with visual opportunities in the field will foster appreciation and stewardship of the species. Direct impacts to the wallflower and other rare dune plants could result from pedestrians, dogs or horses leaving the trail corridor and walking within rare plant areas, potentially crushing seed and reproductive individuals. Ground disturbance associated with off-trail foot traffic may also indirectly impact rare plants by causing degradation of suitable habitat areas (i.e. dune mat). Additionally, wallflower and beach layia are likely to recruit

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along trail edges, which will then be subject to trampling by pedestrians walking along the trails corridors. The use of regulatory, boundary and directional trail signs, the decommission of various casual trails currently in use, symbolic fencing, and the monitoring of compliance for public use activities through caretaker presence, law enforcement patrols, and BLM/USFWS staff field visits, is expected to limit public access to endangered plant areas located within the CMA and the adjacent Lanphere Dunes Unit of HBNWR, thereby minimizing impacts to existing populations of rare plants to less than significant. In addition, through the monitoring of CMA resources and public use activities, BLM and USFWS resource managers will be able to identify where adaptive management strategies may be implemented to protect sensitive resources. This would include installing additional signage or decommissioning trails in areas where damage to natural resources is occurring as a result of authorized uses. The proposed trail alignment within the nearshore dunes is considered the least damaging alternative to existing rare plant occurrences, while providing consideration for the protection of sensitive cultural resources that also occur in this area. Although the proposed action is expected to result in an increase in public use of the beach and nearshore dunes, the action also provides for the consolidation of foot traffic by establishing a designated trail system through these sensitive habitat areas. Rare salt marsh plants in the vicinity of the proposed boat landing at Ma-le’l North will be protected by establishing clearly marked access points to the boat landing, signage and, if necessary, symbolic fencing to discourage entry into the adjacent salt marsh habitats. Construction of the boat ramp is expected to permanently remove a minor amount of wetland vegetation (less than 200 ft2) that may support Point Reyes bird’s-beak and Humboldt Bay owl’s-clover. In addition, in the absence of best management practices (BMPs) during construction, individuals that occur in the adjacent salt marsh could be adversely affected from sedimentation, which has the potential to bury seed or reproductive individuals. Adverse impacts to Lyngbye’s sedge are not expected since the sedge is not easily accessed from the trail, nor is the sedge located near any boat launching or landing area. In summary, the implementation of the proposed action Plan could result in the following potential impacts to threatened, endangered and special status plant species:  Direct impacts to the wallflower and other rare dune plants could result from pedestrians, dogs or horses leaving the trail corridor and walking within rare plant areas, potentially crushing seed and reproductive individuals. Ground disturbance associated with off-trail foot traffic may also indirectly impact rare plants by causing degradation of suitable habitat areas (i.e. dune mat).  During the implementation of the canoe and kayak ramp Humboldt Bay owl’s-clover or Point Reyes bird’s-beak could be adversely affected by removal of salt marsh vegetation, or from sedimentation which has the potential to bury seed or reproductive individuals. Other potential impacts to the rare salt marsh plants could result from an increase in foot traffic within salt marsh habitat near the proposed boat landing at Ma-le’l North.

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Implementation of the following mitigation measures would ensure that the Proposed Action Alternative A, would not substantially impact or adversely affect threatened, endangered or special status plants.

Mitigation Measure 1: Planned improvements will occur during the dry season in seasonal wetlands and will incorporate Best Management Practices (BMP’s) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Mitigation Measure 3: The USFWS will implement Humboldt Bay wallflower seed collection from existing populations on the adjacent Lanphere Dunes Unit, and subsequent dispersal within newly restored areas of the Fernstrom-Root and Ma-le’l parcels. This measure is designed to facilitate the expansion of the wallflower within the CMA and mitigate for potential adverse impacts from off-trail foot traffic.

Mitigation Measure 4: All construction activities occurring within or adjacent to endangered plant areas would be supervised by Ma-le’l Dunes CMA resource managers and would take place outside of the growing season to avoid impacts to reproductive individuals. In addition, before the commencement of work and when species are clearly visible all occurrences of Humboldt Bay wallflower rosettes (reproductive season is approximately March 1 through the end of the summer), beach layia (reproductive season is March to May), Humboldt Bay owl’s-clover (reproductive season is May through July), Point Reyes bird’s-beak (reproductive season is approximately June 1 through end of summer), and other rare plant species located near construction areas would be flagged and the CMA resource managers would document any adversely affected individuals.

Threatened, Endangered and Special Status Animals Fish The Mad River slough, which meanders through the eastern edge of Ma-le’l North provides potential habitat for five species of special status fish: tidewater goby, coast cutthroat trout, the southern Oregon/northern California coho salmon evolutionarily significant unit (ESU), the northern California steelhead ESU and the California coastal Chinook salmon ESU. Tidewater goby is federally endangered and a California Species of Special Concern. Coast cutthroat trout and the southern Oregon/northern California coho salmon ESU are both California Species of Special Concern. The northern California steelhead ESU and California coastal Chinook salmon ESU are federally threatened. Activities associated with the proposed action that have the potential to adversely affect threatened, endangered and special status fish include:

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 Temporary impacts to water quality and sediment transport within the Mad River Slough due to construction of the canoe/kayak launching ramp. Implementation of the following Mitigation Measure 1 would ensure that the Proposed Action Alternative A, would not substantially impact or adversely affect threatened, endangered or special status fish. Mitigation Measure 1: Planned improvements will occur during the dry season in seasonal wetlands and will incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Amphibians and Reptiles Coniferous forest and freshwater wetland areas such as those mapped as riparian/ freshwater swamp (including Iron Creek and potentially the spring near the Ma-le’l North parking lot) and dune swales provide habitat for one special status amphibian, northern red-legged frog, and one special status reptile, northwestern pond turtle, both California Species of special concern. Activities associated with the proposed action that have the potential to adversely affect northern red-legged frog and northwestern pond turtle include:  Temporary impacts to water quality due to sediment transport in freshwater environments where northern red-legged frog and northwestern pond turtle could occur. This includes the potential for sediment transport associated with construction of the footbridge over the seasonal wetland in the nearshore dunes and the wetland view deck over freshwater/riparian swamp adjacent to Railroad berm Trail, both at Ma-le’l North. Implementation of the following Mitigation Measure 1 would ensure that the Proposed Action Alternative A, would not substantially impact or adversely affect special status amphibians and reptiles.

Mitigation Measure 1: Planned improvements will occur during the dry season in seasonal wetlands and will incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Herons and Egrets Four species of special status herons and egrets occur throughout the CMA, great egret, great blue heron, snowy egret and black-crowned night heron. Although these species are found all throughout Humboldt Bay, they primarily frequent areas of the CMA near marshes, freshwater/riparian swamp, and tidal mud flats associated with the Mad River Slough, and roost in the forest spruce trees. Adverse impacts to special status herons and/or egrets are not expected since the Plan proposes to minimize disturbance associated with increased public use including the

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installation of regulatory, boundary and directional trail signs, the decommissioning of various casual trails currently in use, symbolic fencing and monitoring of compliance with allowable public use policy through caretaker presence, law enforcement patrols, and BLM/USFWS staff field visits. These measures are expected to limit public access to heron and egret habitat occurring in the estuarine wetlands of the Mad River Slough, the understory of the coniferous forest and within the nearshore dunes. Activities associated with the proposed action that have the potential to adversely affect herons and/or egrets include:  The ongoing potential for disturbance associated with routine vegetation clearing to maintain an open trail corridor through the CMA,  The potential for disturbance to breeding birds associated with the expansion of the parking area at Ma-le’l North involving the removal of approximately eight young beach pines and the placement of crushed gravel. Implementation of the following Mitigation Measure 2 would ensure that the Proposed Action Alternative A, would not substantially impact or adversely affect herons and egrets.

Mitigation Measure 2: During the breeding season for birds likely to breed in the Ma-le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency and special management conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers.

Raptors Nine species of special status raptors occur throughout the CMA in association with different habitat types and include Cooper’s and sharp-shinned hawks, short-eared owl, northern harrier, white-tailed kite, merlin, peregrine falcon, bald eagle and osprey. Cooper’s and sharp-shinned hawks, short-eared owl, northern harrier, merlin and osprey are California Species of Special Concern. White-tailed kite, peregrine falcon and bald eagle are California Fully Protected species. Special status raptors are either known to occur or have the potential for occurrence within all of the habitats of the CMA. Adverse impacts to special status raptors are not expected since measures have been implemented to minimize disturbance associated with increased public use including the installation of regulatory, boundary and directional trail signs, the decommissioning of various casual trails currently in use, symbolic fencing and monitoring of compliance with allowable public use policy through caretaker presence, law enforcement patrols, and BLM/USFWS staff field visits. These measures are expected to limit public access to raptor habitat occurring in the estuarine wetlands of the Mad River Slough, the

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understory of the coniferous forest and native dune mat communities within the nearshore dunes. Activities associated with the proposed actions that have the potential to adversely affect raptors include:  The ongoing potential for disturbance associated with routine vegetation clearing to maintain an open trail corridor through the CMA,  The potential for disturbance to breeding birds associated with the expansion of the parking area at Ma-le’l North involving the removal of approximately eight young beach pines and the placement of crushed gravel. Implementation of the following Mitigation Measure 2 would ensure that the Proposed Action Alternative A, would not significantly impact or adversely affect special status raptors.

Mitigation Measure 2: During the breeding season for birds likely to breed in the Ma-le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency and special management conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers.

Shorebirds Two species of special status shorebirds occur in association with the beach habitat of the CMA, western snowy plover and long-billed curlew. Western snowy plover is federally threatened and long-billed curlew is a California Species of Special Concern. No adverse impacts to long-billed curlew are expected because the CMA does not contain suitable breeding habitat for the species, which breeds in upland short grass prairies and wet meadows. Although the status of western snowy plover within the CMA is unknown due to inadequate survey effort, suitable habitat for the plovers does occur within the back dunes. In addition, it is possible that current restoration and European beachgrass eradication activities will increase open sand in the nearshore dunes near the project area and may improve the habitat for western snowy plover. The CMA Public Access Plan incorporates measures that will insure plovers are not adversely impacted by the proposed project, including the implementation of a snowy plover monitoring program and immediate coordination with USFWS for protecting any breeding plovers that may be discovered as a result of increased survey efforts. Therefore, implementation of the proposed project is expected to have no impact on special status shorebirds.

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Landbirds Vaux’s swift, yellow warbler, black-capped chickadee, purple martin, willow flycatcher, and bank swallow are known to occur or have the potential to occur within the CMA, primarily in association with the coniferous forest and freshwater/riparian swamp. Vaux’s swift, yellow warbler, black-capped chickadee, and purple martin are California Species of Special Concern. Willow flycatcher is listed as endangered by the state of California and bank swallow is listed as threatened by the state of California. Activities associated with the proposed actions that have the potential to adversely affect special status landbirds include:  The ongoing potential for disturbance associated with routine vegetation clearing to maintain an open trail corridor through the CMA,  The potential for disturbance to breeding birds associated with the expansion of the parking area at Ma-le’l North involving the removal of approximately eight young beach pines and the placement of crushed gravel, Implementation of the following Mitigation Measure 2 would ensure that the Proposed Action, Alternative A, would not significantly impact or adversely affect raptors.

Mitigation Measure 2: During the breeding season for birds likely to breed in the Ma-le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency and special management conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers.

Aquatic birds Three special status aquatic bird species are known to occur or have the potential for occurrence within the CMA. These include California brown pelican and double-crested cormorant, known to frequent beach habitat in the CMA, and elegant tern with a high potential for occurrence, especially along the bayshore at the northeastern edge of the CMA. California brown pelican is both federally and state listed as endangered and is a California Fully Protected species. Double-crested cormorant and elegant tern are both California Species of Special Concern. No adverse impacts to special status aquatic birds are expected because the CMA does not contain suitable breeding habitat for California brown pelican (which nests offshore on coastal islands), double-crested cormorant (which nests on coastal cliffs, offshore islands and along lake margins within the interior of the state) or elegant tern (which is only known to breed in San Diego Bay, Los Angeles Harbor and Bolsa Chica Ecological Reserve).

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Implementation of the proposed project is expected to have no impact on special status aquatic birds.

Mammals Coastal coniferous forest within the CMA provides potentially suitable habitat for two special status mammals, white-footed vole and Sonoma tree vole. White-footed vole is a California Species of Special Concern. Sonoma tree vole is a Federal Species of Concern and California Species of Special Concern. The proposed project will not remove any suitable coastal coniferous forest habitat and thus adverse impacts to special status mammals are not expected. Further, the proposed management of public use, including the installation of regulatory, boundary and directional trail signs, decommissioning of various casual trails currently in use, symbolic fencing and monitoring of compliance with allowable public use policy through caretaker presence, law enforcement patrols, and BLM/USFWS staff field visits, is expected to limit public access to the forested dunes, likely resulting in a net benefit to potentially occurring white-footed and Sonoma voles. Adverse impacts to special status mammals are not expected since no potentially suitable habitat is to be removed and changes in public access are expected to result in a net benefit to the species. Implementation of the proposed project is expected to have no impact on special status mammals.

Alternative B: Multi-Use Throughout and Additional Improvements The additional public uses associated with this alternative are likely to result in greater impacts to sensitive biological resources compared to the preferred action. In allowing off-leash dog walking in the nearshore dunes at Ma-le’l North, ground disturbance from foot traffic within sensitive habitat areas and disturbance to wildlife is likely to be greater since unleashed dogs are not as easily controlled or directed as leashed dogs, and pedestrians may find it necessary to venture outside of the trail corridor to retrieve wandering companions. Opening the northern portion of the nearshore dune/coastal trail (Latkak) on Ma-le’l South for equestrian use may similarly result in an increase in ground disturbance within the nearshore dunes by establishing a wider trail corridor to accommodate the horses. Extending the equestrian trail also reduces the buffer between existing equestrian use areas and sensitive habitat areas further north where this activity does not occur.

Connecting Ma-le’l South and Ma-le’l North with a pedestrian trail through the nearshore dunes would likely result in greater and less mitigatible impacts to endangered plant populations and native dune mat habitat as opposed to the proposed plan, which directs pedestrians to walk northward along the wave slope from the end of the coastal dune trail/Latkak Trail at Ma-le’l South to access the open dune trail (Ki’mak) at Ma-le’l North (or visa versa). By directing pedestrians to use the wave slope as opposed to the nearshore dunes, ground disturbance associated with foot traffic is diverted away from habitats that support endangered plant populations.

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Alternative C: Protection and Restoration The Protection and Restoration Alternative would limit public use throughout the entire Ma-le’l Dunes CMA to pedestrian use only with permit and via docent-led tours in order to protect natural and cultural resources.

No adverse impacts to federally listed species were identified under Alternative C. Limited public access allowed by special permit and via docent-led tours and field trips is expected to provide for the protection of biological resources by ensuring that visitors to the CMA avoid endangered plant populations and sensitive habitat areas. Limiting public access, along with continued management of the CMA through habitat restoration, is expected to benefit sensitive populations of rare, threatened and endangered plants and animals and natural communities more than the proposed plan. Impacts would be limited to those associated with routine maintenance of trail corridors. However, the implementation of Mitigation Measure 2 would ensure that Alternative C would not cause substantial impact or adverse affect to biological resources.

No Action Alternative (Alternative D) In the No Action Alternative the current situation, as described in Site History and Current Uses of the public Access Plan, would continue and pedestrian trails and beach access through the nearshore dunes (where biological species of concern are present) would not be delineated or marked. Access to Ma-le’l North would continue to be limited to monthly walks and by special permit. In addition, pedestrian trails and beach access throughout the nearshore dunes of Ma-le’l North would also remain undelineated and unmarked. Parking at the Pacific, Gas, and Electric power tower trail would continue to pose potential pedestrian – vehicular conflicts. The access road to Ma-le’l North and associated parking lot would not be improved and signage would not be installed. Trails through the forest and to beach access points would remain unmarked, unsigned, and in some cases, might pose risk to the public due to the dilapidated condition of trails, steps and rails and the wetland view deck. Remnant fence posts and wiring would continue to pose tripping hazards to the public. The No Action Alternative would not address the Plan goal of providing public access to Ma-le'l North. Although USFWS would continue to manage for endangered plants within Ma-le’l North, threatened, endangered, and special status species may not be afforded the same protection in Ma-le'l South because the signing program, fencing, decommissioning of casual trails, monitoring of compliance through caretaker presence proposed under Alternative A would not be implemented. Biological resources located within Ma-le'l South may also be less protected because of the lack of caretaker presence. Illegal entry to Ma-le'l North would continue to pose a potentially substantial threat to biological resources because unauthorized visitors would continue to use a vast network of casual trails throughout the Plan area. In addition, the No Action Alternative D would cause on- going minor impacts to native vegetation, breeding birds, herons and/or egrets, raptors and land birds due to routine vegetation clearing required to maintain an open corridor for open public access in Ma-le'l South, and permit and docent led entry in to Ma-le'l North.

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3.5 Cultural Resources This section describes the cultural resources within the Ma-le’l Dunes CMA properties.

Regulatory Setting Under California law, cultural resources are protected by the California Environmental Quality Act (CEQA) as well as Public Resources Code Section 5024.1, which established the California Register of Historic Places. Section 5024.5 requires state agencies to provide notice, and to confer with State Historic Preservation Officer (SHPO) before altering, transferring, relocating, or demolishing state owned historic resources. To determine if a Plan or project would have significant impacts on cultural resources, CEQA applies a two part test; the resources must be “historically significant” and the would cause “substantial adverse change” to the resource (Bass et al 1999:103). In order to qualify as a historically significant, a resource must meet one of three qualifications3: 1. It can be listed in, or eligible for, the California Register of Historical Resources 2. It can be considered historically significant if it is listed in the local register or historic resources, or if it has been identified as significant in a cultural resources survey, or 3. It can be considered significant if the Lead Agency responsible for CEQA/NEPA review determines it to be so, bases on substantial evidence in light of the whole record. Likewise, the Section 3.18 Humboldt County General Plan, California Coastal Act, and Humboldt Bay Area Plan- Local Coastal Program requires any project activities that would impact archeological resources identified by SHPO to be reasonably mitigated for. Under Federal law, cultural resources are protected by the National Historic Preservation Act as amended. The Native American Graves Protection and Repatriation Act (NAGPRA) addresses the rights of lineal descendent, Indian Tribes, and Native Hawaiian organizations to Native American human remains and certain cultural items with which they are affiliated, and directs federal agencies and federally assisted museums to identify and repatriate the cultural affiliation of Native American human remains and related cultural items in holding or collections under their control.

Affected Environment The proposed Ma-le'l Dunes CMA and Humboldt Bay with its north and south enclosing peninsulas is completely within the ethnographic territory of the Wiyot Indians and has been in use by people for over a thousand years. The Wiyot Indians were divided into three groups whose present descendants live in the area around Humboldt Bay; their are interests are represented by Table Bluff Reservation - Wiyot Tribe, Bear River Band of Rohnerville Rancheria, and Blue Lake Rancheria.

3 These guidelines are modeled on the National Register.

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The Ma-le'l Dunes CMA coastal and bay margin setting and its wide range of natural resources including flora, fauna, and fresh water, have made it attractive to human habitation. Cultural resources within the Plan area range from Wiyot village sites, camps, and activity areas to evidence of historic era settlements related to ranching, the timber industry, recreation, and environmental conservation efforts associated with coastal dunes habitat. Archaeological and ethnographic investigations have taken place in the area of Ma-le'l Dunes from the early 1900's to the present (Coy, 1929; Elsasser, 1965; Elsasser, 1966; Elsasser, 1978; Elsasser and Heizer, 1966; BLM, 1976; Kroeber, 1925; BLM, 1988; BLM, 1991; BLM, 1992; BLM, 2004; Angeloff, et al, 2004). As a result of these research efforts, twelve (12) pre-Contact Wiyot and Old Nation use areas have been identified, several isolated stone tools have been found and recorded, and several historic places have been located within the Plan area. Natural erosion, time, and recreational uses are the major adverse conditions affecting the prehistoric and historic cultural resources situated within the Ma-le'l Dunes CMA. Past impacts from off-highway vehicles in the foredunes have effaced, dispersed, and destroyed the fragile cultural activity areas located there. Archaeological test excavations at several of these sites have recovered scant information. Consultation with the Wiyot Tribe of Table Bluff Reservation has resulted in the recognition of Ma-le-l Dunes as a place for gathering natural resources both for use as part of their subsistence and for traditional cultural practices such as basket weaving. Extra care would be exercised in protecting the cultural resources from further damage and consultation with the Wiyot tribe should continue so access to traditional gathering areas are allowed and the Wiyot people can be more involved with their heritage.

Environmental Consequences

Alternative A: Proposed Plan Public access trails to be delineated as per the proposed public Access Plan were routed around cultural resources with the assistance of the Table-Bluff Reservation Wiyot Tribe Cultural Resources Specialist and in such a way to minimize resource impacts. Under the proposed Plan, casual trails to pre-historic resources of special interest to the Wiyot Tribe would be decommissioned and re-vegetated with native plants and/or brushed with vegetative materials. More foot traffic would be allowed near the cultural areas that could lead to adverse effects. On the positive side, the Wiyot people would have more access for traditional gathering and could be involved in monitoring and protecting their heritage values. The proposed presence of the public and a caretaker would deter vandalism at the sites. The Plan proposes a public education and signing plan to be developed cooperatively by BLM and USFWS for the Ma-le’l Dunes that would foster appreciation and understanding, inspire stewardship, and convey management goals and regulatory restrictions relevant to the area. In addition, the joint logo to include both agency logos as well as a unifying design element, such as a Wiyot basket pattern, indicative of the

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cultural significance of the area would foster appreciation and respect of cultural resources. The main interpretive theme of the area, which is proposed to be: “The Ma-le’l Dunes is a culturally significant place to the Wiyot people who have a long history of habitation in the area and of making use of the area’s diverse and abundant resources”, the proposed trailside interpretive signs that would convey this message as well as several sub-themes, the proposed Wiyot trail names to be finalized with the consultation of the Wiyot Tribe, the proposed educational field trips to the area, and the proposed trail map/brochure containing interpretive information regarding the cultural values of the area and regulatory restrictions would further appreciation and respect of cultural resources within the Plan area. The remnants of the historic Hammond Lumber Company's railroad grade along the slough margin of the Plan area would be used as the proposed Ma-le’l Road and ADA access trail and erosion along the railroad berm would be addressed through a variety of erosion control measures such as placement of geotextile, fill, native planting and hard armoring. The implementation of the following mitigation measures would ensure that Alternative A Proposed Action would not significantly impact or adversely affect cultural resources of the Plan area. Mitigation Measure 7: In the event any undiscovered paleontological, archaeological, ethnic, or religious resources are encountered during grading or construction-related activities, in compliance with the state and federal law, all work within 100 feet of the resources shall be halted, the archaeologist for the land managing agency will be contacted, and the Plan applicants shall consult with a registered professional archaeologist and designated representatives of the Wiyot Tribal Governments to assess the significance of the find and formulate further mitigation. This would include coordination with the Native American Heritage Commission. The Native American Heritage Commission would contact the Wiyot Tribal Governments, as deemed necessary, to assist in assessing the significance of any find. If any find is determined to be of significance, the BLM , FWS, and appropriate representatives of the Wiyot Tribal Governments would meet to determine the necessary course of action. Pursuant to the California Health and Safety Code Section 7050.5, if human remains are encountered, all work would cease and the County coroner would be contacted. The county coroner and Native American Heritage Commission would be charged with determining if the human remains are of Native American origin. Mitigation Measure 8: Cultural monitors will be present during initial, native soil disturbance activities that occur at locations mutually agreed upon by the Wiyot Tribal Governments, USFWS, and BLM (as necessary) as areas of the greatest concern, as determined through the process outlined in Mitigation Measure 10. Mitigation Measure 9: Regulatory signing would state that in accordance to federal and state laws, destruction, and defacement of historical objects (Penal Code 655-1/2 and Antiquities Act) and relevant federal law) and removal of human remains (California Public Resources Code (PRC) 5097.5, PRC 70550.5, California Code of Regulations (CCR) Section 15064.5(e) and Archaeological Resources Protection Act (ARPA) at 43 CFR 7, Native American Graves Protection and Repatriation Act (NAGPRA at 43 CFR

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10) relevant federal law) is a punishable crime. Undesignated canoe and kayak landings located on the slough and within the project boundary would be re-vegetated and signed "No Landing/Re-vegetation in Progress."

Mitigation Measure 10: As necessary, USFWS, BLM and the Wiyot Tribal Governments would work collaboratively with a registered professional archaeologist to prepare a baseline review of the cultural resources that the Tribe and agency staff mutually agrees upon as the areas of greatest concern. Thereafter annual review with a registered professional archaeologist and designated representative of the Wiyot Tribal Governments would occur. Furthermore, Ma-le’l Dunes CMA managers would conduct regular monitoring to ensure against vandalism of cultural resources within mutually agreed upon areas of greatest concern. Results of cultural resources monitoring would be conveyed to the appropriate agencies and the Tribes.

Alternative B: Multi-use Throughout and Additional Improvements The result of this alternative on cultural resources would be similar to Alternative A except heavier foot traffic throughout the CMA would be expected by the public, which could lead to substantial adverse impact on archaeological sites and traditional activity areas.

The implementation of mitigation measures 7 through 9 would ensure that Alternative B: Multi-Use Throughout would not substantially impact or adversely affect cultural resources of the Plan area. Additionally, mitigation measure 10 would ensure additional protection to the cultural resources of the Plan area.

Alternative C: Protection and Restoration This alternative would isolate the cultural properties in Ma-le’l North and limit the access in Ma-le’l South. This would likely result in cumulative adverse impacts to cultural resources as looters, vandals, and casual collectors would be able to conduct their nefarious activities in the absence of a watchful public.

The implementation of mitigation measures 7 through 9 would ensure that Alternative C: Protection and Restoration would not substantially impact or adversely affect cultural resources of the Plan area.

Alternative D: No Action The No Action alternative would leave cultural resources and Native American concerns in a status quo situation. Natural erosion, illegal activities, existing trails, and conditions would continue and possibly accelerate. Native Americans would have difficulty in accessing the area for traditional purposes and would not be involved to any extent in the management of heritage values. The cumulative impacts of the No Action Alternative would be negative with cultural resources ultimately being adversely affected and possibly disappearing altogether over time..

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3.6 Geology and Soils This section describes the geology and soils of the Ma-le’l Dunes CMA properties.

Regulatory Setting The California Coastal Act of 1976 developed policies to minimize laws protect life and property in areas of high geologic hazards. These policies require projects/plans to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs or cliffs. [CA Coastal Act, Pub. Res. Code §30253]

Affected Environment

Geology The Humboldt Bay Region and the Plan area is located within Seismic Hazard Zone 4 as defined by the Uniform Building Code (UBC) with four being the highest risk. The regional geography of the Humboldt Bay Area is characterized by the junction of the North American, Pacific, Gorda, and Juan de Fuca plates, which is a series of gently to steeply sloping uplifted marine terraces and northwest trending ridges dissected by moderately to deeply incised drainages in upland areas. Humboldt Bay Area is also in the Eureka Plain Hydrologic Unit, which lies within the Coast Range Geomorphic province. The Eureka Plain Hydrologic Unit is characterized by steep mountainous terrain underlain by older marine sediments, which are overlain by younger terrigenous and marine sediments and deeply incised drainages and valleys with modest amounts of alluvium. This geological setting of the Humboldt Bay Area is characterized by formation of the basement rock of the Cretaceous Central Belt Franciscan Complex. The Central Belt Franciscan consists of broken and sheared sandstone, shale, and smaller amounts of chert, greenstone, serpentine and blueschist. Over the Franciscan formation lies the Tertiary Yager Formation, which consists of moderately well consolidated siltstone, sandstone, mudstone, silty shale, conglomerate and is highly sheared in some areas. The Mio- Pleistocene Wildcat Group overlies the Yager formation and consists of poorly to moderately indurated blue gray clayey siltstone with smaller amounts of sandstone, conglomerate, and thin volcanic ash beds that tends to coarsen upward. The Wildcat is massive to poorly bedded, folded, and compact. Overlying the Wildcat formation in the Quaternary Hookton Formation that consists of well-to-poorly sorted, gently folded nonindurated marine grading to nonmarine sands, silt, and gravel with rare fine volcanic ash beds. The Wildcat and Hookton Formations form the upland areas surrounding Humboldt Bay.

Geomorphology The Ma-le'l Dunes CMA consists of a portion of the dune-slough ecosystem that comprises the upper Samoa Peninsula, or North Spit. The Samoa Peninsula is a roughly

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20-mile sand spit that extends from the jetty to the mouth of the Mad River, effectively enclosing the northern portion of Humboldt Bay. The North Spit is a relatively mature dune system that contains a diversity of landforms. Typically, the dune system begins at the beach with a foredune, which is a ridge of sand parallel with the beach above the mean high tide. Behind the foredune is a series of dunes ridges and dune swales that are oriented parallel to prevailing wind direction, and/or a wide deflation plain at the base of the moving dunes. Collectively, the foredune, dune ridges, and dune swales are often referred to as the nearshore dunes. The deflation plain grades into large parabolic moving dune. Moving dunes end in a steep precipitation ridge where they abut older dunes stabilized by coniferous forest (Pickart, 1998). At the Ma-le’l North portion of the CMA stabilized, forested dunes descend towards the Mad River Slough marshes, mudflats and open channel (See Figure 8. Site Topographic Map).

Seismic Settings The project area is located in area of high seismic hazards. The North Coast of California, consisting of the region from Cape Mendocino in Mendocino County to the Oregon border, is situated on the North American Plate. The project area is located in Humboldt County, which is situated seismically in the middle of this region. The Cape Mendocino region, located south of the project area, sits near the triple-junction of the North American, Gorda, and Pacific Plates. The Gorda Plate is a slab of oceanic crust being subducted underneath (thrust beneath) the North American Plate and extends north from Cape Mendocino to just north of the California-Oregon border. The juncture of these three plates makes the North Coast of California one of the most seismically active regions in the contiguous United States. Since 1983 the region has generated about 80, larger than 3.0 quakes each year, and historically the region has experienced major quakes.

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CMA boundary lines represent lands owned by BLM and USFWS. The project area under review for the purposes of compliance with CEQA and NEPA includes the mainland properties only, and does not include the salt marsh islands owned by USFWS. The future uses of the salt marsh islands will be evaluated through the separate Federal CCP process underway by USFWS.

Figure 8. Topographic Map of the Ma-le’l Dunes CMA

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The Humboldt County is within Seismic Hazard Zone 4 as defined by the Uniform Building Code (UBC) with four being the highest risk zone. Development near active faults is regulated under the Alquist-Priolo Earthquake Fault Zoning Act (1972) in order to mitigate hazards related to surface fault rupture. Faults included in the act are considered active if paleoseismic evidence indicates movement in the fault within Holocene time (i.e. approximately the last 11,000 years). Earthquake hazards include the potential for ground shaking, liquification, uplift or subsidence, and load-induced settlement and differential settlement. There are no known faults passing through the project area and no faults included within the States Alquist- Priolo Earthquake Fault Zones. However, faults may cause localized areas of the Humboldt Bay region to experience uplift or subsidence. Studies at Clam Beach (Clarke and Carver, 1992), approximately 10 miles north of the project area indicate that two episodes of uplift, probably related to earthquakes on the Cascadia Subduction Zone and/or the North American Plate, have raised the beach area at least nine feet during each episode. Evidence suggests that the Mad River Slough has experienced episodes of subsidence that may also coincide with Cascadia Subduction Zone and/or North American Plate earthquakes (Vick, 1988). Impacts are unpredictable due to the variable nature of seismic episodes.

Environmental Consequences

Alternative A: The Proposed Plan The Proposed Plan includes very few structures that have the potential to cause property damage or loss of human life. The only proposed upright structures other than the occasional kiosk and low fencing is a vault toilet, and a viewing deck. The potential for property damage and loss of human life associated with seismic events would be less than substantial with the proper engineering of the proposed structures. Engineering of the proposed structures would be constructed to comply with Zone 4 requirements using the latest edition of the California Building Code (CBC). The vault toilet at the Ma-le’l north parking area would consist of one stall, 1,000-gallon vault capacity, and ADA accessible. The toilet would be prefabricated and would already be engineered to withstand seismic events. Additionally, the Plan area is not located on any known earthquake faults. The Plan area is in an area is subject to landslides due to the nature of moving sand dunes, which have large elevation changes. Additionally, soils are susceptible to soil erosion and general instability. The proposed Plan would not result in the loss of topsoil or cause substantial soil erosion due to the fact that most trails outlined in the access Plan consist of existing trails and casual trails that would be re-vegetated. All new trails would be designed to prevent loss of topsoil and soil erosion and proposed infrastructure would not be built on soils that are susceptible to landslide or have large elevation changes. One existing trail, the railroad berm trail, which is located adjacent to the Mad River Slough has some soil erosion. Erosion control methods along the railroad berm trail are addressed in the Access Plan.

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Alternative B: Multi Use Throughout and Additional Improvements Under Alternative B the risks associated with seismic events to the proposed structures and human life would be the same as Alternative A: The Proposed Plan. Additionally, all structures would be engineered to comply with Zone 4 requirements using the latest edition of the California Building Code (CBC). However, Alternative B could contribute to additional erosion or landslides to the Ma-le’l CMA associated with the pedestrian trail connecting Ma-le’l South and Ma-le’l North along the nearshore dunes, the off trail vegetative gathering, and the off trail usage throughout Ma-le’l South. The proposed pedestrian trail would be designed to prevent the loss of topsoil and soil erosion and would be located in areas that would not be susceptible to landslide or have large elevation changes. The proposed off trail vegetative gathering and pedestrian use could potentially cause casual trails to form throughout the Ma-le’l South. Casual trails could cause substantial soil erosion to occur due to the fact that much of the soil and topography in the CMA is subject to landslides, general instability, and large elevation changes.

Alternative C: Protection and Restoration Alternative C: Protection and Restoration includes very few structures that have the potential to cause property damage or loss of human life. The only proposed upright structure is the wetland viewdeck. This structure will be engineered to conform with Zone 4 requirements using the latest edition of the California Building Code (CBC).

Additionally, Alternative C would potentially reduce the soil erosion within the Ma-le’l CMA due to the fact that equestrian and dog use would not be allowed on trails and new pedestrian trails would not be open to the public. However, Alternative C would not address erosion control along the railroad berm trail.

Alternative D: No Action The No Action Alternative would expose people to the hazards associated with seismic events including ground shaking and liquefaction. However, the No Action Alternative would not construct any structures that could pose a hazard to human life during a seismic event. The No Action Alternative would be subject to landslides, as discussed under Alternative A. However, the No Action Alternative could possibly result in additional loss of topsoil or soil erosion in the Plan area because no erosion control methods or trail maintenance would be conducted. For instance, existing trails such as the Railroad berm trail, which suffers from soil erosion in some locations, would continue to erode with the continued occasional use of the trail. In addition, other existing trails could begin to suffer from more significant soil erosion and loss of topsoil without the erosion control and re- vegetation plans proposed in the Access Plan. 3.7 Hazards and Hazardous Materials This section describes the hazards and hazardous materials of the Ma-le’l Dunes CMA properties.

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Regulatory Environment Hazardous materials are regulated by many state, federal, and local laws. These include not only specific statutes governing hazardous waste, but also a variety of laws regulating air and water quality, human health and land use. These state and federal laws include:

 Resource Conversation and  Toxic Substances Control Recovery Act of 1976 Act (RCRA)  California Health and Safety  Comprehensive Code Environmental Response,  CEQA Compensation, and Liability Act of 1980  NEPA  Community Environmental  County of Humboldt General Response Facilitation Act of Plan 1992  Humboldt Bay Area Plan-  Clean Air Act Local Coastal Program  Clean Water Act  Humboldt Bay Management Draft Plan  Safe Drinking Water Act  Occupational Safety and Health Act

Affected Environment The Ma-le’l Dunes CMA does not contain any significant amounts of hazardous materials or contaminates that are adversely affecting the Plan site. This was determined after a Targeted Brownfields Phase 1 Assessment Report was performed throughout the Plan Site. The report conducted site visits, record reviews of agencies, and database searches. The Phase 1 report concluded that there were no hazardous materials located on the site; however, the former Buggy Club parcel located in Ma-le’l South contain a few buried cars littered throughout the property. The existence of the buried cars resulted in BLM conducting additional soil and groundwater sampling of the affected area. These tests concluded that the groundwater contaminant levels were below maximum contaminant levels and that soil samples were below EPA preliminary remediation goals for residential soils. No further testing on the site has been completed to date. Additionally, the Ma-le’l CMA does not contain any commercial/or private airstrips within the vicinity of the Plan area. The Ma-le’l CMA is located within the Humboldt and Del Norte Counties 1995 Planning Scenario areas likely to be impacted from the event of a tsunami. Geologic history indicates that the regional geography of the Plan area is susceptible to locally generated tsunamis and tsunamis generated by transoceanic events. Local evidence of paleoseismic

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and paleotsunami activity near the project area was collected along the Samoa Peninsula and the surrounding Humboldt Bay area. Local evidence was collected through a series of three studies completed by Vick (1988), Jacoby et al. (1995), and Leroy (1999). Local paleoseismic evidence was collected in the buried wetlands of Mad River Slough area (Vick, 1988 and Jacoby et al., 1995). Investigations identified zones where local coseismic (accompanying an earthquake) subsidence has occurred. The investigations determined that the Samoa Peninsula has not been overtopped by a tsunami. This was determined after investigations indicated that there was not a clean sand layer at the base of the younger wetland deposits and overlying older, buried wetland deposits adjacent to the forested dunes along the Samoa Peninsula. Leroy (1999) interprets that the older dune sequences were of sufficient elevation to have prevented overtopping. The older dune sequences are located in the northern and central portion of the Samoa Peninsula. The older dunes are typically forested, with maximum elevations of about 90 feet (21 m) above mean low sea level. Leroy reports of paleotsunami evidence of overtopping in the dune complex in localized areas of the Samoa Peninsula, along the low-lying areas in the Humboldt Bay area, adjacent to the South Spit were overtopped by a tsunami. The average elevations of the dunes overtopped by a tsunami were an average of about 15 feet (approximately 4.5 m) and a maximum elevation of about 20 feet (approximately 6 m). The present height of the tallest foredunes at the Ma-l’el CMA is a approximately 90 ft. The Ma-le’l CMA nearshore dune complexes directly facing the Pacific Ocean have a high susceptibility to be directly affected by a tsunami. The remaining areas have a lower probability of being directly affected by tsunami hazards. The nearshore dunes of the Ma- le’l CMA would be directly affected by the primary/direct affects of a tsunami, which includes flooding from high water, buoyant forces, liquefaction of near-surface soils. The secondary/indirect effects of tsunami consist of impact by water-borne debris, fire and access disruption. The Redwood Gun Club (RGC) is non-profit, private firing range facility that owns approximately 45 acres adjoining the Ma-le’l Dunes CMA and maintains deeded access along the access road (Ma-le’l Road), which is owned by USFWS. The firing range is open to local community members on Saturdays and Sundays 10 a.m. to 4 p.m. and is used occasionally during weekdays by local law enforcement teams. RGC serves as venue to learn proper firearms handling, hunter safety, firearms marksmanship, and practice the various competitive shooting disciplines. RGC has a long history of consistent management, rules are strictly enforced, and safety is paramount. Two firing areas (one long range and one short range) exist near the center of the property within a bowl shaped dune formation. The firing ranges within the property are clearly delineated with prolific signing; the firing areas are devoid of standing vegetation but surrounded by impenetrable riparian wetland thickets. Antiquated signing for RGC is located near the Pacific, Gas, and Electric power tower (near the foot of the Ma-le’l access road) and outside the nearby, currently locked gate. The property has an entrance gate (located along Ma-le’l Road) but signing at the entrance is absent; post and wire fencing exists in reasonable condition around the property perimeter and where fencing is sparse, the property is impenetrable due to riparian wetland thickets. “Do Not Enter” signs are posted within sight distance apart on the fencing along the Ma-le’l Road and along the western boundary, and intermittently in other locations along the property line.

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Environmental Consequences

Alternative A: Proposed Plan

Hazardous Materials The proposed Plan would not expose people or the environment to any long-term risks associated with hazardous materials or emission of hazardous materials. The proposed Plan would require the handling of minimal amounts of hazardous materials during construction of the proposed projects. Typical construction-related materials, such as fuels and oils, would be used during construction. Construction workers may therefore be exposed to dust or emissions containing these materials. Standard construction procedures would be implemented to reduce the emissions of dust or other pollutants during the proposed Plan. If potentially contaminated areas are encountered during construction qualified personnel would evaluate the area in the context of applicable local, state, and federal regulations governing hazardous waste. Handling and storage of fuels, flammable materials, and common construction-related hazardous materials are governed by California Occupational Safety and Health Administration (Cal/OHSA) standards for storage and fire prevention. The impact from temporary construction related hazards are considered minor.

Hazards from Airstrips The proposed Plan would not result in a safety hazard to people associated with airstrips due to the fact that the Plan area is not located near an airstrip. Additionally, the proposed Plan would not impair emergency response to the area because the construction-related activities would be located off the primary road network.

Hazards from Wildland Fires and Tsunamis The proposed Plan would not expose people or structures to a risk of wildland fires because the Plan area does not contain nearby urbanized areas or flammable wildlands. Any potential increase in fire hazards due to construction activities at the Plan site would be minimized because construction staff would adhere to all rules and regulations regarding the handling and storage of fuels and flammable materials. The proposed Plan would expose people to the risks associated with the event of a tsunami. The event of tsunami would primarily affect people that would be located on the nearshore dune complexes directly facing the Pacific Ocean. A tsunami striking other areas in the Ma-le’l CMA would have to overtop the approximate 90ft elevations of the dune complexes, although consequent rapid sea level rise would occur along the slough as the bay level rose. Evacuation from the project site is the only viable means for protecting human life, but would be dependent on the lag time between earthquake or early warning and tsunami. In the event of no warning, preservation of human life would be most assured by people climbing to the highest dunes. The nearest point above the likely tsunami flooding level is the top of the nearshore dunes which, at 90ft appear to represent a reasonable protection from tsunami inundation. There is currently a plan to

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prepare a tsunami response plan that will include the project area. This plan will be prepared in conjunction with the office of Emergency Services to develop a response plan that would address the style and location of tsunami signing and posting for specific evacuation routes, as well as integrate the caretaker into evacuation activities. The Ma- le’l Dunes CMA Access Plan includes as a part of the project signage for visitor information including public safety and tsunami warnings. These signs will be installed at main parking lot kiosks as a planned element of the project, and will be revised and/or replaced to be consistent with a tsunami response plan, when it is complete.

Hazards from Proximity to Firearms Range The proposed Plan would not expose people to the risk of firearms associated with the Redwood Gun Club because the area where firing occurs is small and centrally located relative to the total area of the property, firing occurs more than 400 feet from the entrance of the RGC and more than 1000 feet from other property lines, access to the property is limited by fencing, high dunes, and/or dense wetland vegetation, and rules at the club are strictly enforced. Furthermore, access to the two on-site firing ranges within the property is limited by dense wetland vegetation and signing near the firing ranges is prolific. The two firing ranges are located in a large bowl shaped dune with high ridges, which although surrounded by dense vegetation, is devoid of standing vegetation that provides clear sight distance. The long range firing area extends across low laying swampy area that is inaccessible and ends at the side of a dune, which is in turn surrounded by a large a riparian swamp. The short range firing area has targets also backed by a dune and large riparian swamp. In addition, the proposed Plan stipulates that additional signing be placed at RGC entrances and along property boundaries and that information about RGC be included at kiosks and in interpretive brochures. For these reasons, bullets from the long or short firing ranges would not stray into area of the Ma- le’l Dunes CMA property. Furthermore, visitors to the Ma-le’l Dunes CMA would not be able to wander unaware onto the site and be exposed to the risk of firearms.

Alternative B: Multi-use Throughout and Additional Improvements

Hazardous Materials The potential impacts associated with hazardous materials would be essentially the same as Alternative A. However, Alternative B would expose people to additional short-term hazards associated with construction activities, especially during the paving of the access road. These additional impacts are considered minor.

Hazards from Airstrips The hazards associated with airstrips will be the same as described in Alternative A.

Hazards from Wildland Fires and Tsunamis The hazards from wildland fires will be the same as described in Alternative A. Alternative B will expose additional people to the risks associated with tsunamis due to the proposed delineated trail from Ma-le’l South to Ma-le’l North along the nearshore dune complex. Evacuation from the project site is still a viable mitigation measure to protect human life. The nearest point above the likely tsunami flooding level is the top of

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the nearshore dunes. Signage at the parking areas would address all safety requirements for the risks associated with a tsunami.

Hazards from Proximity to Firearms Range The hazards associated with the proximity to a firearms range would be the same as described in Alternative A.

Alternative C: Protection and Restoration

Hazardous Materials Alternative C would not expose people to long term or short term hazardous because there would be no construction activities and there are no hazardous materials located within the project site.

Hazards from Airstrips The hazards associated with airstrips will be the same as described in Alternative A.

Hazards from Wildland Fires and Tsunamis The hazards associated with wildland fires and tsunamis will be the same as described in Alternative A.

Hazards from Proximity to Firearms Range Alternative C would not expose people to risks associated with the proximity of a firing area because of those reasons described in Alternative A. In addition, visitors to Ma-le’l North would not be exposed to such risks because they would enter Ma-le’l Road and the Ma-le’l North area only with a docent or guide.

Alternative D: No Action

Hazardous Materials The No Action Alternative would not expose people to long term or short term hazardous materials because there would be no construction activities and there are no hazardous materials located within the project site.

Hazards from Airstrips The hazards associated with airstrips would be the same as described in Alternative A.

Hazards from Wildland Fires and Tsunamis The hazards associated with wildland fires and tsunamis would be the same as described in Alternative A.

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Hazards from Proximity to Firearms Range Although signing would not be improved and educational information not provided to visitors under Alternative D, people would not be exposed to risks associated with the proximity of a firing area because of the existing conditions of the site described under Alternative A. Furthermore, visitors to area would not be exposed to risk because they would enter Ma-le’l Road and the Ma-le’l North area only with a docent or guide. 3.8 Hydrology & Water Quality This section describes the current hydrology and water quality of the Ma-le’l Dunes CMA properties.

Regulatory Setting The primary federal law regulating "waters of the United States" and "wetlands" is the U.S. Environmental Protection Agencies Code of Federal Regulations (CFR) (40 CFR 122.2(a) through (g)). Because wetlands and creeks are included under this definition of waters of the United States, their water quality must be protected to meet the mandate of the Clean Water Act articulated in section 101(a), "to restore and maintain the chemical, physical, and biological integrity of the nation's waters." The protection and enhancement of water quality must address not only the water chemistry, but also the multiple elements, including aquatic life, wildlife, habitat, vegetation, and hydrology, that together make up aquatic systems. Therefore, relevant issues to address with respect to wetlands and creek protection can include the toxicity and bioaccumulation of pollutants, entrapment of pollutants in sediment, and hydrologic changes (U.S. EPA, 1996). Due to the fact that the Plan area is located within a floodplain the Federal Emergency Management Agency (FEMA) is the federal agency charged with regulating and implementing policies related to the National Flood Insurance Program (NFIP) as well as providing guidance floodplain management and the protection of wetlands. The Floodplain Management and Protection of Wetlands section of the Federal Code of Regulations (44 CFR Section 9.2) states that it is FEMA’s environmental review policy to:

1. Avoid long- and short-term adverse impacts associated with the occupancy and modification of floodplains and the destruction and modification of wetlands;

2. Avoid direct and indirect support of floodplain development and new construction in wetlands wherever there is a practicable alternative;

3. Reduce the risk of flood loss;

4. Promote the use of nonstructural flood protection methods to reduce flood loss risk;

5. Minimize the impact of floods on human health, safety and welfare;

6. Minimize the destruction, loss or degradation of wetlands;

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7. Restore and preserve the natural and beneficial values served by floodplains;

8. Preserve and enhance the ‘natural’ values of wetlands.

The California Coastal Act protects the biological productivity and quality of coastal waters, streams, wetlands, and estuaries and lakes and maintains the optimum populations of biological organisms (Policy # 30231). To protect biological productivity of these waters adverse affects from waste water discharges shall be minimized, control runoff, prevent depletion of ground water supplies and substantial interference surface water flows, maintain natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. The North Coast Regional Water Quality Control Board (NCRWQCB) also has jurisdiction over the Plan area. The Basin Plan (composed by the NCRWQCB) includes a Water Quality Control Plan for the Enclosed Bays and Estuaries of California, and a specific Action Plan for Humboldt Bay (Water Quality Control Plan for the North Coast, 1996). The Action Plan for Humboldt Bay requires surveillance and monitoring; review and assessment of land use activities; and Regional Board coordination with other state and local agencies with regard to protecting water quality in Humboldt Bay. In order to assure protection of waters in Humboldt Bay, the Regional Board closely monitors construction and industrial activities that could potentially impact water quality. The basic strategy adopted in the Basin Plan is to prohibit uses and activities that would degrade the “beneficial uses” designated for waters covered by the Plan. Each major hydrologic unit has a specific listing of designated beneficial uses in the Basin Plan. The following are beneficial uses of Humboldt Bay, the Pacific Ocean, and area groundwater (NCRWQCB, 1993).

The beneficial uses of Humboldt Bay include:  industrial service supply  marine habitat  navigation  migration of aquatic organisms  water contact recreation  spawning, reproduction, and/or early development of fish  non-contact water recreation  shellfish harvesting  commercial and sport fishing  estuarine habitat  wildlife habitat  preservation of rare, threatened or endangered species

Furthermore, the Humboldt County General Plan has policies regarding hydrology and water quality (Policies # 3361.1, 3361.2, and 4235.2). The general plan policies ensure that the long-term values of water resources in Humboldt County are protected. Therefore, all natural drainage ways shall be utilized consistent with the streamside

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management policies. Humboldt County also participates in the Federal Flood Insurance Program to regulate land uses in flood hazard areas in order to minimize loss of life and property, and in order to minimize public flood-related expense.

Affected Environment The Plan area is located on the North Spit of Humboldt Bay (also known as the Samoa Peninsula) with the Mad River Slough and Humboldt Bay lying to the east and the Pacific Ocean lying directly to the west. Humboldt Bay is the dominant water body in the project area. Several large creeks and Elk River discharge into Humboldt Bay, and during the rainy season the creeks and Elk River contribute urban and industrial runoff, as well as significant amounts of sediment. Water quality in Humboldt Bay is influenced by storm water runoff from urban and industrial development, discharges of treated wastewater effluent farming, timber harvesting, and natural areas that surround the bay as well as the creeks and Elk River. The hydrogeologic conditions around the bay are characterized by the nearshore geology that includes varying soil types consisting of bay mud, peat, silts, sands, and gravel. Groundwater quantity and quality in the area surrounding Humboldt Bay is influenced by the soil conditions that provide low yield rates and contain high amounts of soluble minerals. Additionally, depending on the proximity to Humboldt Bay, groundwater quality may be impacted by high levels of salinity. For these reasons, there is limited development of groundwater around the margin of Humboldt Bay for domestic or industrial purposes.

Hydrology Hydrology in the project area is influenced by Pacific Ocean weather patterns and the Humboldt Bay watershed. Average annual rainfall for the area is approximately 38 inches per year, which is concentrated between the months of October and March. In some years, additional significant rainfall occurs through April. During the remainder of the year, coastal marine influences result in fog that at times is dense enough to generate moisture in the form of mist. There are approximately 105 acres of identified wetland areas within the Plan boundaries. Two seasonal dune wetlands totaling approximately 50 acres are located within the project in the nearshore dune area on Ma-le'l North. Two human enhanced wetlands of approximately 15 acres in size are also located on the Ma-le'l North property. These wetlands were altered by the construction of the former railroad berm, which impounded water on the western side of the berm. Salt and associated brackish marsh area along Mad River Slough is approximately 40 acres. See Table 5 for a summary of wetland areas. A detailed account and analysis of the wetland areas within the Plan area can be found in the biological section of this document. A spring fed freshwater creek, named Iron Creek exists on the most northern portion of Ma-le'l North. Another, smaller, freshwater spring is located next to the Ma-le'l North parking lot. There are no other significant year-round creeks, rivers, lakes, ponds, or other

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bodies of water within the project area. There is currently erosion at many locations along the railroad berm adjacent to the Mad River Slough.

Table 5. Summary of Wetland Areas at Ma-le’l Dunes CMA Wetland Area Location Area Dominant Water Source Seasonally Flooded 50 Dune swales Groundwater Freshwater Wetlands acres West of access road, Freshwater Swamp/ which the former railroad 15 Groundwater Riparian berm. Northern portion of Ma-le’l North acres

Transition from upland to Groundwater, streamflow, Brackish Marsh salt marsh of Mad River 5 and bay water Slough acres 35 Salt Marsh Mad River Slough Bay water acres Total wetland area: 105 acres

Topography Elevations within the proposed project area range from approximately 0 feet above mean sea level (MSL) at ocean and slough areas of the property, to more than 80 feet above MSL in some of the dune areas. A topographic and drainage map is provided in Figure 8. Some areas within the property have been developed, altering the original topography by cutting and filling at various locations. The most distinct of these features is the remnant railroad grade that is the current location of the access road. However, many areas such as the Gun Club and the south parking lot areas have been extensively graded.

Drainage and Surface Waters Stormwater runoff from the site flows east to Mad River Slough then into Humboldt Bay, or onto a freshwater lens above the salt water table. With the exception of some compacted gravel parking areas and roads the project area generally has very high infiltration capacities due to the highly permeable dune soils. Surface water resources in the project area consist of wetland areas of varying types and values, all of which exhibited evidence of standing water during the 2002/2003 winter season. Some wetland areas appear to be natural while other wetlands appear to have been created by impoundment of areas by remnant railroad fill.

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Flooding According to the FEMA FIRM map, portions of the project site are located within the Zone A 100 year flood plain. However, there are no known records regarding past flooding of the Plan area exclusively due to storm flows, extreme high tides or rainstorms coincident with high bay tides.

Water Quality

Surface Water Impurities in the local surface runoff, shallow groundwater, and atmospheric deposition influence surface water quality in the Plan area. The quality of adjacent Humboldt Bay tidal waters is also dependent on such significant hydrologic and biological parameters as the timing and magnitude of freshwater outflow, complex circulation patterns in the bay, wind-driven mixing and re-suspension of fine-grained sediments, time-varying salinity gradients and water temperature, and nutrient loading. Water quality in the Pacific Ocean is dependent on a number of regional and global factors, including climate and weather changes, currents and upwelling, and seasonal output from local rivers and estuaries. Contaminants carried by stormwater runoff derive from point or non-point sources. Point sources include easily verifiable discharge points such as sewage treatment plants, industrial outfalls, and marinas. Non-point sources represent diffused contamination over wider areas, including cultivated, agricultural, and urbanized lands. Typical contaminants in such non-point source urban runoff include heavy metals (e.g. mercury, lead, zinc, copper, chromium, nickel), nutrients, pesticides and herbicides, PCBs and related compounds, sediments, and oil and grease. Contamination of surface and groundwater has been identified at the Sierra Pacific Industries (SPI) Arcata Division Sawmill, which is adjacent to the Plan area. The use of pentachlorophenol (PCP) and tetrachlorophenol (TCP) containing anti-stain/anti-fungus solution were used at the site from the early 1960's to until September 1987 and the storage of oil in an underground storage tank until the 1970's are sources of significant contamination. On October 31, 2001, a Cleanup and Abatement Order was issued to SPI by the NRCWQCB. Since then groundwater monitoring and remediation has been taking place, with the most recent progress report released in March 2005. In 2002, prior to funding the acquisition of the Ma-le’l project area by the Center for Natural Lands Management, the SCC performed a Phase I Site Assessment. The Phase I determined that contamination from the Sierra Pacific site did not pose a threat to the Ma-le’l project area. BMPs are practices implemented to control the generation and delivery of pollutants from land use activities to water resources, thereby reducing the amount of pollutants entering surface and ground waters. Within the caretaker’s area there is a septic tank and leach field designed to accommodate the trailer that was located there in the past.

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Groundwater With the Plan area adjacent to the tidal zone and in close proximity to saline water, the underlying near-surface groundwater does not likely represent a significant potential resource. Groundwater quality sampling has not been performed to confirm this assumption. HBMWD currently provides water to the caretaker’s residence within the site. Local groundwater seepage from past adjacent industrial uses affects groundwater quality in the Plan area. Because the local geology is very permeable, groundwater contamination could be extensive and/or very dilute due to many years of rain and tidal flushing. Some local houses to the north and south have wells

Environmental Consequences

Alternative A: Proposed Plan Impacts of the proposed action alternative are generally associated with construction and are expected to be temporary. The replacement of the wetland viewing deck and construction of the canoe and kayak landing and launching ramp would potentially disturb water quality on a temporary basis. Additionally, construction of the erosion control revetment along the Railroad berm trail could possibly impact water quality due to its vicinity to the Mad River Slough. All construction activities possibly affecting water quality would be mitigated to a less than significant amount through the use of California Stormwater Quality Association's Stormwater Best Management Practice (BMP) Handbooks. Construction of the pedestrian footbridge over a seasonal wetland would take place during the dry season thereby avoiding impacts to water quality. Typical stormwater pollutants from parking lots are hydrocarbons and metals. In gravel parking lots the constituents are typically adsorbed and sequestered within the gravel media and therefore pose little potential risk to downstream receptors. Expansion of the Ma-le'l North parking area would be constructed using gravel, which is semi-permeable. Soil in the vicinity of the site is highly permeable. The design would include best management practices proposed in the Plan that would reduce erosion and non-point source pollution, and that meet the design guidelines and performance criteria of the California Stormwater Quality Association's Stormwater Best Management Practice (BMP) Handbooks. The implementation of the Plan would require that a number of permits be acquired before the projects of the Plan can begin construction. These permits will include a NCRWQCB Section 401 Water quality certification, USACE Section 10 and Section 404 permit for filling or dredging of water of the United States, Humboldt Bay Harbor, Recreation and Conservation District encroachment permit for projects in tidelands below Mean High Water Elevations, California Coastal Commission Section 307 permit for projects located within the Coastal Zone, and State Water Resources Board General Construction Water Discharge Requirements for construction activities covering over one acre.

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The implementation of the following mitigation measure and Best Management Practice’s would ensure that Alternative A: Proposed Action would mitigate the potential impacts to water quality to a negligible level. Mitigation Measure 1: Planned improvements would occur during the dry season in seasonal wetlands and would incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Alternative B: Multi-use Throughout and Additional Improvements

Alternative B includes paved access road and parking lots. This would increase runoff into ditches and vegetated area or directly in to adjacent wetlands. Due to high infiltration rates of the soils surrounding the parking areas it is unlikely that runoff form these areas will directly flow into the surrounding wetlands. Hydrocarbons and metals and other stormwater related pollutants would be sequestered in the soils. Ditches drain much of the access road and storm flows, which will increase if the road is paved. Also, in areas where the road borders wetlands there is no room for drainage structures so small amounts of runoff will flow directly from the road to adjacent wetlands.

With appropriate stormwater design, impacts would be negligible . A site-specific SWPPP will be developed and implemented that will identify the measures that will be taken to prevent storm water pollution caused by development and construction activities. In addition, similarly like Alternative A, any design will include best management practices that reduce erosion and non-point source pollution, and that meet the design guidelines and performance criteria of the California Stormwater Quality Association's Stormwater BMP Handbooks.

Alternative C: Protection and Restoration Hydrology and water quality will be similar to that to Alternative A: The Proposed Plan. However, Alternative C will have less automobile traffic and thus reduce the potential impacts from polluted runoff .

Alternative D: No Action Alternative D: The No Action alternative would not cause any adverse impacts to the water quality of the Ma-le’l CMA due to the fact that there would be no construction activities under the No Action alternative. Additionally, there would not be an increase in stormwater pollutants from parking lots because the Ma-le’l North parking lot would not be open to the public. The Ma-le’l South parking lot consists of a gravel constituent that typically adsorbs and sequesters pollutants within the gravel media and poses little potential risk to downstream receptors.

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3.9 Land Use and Planning This section describes the land use designations and planning of the Ma-le’l Dunes CMA properties.

Regulatory Setting The BLM portion of the CMA is subject to general land use objectives and allocations contained in the 1995 Samoa Peninsula Management Area Resource Management Plan Amendment and 1989 Arcata Resource Area Management Plan. The Coastal Zone Management Act of 1972 (CZMA) is the primary federal law enacted to preserve and protect coastal resources. The CZMA sets up a program under which coastal states are encouraged to develop coastal management programs. States with an approved coastal management Plan are able to review federal permits and activities to determine if they are consistent with the state’s management plan. California has developed a coastal zone management plan and has enacted its own law, the California Coastal Act of 1976, to protect the coastline. The policies established by the California Coastal Act are similar to those for the CZMA; they include the protection and expansion of public access and recreation, the protection, enhancement and restoration of environmentally sensitive areas, the protection of scenic beauty, and the protection of property and life from coastal hazards. The California Coastal Commission is responsible for implementation and oversight under the California Coastal Act. The Humboldt County General Plan Volume II, Humboldt Bay Area Plan of Humboldt County Local Coastal Program (Humboldt Bay Area Plan) has primary jurisdiction over the Plan area for its land use designation and allowable uses. The Humboldt Bay Area Plan land use designation for the Plan area is natural resources with the purpose being to protect and enhance valuable fish and wildlife habitats, and provide for public and private use of their resources, including hunting, fishing and other forms of recreation. The principal use of natural resource areas is for management for fish and wildlife habitats. Additionally, the Humboldt Bay Area Plan policies and standards for areas zoned natural resources include policies for the protection of marine resources, coastal streams, riparian vegetation, wetlands, and beach and dune habitats (Policies 3.30 B 1-13). Furthermore, the Humboldt Bay Area Plan policy 3.30-11 (b) encourages beach and dune area be purchased by agencies that would be committed to preserving the area in its’ natural state as well as provide public understanding of coastal dune ecology. Additionally, the zoning of the Plan area is under the jurisdiction of the Humboldt County Zoning Regulations. The Humboldt County Zoning Regulations have additional codes and regulations that the Plan must follow for parcels zoned natural resources and coastal. Additionally, the natural resource use types set by the zoning regulations are fish and wildlife management, coastal public access facilities, boating facilities, resource related recreation, watershed management, and wetland restoration. The Plan area is included in the Recovery Unit 1 of the western snowy plover Pacific Coast Population Draft Recovery Plan (2001), and the recovery Plan for seven coastal plants and the Myrtle's silverspot butterfly (1998). The western snowy plover Pacific

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Coast Population Draft Recovery Plan (2001) includes plans, policies, and permitting requirements for all projects, plans, and activities that take place within the Recovery Plan Area.

Affected Environment The Ma-le'l Dunes Cooperative Management Area (Ma-l’el CMA) is designated and zoned Natural Resources (NR) under the jurisdiction of the Humboldt County General Plan Volume II, Humboldt Bay Area Plan of Humboldt County Local Coastal Program and the Humboldt County Zoning Regulations. Additionally, the Plan area is located in the coastal zone and is regulated by the California Coastal Act. The Plan area is included in the Recovery Unit 1 of the western snowy plover Pacific Coast Population Draft Recovery Plan (2001), and the recovery Plan for seven coastal plants and the Myrtle's silverspot butterfly (1998).

Environmental Consequences

Alternative A: Proposed Plan The Ma-le’l CMA Plan would not conflict with any land use regulations, zonings, or plans adopted to avoid or mitigate environmental affects. Additionally, the Plan would not divide any existing communities. The Plan would not conflict with any habitat conservation plans or natural community conservation plans if permits are acquired that will comply with the requirements of the Recovery Unit 1 of the western snowy plover Pacific Coast Population Draft Recovery Plan (2001) and the recovery Plan for seven coastal plants and the Myrtle's silverspot butterfly (1998). These permits would include the United States Fish and Wildlife Service/ National Marine Fisheries Service Section 7 Consultation for the Biological Assessment, National Marine Fisheries Service Section 305 Consultation concurrent with Section 7, United States Fish and Wildlife Service Federal Migratory Bird Treaty Act consultation; and the California Department of Fish and Game Section 2080 consultation for species that are federally protected, Fish & Game Code Sections 3511, 4700, 5050 and 5515 for fully protected animals consultation, and Fish & Game Code Sections 3503 and 3503.5 Bird Nest Protection such as osprey consultation.

Alternative B: Multi-use Throughout and Additional Improvements The potential conflicts with land use designations and planning will be the same as described as Alternative A.

Alternative C: Protection and Restoration The potential conflicts with land use designations and planning will be the same as described as Alternative A.

Alternative D: No Action

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The potential conflicts with land use designations and planning would be the same as described as Alternative A. Additionally, the No Action alternative would not conflict with any habitat conservation plans or natural community conservation plans and would not be required to acquire any permits due to the fact that there would not be any construction activities. 3.10 Mineral Resources This section describes the mineral resources of the Ma-le’l Dunes CMA properties.

Regulatory Setting The Humboldt County General Plan Volume 1 policy 2533.4 encourages the conservation of mineral resource located within Humboldt County.

Affected Environment The Ma-le’l Dunes CMA does not contain any mineral resources of significant value or areas that are designated as an important mineral resource recovery site in land use plans.

Environmental Consequences

Alternative A: Proposed Plan The proposed Plan would not result in the loss of known mineral resources that have value to the region or residents of the area. Additionally, the Plan site is not designated as an important mineral resource recovery site in local plans.

Alternative B: Multi-use Throughout and Additional Improvements The potential impacts to mineral resources would be the same as described as Alternative A.

Alternative C: Protection and Restoration The potential impacts to mineral resources would be the same as described as Alternative A.

Alternative D: No Action The potential impacts to mineral resources would be the same as described as Alternative A. 3.11 Noise This section describes the existing noise of the Ma-le’l Dunes CMA properties.

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Regulatory Setting The Humboldt County General Plan has policies that regulate the on-going noise levels, noise levels during construction activities, and noise compatibility with the surrounding areas. (Policy # 3291.5A-C)

Affected Environment

Environmental Acoustics Noise may be defined as unwanted sound, which is often unpleasant because it is disturbing or annoying for the listener. A sound’s pitch, loudness, or intensity could cause a noise to have an offensive nature. Pitch is the height or depth of a tone or sound. Pitch is controlled by the relative rapidity (frequency) of the vibrations by which sound is produced. Higher pitched signals sound louder to humans than sounds with a lower pitch. Intensity is a measure of the amplitude of the sound wave (and is called height when referring to an ocean wave). Loudness is the intensity of sound waves combined with the reception characteristics of the ear. A decibel (dB) is a unit amount of sound that measures the relative amplitude of a sound. The zero on the decibel scale is based on the lowest sound level that a healthy, unimpaired, human ear can hear. Sound levels in decibels are calculated on a logarithmic basis. An increase of 10 decibels represents a ten-fold increase in acoustic energy, 20 decibels is a 100 times more intense, and 30 decibels is 1,000 times more intense. The relationship between the subjective noisiness or loudness of a sound and its intensity is a 10-decibel increase in sound level, which is perceived as approximately a doubling of loudness over a fairly wide range of intensities. The method for characterizing sound in California is the A-weighted sound level or dBA. This scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. The thresholds for indoor speech interference are about 45 dBA if the noise is steady, and above 55 dBA if the noise is fluctuating. Outdoors speech interference thresholds are about 15 dBA higher, around 60 to 70 dBA. Steady noise of sufficient intensity (above 35 dBA) and fluctuating noise levels above about 45 dBA have been shown to affect sleep.

Noise Environment The existing noise environment of the Plan site is generally quiet, with sound levels ranging from 50 to 57 dB Ldn. The noise sources at the project site are predominantly from natural sounds, such as wind and tidal wave action, and bird calls (e.g. gulls). The surrounding land uses including operations Sierra Pacific Mill and the Redwood Gun Club are significant existing noise sources to the Plan area. The noise from Sierra Pacific can be heard primarily on weekdays from the access road/Ma-le’l Road. The noise associated with the Redwood Gun Club can be heard from the trails near the RGC property lines on weekend days from approximately 10 a.m. to 4 p.m., and occasionally on weekdays when local law enforcements teams have special training events. Secondary noise sources are from vehicle traffic on the Young Lane Ave, State Route 255, and

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aircrafts flying overhead can contribute a fair amount of noise, especially during wet weather.

Environmental Consequences

Alternative A: Proposed Plan

Construction Related Noise The projects of the proposed Plan would generate short-term elevations of noise levels but not to levels that would violate noise standards in the Humboldt County General Plan or any other applicable standards. Noise levels from construction activities would be short-term and not permanently increase ambient noise levels.

Ambient Noise Levels The Plan would increase the number of people visiting in the Plan area. Subsequently there would be an increase in ambient daytime noise levels related to people’s conversations, vehicular engines, and vehicle doors closing. However, these levels are not expected to exceed ambient noise levels of outdoors speech interference thresholds of 60 to 70 dBA.

Firearms Range Related Noise Noise associated with the shooting of firearms at the Redwood Gun Club will likely startle an increased number of visitors hiking along the trails located near the RGC property boundaries. The proposed Plan incorporates the provision of information about the RGC onto kiosks and in interpretive brochures, such that the visitors to the area will be made aware of the presence of the RGC and not be surprised by the sound of firearms.

Airstrip Noise Levels Although airports are located in the region, there are no commercial or private airports/airstrips within the vicinity of projects contained in the Access Plan. The project would not expose people working or residing in the area to excessive noise levels.

Alternative B: Multi-use Throughout and Additional Improvements The potential noise impacts would be the same as described as Alternative A.

Alternative C: Protection and Restoration The potential noise impacts would be the same as described as Alternative A.

Alternative D: No Action

Construction Related Noise

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The No Action Alternative would not produce any construction related noise because there are no construction related activities under this alternative.

Ambient Noise Levels Impacts to ambient noise levels would be the same as described in Alternative A.

Firearms Range Related Noise Impacts to firearms range noise levels would be the same as described in Alternative A.

Airstrip Noise Levels Impacts from airstrip noise levels would be the same as described in Alternative A. 3.12 Population and Housing This section describes the existing population and housing of the Ma-le’l Dunes CMA properties.

Regulatory Setting The Plan area is in the jurisdiction of the Humboldt Bay Area Plan, Local Coastal Program for policies pertaining to housing requirements (Policy # 3.28). The projected population growth for Humboldt County is contained in the Humboldt County General Plan Volume 1. (#2200)

Affected Environment There are currently seven parcels that are zoned residential adjacent to the Ma-le’l CMA. Additionally, one of the parcels contains five mobile homes that are occupied as residences.

Environmental Consequences

Alternative A: Proposed Plan The proposed Plan would not result in any substantial population growth in the Ma-le’l CMA because the Plan does not provide new homes or businesses or provide for the expansion of facilities that induce growth. Additionally, the proposed Plan would not displace any of the existing housing units or people located adjacent to the Ma-le’l CMA.

Alternative B: Multi-use Throughout and Additional Improvements

The potential impacts to population and housing would be the same as described as Alternative A.

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Alternative C: Protection and Restoration The potential impacts to population and housing would be the same as described as Alternative A.

Alternative D: No Action The potential impacts to population and housing would be the same as described as Alternative A.

3.13 Public Services This section describes the existing public services to the Ma-le’l Dunes CMA properties.

Regulatory Setting Public Services standards follow the Humboldt Bay Area Plan, Local Coastal Program (Policy # 3.22). The Humboldt Bay Area Plan requests that the existing public service facilitates accommodate areas zoned rural for public recreational activities.

Affected Environment Access routes to both Ma-le'l South and Ma-le'l North are within the jurisdiction of the Humboldt County Sheriffs Department. BLM rangers provide law enforcement for Ma- le'l South and Ma-le'l North via a MOU with USFWS. A staff of approximately two currently serves the CMA regularly. There is currently no caretaker for the properties. The BLM and USFWS each have a staff member that is responsible for Ma-le’l North and Ma-le’l South.

Environmental consequences

Alternative A: Proposed Plan Due to the anticipated increased use of the CMA by the public, there would be an increased demand for law enforcement services from both the County Sheriffs Department and from BLM rangers. However, the Plan proposes that BLM and USFWS will work internally with the Sheriff’s department to develop a law enforcement protocol, such that the increase will be accommodated. The proposed action would hire a caretaker contracted to provide services throughout the CMA and recommends an increase in BLM and USFWS staff for other tasks/services outside of the caretaker’s responsibilities.

Alternative B: Multi-use Throughout and Additional Improvements The potential impacts to public services would be the same as described in Alternative A. Alternative B would address increased demand for public services in the same manner as

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Alternative A.

Alternative C: Protection and Restoration There would be no impact on public services from Alternative C. This is due to the fact that Alternative C would only allow for supervised and intermittent visits to the area. Therefore, no additional public services would be required.

Alternative D: No Action The No Action Alternative would not require additional staff or law enforcement to monitor the Plan area because there would not be an increase in public use. The current staff of two at the CMA would be adequate to the serve the public service needs of the No Action Alternative. Therefore, the No Action Alternative would not hire an on-site caretaker or demand, increase BLM or USFWS staff, or demand and increase from County Sheriff’s or BLM rangers. 3.14 Access and Recreation This section describes the current public use of the Ma-le’l Dunes CMA properties and the existing access infrastructure located throughout the area. Infrastructure located in Ma-le’l South and Ma-le’l North is discussed separately.

Regulatory Setting The California Coastal Act of 1976 developed policies to protect access and recreational opportunities in the coastal zone. The California Coastal Act requires that areas within the coastal zone provide maximum access. Therefore, access within the coastal zone shall be conspicuously posted and recreational opportunities, shall be provided for all people consistent with public safety needs to protect public rights, rights of private property owners, and natural resources areas from overuse. Furthermore, the Coastal Act has standards for the distribution of public facilities, including parking areas and associated facilities, to mitigate the possible affects from overcrowding and overuse of any single area. The Act also promotes ocean front land, including upland areas, to be protected for recreational uses, and encourages recreational boating by increasing public launching facilities and providing new boating facilities in protected water. Additionally, the Humboldt Bay Area Plan, Local Coastal Program developed policies for access way improvements. These access way improvements shall provide support facilities compatible with the character of the land. These access way improvements shall include parking, roads, trails, stairs, and ramps, sanitary facilities, facilities for the handicapped, fencing and barriers, signing of access points, trails and hazard areas, and maintenance and operation of the access way and support facilities.

Affected Environment Ma-le’l South, owned by BLM, is currently open daily from sunrise to one hour after sunset. Currently visitor use to Ma-le’l South consists of approximately 20 visits a day

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and one horseback rider a week. The following non-motorized recreational uses are allowed within Ma-le’l South:  Equestrian use on designated trails and the waveslope.  Pedestrian use on designated trails, open sandy areas, and the waveslope.  Leashed dog walking in the developed recreation site (parking/picnic area); otherwise dogs off leash consistent with Humboldt county ordinance.  Group camping on a case-by-case basis with special recreation permit.  Vegetation gathering for personal use allowed on designated trails from March to November and otherwise by special permit during this same time period.  Fires in designated sites only.  Fishing subject to California Department of Fish and Game regulations. Ma-le’l North has had restricted public access since 1992. A permit can be obtained to access the Fernstrom-Root Parcel, currently managed as part of the Lanphere Dunes Unit, by contacting the USFWS HBNWR or Friends of the Dunes (FOD). Public access in the southern portion of Ma-le’l North is limited to monthly-guided walks and restoration work days by FOD. Currently, visitor use to Ma-le’l North consists of 8 people per month for guided walks and another 8 people per month for restoration activities. Vehicle, bicycle, and pedestrian access to the Ma-le’l Dunes CMA is from Samoa Boulevard/State Highway 255 via Young Lane. Young Lane is an approximately 400- foot long, paved two-lane road that terminates into the unnamed and unpaved access road that runs in a north-south direction. This road provides access to the gravel parking areas of Ma-le’l North and Ma-le’l South, and is known as Ma-le’l Road throughout this Plan. Currently, there are over 3 miles of foot trails within the CMA that traverse forest, open sand dunes, and nearshore dunes toward the beach. The foot trails are earthen paths clustered in the far southern and far northern portions of the CMA. The trails in the south are marked; the trails in the north are not. Trails are considered moderate to strenuous due to the varied topography and range of hiking duration offered. Some trails can be completed in less than 30 minutes, while others can offer one to four hours of hiking. Figure 3 illustrates the existing infrastructure throughout the area.

Ma-le’l South Amenities that support public use within the Ma-le’l South area consist of a recently improved access route, entrance signing, graveled parking lot and day use area with picnic tables, vault toilet, trash receptacles and information kiosks, and trail markers along dune and forest footpaths. These are described in more detail below. Access Ma-le’l South is accessed by turning south at Young Lane onto a gravel road owned by USFWS (Ma-le’l Road). The Ma-le’l South parking and day use area is reached after traveling south on Ma-le’l Road approximately 500 feet. This portion of the Ma-le’l Road

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has been recently regraded and improved with new gravel. The road is discussed further in the Ma-le’l North Access section. Parking and Day Use Area Currently, there are two vehicle-parking areas along Ma-le’l Road that provide access to Ma-le’l South. One is the large, main gravel lot at the southern end of Ma-le’l Road, and the other is a small pullout a short distance north of Young Lane, also on Ma-le’l Road, under a Pacific Gas & Electric high voltage transmission line/tower. The main Ma-le’l South gravel parking lot is about 20,000 sq.ft in area and designed to serve approximately 20 vehicles, including buses and horse trailers. The pullout parking area beneath the Pacific Gas & Electric high voltage transmission line/tower currently has room for approximately five vehicles. Recreational Amenities There are a variety of amenities at Ma-le’l South that help to make the user experience safer and easier. These amenities include signage that directs visitors the appropriate areas and addresses safety concerns, a vault toilet, water spigots, picnic tables, and trash receptacles. Trails and Trail Amenities Two trail heads with “rocket-style” information kiosks exist at the Ma-le’l South parking area. One is for equestrians and the other for pedestrians. The equestrian trail begins with one trail leading west to the beach and then another heading north along the Humboldt Bay Municipal Water District (HBMWD ) pipeline, or “waterline trail.” The “waterline trail” continues north until it intersects with other foot trails discussed below and turns west through the nearshore dunes to the beach. The pedestrian foot trail departs the north end of the Ma-le’l South parking area and joins a trail from the forest in route to the equestrian trail mentioned above, where it continues to the beach. One of the more commonly used foot trails in Ma-le’l South extends west from the small pullout parking area adjacent to the high voltage transmission line tower discussed above. The trail is well defined and passes through forested dunes toward the open dunes and beach. At the foot of the moving dune/deflation plain there is the well-defined intersection mentioned above, where it joins the equestrian and foot trails from the Ma- le’l South parking area. There are several other casual trails throughout the Ma-le’l South nearshore dunes that lead to the beach.

Ma-le’l North Amenities that support public use within Ma-le’l North consist of an access road, a gravel parking lot, and unmarked footpaths. Three empty kiosks in addition to boundary signs that mark the southern Fernstrom-Root property line exist in the area. Access

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Ma-le’l North is accessed by the single lane, gravel access road that extends from Young Lane to the USFWS parking area. The access road is approximately 4,400 feet long and centered on a 60-foot wide right of way owned by USFWS. Parking and Day Use Area At the northern terminus of the access road is a gravel clearing adjacent to the Mad River Slough that serves as a parking area and was previously used as the parking area for the Mad River Slough and Dunes CMA. The clearing is approximately one third of an acre in size and can accommodate about 10 vehicles. At the northern edge of the area, there is a wooden entry sign demarcating the Parking Area of the Mad River Slouch and Dunes CMA, a metal bike rack and an iron ranger, which demarcates the trailhead. Kayak and Canoe Launching and Landing Kayak and canoe enthusiasts use the Mad River Slough extensively. Boat launching into the slough commonly occurs beneath the Mad River Slough bridge on Highway 255 where a concrete ramp is located, and on the Lanphere Road bridge, where a rock abutment to the bridge is located. The existing parking area of Ma-le’l North is adjacent to an intertidal channel of the Mad River Slough that is a popular boat-landing site during high tides. Due to the presence of salt marsh habitat and trampling that has occurred from boaters, the CNLM established symbolic fencing to discourage boat landing.

Trails and Trail Amenities Railroad Berm Trail The railroad berm trail is a well-defined, flat footpath varying from two to six feet in width that extends north from the parking area. It follows the railroad berm in a northeasterly direction for a distance of approximately 2800 feet along the edge of the slough to where an abandoned railroad trestle is located. Dune Overlook Trail A short distance from the parking area along the railroad berm trail a spur trail extends west 80 feet up to a vantage point atop a dune at an elevation of approximately 90 feet above mean sea level. Forest Loop Trails There are two trails that depart from the main railroad berm trail and lead into the forested dunes. Combined, these two trails create a loop through the forest towards a clearing adjacent to Iron Creek, a fresh water stream. Approximately half way along the length of the forest trails there is a short cut that creates a shorter loop. The trails are generally well defined and approximately two to four feet in width. Dune Trail to the Beach Where the forest loop trail is closest to the dunes there is a weathered but intact kiosk and a trail that leads out of the forest and up to the open, moving dune system. The trail up the dune is steep and in loose sand. Once on top of the dune, the trail appears to follow the Humboldt Bay NWRC posts and signs along the Fernstrom-Root southern boundary to navigate to the beach. Moving sand across the dune often obscures most evidence of

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any dominant foot trail. A tangle of wire and metal posts is periodically exposed near the dune deflation plain. At the back/leeward side of the primary foredune a poorly defined footpath is visible to the beach.

Environmental Consequences

Alternative A: Proposed Plan The proposed Plan has planned for a significant increase in access and recreation within the Ma-le’l CMA. The increase is visitors to the Ma-le’l South and Ma-le’l North areas expected to total approximately 16,500 and 8,000 persons per year, respectively (Bruce Cann and Andrea Pickart, personal communication, 2005). Expected boat use is approximately ten per weekend day during peak summer hours. During the weekdays, a maximum of five boats per day is expected in good weather. Use levels for traditional resource gathering are expected to be low; perhaps five visits per year by one or a few tribal members. No more than 50 program participants/special groups are expected to visit Ma-le’l North with no more than six special groups per month. It is expected that most visitors to the Ma-le’l Dunes CMA would arrive by private vehicle. Field trip classes, volunteers, and work crews are expected to arrive at the site by bus and/or by van. Equestrians would arrive at Ma-le’l South with horse trailers. Some visitors to Ma-le’l North would arrive by bicycle, kayak, or canoe. To accommodate for this increase in visitors to the Ma-le’l CMA, the proposed action would provide improvements to the existing infrastructure and new amenities that would help to improve the users experience of the area. These improvements include improving roads and parking areas, increasing recreational amenities including vault toilets, water spigots, bicycle rack, cooking grill, and increasing the recreational facilities including new trails and kayak and canoe boat landing docks. The new trails proposed and their approximate lengths are discussed in Table 6. Additionally, the improvements and new infrastructure have incorporated human safety measures, erosion control measures, and measures for protecting the natural and cultural resources of the area into the proposed Plan. Physical effects from the increased use of the Ma-le’l CMA are discussed throughout CH-Affected Environment and Environmental Consequences. Because the project incorporates appropriate signing, an on-site caretaker, law enforcement patrols, and consistent maintenance of trails, any possible effects will be minimal and insignificant.

Alternative B: Multi Use Throughout and Additional Improvements Alternative B would accommodate a significant increase in access and recreation similar to the Proposed Plan. The increase in visitors to the Ma-le’l CMA would be expected to be approximately the same amounts as the Proposed Plan. The improvement to the Ma- le’l CMA would be the equivalent to the Proposed Plan with additional improvements and infrastructure. These additional improvements and increased infrastructure would include a pedestrian trail connecting Ma-le’l North to Ma-le’l South, paving the access road and associated parking lots with asphalt, and additional public use throughout the

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CMA including bicycle riding, equestrian use on a portion of the nearshore dunes/coastal trail (Latkak Trail), and increased off-leashed dog walking.

Table 6. Approximate Length of Trails at the Ma-le’l Dunes CMA Approximate Approximate Location/Draft Trail Name Length, (ft) Length, (miles) Existing/Continued Hiking in Forest and Nearshore Dunes Trails Wonokw & Letik 5,250 1.0 Existing/Continued Equestrian in Nearshore Dunes Trails Latkak 4,200 0.8 Total Existing Trail 9,450 1.8 New Nearshore Dunes Trails Hudt 2,500 0.5 Ki'mak 2,600 0.5 New Latkak 1,900 0.4 7,000 1.3 New Forest Trails Hop'o'y Loop 7,050 1.3 ADA 2,800 0.5 New Wonokw 1,450 0.3 11,300 2.1 Total New Trail 18,300 3.5 Grand Total Length of Trails 27,750 5.3

Physical affects from the increased use of the Ma-le’l CMA are discussed throughout CH-3 Affected Environment and Environmental Consequences. Any possible physical affects to the area that could result from its increased use are mitigated for with mitigation measures, which primarily consist of signage guiding people away from biologically and culturally sensitive areas.

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Alternative C: Protection and Restoration Alternative C: Protection and Restoration would significantly decrease the access and recreation opportunities within the CMA. Access would only be provided to Ma-le’l North via docent led tours, restoration activities, and cultural gatherings. Under Alternative C the Ma-le’l South day use/picnic area and beach hiking trails would remain open to the public; however, the forest trails and beach trails currently used for dog walking and equestrian use would only be open to the public via docent led tours, permitted uses, and field trips. Additionally, equestrian use and dog walking would be prohibited within the CMA. The expected use of Ma-le’l North would be expected to be eight people per month for guided walks, another 8 people per month for restoration activities, and an unknown amount for cultural gathering. The expected use of Ma-le’l South would be approximately 10 visits a day.

Alternative D: No Action Under the No Action Alternative the access and recreational uses would remain the same as described in the affected environment. The visitor use of the Ma-le’l CMA would remain as it presently is, with open access to Ma-le’l South and guided tours of Ma-le’l North. Additionally, the recreational amenities and access infrastructure would remain as it presently exists. 3.15 Transportation/Traffic This section describes the existing transportation systems and traffic of the Ma-le’l Dunes CMA properties.

Regulatory Setting The Humboldt County General Plan Volume 1 supports improvements and maintenance of public access roads designated natural resource areas. (Policy # 4231.2)

Affected Environment Vehicle, bicycle, and pedestrian access to the Ma-le'l Dunes CMA is from Navy Base Road/State Highway 255 via Young Lane. Young Lane is a short paved two-lane road that terminates into the unpaved and unnamed access road that runs in a north-south direction. This road provides access to the gravel parking areas of Ma-le'l North and Ma- le'l South. Currently, there are three vehicle-parking areas off the access road that provide access to the Ma-le'l Dunes CMA. The main Ma-le'l South gravel parking lot is about 20,000 sq/ft in area and designed to serve approximately 15 vehicles, including horse trailers. The second Ma-le’l parking area is located beneath the Pacific Gas & Electric high voltage transmission line/tower and accommodates approximately five vehicles. The Ma-le’l North parking area is located at the northern terminus of the access road. It is a dirt clearing area adjacent to the Mad River Slough that serves has a parking area. The

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clearing is approximately one third of an acre in size and can accommodate about 10-15 vehicles. Casual observation indicate that currently, public access and associated traffic is limited to no more than a few cars a day, which park at the existing Ma-le'l South/BLM parking areas, or just outside the USFWS gate.

Environmental Consequences

Alternative A: Proposed Action

Increase Existing Traffic Conditions The proposed Plan would increase the traffic on Young Lane (a county road) and on the access road (owned by USFWS), relative to the existing traffic. Signage, advertisements, and a public opening would encourage additional visitors to the area. The proposed Plan would accommodate this increase in traffic by improving the existing gravel access road leading to the designated parking areas in both Ma-le'l North and Ma- le'l South. The access road would be improved by constructing "pull outs" in areas where no fill in wetlands or bank cuts are required, providing a turning radius at the Young Lane-Ma-le'l Road intersection to accommodate vehicle turn-arounds, and installing gutter sections along roadway where needed. The acess road would remain "one lane" at 16 - 20 feet in width. The increase in traffic would be accommodated by these improvements and would not adversely impact the load or capacity of the access road or Young Lane. Therefore any impacts are considered insignificant.

Increase in Traffic Hazards The Plan would continue to use gravel road access and gravel parking areas. Due to the limited width of the access road, signage would be required to remind drivers to obey the speed limit and to be aware of pedestrian and foot traffic. Within the parking areas there would be landscape barriers that separate pedestrian use from automobiles. Incorporation of these design features should not significantly increase hazards associated with transportation/traffic. Additionally, the proposed Plan would improve emergency access to the Ma-le'l Dunes area during daylight hours by providing improvements to road and trail systems. Emergency access at nighttime hours would be accommodated by providing keys to the locked gates to appropriate law enforcement officers and emergency services.

Increase the Need for Parking Facilities The Plan proposes to expand and improve parking to accommodate the increased use of the Ma-le’l CMA. The improvements to the Ma-le’l North parking area would include enlarging, re-orienting, and re-surfacing the parking area with crushed gravel. It would also be upgraded to include: ten motorized vehicle spaces and bus parking with one ADA

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vehicle space. The Ma-le'l South parking area would be reconfigured to accommodate five additional parking spaces because of the increased demand for parking during the three days that Ma-le'l North is closed to vehicular access.

Conflicts with Alternative Modes of Transportation Improved access to the Ma-le'l Dunes CMA by alternative modes of transportation is included in the proposed Plan. The Plan includes installing bicycle racks to the Ma-l’el South day use picnic area and Ma-le’l North parking area and a 1,000 ft. pedestrian safety corridor along the access road. The Plan would not conflict with adopted policies, plans, or programs supporting alternative transportation. Additionally, the Plan would not affect air traffic patterns of nearby private and commercial airports.

Alternative B: Multi-Use Throughout with Additional Improvements

Increase Existing Traffic Conditions The increase to existing traffic conditions would be the same as described in Alternative A.

Increase in Traffic Hazards Alternative B would pave the access road and parking areas of the Ma-le’l CMA. Paving the access road can consequently increase the traffic hazards along Ma-le’l road because vehicles and bicycles will be traveling at higher speeds. Higher speeds along the access road could cause an increase in vehicular collisions, potentially pedestrian-vehicular collisions, and bicycle-pedestrian-vehicular collisions. Design features and signage to remind pedestrians and vehicles of traffic hazards would be the same as the Proposed Plan. Emergency access to the Ma-le'l Dunes CMA would be as the Proposed Plan.

Increase the Need for Parking Facilities The increased need for parking facilities would be the same as described in Alternative A: Proposed Plan.

Conflicts with Alternative Modes of Transportation The conflicts associated with alternative modes of transportation would be the same as described in Alternative A: Proposed Plan.

Alternative C: Protection and Restoration

Increase Existing Traffic Conditions Alternative C: Protection and Restoration would not increase the existing traffic

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conditions to the Ma-le’l CMA. Alternative C would reduce the existing traffic on Young Lane and on the access road because Ma-le’l North would remain closed to public except for docent led tours and restoration activities. Additionally, only the Ma-le’l South day use/ picnic area and beach hiking trails would remain open for public use and the forest hiking trails and additional beach trails would be closed to the public except for docent led tours, field trips, and permitted uses.

Increase in Traffic Hazards Alternative C: Protection and Restoration would reduce the traffic hazards within the Ma-le’l CMA due to the fact that the Ma-le’l North access road would be closed to the public except for docent led tours and restoration activities. Design features and signage to protect people from traffic hazards would be unnecessary due to the fact that there would be very limited pedestrian and vehicular interaction within the Ma-le’l CMA. Emergency access to the Ma-le'l Dunes CMA would be as the Proposed Plan.

Conflicts with Alternative Modes of Transportation Improved access to the Ma-le'l Dunes CMA for alternative modes of transportation is not included in Alternative C. However, conflicts with alternative modes of transportation are not predicted due to the very limited access to the Ma-le-l CMA. Alternative C would not conflict with adopted policies, plans, or programs supporting alternative transportation. Additionally, the Plan would not affect air traffic patterns of nearby private and commercial airports.

Alternative D: No Action

Increase Existing Traffic Conditions The No Action Alternative would not increase the existing traffic conditions to the Ma- le’l CMA. Young Lane, the county road that leads to the access road, would not have an increase in traffic relative to the existing traffic because the No Acton Alternative would not substantially increase access to the area. Additionally, under the No Action Alternative, the USFWS access road would not be open to the public and there would be no change to the existing traffic conditions, which is presently minimal.

Increase in Traffic Hazards Under the No Action Alternative Ma-le’l North would not have an increase in traffic hazards because the access road and parking area would remain closed for public access. However, Ma-le’l South would continue to have traffic hazards associated with the parking area located at the PG&E high voltage tower, due to the fact that there is no pedestrian corridor between the two parking area.

Increase the Need for Parking Facilities

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The No Action Alternative would not require any additional need for parking facilities. The existing parking facilities would accommodate the use levels of the No Action Alternative.

Conflicts with Alternative Modes of Transportation The No Action alternative would not install additional bicycle racks or pedestrian corridors; however, there would not be any conflicts with alternative modes of transportation. The No Action Alternative would not conflict with adopted policies, plans, or programs supporting alternative transportation. Additionally, air traffic patterns of nearby private and commercial airports would not be affected. 3.16 Utilities and Service Systems This section describes the existing utilities and services of the Ma-le’l Dunes CMA properties.

Regulatory Setting The Humboldt County General Plan has policies governing solid waste collection within Humboldt County including the establishment of a management system for solid waste and recycled items (Policy # 4611).

Affected Environment

Water Potable water service is supplied to three locations within the Plan area; the Ma-le'l South main parking area, the Ma-le’l south special events area and the caretaker’s area. Several water spigots exist in various locations at the Ma-le’l South parking area, and one spigot exists at each the special events area and the caretaker’s area. The Manila Community Services District provides water to the Ma-le’l CMA. Meters are located adjacent to the board fence that delineates the Ma-le’l south parking area and at the intersection of Young Lane and the access road.

Electricity The only location in the Plan area served with electricity is the caretaker’s area. This location is metered by Pacific, Gas, & Electric, however, it is unknown if the service is operational. The electrical line is buried along the west side of the access road.

Telephone The only location in the Plan area served by telephone service is the caretaker’s area. It is assumed there is no operational account at this time since the site is vacant. The Redwood Gun Club is also serviced by telephone and is currently operational.

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Wastewater There is a single vault toilet located at the Ma-le’l South parking lot. Vault toilets are self-contained and require occasional servicing. There is no sewer service to the Plan area. The Manila Community Services District provides service to the adjacent residential properties to the south and east of the CMA.

Environmental Consequences

Alternative A: Proposed Plan

Water and Wastewater The proposed Plan would not have adverse affects on the existing wastewater and water systems of the Ma-le’l CMA. The proposed Plan would install an additional vault toilet in the Ma-le’l North parking areas. Therefore, no wastewater treatment or disposal and no effluent discharges are planned under the proposed Plan. Additional water spigots would be installed at the Ma-le’l South parking area for equestrian uses, which can be sufficiently supplied by the Manila Community Services District. The caretakers’ residence water line would not be replaced or expanded under the proposed Plan.

Stormwater The expansion of the parking facilities in Ma-le’l North and improvement to the access roads included in proposed Plan could potentially increase the stormwater drainage. Typical stormwater pollutants from parking lots and roads are hydrocarbons and metals. However, due to the design of the parking facility with a gravel semi permeable surface, stormwater drainage and pollutants are typically absorbed and sequestered within the gravel media and therefore pose little potential risk to downstream receptors. As described in the Hydrology section, the parking lot and access road design would include BMP’s that reduce erosion and non-point source pollution, and would meet the design guidelines and performance criteria of the California Stormwater Quality Association's Stormwater Best Management Practice (BMP) Handbooks.

Solid Waste The minimal increases in solid waste generated by the projects contained in the access Plan are expected to have no impact on the Humboldt Waste Management Authority’s (HWMA) transfer station, which is currently operating at 350 tons per day below its capacity (Kindsfather, 2004). Additionally, The projects contained in the Access Plan would comply with all federal, state, and local regulations, including those pertaining to solid waste.

Electricity and Telephone

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The proposed Plan would not supply any electricity or telephone services to the Ma-le’l CMA. Cellular phones would provide telephone service and electricity would be not be expanded to provided for recreation users.

Alternative B: Multi- Use Throughout and Additional Improvements

Water and Wastewater Water and waste water facilities would be the same as the Alternative A: Proposed Plan.

Stormwater The expansion of the parking facilities in Ma-le’l North and paving the access roads and parking areas could increase the stormwater drainage. Typical stormwater pollutants from parking lots and roads are hydrocarbons and metals. As described in the Hydrology section, the paving of the parking lots and access road would increase stormwater runoff into ditches and vegetated area or directly in to adjacent wetlands. Due to high infiltration rates of the soils surrounding the parking areas it is unlikely that runoff form these areas will directly flow into the surrounding wetlands. Hydrocarbons and metals and other stormwater related pollutants would be sequestered in the soils. Ditches drain much of the access road storm flows, which will increase with the paving of the road. Also, in areas where the road borders wetlands there is no room for drainage structures and so small amounts of runoff will flow directly from the road to adjacent wetlands.

With appropriate stormwater design, impacts should be less than significant. A site- specific SWPPP will be developed and implemented that will identify the measures that will be taken to prevent storm water pollution caused by development and construction activities. In addition, any design will include best management practices that reduce erosion and non-point source pollution, and that meet the design guidelines and performance criteria of the California Stormwater Quality Association's Stormwater BMP Handbooks.

Solid Waste The potential impacts from solid waste generation would be the same as described in Alternative A.

Electricity and Telephone Electricity and telephone service would be the same as described in Alternative A.

Alternative C: Protection and Restoration

Water and Wastewater Alternative C would not require additional wastewater or water facilities due to the very limited access to the Ma-le’l CMA. The existing vault toilet and water spigot located at the Ma-le’l South parking area is sufficient to support water and wastewater needs within

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the Ma-le’l CMA under Alternative C.

Stormwater Stormwater facilities would be the same as described in Alternative A: Proposed Plan.

Solid Waste The potential impacts from solid waste generation would be the same as described in Alternative A.

Electricity and Telephone Electricity and telephone service would not be provided under Alternative C.

Alternative D: No Action The No Action Alternative would not supply any additional utilities to the Ma-le’l CMA. Water, wastewater, electricity, telephone service, solid waste collection would remain as it was described above in the affected environment. Additional Critical Elements for NEPA compliance that need to be addressed include: Areas of Critical Environmental Concern (ACEC): The original BLM Ma-le’l South parcel was designated an ACEC in 1992 pursuant the Arcata RMP to protect the sensitive dune habitat on the parcel. The RMP also states that any adjoining parcels acquired by the BLM will be managed under the same direction of the existing public lands. The proposed action will have minimal impacts to ACEC values, as trails and other public use areas have been sited to avoid impacting sensitive dune habitat. Alternatives B and D would cause greater impacts, while Alternative C would cause less impacts than the proposed action. Environmental Justice: No minority or low income groups would be affected by disproportionately high and adverse human health or environmental effects under the proposed action or any of the alternatives.

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4.0 CUMULATIVE EFFECTS

Regulatory Setting Cumulative impacts are those that result from past, present, and reasonably foreseeable future actions, combined with the potential impacts of the Plan. A cumulative effect assessment looks at the collective impacts posed by individual land use plans and projects. Cumulative impacts can result from individually minor, but collectively substantial impacts taking place over a period of time. Impacts to resources in the Plan area could result from an increase of recreational or residential development in the vicinity of the Plan area. These land use activities could degrade the habitat and species diversity through consequences such as fragmentation or displacement of habitats and populations, alterations of hydrology, erosion, disruption of migration corridors, and increased recreational access from pedestrian and equestrian uses. These cumulative impacts can also contribute to potential cultural resource impacts. CEQA Guidelines, Section 15130 describes when a cumulative impact analysis is warranted and what elements are necessary for an adequate discussion of cumulative impact. The definition of cumulative impacts, under CEQA, can be found in Section 15355 of the CEQA Guidelines. A definition of cumulative impacts, under NEPA, can be found in 40 CFR, Section 1508.7 of the CEQA regulations.

Affected Environment The Lanphere Dunes Unit of Humboldt Bay National Wildlife Refuge is located directly north of the Plan area and consists of approximately 350 acres. The Lanphere Dunes Unit is one of the last stands of pristine coastal dunes in the Pacific Northwest. The unit has been open to the public since 1974 by written permission and docent led tours only for passive recreational uses. Passive recreational uses include pedestrian uses such as hiking, birding, and photography. Additionally, the unit has undergone extensive restoration activities for the elimination of European beachgrass, iceplant, yellow bush lupine, annual grasses, English ivy, and other invasive plants since it was acquired by The Nature Conservancy in the 1970’s. The Manila Dunes Recreation Area is located south of the Plan area and consists of approximately 100 acres. The Recreation Area has been open to the public since 1991 for recreational activities including hiking, birding, photography, and dog walking and equestrian uses. Dune restoration activities to eliminate beachgrass, iceplant, and lupine have taken place in the Recreation Area since 1991. In addition, the Recreation Area will be acquiring another 54.5 acres directly north of the area to manage for recreational uses, restoration activities, and protection of endangered species. Recreational uses in the additional 54.5 acres will include pedestrian and equestrian uses.

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Environmental Consequences The proposed Plan combined with the adjacent recreational areas discussed above could potentially increase the recreational use of the Samoa Peninsula for activities such as equestrian use, dog walking, hiking, bird watching, photography, and restoration activities. An increase in recreational users to the Plan area and the adjacent recreational areas could potentially cause cumulative negative impact to the biological and cultural resources located within the area. An increase in use to these areas could result in the illegal collecting of cultural remains as well as the trampling/killing of endangered and special status plant species. For example, potential unauthorized pedestrian and equestrian access to adjacent properties, including the Lanphere Dunes Unit of HBNWR, could impact rare plants species that occur in those areas. However, the restoration activities that are taking place at the Lanphere Dunes Unit, Manila Dunes Recreation Area, and the Ma-le’l CMA to remove non-native species and reforest the CMA will create additional habitat for special status and endangered plant species. BLM and FWS plan to continue restoration work and weed eradication efforts within the CMA with the assistance of the California Conservation Corps and Friends of the Dunes restoration programs. Activities from these projects are not expected to adversely impact listed species. In contrast, they are likely to have a beneficial effect by restoring habitat., The Plan mitigates to an insignificant level the potential impacts of the proposed project. At this time there are no known activities in the area, either ongoing or planned in the foreseeable future that would cause impacts that would result in a cumulative impact on the resources in the planning area. The potential impact to cultural resources from increased use of the area is not anticipated to cause substantial adverse impacts on archaeological sites and traditional activity areas. In light of these circumstances it is not anticipated that the project would result in cumulative impacts.

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5.0 COMMENTS AND COORDINATION

Coordination with the general public and appropriate public agencies is an essential part of the environmental review process to determine the scope of environmental documentation, the level of analysis, potential impacts and mitigation measures and related environmental requirements. Agency consultation for this Plan has been accomplished through a variety of formal and informal methods, including: Plan development team meetings and interagency coordination meetings. This chapter summarizes the results of the efforts by the SCC, USFWS, and BLM to fully identify, address and resolve plan-related issues through early and continuing coordination. Consultation and coordination has been conducted with the following entities:  Friends of the Dunes  Wiyot Tribal Governments  Mad River Biologists  Humboldt Bay Municipal  Arcata Fish and Wildlife Water District Office  Redwood Gun Club  Northwest Information  Sierra Pacific Industries Center of the California  Explore Northcoast Historical Resources  Redwood Community Action Information System Agency  Adjacent Land Owners  Center for Natural Lands  California Waterfowl Management Association and Local  Manila Community Services Unattached Hunters District The Table Bluff Reservation - Wiyot Tribe was contacted concerning cultural and gathering resources within the Plan vicinity. In addition, the Table Bluff Reservation - Wiyot Tribe was contacted regarding access to the Plan area for traditional vegetation gathering. Additional consultation has occurred with the Blue Lake Rancheria and the Bear River Band of Rohnerville Rancheria. HWR Engineering and Science with FOD participated in discussions with the State Coastal Conservancy, BLM and USFWS staff and local stakeholders to develop the Ma- le’l CMA Access Plan. This planning process consisted of a series of meeting and tours of the Plan area with the participating agencies and local stakeholders. Outreach meeting with various stakeholder groups included a meeting with the Dunes Forum members (which included members of the Humboldt Coastal Coalition and other citizen groups) via representation at the Dunes Forum regular meetings. Additionally, outreach meetings were held with representatives of the Wiyot Tribe, “large” adjacent landowners including the Redwood Gun Club, Humboldt Bay Municipal Water District, and Sierra Pacific Industries, and residents living adjacent to or along Young Lane. Following the release of the preliminary draft plan, refuge staff met with local waterfowl hunters

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and representatives of the California Waterfowl Association for input on the potential effect the plan may have on those uses. During the outreach efforts and meetings, handouts and maps describing the project area were distributed, access Plan process and goals were reviewed, and stakeholder concerns were solicited and recorded. Additionally, meeting were followed up with telephone interviews and written correspondence with members of the stakeholder groups.

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6.0 MITIGATED NEGATIVE DECLARATION

Proposed Mitigated Negative Declaration Pursuant to: Division 13, Public Resources Code

Project Description The State Coastal Conservancy (SCC), together with the US Fish and Wildlife Service (USFWS) and Bureau of Land Management (BLM), proposes to implement the Ma-le'l Dunes Cooperative Management Area (CMA) Public Access Plan (the Plan), which contains actions to accommodate safe, orderly, and open public access and a range of recreational opportunities designed to minimize to the extent practical any adverse impact to the natural and cultural resources of the area. The Plan proposes new and continued operation of recreational land use allocations within the Ma-le’l Dunes CMA; it also proposes the new installation, upgrade, and/or continued operation of roads, day use areas, parking areas, public restrooms, designated coastal access trails, informational and interpretive signing, a view deck, a footbridge, and a canoe and kayak landing and launching ramp. The Plan is intended to be the basis for construction drawings, educational and interpretive publications, inter-agency coordination, and future funding.

Determination This proposed Mitigated Negative Declaration (MND) is included to give notice to interested agencies and the public that it is the State Coastal Conservancy’s intent to adopt an MND for this Plan. This does not mean that the State Coastal Conservancy’s decision regarding the Plan is final. This MND is subject to modification based on comments received by interested agencies and the public. The SCC has prepared an Initial Study for this project, and pending public review, has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. Revisions to the project include the following:

Biological Resources Mitigation Measure 1: Planned improvements would occur during the dry season in seasonal wetlands and would incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

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Mitigation Measure 2: During the breeding season for birds likely to breed in the Ma- le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency and special management conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers. Mitigation Measure 3: The USFWS will implement Humboldt Bay wallflower seed collection from existing populations on the adjacent Lanphere Dunes Unit, and subsequent dispersal within newly restored areas of the Fernstrom-Root and Ma-le’l parcels. This measure is designed to facilitate the expansion of the wallflower within the CMA and mitigate for potential adverse impacts from off-trail foot traffic. The refuge will obtain a recovery permit. Mitigation Measure 4: All construction activities occurring within or adjacent to endangered plant areas would be supervised by Ma-le’l Dunes CMA resource managers and would take place outside of the growing season to avoid impacts to reproductive individuals. In addition, before the commencement of work and when species are clearly visible all occurrences of Humboldt Bay wallflower rosettes (reproductive season is approximately March 1 through the end of the summer), beach layia (reproductive season is March to May), Humboldt Bay owl’s-clover (reproductive season is May through July), Point Reyes bird’s-beak (reproductive season is approximately June 1 through end of summer), and other rare plant species located near construction areas would be flagged and the CMA resource managers would document any adversely affected individuals. Mitigation Measures 5: One hundred and seventy-five square feet (175 ft2) of high salt marsh habitat (6.4 to 8.9 feet above mean-low-low-water) that is dominated by dense- flowered cordgrass (Spartina densiflora) would be restored with pickleweed (Salicornia virginica) and saltmarsh (Distichlis spicata) and maintained as such as mitigation for the installation of the canoe/kayak landing/launching ramp. Mitigation Measures 6: The development of a maintenance program for the forest trails in Ma-le’l North to insure that routine vegetation clearing does not adversely affect locally rare plants identified by the CMA resource managers.

Cultural Resources Mitigation Measure 7: In the event any undiscovered paleontological, archaeological, ethnic, or religious resources are encountered during grading or construction-related activities, in compliance with the state and federal law, all work within 100 feet of the resources shall be halted, the archaeologist for the land managing agency will be contacted, and the Plan applicants shall consult with a registered professional archaeologist and designated representatives of the Wiyot Tribal Governments to assess the significance of the find and formulate further mitigation. This would include coordination with the Native American Heritage Commission. The Native American Heritage Commission would contact the Wiyot Tribal Governments, as deemed necessary, to assist in assessing the significance of any find. If any find is determined to

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8.0 REFERENCES

Anderson, D.W., and I.T. Anderson. 1976. Distribution and status of brown pelicans in the California current. American Birds 30:3-12. Angeloff, N., Heald, L., Rich, W., Weber, B., and Roscoe, J. June 2004. A Cultural Resources Overview and Inventory of Selected Parcels of the U.S. Fish and Wildlife Service Humboldt Bay National Wildlife Refuge, Lanphere Dunes and Proposed Ma-le’l Dunes Unit, Humboldt County, California. Roscoe & Associates and Table Bluff Reservation-Wiyot Tribe. Prepared for U.S. Fish and Wildlife Service, Humboldt Bay National Wildlife Refuge. Arcata, CA. Report on file at the Northwest Coastal Information Center, Klamath, California. Baldridge, A. 1973. The status of the brown pelican in the Monterey region of California: past and present. Western Birds 7:111-112. Baicich, P. J. and C.J.O. Harrison. 1997. A guide to the nests, eggs, and nestlings of North American birds. Second Edition. Academic Press. San Diego, California, USA. Barnhart, R. A., M. J. Boyd, and J. E. Pequegnat. 1992. The Ecology of Humboldt Bay, California: An Estuarine Profile. U. S. Fish and Wildlife Service Biological Report 1. 121pp. Botanica Northwest Associates. 1992. Monitoring beach layia in the Humboldt County Beach and Dunes Planning Area: a pilot study of field sampling methods. Unpublished document. Submitted to Humboldt County Planning Department, Eureka, California. 2004 a. Ma-le’l Dunes Access Improvements Environmental Assessment (AR-04-14). Samoa Peninsula/Manila Dunes ACEC. CA-330, Arcata Field Office, California. 2004 b. Biological Assessment for Ma-le’l Dunes Access Improvements for Interim Management. Arcata Field Office, California. California Natural Diversity Database (CNDDB). 2006. Rarefind, version 3.0.5, updated January 4, 2006. Sacramento, California, USA. California Native Plant Society (CNPS). 2006. On-line Inventory of Rare and Endangered Plants of California. California Stormwater Quality Association. 2004. California Stormwater Best Management Practice Handbook. California Stormwater Quality Association (online editions). Santa Monica, California. Accessed on November 4, 2005 from . Carothers, S. 1996. Sampling to detect a persistent seed bank for the endangered Humboldt Bay wallflower (Erysimum menziesii ssp. eurekense). Unpublished report for The Nature Conservancy, Arcata, California. 9pp.

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Cayouette, Jacques. 1986. Carex lyngbyei excluded from the flora of eastern North America, and taxonomic notes on related species and hybrids. Canadian Journal of Botany 65:1187-1193. Clifford, P. 2004. Monitoring results for Erysimum menziesii ssp. eurekense at the South Spit Population. Unpublished document, USFWS Humboldt Bay national Wildlife Refuge. Arcata, California. Clifford, P. 2006. Monitoring results for Erysimum menziesii ssp. eurekense at South Spit population. Unpublished document, USFWS Humboldt Bay National Wildlife Refuge, Arcata, California. Colwell, M.A., C.B. Millett, J.J. Meyer, S.J. Hurley, A. Hoffmann, Z. Nelson, C. Wilson, S.E. McAllister, K.G. Ross & R.R. LeValley. 2004. Final report: 2004 Snowy Plover breeding in coastal northern California. Submitted to MRB Research, Inc., Arcata, California. Colwell, M. A., Z. Nelson, S. Mullin, C. Wilson, S. E. McAllister, K. G. Ross, and R. LeValley. 2005. Final report: 2005 Snowy Plover breeding in coastal northern California, Recovery Unit 2. Submitted to MRB Research, Inc., Arcata, California. Colwell, M. A., S. M. Mullin, Z. J. Nelson, C. A. Wilson, J. M. Muir, W. P. Goldenberg, S. E. McAllister and K. G. Ross. 2006. Final report: 2006 snowy plover breeding in coastal northern California. Submitted to MRB Research, Inc, Arcata, California. County of Humboldt. April 1995. Humboldt Bay Area Plan of the Humboldt County Local Coastal Program. Prepared by the County of Humboldt, California. Cowardin L. M., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of wetlands and deepwater habitats. United States Fish and Wildlife Service, Washington, D.C. Coy, Owen C.1929 The Humboldt Bay Region, 1850-1875, A Study in the American Colonization of California. The California State Historical Assoc., Los Angeles. EDAW. 2005. Biological assessment for the Humboldt Bay National Wildlife Refuge, Ma-le’l Dunes restoration. California Department of Corrections, Sacramento, California. EDAW. 2004. Restoration Plan for the Humboldt Bay National Wildlife Refuge, Ma-le’l Dunes. California Department of Corrections. Duebendorfer, T. 1992. Vegetation classification, rare plant analysis, impacts, restoration, and habitat management strategies. Unpublished document. Humboldt County Planning Department, Eureka, California. Eicher, A.L. 1987. Salt marsh vascular plant distribution in relation to tidal elevation. M.A. Thesis, Humboldt State University. Arcata, California. Elsasser, A.B.1965 The Archaeology of the North Coast of California. Doctoral dissertation. U.C. Berkeley.

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Elsasser, A.B., and R.F. Heizer. 1966. Excavation of Two Northwestern California Coastal Sites. Reports of the University of California Archaeological Survey 67:1-150. Berkeley,California. Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual, Technical Report Y-87-1. Department of the Army Waterways Experiment Station, Corps of Engineers, Vicksburg, Miss. Fisher, M. R. 1992. Western snowy plover (Charadrius alexandrinus nivosus) seasonal distribution and productivity near Humboldt Bay, California. Unpublished report submitted to California Department of. Fish and Game, Eureka, CA. Fisher, M. R. 1993. Western snowy plover productivity at Humboldt and Del Norte county beaches, spring and summer 1993. Unpublished report submitted to California Department of Fish and Game, Eureka, CA. Fisher, M. R. 1994. Western snowy plover productivity on selected Humboldt County beaches, summer 1994. Unpublished report submitted to California Department of Fish and Game, Eureka, California. Fix, D. and A. Bezener. 2000. Birds of Northern California. Lone Pine Publishing. Renton, Washington, USA. French, Nancy. 1976. Right of Way Easement to Humboldt Bay Wastewater Authority. Report S-1072 on file at the Arcata Field Office of the Bureau of Land Management. Gibbens, Michael P. 2000. California Disabled Accessibility Guidebook 2000. 4th Edition. Builder’s Books, Inc. Canoga Park, CA. Gray, Donald H. and Robbin B. Sotir. 1996. Biotechnical and Soil Bioengineering Slope Stabilization: A Practical Guide for Erosion Control. John Wiley & Sons Inc. Harris, J.H., S.D. Sanders, and M.A. Flett. 1987. Willow flycatcher surveys in the Sierra Nevada. Western Birds 18:27-36. Harris, S. W. 1996. Northwestern California birds. Humboldt State University Press. Arcata, California. Hawbecker, Albert C. The nesting of the white-tailed kite in southern Santa Cruz County, California. Condor, 42(2), pp. 106-111, figs. 29-30, 1940. Heizer, Robert F .1978. Handbook of North American Indians, Volume 8, California,. Wiyot. Smithsonian Institution, Washington. Humboldt Bay Harbor, Recreation and Conservation District. 2005. Draft Humboldt Bay Management Plan. Eureka, California. Humboldt County Planning Department. 1983 Humboldt County Local Coastal Plan. Humboldt County General Plan. Eureka, California. 1989. Humboldt Bay Area Plan of the Humboldt County Local Coastal Plan. Humboldt County General Plan, Volume II. Eureka, California. 1993. Humboldt Bay Beach and Dunes Management Plan, Eureka, California

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HWR Engineering & Science. 2006. Draft Ma-le’l Dunes Cooperative Management Area public access plan. State Coastal Conservancy, Oakland, California Jehl, J.R., Jr. 1973. Studies of a declining population of brown pelicans in northwestern Baja California. Condor 75:69-79. Karen Theiss and Associates. 1992. Amphibians, reptiles and mammals of the Humboldt bay beach and dunes study area. Humboldt County Planning Department. Eureka, CA. Kroeber, A. L. 1925. Handbook of the Indians of California. Bulletin 78, Bureau of American Ethnology of the Smithsonian Institution. LeValley, R. 1999. Snowy Plover nesting season 1999. Report prepared for Humboldt County Planning Department. Mad River Biologists, McKinleyville, California. 22pp. Mason, Herbert L. 1957. A flora of the marshes of California. University of California Press, Berkeley and Los Angeles. McAllister, S., A. Transou, and R. LeValley. 2001. Snowy plover abundance, distribution and nest success in coastal northern California 2000. Final report submitted to U.S. Fish and Wildlife Service. Mad River Biologists, McKinleyville, CA. NOAA. 2005. Western Regional Climate Center. Online: www.wrcc.dri.edu Page, G. W., and L. E. Stenzel. 1981. The breeding status of the Snowy Plover in California. Western Birds 12:1-39. Page, G. W., L. E. Stenzel, W. D. Shuford, and C. R. Bruce. 1991. Distribution and abundance of the Snowy Plover on its western North American breeding grounds. Journal of Field Ornithology 62:245-255. Pickart, Andrea J. May. 1990. Final Management Plan for the Mad River Slough and Dunes Cooperative Management Area. In cooperation with The Nature Conservancy, Bureau of Land Management, and Louisiana-Pacific Corporation. Humboldt County, California. Pickart, Andrea J. and John O. Sawyer. 1998. Ecology and restoration of Northern California coastal dunes. California Native Plant Society. Sacramento, California. Pickart, Andrea. 2001. The distribution of Spartina densiflora and two rare salt marsh plants in Humboldt Bay 1998-1999. U.S. Fish and Wildlife Service Humboldt Bay National Wildlife Refuge, Arcata, CA 95521. Pickwell, G. 1930. The White-tailed Kite. Condor 32:221-239. Redwood Community Action Agency. 2001. Humboldt Bay Trails Feasibility Study, Eureka, California. Schreiber, R.W., and R.L. DeLong. 1969. Brown pelican status in California. Audubon Field Notes 23:57-59. Serena, M. 1982. The status and distribution of the Willow Flycatcher (Empidonax traillii) in selected portions of the Sierra Nevada. 1982. Calififornia Deptartment of Fish and Game, Wildlife Management Branch Admin. Report No. 82-5. 28 pp.

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Sowls, A. L., A. R. DeGange, J. W. Nelson, and G. S. Lester. 1980. Catalog of California seabird colonies. U.S. Deptatment of Interior, U.S. Fish Wildlife Service. USFWS/OBS-80/37. Sterling, J. 1990. Birds of the coastal dunes study area. Humboldt County Planning Department. Eureka, California. Terrill, S.B., D.S. Singer, S.A. Glover, and D. Roberson. 2000. Middle pacific coast regional report. American Birds 54: 323. University of California Archaeological Research Facility, Department of Anthropology. 1966. Reports of California Archaeological Survey No. 67. Berkeley, California. U.S. Department of Interior-Bureau of Land Management. 1988. Archaeological Field Examination Survey Unit Record, Lindgren Parcel, Manila, CA. Arcata, California. 1989. Proposed Arcata Resource Management Plan and Final Environmental Impact Statement, Arcata Planning Area. Ukiah District Office. 1991. Archaeological Field Examination Survey Unit Record, Mad River Slough and Dunes Management Area. Arcata, California. 1992. Memorandum 8100 AR-49 CA-056 Archaeological Field Examination Survey Unit Record, Manila Dunes. Arcata, California. 1995. Environmental Assessment and Land Use Decision Amendment for the Samoa Peninsula Management Area. Arcata Resource Area, Arcata, California. 1998. Recovery Plan for Seven Coastal Plants and the Myrtle’s Silver Spot Butterfly. Portland, Oregon. 2001. Western Snowy Plover (Charadrius alexandrius nivosus) Pacific Coast Population Draft Recovery Plan. Portland, Oregon. 2004. Final Compatibility Determinations and Pre-Acquisition Compatibility Determinations for Lanphere Dunes Unit Modification and the Proposed Ma-le’l Dunes Addition, Humboldt Bay National Wildlife Refuge. Humboldt County, California. 2004a. Ma-le’l Dunes access improvements environmental assessment (AR-04-14). Samoa Peninsula/Manila Dunes ACEC. CA-330, Arcata Field Office, California. 2004b. Biological assessment for Ma-le’l Dunes access improvements for interim management. Arcata Field Office, California. U.S. Fish & Wildlife Service. 1993. Threatened status for the pacific coast population of the western snowy plover. Federal Register 58:12864-12874. — 1998. Recovery plan for seven coastal plants and the Myrtle’s silverspot butterfly. Portland, Oregon. — 2000. Vascular plants and vegetation types of the Lanphere Dunes Unit, Humboldt Bay National Wildlife Refuge. Arcata, California. — 2004. Final compatibility determinations and pre-acquisition compatibility determinations for Lanphere Dunes Unit modifications and the proposed Ma-le’l Dunes addition, Humboldt Bay Wildlife Refuge. Humboldt County, California.

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— 2005. Endangered and threatened wildlife and plants; designation of critical habitat for the pacific coast population of the western snowy plover, Final Rule. Federal Register 0(188):56970. Vrilakas, S. 1988. Status report for Abronia umbellata ssp. breviflora (Standl.) Munz. Oregon Natural Heritage Data Base, Portland, Oregon. Waechter, Sharon A. 1988. Lindgren Parcel, Manila. Report S-10018 on file at the Arcata Field Office of the Bureau of Land Management. Whitaker W. O. Jr.. editor. 1998. National Audubon society field guide to North American mammals. Alfred A. Knopf Inc., New York, New York, USA. Whitfield, M.J. 1990. Willow flycatcher reproductive response to brown-headed cowbird parasitism. Master’s Thesis, California State University, Chico, California, USA.

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9.0 APPENDICES

Appendix A: Joint CEQA/NEPA Checklist Appendix B: Biological Assessment Appendix C: Mitigation and Monitoring Program Appendix D: Public Comments to IS/EA

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APPENDIX A: ENVIRONMENTAL CHECKLIST

1. Project Title Ma-le'l Dunes Access Plan Project

2. Lead Agency Name and State Coastal Conservancy Address 1330 Broadway, 11th Floor Oakland, CA 94612

3. Contact Person and Phone Susan Corbaley Number 510-286-6767

4. Project Location The Ma-le'l Dunes Cooperative Management Area (Ma-le’l Dunes CMA) is located approximately one mile north of the unincorporated town of Manila, in Humboldt County, California, on the north spit of Humboldt Bay, (also known as the Samoa Peninsula), and is approximately 3.5 miles west of the City of Arcata. The Ma-le’l Dunes CMA consists of approximately 444 acres of forest, dunes and salt marsh that stretches along approximately 1.5 miles of coastline, and contains areas owned by two federal agencies, namely the United States Fish & Wildlife Service (USFWS) and the United States Bureau of Land Management (BLM). BLM owns and manages 154 acres in the southern portion of the project area, which is known as Ma-le'l South. USFWS owns and manages 290 acres on the northern portion of the project area, which is known as Ma-le'l North.

5. Project Sponsor Name and U.S. Fish and Wildlife Service Address Humboldt Bay National Wildlife Refuge 1655 Heindon Road Arcata, CA 95521

and

U.S. Bureau of Land Management Arcata Field Office 1695 Heindon Road Arcata, CA 95521

6. General Plan Designation Natural Resources

7. Zoning Zoning conforms to general plan designations described above.

Ma-le’l Dunes CMA App. A 1 March 2008 Exhibit 3: CEQA Documentation

8. Description of Project The State Coastal Conservancy (SCC), together with the USFWS and BLM, proposes to implement the Ma-le'l Dunes CMA Public Access Plan (the Plan), which contains actions to accommodate appropriate and orderly public access and a range of recreational opportunities designed to minimize to the extent practical any adverse impact to the natural and cultural resources of the area. The Plan proposes new and continued operation of recreational land use allocations within the Ma-le’l Dunes CMA; it also proposes the new installation, upgrade, and/or continued operation of roads, day use areas, including parking areas and public restrooms, and designated coastal access trails and trail amenities, including informational and interpretive signing, two view decks, a footbridge, and a canoe and kayak landing and launching ramps. The Plan is intended to be the basis for construction drawings, educational and interpretive publications, inter-agency coordination, and future funding.

9. Surrounding Land Uses and The project area is west of the Mad River Slough, generally north Setting of the Mad River Slough Bridge on Hwy 255, and south of the Lanphere Dune Unit of the Humboldt Bay National Wildlife Refuge, but excludes the area that is occupied by Sierra Pacific Industries, the Redwood Gun Club, and a group of approximately eight residential properties.

Ma-le’l Dunes CMA App. A 2 March 2008 Exhibit 3: CEQA Documentation Exhibit 3: CEQA Documentation

Less than Less-than- Potentially Significant Significan No Significant with t Impact Impact Mitigation Impact Incorporated I. AESTHETICS. Would the Plan: a. Have a substantial adverse effect on a scenic ### vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock ### outcroppings, and historic buildings along a scenic highway? c. Substantially degrade the existing visual character or quality of the site and its ## # surroundings? d. Create a new source of substantial light or glare that would adversely affect daytime or ### nighttime views in the area?

Finding of Fact a. The Plan does not contain actions that would have any adverse impact to scenic vistas. b. The Plan is located near California State Highway 255, which is not currently listed as an official state scenic highway. The Plan does not contain actions that would have an adverse impact to scenic resources along a scenic highway. c. The Plan does not contain actions that would degrade the existing visual quality of the site. The Plan would change the existing visual characteristics of the Plan area by the construction of some of the proposed projects in the Access Plan. However, the access improvements proposed in the Plan, include provisions for enhanced recreational facilities and signage, which would likely enhance the visual quality of the site. The construction activities involved in the Plan areas may have an adverse effect on the visual quality of the site. However, due to the short-term nature of the activities, this impact would be temporary. d. The Plan would not involve installation of any new lighting systems or sources of glare.

Mitigation and Monitoring None Required

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Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated II. AGRICULTURAL RESOURCES. In determining whether impacts on agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation. Would the Plan: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared ###  pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use or conflict with a ###  Williamson Act contract? c. Involve other changes in the existing environment that, due to their location or ###  nature, could result in conversion of Farmland to non-agricultural use?

Finding of Fact a. The Humboldt County Land Use designation throughout the Plan area is Natural Resources, and it is located within the coastal zone as defined by the California Coastal Act. The Plan does would not require conversions of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. b. As the area is not zoned agricultural, the Plan does not conflict with zoning for agricultural use or a Williamson Act contract. c. There are currently agricultural lands used for grazing northeast of the Plan area. Projects contained in the access Plan are not anticipated to result in conversions of farmland to non-agricultural use.

Mitigation and Monitoring None Required

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Less than Less- Potentially Significant than- No Significant with Signific Impact Impact Mitigation ant Incorporated Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the Plan: a. Conflict with or obstruct implementation of the applicable air quality plans, such as the ## # Air Quality Attainment Plan or Congestion Management Plan? b. Violate any air quality standard or contribute substantially to an existing or ### projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a non-attainment area for an applicable federal or state ambient ### air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial ### pollutant concentrations? e. Create objectionable odors affecting a ### substantial number of people?

Finding of Fact a. The potential air quality impacts associated with Plan actions are limited to burning of wood from demolished buildings and short-term construction generated emissions, notably dust and vehicle emissions. The North Coast Regional Air Quality Management District construction and burning requirements concerning particulate matter and smoke would ensure that construction will cause a less than significant impact to the local air quality. b. Due to the nature of the Plan actions, a violation of air quality standards is not expected. c. Humboldt County is currently in attainment for all criteria pollutants except particulate matter. The air pollutant potentially generated by the projects contained in the Access Plan during construction-related activities would be particulate matter. Emissions from construction vehicles would be minor because construction-related activities would be temporary. d. Temporary and low pollutant concentrations indicate there would be no impact on sensitive receptors. e. The project actions are not anticipated to create objectionable odors.

Mitigation and Monitoring None Required

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Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated IV. BIOLOGICAL RESOURCES. Would the

project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, #  ## policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, #  ## or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act #  ## through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or #  ## with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological ### resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or ### other approved local, regional, or state habitat conservation plan?

a. Implementation of the Proposed Action, Alternative A could potentially result in the following impacts to threatened, endangered and special status species:  Direct impacts to Humboldt Bay wallflower, beach layia and other rare dune plants could result

Ma-le’l Dunes CMA App. A 7 March 2008 Exhibit 3: CEQA Documentation

from pedestrians, dogs or horses leaving the trail corridor and walking within rare plant areas, potentially crushing seed and reproductive individuals. Ground disturbance associated with off-trail foot traffic may also indirectly impact rare plants by causing degradation of suitable habitat areas (i.e. dune mat).  Special status salt marsh species, Humboldt Bay owl’s-clover and Point Reyes bird’s-beak, could be adversely affected by sediment transport during construction of the canoe/kayak launching ramp, which has the potential to bury seed or reproductive individuals. Other potential impacts to these species may result from an increase in foot traffic within salt marsh habitat near the proposed boat landings at Ma-le’l North.  Temporary impacts to water quality and sediment transport within the Mad River Slough from construction of the canoe/kayak launching ramp could adversely affect five species of special status fish known to utilize the slough, namely tidewater goby, coast cutthroat trout, the southern Oregon/northern California coho salmon ESU, the northern California steelhead ESU and the California coastal Chinook salmon ESU.  Temporary impacts to water quality caused by sediment transport associated with construction of the foot bridge over the seasonal wetland in the nearshore dunes and the wetland view deck over the freshwater/riparian swamp adjacent to railroad berm trail, both at Ma-le’l North, have the potential to adversely affect northern red-legged frog and northwestern pond turtle.  Activities associated with the proposed action that have the potential to adversely affect special status herons and egrets (specifically great egret, great blue heron, snowy egret and black-crowned night heron), raptors (Cooper’s hawk, sharp-shinned hawk, short-eared owl, northern harrier, white- tailed kite, merlin, peregrine falcon, bald eagle and osprey), and land birds (Vaux’s swift, yellow warbler, black-capped chickadee, purple martin, willow flycatcher, and bank swallow) include 1) the ongoing potential for disturbance associated with routine vegetation clearing to maintain an open trail corridor through the CMA, and 2) the potential for disturbance to breeding birds associated with the expansion of the parking area at Ma-le’l North involving the removal of approximately eight young beach pines and the placement of crushed gravel.

Implementation of Mitigation Measures 1, 2, 3, and 4 would ensure that potential adverse impacts to threatened, endangered and special status species associated with implementation of the Proposed Action, Alternative A would be less than significant.

b. Implementation of the Proposed Action, Alternative A could potentially result in the following permanent or on-going impacts to riparian and wetland habitats or other sensitive natural community:  The displacement of approximately 60 ft2 of wetland vegetation (i.e. wetland fill) for the installment of footings for the footbridge over the seasonal wetland in the nearshore dunes.  The displacement of less than one square foot of wetland vegetation due to the installation of two post piles as part of the repair of the wetland view deck along the railroad berm trail at Ma-le’l North.  Installation of the canoe/kayak landing ramp at Ma-le’l North is expected to permanently remove a minor amount of wetland vegetation (less than 300 ft2) composed mostly of dense-flowered cordgrass with small amounts of the native pickleweed, jaumea and saltgrass. Dense-flowered cordgrass is an invasive exotic plant in Humboldt Bay that displaces native salt marsh vegetation.  On-going impacts to native vegetation include routine vegetation clearing to maintain an open trail corridor through the CMA.

Implementation of Mitigation Measures 1, 5, and 6 would ensure that potential adverse impacts to sensitive natural communities associated with implementation of the Proposed Action, Alternative A would be less than significant.

Ma-le’l Dunes CMA App. A 8 March 2008 Exhibit 3: CEQA Documentation

c. Please see answer to ‘b’ above.

d. Activities associated with the Proposed Action, Alternative A that have the potential to interfere with the movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites include:

 The ongoing potential for disturbance to breeding birds associated with routine vegetation clearing to maintain an open trail corridor through the CMA.  The potential for disturbance to breeding birds associated with the expansion of the parking area at Ma-le’l North involving the removal of approximately eight young beach pines and the placement of crushed gravel.  The potential for siltation into dune swales and freshwater/riparian swamp, and the associated impacts to suitable amphibian and reptile habitat, that could result from the proposed installation of a foot bridge over the seasonal wetland in the nearshore dunes and the wetland view deck along the railroad berm trail at Ma-le’l North.  Disturbance to potentially nesting ospreys associated with the installation of the wetland view deck near the currently active osprey nest located approximately 50 meters west of the railroad berm trail at Ma-le’l North.  The potential for siltation into the Mad River Slough, and associated impacts to water quality and thus fish habitat, that could result from construction of the canoe and kayak launching ramp at Ma- le’l North.

Implementation of Mitigation Measures 1 and 2 would ensure that potential interference of wildlife use of the CMA associated with implementation of the Proposed Action would be less than significant.

Mitigation and Monitoring Based on the discussion above and the implementation of Mitigation Measures 1-6, the Plan would not significantly impact or adversely affect cultural resources.

Mitigation Measure 1: Planned improvements would occur during the dry season in seasonal wetlands and would incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Mitigation Measure 2: During the breeding season for birds likely to breed in the Ma-le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers.

Mitigation Measure 3: The USFWS will implement Humboldt Bay wallflower seed collection from existing populations on the adjacent Lanphere Dunes Unit, and subsequent dispersal within newly restored areas of the Fernstrom-Root and Ma-le’l parcels. This measure is designed to facilitate the expansion of the wallflower within the CMA and mitigate for potential adverse impacts from off-trail foot traffic. The refuge will obtain a recovery permit

Mitigation Measure 4: All construction activities occurring within or adjacent to endangered plant areas would be supervised by Ma- le’l Dunes CMA resource managers and would take place outside of the growing season to avoid impacts to reproductive individuals. In addition, before the commencement of work and when species are clearly visible all

Ma-le’l Dunes CMA App. A 9 March 2008 Exhibit 3: CEQA Documentation occurrences of Humboldt Bay wallflower rosettes (reproductive season is approximately March 1 through the end of the summer), beach layia (reproductive season is March to May), Humboldt Bay owl’s-clover (reproductive season is May through July), Point Reyes bird’s-beak (reproductive season is approximately June 1 through end of summer), and other rare plant species located near construction areas would be flagged and the CMA resource managers would document any adversely affected individuals.

Mitigation Measures 5: One hundred seventy-five square feet (175 sf) of high salt marsh habitat (6.4 to 8.9 feet above mean-low-low- water) that is dominated by dense-flowered cordgrass (Spartina densiflora) would be restored with pickleweed (Salicornia virginica) and saltmarsh (Distichlis spicata) and maintained as such as mitigation for the installation of the canoe/kayak landing/launching ramp.

Mitigation Measures 6: The development of a maintenance program for the forest trails in Ma-le’l North to ensure that routine vegetation clearing does not adversely affect locally rare plants identified by the CMA resource managers.

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated V. CULTURAL RESOURCES. Would the

Plan: a. Cause a substantial adverse change in the significance of a historical resource or historic property on the National Register ### of Historic Places, the California Register of Historic Places, or a local register of historic resources? b. Cause a substantial adverse change in the significance of an archaeological resource or historic resource (as per CEQA) or an #  ## adverse effect on an historic property (as per NHPA. Sec. 106)? c. Directly or indirectly destroy a unique paleontological resource or site or unique ### geologic feature? d. Disturb any human remains, including those interred outside of formal #  ## cemeteries?

Finding of Fact a. Archaeological and ethnographic investigations have been conducted within the Plan area from the early 1900’s to the present, and most recently by BLM and FWS upon acquisition of the respective properties (USDI-BLM 1988. Archeological Field Examination, Survey Unit Record, Lingren Parcel, Manila, CA: USDI-BLM 1991. Archeological Field Examination, Survey Unit Record, Mad River Slough and Dunes Management Area, Arcata, CA. USDI-BLM 1992. Memorandum 8100 AR-49 CA-056 Archeological Field

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Examination, Survey Unit Record, Manila Dunes, Arcata, CA. Angeloff, et al 2004. A Cultural Resources Overview and Inventory of Selected parcels of the US Fish and Wildlife Service Humboldt Bay National Wildlife Refuge, Lanphere Dunes and Proposed Ma-le’l Dunes Unit, Humboldt County, CA, Roscoe & Associates and Table Bluff Reservation-Wiyot Tribe. Arcata, CA). As a result of these research efforts, twelve (12) pre-contact Wiyot and Old Nation use areas have been identified and several isolated stone tools have been found and recorded. In addition, several historic places have been located, and the historic Hammond Lumber Company’s railroad grade is the structural foundation for the road and trail along the slough margin of the Ma-le’l Dunes CMA. Historic archaeologists and historians have determined and documented their findings that some of the historic resources located within the Ma-le’l Dunes CMA may be eligible for the National Register of Historic Places (Grangaard, M. USD-BLM-Arcata Field Office, Archaeologist, personal communication with Laura Kadlecik of HWR Engineering & Science, June 16, 2006). In addition, a cultural resources report was requested from the North Coast Information Center to determine if any cultural sites exist within the area of the proposed Plan. The results of the search indicate a high probability of finding sites or other evidence of human historic in or near the Plan area. The records review reported that 30% of the Plan area has been surveyed. b. There is a possibility that increased foot traffic near cultural sites or wandering from the delineated trails system by the public could negatively affect the cultural resources of the area as a result of the proposed Plan. Working with the Wiyot Tribe’s cultural resources specialist all trails within the Ma-le’l Dunes CMA were placed to avoid potential impacts to cultural resources. Despite the fact that proposed improvements have been sited in order to avoid impact to cultural resources, there is a possibility that visitors could still wander from the trail causing damage to cultural resources or undiscovered buried archaeological or historic resources. Additionally, these resources could be encountered during the installation of proposed improvements. The following mitigation measures were developed to reduce the potential impacts to less than significant. c. The project will not result in directly or indirectly destroying or impacting any known unique paleontological resource or site of unique geologic features. d. As a result of the high probability of finding sites or other evidence of human cultural activity in the Plan area, there is a possibility that undiscovered, buried archeological or historic resources could be encountered during the proposed construction activities. Mitigation Measure 7 provides provisions to protect cultural resources in the event that any archeological subsurface resource(s) are discovered pursuant to the North Coast Information Center recommendations and under the suggested guidelines of the California Indian Heritage Commission.

Mitigation and Monitoring Based on the discussion above and the implementation of Mitigation Measures 7-10, the Plan would not significantly impact or adversely affect cultural resources.

Mitigation Measure 7: In the event any undiscovered paleontological, archaeological, ethnic, or religious resources are encountered during grading or construction-related activities, in compliance with the state and federal law, all work within 100 feet of the resources shall be halted, the archaeologist for the land managing agency will be contacted, and the Plan applicants shall consult with a registered professional archaeologist and designated representatives of the Wiyot Tribal Governments to assess the significance of the find and formulate further mitigation. This would include coordination with the Native American Heritage Commission. The Native American Heritage Commission would contact the Wiyot Tribal Governments, as deemed necessary, to assist in assessing the significance of any find. If any find is determined to be of significance, the USDI-BLM and , FWS, and an appropriate representatives of the Wiyot Tribal Governments qualified archaeologist would meet to determine the appropriate necessary course of action. Pursuant to the California Health and Safety Code Section 7050.5, if human remains are encountered, all work would cease and the County coroner would be contacted. The county coroner and Native American Heritage Commission would be charged with determining if the human remains are of Native American origin.

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Mitigation Measure 8: Cultural monitors will be present during initial, native soil disturbance activities that occur at locations mutually agreed upon by the Wiyot Tribal Governments, USFWS, and BLM (as necessary) as areas of the greatest concern as determined through the process outlined in Mitigation Measure 10. Pursuant to Section 106 of the NHPA, potential impacts to cultural resources will be considered for all future ground disturbing activities associated with management of the CMA on a project-by-project basis..

Mitigation Measure 9: Regulatory signing would state that in accordance to federal and state laws, destruction, and defacement of historical objects (Penal Code 655-1/2 and Antiquities Act)) and removal of human remains (California Public Resources Code (PRC) 5097.5, PRC 70550.5, California Code of Regulations (CCR) Section 15064.5(e) and Archaeological Resources Protection Act (ARPA) at 43 CFR 7, Native American Graves Protection and Repatriation Act (NAGPRA at 43 CFR 10) is a punishable crime. Undesignated canoe and kayak landings located on the slough and within the project boundary would be re-vegetated and signed “No Landing/Re- vegetation in Progress.”

Mitigation Measure 10: USFWS, BLM (as necessary), and the Wiyot Tribal Governments would work collaboratively with a registered professional archaeologist to prepare a baseline review of the cultural resources that the Tribe and agency staff mutually agrees upon as the areas of greatest concern. Thereafter annual review with a registered professional archaeologist and designated representative of the Wiyot Tribal Governments would occur. Furthermore, Ma- le’l Dunes CMA managers would conduct regular monitoring to ensure against vandalism of cultural resources within mutually agreed upon areas of greatest concern. Results of cultural resources monitoring would be conveyed to the appropriate agencies and the Tribes.

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated VI. GEOLOGY AND SOILS. Would the

Plan: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault? ## # 2. Strong seismic groundshaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? b. Result in substantial soil erosion or the loss ###  of topsoil? c. Be located on a geologic unit or soil that is unstable or that would become unstable as ###  a result of the Plan and potentially result in an onsite or offsite landslide, lateral

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spreading, subsidence, liquefaction, or collapse? d. Be located on expansive soil creating ###  substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems in ###  areas where sewers are not available for the disposal of wastewater?

Finding of Fact a. The Plan is in an area that is subject to landslides due to the nature of moving sand dunes, which have large elevation changes. The proposed Plan is susceptible to impacts associated with seismic events (ground shaking and liquefaction) and structures could be lost during a seismic event. Structures would be engineered to withstand seismic events to the extent practicable; therefore, the threats to human life and structures are expected to be less than significant. Additionally, no significant infrastructure except for a view dock would be located on soils that are not subject to landslide and large elevation changes. The view deck, if determined feasible once environmental restoration of the surrounding is complete, will be designed to meet uniform building code with special attention to seismic considerations. b. Most trails outlined in the Access Plan consist of existing trails. Casual trails would be re-vegetated. One existing trail has some erosion, which is addressed in the access Plan. All new trails would be designed to prevent loss of topsoil and soil erosion. c. Plan actions would not locate significant structures, such as buildings or roads, on a geologic unit or soils that are unstable, or that would become unstable as result of the Plan. Soil studies would be conducted prior to construction of structures to determine site suitability. d. Plan actions would not locate a structure on expansive soils. Soil studies would be conducted prior to construction of structures to determine site suitability. e. The site is not associated with wastewater treatment or disposal, and no effluent discharges are planned under the proposed Plan. The Access Plan proposes a vault toilet system, which would be self-contained and periodically serviced for the disposal of wastewater.

Mitigation and Monitoring None Required

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated VII. HAZARDS AND HAZARDOUS MATERIALS. Would the Plan: a. Create a significant hazard to the public or the environment through the routine ###  transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or ### 

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the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or involve handling hazardous or acutely hazardous materials, substances, or waste within one- ###  quarter mile of an existing or proposed school? d. Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section ###  65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. Be located within an airport land use Plan area or, where such a Plan has not been adopted, be within two miles of a public ###  airport or public use airport, and result in a safety hazard for people residing or working in the project area? f. Be located within the vicinity of a private airstrip and result in a safety hazard for ###  people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency ###  response Plan or emergency evacuation Plan? h. Expose people or structures to a significant risk of loss, injury, or death involving wildland fires? ## # i. Expose people or structures to a significant risk of loss, injury, or death involving tsunamis?

Finding of Fact a. Except for construction materials, the Plan would not require the transport or use of hazardous materials. Typical construction-related materials, such as fuels and oils, would be used during construction. Construction workers may therefore be exposed to dust or emissions containing these materials. This impact is considered temporary and less than significant. Standard construction procedures would be implemented to reduce the emissions of dust or other pollutants during the proposed Plan. If potentially contaminated areas are encountered during construction qualified personnel would evaluate the area in the context of applicable local, state, and federal regulations governing hazardous waste. Handling and storage of fuels, flammable materials, and common construction-related hazardous materials are governed by California Occupational Safety and Health Administration (Cal/OHSA) standards for storage and fire prevention. b. Plan actions do not present a significant hazard to the public or environment involving the release of hazardous materials.

Ma-le’l Dunes CMA App. A 14 March 2008 Exhibit 3: CEQA Documentation c. The Plan actions are not in the vicinity of any existing or proposed schools. d. Please see response to 'a' above. e. Although airports are located in the region, there are no commercial or private airports/airstrips within the vicinity of projects contained in the Access Plan. The Plan would pose no significant safety hazard for people working or residing in the area as no lighting systems, sources of glare, tall structures, or significant sources of noise are associated with the Plan. f. Please see response to 'e' above. g. The Plan would not interfere with the adopted emergency response plan or emergency evacuation plan because construction-related activities would be located off the primary road network. h. Implementation of the Plan would not expose people or structures to a risk of wildland fires because the Plan area does not contain nearby urbanized areas or flammable wildlands. Any potential increase in fire hazards due to construction activities at the Plan site would be minimized because construction staff would adhere to all rules and regulations regarding the handling and storage of fuels and flammable materials. i. The proposed Plan would expose people to the risks associated with the event of a tsunami. The event of tsunami would primarily affect people that would be located on the nearshore dune complexes directly facing the Pacific Ocean. A tsunami striking other areas in the Ma-l’el CMA would have to overtop the approximate 90 foot elevations of the dune complexes. Evacuation from the project site is the only viable means for protecting human life. The nearest point above the likely tsunami flooding level is the top of the nearshore dunes which, at 90 feet appear to represent a reasonable protection from risk associated with tsunami inundation. Planned ignage at the parking areas would address all safety requirements for the risks associated with a tsunami.

Mitigation and Monitoring None Required

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated VIII. HYDROLOGY AND WATER

QUALITY. Would the Plan: a. Violate any water quality standards or ## # waste discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, resulting in a net ###  deficit in aquifer volume or a lowering of the local groundwater table level? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a ###  stream or river, in a manner that would result in substantial erosion or siltation onsite or offsite? d. Substantially alter the existing drainage  pattern of the site or area, including ### through the alteration of the course of a

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stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding onsite or offsite? e. Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or ## # provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water ## # quality? g. Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate ###  Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures that would impede or redirect ###  floodflows? i. Expose people or structures to a significant risk of loss, injury, or death ###  involving flooding, including flooding as a result of the failure of a levee or dam? j. Contribute to inundation by seiche, ###  tsunami, or mudflow?

Finding of Fact a. Construction activities proposed under the Plan would not result in any violations of water quality standards or waste discharges. Additionally, all construction activities possibly affecting water quality would be mitigated to a less than significant amount through the use of California Stormwater Quality Association's Stormwater Best Management Practice (BMP) Handbooks. Construction of the pedestrian footbridge over a seasonal wetland would take place during the dry season thereby avoiding impacts to water quality. b. The Plan does not call for any use of the areas groundwater resources. Level to groundwater varies throughout the Plan area. The soils within the Plan area are highly permeable, and no impact on groundwater recharge is anticipated. c. Plan actions would not alter existing drainage patterns. Additionally, erosion control planning on hiking trails is designed to prevent further erosion of the Plan area. d. Plan actions would not alter existing the drainage patterns. Erosion control design and planning on hiking trails would prevent flooding. e. There are no existing or planned stormwater drainage systems within the Plan area. f. Impacts of the proposed Plan on water quality are generally associated with construction and are expected to be temporary. The replacement of the wetland viewing deck and construction of the canoe and kayak landing and launching ramp would potentially disturb water quality on a temporary basis. Additionally, construction of the erosion control revetment along the railroad berm trail could possibly impact water quality due to its vicinity to the Mad River Slough. All construction activities possibly affecting water quality would be mitigated to a less than significant amount through the use of California Stormwater Quality Association's Stormwater Best Management Practice (BMP) Handbooks. Construction of the pedestrian footbridge over a seasonal wetland would take place during the dry season thereby avoiding

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impacts to water quality. Typical stormwater pollutants from parking lots are hydrocarbons and metals. In gravel parking lots the constituents are typically adsorbed and sequestered within the gravel media and therefore pose little potential risk to downstream receptors. Expansion of the Ma-le'l North parking area would be constructed using gravel, which is semi-permeable. Soil in the vicinity of the site is highly permeable. The design would include best management practices proposed in the Plan that would reduce erosion and non-point source pollution, and that meet the design guidelines and performance criteria of the California Stormwater Quality Association's Stormwater Best Management Practice (BMP) Handbooks. All projects proposed under the Plan that could potentially affect water quality will have to acquire several permits including NCRWQCB Section 401 Water quality certification, USACE Section 10 and Section 404 permit for filling or dredging of water of the United States, Humboldt Bay Harbor, Recreation and Conservation District encroachment permit for projects in tidelands below Mean High Water Elevations, California Coastal Commission Section 307 permit for projects located within the Coastal Zone, and State Water Resources Board General Construction Water Discharge Requirements for construction activities covering over one acre. g. There are no housing projects contained in the Access Plan. h. Portions of the Plan may be located within the 100-year flood hazard area. However, there are no structures that would impede or redirect flows. i. The Plan is not expected to expose people to hazards from flood events or inundation. j. The project area is within the tsunami hazard area due to its location adjacent to the Pacific Ocean. However, a tsunami event would not expose people to the risks associated with inundation due to the high elevations of the sand dunes.

Mitigation and Monitoring Based on the discussion above and the implementation of Mitigation Measures 1, the Plan would not significantly impact or adversely affect hydrology and water quality.

Mitigation Measure 1: Planned improvements would occur during the dry season in seasonal wetlands and would incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated IX. LAND USE AND PLANNING. Would

the Plan: a. Physically divide an established ###  community? b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, ###  local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat ##  # conservation plan or natural community

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conservation plan?

Finding of Fact a. The Plan would not divide an established community. b. The Plan does not conflict with any applicable land use plans, policies or regulations adopted for the purpose of avoiding or mitigating an environmental effect. c. The project area is included in the planning area of Recovery Unit 1 of the western snowy plover Pacific Coast Population Draft Recovery Plan (2001), and the recovery plan for seven coastal plants and the Myrtle's silverspot butterfly (1998). The Plan would not conflict with any habitat conservation plans or natural community conservation plans if permits are acquired that will comply with the requirements of the Recovery Unit 1 of the western snowy plover Pacific Coast Population Draft Recovery Plan (2001) and the recovery Plan for seven coastal plants and the Myrtle's silverspot butterfly (1998). These permits would include the United States Fish and Wildlife Service/ National Marine Fisheries Service Section 7 Consultation for the Biological Assessment, National Marine Fisheries Service Section 305 Consultation concurrent with Section 7, United States Fish and Wildlife Service Federal Migratory Bird Treaty Act consultation; and the California Department of Fish and Game Section 2080 consultation for species that are federally protected, Fish & Game Code Sections 3511, 4700, 5050 and 5515 for fully protected animals consultation, and Fish & Game Code Sections 3503 and 3503.5 Bird Nest Protection such as osprey consultation.

Mitigation and Monitoring None Required

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated X. MINERAL RESOURCES.

Would the Plan: a. Result in the loss of availability of a known mineral resource that would be of value to ###  the region and the residents of the state? b. Result in the loss of availability of a locally important mineral resource recovery site ###  delineated on a local general plan, specific plan, or other land use plan?

Findings of Fact a. The Plan would not result in a loss of mineral resource. b. The Plan site is not designated as an important mineral resource recovery site in local plans.

Mitigation and Monitoring None Required

Potentially Less than Less-than- No Significant Significant Significant Impact Impact with Impact

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Mitigation Incorporated XI. NOISE. Would the Plan: a. Expose persons to or generate noise levels in excess of standards established in a local ###  general plan or noise ordinance or applicable standards of other agencies? b. Expose persons to or generate excessive groundborne vibration or groundborne noise ###  levels? c. Result in a substantial permanent increase in ambient noise levels in the Plan vicinity ## # above levels existing without the Plan? d. Result in a substantial temporary or periodic increase in ambient noise levels in the Plan ## # vicinity above levels existing without the Plan? e. Be located within an airport land use Plan area, or, where such a plan has not been adopted, within two miles of a public airport ###  or public use airport and expose people residing or working in the plan area to excessive noise levels? f. Be located in the vicinity of a private airstrip and expose people residing or ###  working in the Plan area to excessive noise levels?

Finding of Fact a. Construction would be expected to generate short-term elevation of noise levels but would not violate noise standards for nearby communities. b. Residents near the Plan actions would not be exposed to excessive ground vibration or ground borne noise levels. c. The Plan would increase the number of people visiting in the Plan area. Subsequently there would be an increase in ambient daytime noise levels related to people’s conversations, vehicular engines, and vehicle doors closing. However, these levels are not expected to exceed ambient noise levels of outdoors speech interference thresholds of 60 to 70 dBA. d. The projects of the proposed Plan would generate short-term elevations of noise levels but not to levels that would violate noise standards in the Humboldt County General Plan or any other applicable standards. Noise levels from construction activities would be short-term and not permanently increase ambient noise levels. e. Although airports are located in the region, there are no commercial or private airports/airstrips within the vicinity of projects contained in the Access Plan. The project would not expose people working or residing in the area to excessive noise levels. f. Please see answer to 'e' above.

Mitigation and Monitoring

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None Required

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated XII. POPULATION AND HOUSING. Would

the Plan: a. Induce substantial population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., ###  through extension of roads or other infrastructure)? b. Displace a substantial number of existing housing units, necessitating the ###  construction of replacement housing elsewhere? c. Displace a substantial number of people, necessitating the construction of ###  replacement housing elsewhere?

Finding of Fact a. The Plan would not induce population growth because the Plan does not provide new homes or businesses or provide for the expansion of facilities that induce growth. b. The Plan would not result in the displacement of any housing units or people. Consequently, there would be no population and/or housing impacts associated with the Plan. c. Please see answer to 'b' above.

Mitigation and Monitoring None Required

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated XIII. PUBLIC SERVICES.

Would the Plan: a. Result in substantial adverse physical

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impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services: Fire protection? ###  Police protection? ## # Schools? ###  Parks? ###  Other public facilities? ### 

Finding of Fact a. As there would be no increase in human population resulting from the Plan, service ratios and response times of local fire protection would not be impacted. Demand for schools and other public facilities would not change. However, the Plan could increase the area for law enforcement jurisdiction of the Humboldt County Sheriffs Department and BLM law enforcement section. Visitor management tasks associated with visitor use would be the responsibility of BLM and USFWS. Both BLM and USFWS have committed staff to patrol the area and there would be an onsite resident caretaker. Additionally, the Plan proposes that BLM and USFWS will work internally with the Sheriff’s department to develop a law enforcement protocol, such that the increase will be accommodated. Potential impact to local law enforcement should be less than significant.

Mitigation and Monitoring None Required

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated XIV. RECREATION. Would the Plan: a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ## # deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational ## # facilities that might have an adverse physical effect on the environment?

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Finding of Fact a. The Redwood Gun Club is located directly adjacent to the properties that are contained in the Access Plan. The project could potentially increase use of this facility; however, the increase cannot be estimated. b. The Plan includes construction and expansion of recreational facilities. All new facilities, including construction and expansion of trails, would be designed to avoid adverse impacts on the physical environment. Potential impacts from the construction and use of these facilities and proposed mitigations are explained in detail in the Biological and Cultural Resources and Hydrology and Water Quality Sections of this analysis.

Mitigation and Monitoring None Required Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated XV. TRANSPORTATION/TRAFFIC.

Would the Plan: a. Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in the ## # number of vehicle trips, the volume to- capacity ratio on roads, or congestion at intersections)? b. Cause, either individually or cumulatively, exceedance of a level-of-service standard established by the county congestion ### management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels ### or a change in location that results in substantial safety risks? d. Substantially increase hazards because of a design feature (e.g., sharp curves or ## # dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? ### f. Result in inadequate parking capacity? ## # g. Conflict with adopted policies, plans, or programs supporting alternative ### transportation (e.g., bus turnouts, bicycle racks)?

Finding of Fact a. Traffic would increase on Young Lane (a county road) and on the access road (owned by USFWS), relative to the existing traffic. Casual observation indicates that currently, public access and associated traffic is

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limited to no more than ten cars a day, which park at the existing Ma-le'l South/BLM parking area, or just outside the USFWS gate. Signage, advertisements, and a public opening would encourage additional visitors to the area. However, the Plan actions are designed to accommodate this increase. The increase in traffic would not significantly impact the load or capacity of Young Lane. b. See answer to 'a' above. c. The Plan would not affect air traffic patterns. d. The Plan would continue to use gravel road access and gravel parking areas. Due to the limited width of the access road, signage would be required to remind drivers to obey the speed limit and to be aware of pedestrian and foot traffic. Within the parking areas there would be landscape barriers that separate pedestrian use from automobiles. Incorporation of these design features should not significantly increase hazards associated with transportation/traffic. e. The proposed Plan would improve access to the Ma-le'l Dunes area during daylight hours. Emergency access at nighttime hours would be accommodated by providing keys to the locked gates to appropriate law enforcement officers and emergency services. f. The Plan proposes to expand and improve parking as well as provide areas where parking can be expanded. Therefore, the Plan would not result in inadequate parking facilities. g. Improved access to the Ma-le'l Dunes Area by alternative modes of transportation is included in the proposed Plan. The Plan would not conflict with adopted policies, plans, or programs supporting alternative transportation.

Mitigation and Monitoring None Required

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated XVI. UTILITIES AND SERVICE

SYSTEMS. Would the Plan: a. Exceed wastewater treatment requirements of the applicable Regional ###  Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ## # facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the ## # construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing ###  entitlements and resources, or would new or expanded entitlements be needed? e. Result in a determination by the ###  wastewater treatment provider that serves

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or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the ###  projects solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations related to solid ###  waste?

Finding of Fact a. The proposed Plan would not release any wastewater discharges due to the fact that the Plan proposes to install vault toilets, which are self-contained and requires minimal pumping. b. The site is not associated with wastewater treatment or disposal and no effluent discharges are planned under the proposed Plan. The Plan proposes a vault toilet system for the disposal of wastewater, which is contained and periodically serviced. c. The expansion of the parking facilities and improvement to the access road included in proposed Plan could potentially impact stormwater drainage. As described in the Hydrology section, the parking lot design would include BMP’s that reduce erosion and non-point source pollution, and would meet the design guidelines and performance criteria of the California Stormwater Quality Association's Stormwater Best Management Practice (BMP) Handbooks. Typical stormwater pollutants from parking lots are hydrocarbons and metals. In gravel parking lots the constituents are typically absorbed and sequestered within the gravel media and therefore pose little potential risk to downstream receptors. d. A water line to the caretaker area currently exists and no new or expanded entitlements are needed. e. Please see answer to 'b' above. f. The minimal increases in solid waste generated by the projects contained in the Access Plan are expected to have no impact on the Humboldt Waste Management Authority’s (HWMA) transfer station, which is currently operating at 350 tons per day below its capacity. g. The projects contained in the access would comply with all federal, state, and local regulations, including those pertaining to solid waste.

Mitigation and Monitoring None Required

Less than Potentially Significant Less-than- No Significant with Significant Impact Impact Mitigation Impact Incorporated XVII. MANDATORY FINDINGS OF

SIGNIFICANCE a. Does the Plan have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or #  ## wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or

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animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b. Does the plan have impacts that are individually limited but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a ##  # project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c. Does the project have environmental effects that would cause substantial adverse ###  effects on human beings, either directly or indirectly?

Finding of Fact a. The analysis in this Environmental checklist shows that the project as described, and with the proposed mitigation measures, will have no substantial adverse effects or significant impacts on the environment, fish or wildlife, or on people. Mitigation measures have been added to prevent significant impacts and to minimize already less than significant impacts in the following categories: biological resources, cultural resources, and hydrology and water quality. The mitigation measures recommended will reduce any potential impacts, either directly or indirectly, to a level that is considered less than significant b. Implementation of the proposed project will not add appreciably to any existing or foreseeable future significant cumulative impact, such as species endangerment, or wetland loss. Incremental impacts, if any, will be negligible and undetectable. One unique and fortunate characteristic of the proposed project is that the roadway, parking areas, and most of the forest and dune trails already exist within the Plan area and need only be upgraded, improved upon, repaired, signed, and/or marked in order to accommodate safe and orderly public use. The continued increase of open public recreational opportunities along the beach and dunes of the north spit and the development of additional housing nearby have the potential to cause cumulative impact to the biological and cultural resources located within the Plan area. However, the continuation of planned and coordinated restoration efforts, particularly those that benefit threatened, endangered, or special status species and habitats, will limit any considerable cumulative impact to less than significant. c. Please see answer “a” above.

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Table of Contents

Introduction...... 1

Critical Habitat...... 1

Consultations to Date...... 1

Current Management Direction ...... 1 Bureau of Land Management – Ma-le’l South ...... 2 U.S. Fish and Wildlife Service – Ma-le’l North ...... 2 Cooperative Management Goals...... 2 Description of Proposed Action (Alternative A) ...... 3 Public Uses: ...... 3 Access and Circulation: ...... 4 Access Infrastructure: ...... 4 Access Management: ...... 5 Minimization Measures: ...... 6 Endangered Plants ...... 6 Conservation Recommendations ...... 8 Western Snowy Plover...... 8 California Brown Pelican ...... 9 Action Area...... 9 Endangered Plants...... 9 Dune Mat ...... 10 Dune Swale ...... 10 European Beachgrass...... 11 Lupine–Coyote Brush Scrub...... 11 Open Sand Areas...... 12 Species Accounts and Status within the Action Area ...... 12 Humboldt Bay Wallflower...... 12 Beach Layia ...... 14 Western Snowy Plover...... 16 California Brown Pelican...... 17 Effects of the Proposed Action ...... 18 Endangered Plants...... 18 Western Snowy Plover...... 20 California Brown Pelican...... 20 Cumulative Effects...... 20 Exhibit 3: CEQA Documentation

Analysis of Alternative Actions...... 21 Alternative B: Multi-Use Throughout and Additional Improvements ...... 21 Public Uses: ...... 21 Access Infrastructure: ...... 21 Analysis of Alternative B ...... 21 Alternative C: Protection and Restoration ...... 22 Analysis of Alternative C...... 22 Alternative D: No Action...... 22 Analysis of Alternative D...... 23 Conclusions and Determinations ...... 23 Humboldt Bay Wallflower...... 23 Beach Layia ...... 23 Western Snowy Plover...... 23 California Brown Pelican...... 23 Bibliography ...... 24

List of Figures Figure 1 Site Location Map Figure 2 Ma-le’l Dunes CMA Map Figure 3 Existing Vegetation Habitat Types at the Ma-le’l Dunes CMA Figure 4 Federally Listed Plant Species at the Ma-le’l Dunes CMA Exhibit 3: CEQA Documentation

Introduction The purpose of this biological assessment is to review the proposed Ma-le’l Dunes Cooperative Management Area Public Access Plan in sufficient detail to determine to what extent the proposed action may affect any of the Threatened or Endangered species listed below. This biological assessment is prepared in accordance with legal requirements set forth under section 7 of the Endangered Species Act (ESA) (16 U.S.C. 1536 (c)). Species lists were requested from the United States Fish and Wildlife Service (USFWS) Arcata Field Office website and a list of endangered, threatened proposed and candidate species was generated for the Eureka and adjacent (Tyee City, Arcata North, Arcata South, McWhinney Creek, Fields Landing and Cannibal Island) 7.5 minute United States Geological Survey (USGS) quadrangles on 17 January, 2006 (Document numbers 631592170-105313, -105429, -105639, -105649, -105719, -105742, and - 105810). The California Natural Diversity Data Base (CNDDB) was also queried for the project region in January of 2006. The following species are considered in this document: Humboldt Bay wallflower (Erysimum menziesii ssp. eurekense) Endangered Beach layia (Layia carnosa) Endangered Western snowy plover (Charadrius alexandrinus nivosus) Threatened California brown pelican (Pelicanus occidentalis californicus) Endangered Critical Habitat The action addressed within this biological assessment does not fall within Critical Habitat for western snowy plover. Final ruling on Critical Habitat for western snowy plover was established by the USFWS on September 29, 2005 (USFWS 2005). Critical Habitat has not been designated for Humboldt Bay wallflower, beach layia or California brown pelican. California brown pelican has been proposed for removal from the Endangered Species List. Consultations to Date There has been no formal consultation to date. David Imper, USFWS Ecologist from the Arcata Field Office, was informally consulted on February 15, 2006 regarding the status of the federally endangered western lily (Lilium occidentale) within the action area. Mr. Imper concurred that the proposed action will have no effect on western lily, considering that no occurrences of this species are known from the Ma-le’l Dunes CMA and suitable habitat is limited.

Current Management Direction The 444-acre Ma-le’l Dunes Cooperative Management Area (CMA) consists of parcels owned by the Bureau of Land Management (BLM) and the USFWS. Therefore, the proposed action must be undertaken within the framework of the ESA policies of both federal agencies. Both the BLM and the USFWS share common goals for cooperatively developing and managing their respective properties

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for public access, which include protecting the natural and cultural resources of the area while providing public access for recreation, education and research activities.

Bureau of Land Management – Ma-le’l South The Ma-le’l Dunes CMA falls within the BLM’s Samoa Peninsula Management Area under the guidance of the BLM Arcata Resource Management Plan. The agency’s overarching mission is to sustain the health, diversity and productivity of public lands for the use and enjoyment of present and future generations. General management guidance for the BLM’s resource programs is derived from laws, Executive Orders, regulations, Department of Interior manuals, BLM manuals, and instruction memoranda (Washington and California State Offices). Together, these form the basis for management decisions concerning the public land resources and programs managed by the Arcata Field Office. General management policy for the Arcata Field Office is also provided by the federal Land Policy and Management Act. All BLM actions are subject to the National Environmental Policy Act, the Clean Water Act and the Endangered Species Act. Although the agency operates under a multiple-use mandate, the 154-acre BLM-owned portion of the Ma-le’l Dunes CMA (Ma-le’l South) will allow for limited recreational activities as defined in their Arcata Resource Management Plan and subsequent amendments, which recommends actions for resource protection and provisions for public and recreational use on both the north and south spits of Humboldt Bay, and on the uses outlined in the Ma-le’l Dunes Public Access Plan (HWR 2006, USDI- BLM 2004b).

U.S. Fish and Wildlife Service – Ma-le’l North The 290-acre USFWS-owned portion of the Ma-le’l CMA (Ma-le’l North) comprises the Ma-le’l Dunes Unit of the Humboldt Bay National Wildlife Refuge (HBNWR). The mission of the HBNWR is to protect fish and wildlife resources of national importance while providing opportunities for the public to appreciate and enjoy the natural heritage of the Humboldt Bay region. Along with other public and private lands around Humboldt Bay, the lands of the HBNWR are key stopover points for millions of birds that migrate along the Pacific Flyway. The refuge also includes the Lanphere Dunes Unit, which is adjacent to the CMA at its northern border. As noted in the Ma-le’l Dunes Public Access Plan “the refuge contains the most pristine remaining dune ecosystem in the Pacific Northwest and supports rare and representative examples of older forested dunes, young active dunes, dune swale wetlands, and coastal salt marsh (EDAW 2006).” The enabling legislation for the Lanphere and Ma- le’l Dunes Units include the Endangered Species Act, in recognition of the need for protection of endangered species and their habitats. Additional management guidance for the proposed action is also provided by the Recovery Plan for the Seven Coastal Plants and the Myrtle’s Silverspot butterfly, the Humboldt Beach and Dunes Management Plan (1995) and the US Fish and Wildlife Service (USFWS) Conceptual Management Plan for the Lanphere Dunes Unit, Humboldt Bay National Wildlife Refuge.

Cooperative Management Goals The proposed action is consistent with all of the above-listed policies and resource/land management plans as well as with the goals of the California State Coastal Commission (SCC) which are to “protect, restore and enhance coastal resources and to provide access to the shore”. In addition, the proposed action will adhere to any interagency agreements that may be entered into to facilitate cooperation and coordinated management of the Ma-le’l Dunes CMA.

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The following cooperative agreements would be established:  Agreement between BLM, USFWS, and the Redwood Gun Club;  Agreement between BLM, USFWS, and the Wiyot Tribe;  Agreement between USFWS and Sierra Pacific;  Agreement between BLM and Friends of the Dunes. The proposed access plan includes goals to accommodate safe and orderly public access and a range of recreational opportunities that minimize, to the extent practicable, any adverse impacts to the natural and cultural resources of the area. Toward this end, the following objectives have been proposed in the plan:  Incorporate the minimal public access facility improvements necessary to support recreational activities such as hiking, sightseeing, wildlife viewing and photography, picnicking, dog walking, horseback riding, and Americans with Disabilities Act (ADA) accessibility;  Incorporate provisions for the safety and well-being of visitors to the area;  Minimize impact to native dune plant communities, coastal wetland habitat, salt marsh habitat, populations of endangered Humboldt Bay wallflower and beach layia, and cultural resources;  Include interpretive information that fosters public awareness and appreciation of the area’s natural and cultural resources via local publications, educational brochures, and wayside exhibits;  Intensively manage for increased visitor use levels over the next 10 years;  Suggest format and content of cooperative management agreements between agencies and organizations involved in planning, management, enforcement, biological research and public outreach;  Identify strategies for implementing and maintaining public access to the area;  Identify potential sources of funding for recommended infrastructure improvements.

Description of Proposed Action (Alternative A) The proposed action, as described in the Ma-le’l Dunes Cooperative Management Area Public Access Plan, is to provide a range of public uses with minimum improvements to facilitate safe and orderly public access to the Ma-le’l Dunes CMA for recreation, education, and research activities (HWR 2006). Although currently open to the public, recreational use and public access improvements at Ma- le’l South were approved and implemented on an interim basis (USDI-BLM 2004a, USDI-BLM 2004b). Some of the pedestrian trails and beach access through the nearshore dunes of Ma-le’l South (where sensitive biological resources are present) are not currently delineated and pedestrian – vehicle conflicts exist along the access road. Pedestrian trails and beach access through the nearshore dunes of Ma-le’l North (where sensitive biological and cultural resources are present) are also not delineated and much of Ma-le’l North completely lacks amenities to support safe public access. The proposed action (preferred alternative) has the following design features, which are presented in the categories of public use, access and circulation, access infrastructure, and access management.

Public Uses:  Overnight camping would be prohibited, except as allowed at Ma-le’l South for special events, on a case by case basis that meet specific criteria;  Fire would be allowed only in designated sites at Ma-le’l South;

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 Motorized vehicle use outside of roadways and parking areas would not be allowed except in an emergency or for authorized maintenance, construction, restoration, or research purposes;  Environmental restoration activities would continue;  Educational field trip access would continue and increase;  Firearms, crossbow/bow shooting, mineral sales, and livestock permits and leases would continue to be prohibited;  Continued and increased pedestrian use and associated activities would be allowed only on 5,250 feet (~1 mile) of designated trails, open sandy areas, and on the wave slope;  Continued and increased equestrian use would be allowed on 4,200 feet (0.8 miles) of designated trails and the wave slope on Ma-le’l South. Horses will not be allowed on Ma-le’l North;  New pedestrian use would be allowed on 18,300 feet (3.5 miles) of newly designated and/or improved existing casual trails in the nearshore dunes and forest;  Continued and increased off-leash dog walking would be allowed on designated trails and open sands throughout Ma-le’l South and along the wave slope. Dogs would continue to be required to be leashed in the Ma-le’l South parking/picnic area. Dogs would not be allowed on Ma-le’l North;  Group camping may be allowed on a case by case basis at the Ma-le’l South Special Event Area based on specified criteria;  Continued, new, and increased vegetative gathering for personal use from designated forest trails would be allowed by the general public from May to November in Ma-le’l South only, and otherwise by special permit on a case by case basis;  Continued, new, and increased vegetation gathering for personal use by tribal members would be allowed in accordance with a memorandum of agreement with the Wiyot Tribe;  Canoe and kayak launching and landing would be allowed in designated locations only;  Access for people with disabilities would be provided at the Ma-le’l North and South parking and picnic areas and restrooms, and along approximately 2,800 feet (0.5 mile) of trail.

Access and Circulation:  Continued existence and increased use of the improved Ma-le’l South day use/picnic area would be allowed;  The existing gravel access road leading to the designated parking areas in both Ma-le’l North and Ma-le’l South would be improved and resurfaced. The road would remain “one lane” at 16-20 feet in width. Measures to improve road safety, drainage and durability would include: construction of “pull outs” in areas where no fill in wetlands or bank cuts are required, a turning radius at the Young Lane – access road intersection to accommodate vehicle turn- around, and gutter sections along roadway where needed;  Pedestrians, bicycles, and motorists would be notified, through signing, to be aware of each other and to use caution along the road.

Access Infrastructure:  Dilapidated structures, remnant posts, and wire fencing would be removed.  The boundary fence along the shared BLM/Ma-le’l South and USFWS/Ma-le’l North property line would be removed.

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 The casual parking area adjacent to the Pacific, Gas, and Electric high voltage transmission line/tower would be closed.  The gate located near the high voltage tower would be moved approximately 80 feet south, closer to the Young Lane-access road intersection.  The existing wetland view deck would be re-constructed.  New improvements to the Ma-le'l South day use picnic area would include the installation of a water spigot for equestrian use, and a bicycle rack.  A 1,000-foot pedestrian safety corridor along the access road would be installed.  The existing caretaker trailer pad and surrounding area would be improved. This would entail re-grading of the pad area, placement of base gravel, and vegetation clearing.  The Ma-le'l North parking/day use picnic area would be enlarged and re-oriented to accommodate increased use, and would be re-surfaced with crushed gravel. It would also be upgraded to include: Ten motorized vehicle spaces and bus parking with one ADA vehicle space, with expansion of the parking area for nine additional motorized vehicle spaces.  A kayak and canoe ramp measuring approximately 8 feet wide and 35 feet long would be installed at the Ma-le’l North parking/day use picnic area.  A bicycle rack, information kiosk, picnic tables, trash and recycling receptacles, and an ADA accessible vault toilet would be installed at the Ma-le’l North parking/day use picnic area.  2,800 ft. (0.5 miles) of ADA compatible surfacing would be installed along the railroad berm trail. Trailhead steps, cable steps, and wooden steps and rail would be installed at various locations along trail ways.  Casual trails though out the project area would be taken out of use and re-vegetated.  7,000 feet (1.3 miles) of new beach access trails and 11,300 feet (2.1 miles) of new forest trail would be delineated and marked with trail markers.  A 15-foot long footbridge would be installed over a seasonal wetland area along a beach access trail.  An 8-foot by 10-foot dune view deck would be constructed.  Eight benches along the railroad berm trail would be installed.  A coordinated signing program would be designed and implemented to include kiosks and the following sign types: entry, information, and safety, boundary, regulatory, trail marker and direction, interpretive, and temporary.

Access Management: A full time onsite caretaker position and protocols regarding vehicle control, law enforcement, and security would be established. The following cooperative agreements would be established:  Agreement between BLM and USFWS for the management of the Ma-le’l Dunes CMA;  Agreement between BLM, USFWS, and the Redwood Gun Club;  Agreement between BLM, USFWS, and the Wiyot Tribe;  Agreement between USFWS and Sierra Pacific; and  Agreement between BLM, USFWS, and Friends of the Dunes. This biological assessment addresses those elements of the proposed action that may result in direct or indirect impacts to habitats known to support, or with potential to support (e.g. as a result of on-going

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habitat restoration) federally listed species. This applies to the beach and nearshore dune environments within the CMA. It includes an assessment of the continued public use of recently improved areas within the southern portion of the CMA only as these activities relate to a change from the existing condition and public uses. Specific proposed actions identified within the access plan that may affect listed species and/or designated critical habitat include the following: 1. Establishment of 7,000 linear feet of new trail within the nearshore dunes, 354 linear feet of which pass through or immediately adjacent (within 50 feet) to endangered plant areas and the related impacts from public access; 2. Installation of boundary and directional trail signs within the nearshore dune environment. These signs will be placed at appropriate sight distances for clear trail and property boundary demarcation; 3. Decommissioning of casual trails within the nearshore dune environment. This may include native plant revegetation and/or erecting natural barriers or signs; 4. Construction of a footbridge over seasonal wetland within the nearshore dunes. This bridge will be installed in the foredunes across a seasonal wetland located on the Hudt Trail route within Ma-le’l North. It is described in the access plan as a puncheon-style footbridge spanning approximately 15 feet long and 4 feet wide, with anchors to prevent theft. Of particular significance, proposed improvements and recommended public uses outlined in the access plan are expected to lead to an increase in visitor use to the beach and nearshore dunes. The USFWS estimated the public use of the Mad River Slough Cooperative Management Area between 1992 and 1994, prior to acquisition of the Ma-le’l Dunes addition, at approximately 2,000 visitors per year (USFWS 2004). Use figures from the adjacent BLM property were estimated as high as 6,000 per year during that same period (USFWS 2004). Visitors to Ma-le’l South and Ma-le’l North are expected to total approximately 16,500 and 8,000 persons per year, respectively, upon implementation of the access plan (HWR 2006). This represents an estimated 64% increase in visitor use to Ma-le’l South, and an estimated 75% increase in visitor use to Ma-le’l North upon implementation of the proposed action.

Minimization Measures: Endangered Plants A primary component of the Ma-le’l Dunes CMA Public Access Plan is to establish a designated hiking trail system to provide pedestrian access to the beach and nearshore dunes. Ma-le’l South has an existing equestrian and hiking trail system currently in use, however, beach access is not well defined or adequately signed at Ma-le’l North, and a number of causal trails have become established throughout the CMA. The access plan provides for the consolidation and/or decommission of various casual trails currently in use to avoid or minimize impacts to sensitive biological and cultural resources, as well as the extension of existing trails to provide further opportunities for beach and dune access. Those portions of the proposed trail system that pass through sensitive dune environs were selected to avoid, to the extent practicable, endangered plant areas and/or cultural resource sites. The proposed route was selected in consultation with Friends of the Dunes representative Carol Vandermeer, U.S. Fish and Wildlife Service’s Natural Resource Specialist Patti Clifford, and Wiyot Cultural Resource Advisor Marne Atkins, and based on the most recent distribution data for endangered plant populations provided by USFWS and BLM (pers. comm. Laura Kadlecik HWR Engineering & Science). Proposed new trail sections generally follow existing casual trails in all but a few locations,

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and there are no new trail sections proposed through any existing rare plant areas. While the new alignment does not avoid endangered plant areas entirely (in some areas the trail passes within a few feet of known occurrences of rare plants), it is considered the least environmentally damaging alternative. The access plan recommends the use of a variety of signs to welcome visitors to the CMA and to provide direction and guidance regarding land use regulations, interpretive information and boundary demarcation (HWR 2006). The use of regulatory signs will serve to inform visitors of regulations pertaining to biological resource protection, and directional trail signs will serve to clearly delineate hiking trails and discourage visitors from entering endangered plant areas. Boundary signs will be used to inform visitors where there is a change in ownership, jurisdiction, and/or management. Directional trail signs and boundary signs are especially important in the open dunes to distinguish the trail corridor and to discourage entry onto adjacent properties such as the Lanphere Dunes Unit of HBNWR. Directional trail signs and boundary signs will be installed at appropriate sight distances for clear trail/property boundary demarcation. In this regard, the use of signs is expected to partially mitigate for the expected increase in visitor use to the CMA by consolidating foot traffic and minimizing the potential for trampling of endangered plant species. The development of the signing program will be consistent with the Humboldt Bay Interpretive Signing Manual (2003) developed by the Natural Resources Division of the Redwood Community Action Agency (HWR 2006). The installation of directional signs or boundary signs within or adjacent to endangered plant areas will require a pre-construction survey to insure that activities associated with the placement of the signs (i.e. digging, material lay down, etc.) do not disturb or remove any endangered plant species. All work related to trail development within an endangered plant area shall be overseen by a USFWS or BLM CMA resource manager. All construction activities occurring within the nearshore dune community (initial placement of signs, construction of bridge over seasonal wetland) shall be timed to avoid the beach layia-growing season. All occurrences of Humboldt Bay wallflower located adjacent to construction areas shall be flagged in the field prior to commencement of work, and the resource manager will document any adversely affected individuals. In addition to the minimization measures listed above, the USFWS will implement a conservation measure for Humboldt Bay wallflower that involves the collection of seed from reproductive individuals found within the Lanphere Dunes Unit and their subsequent dispersal within newly restored habitats on the Fernstrom-Root Parcel at Ma-le’l North. The USFWS proposes to collect and distribute seed over a period of two seasons, and monitor for the successful introduction of the wallflower to the Fernstrom-Root parcel on year three (pers. comm. Andrea Pickart USFWS). Success shall be determined by estimating the number of flowering individuals on the Fernstrom-Root property by the third season. This measure is intended to facilitate the expansion of the wallflower population to newly restored areas within the CMA, and to help offset potential adverse impacts from ground disturbance associated with the anticipated increase in public access to the nearshore dunes. In summary, the following measures shall be implemented in conjunction with the Ma-le’l Dunes CMA Access Plan to minimize potential adverse effects to endangered plant populations: 1. Trail routes through the dune environs shall represent the least environmentally damaging alternative, as identified by the CMA agency resource managers and staff and based on the most recent distribution data for beach layia and Humboldt Bay wallflower; 2. New trail routes will be sited in existing casual trails to the greatest extent possible to limit ground disturbance. All other casual trails will be decommissioned to minimize the effects of trampling to native vegetation;

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3. Regulatory, directional and boundary signs will be utilized to inform visitors of regulations pertaining to biological resource protection, clearly delineate hiking trails and discourage entry into adjacent properties, particularly along the northern boundary between the Ma-le’l and Lanphere Units; 4. The boundary between the Ma-le’l Dunes Unit and the Lanphere Dunes Unit of HBNWR will be signed at intervals of no more than 300 feet from the beach to the forest edge to indicate a USFWS management change, and as necessary based on site and trail configuration to discourage off trail use in the vicinity of sensitive resources. “No dogs beyond this point” signs will be posted adjacent to the USFWS boundary signs, including the boundary USFWS shares with the BLM that is within the CMA project area; 5. All work related to trail development within an endangered plant area shall be overseen by a CMA agency resource manager or staff; 6. Construction activities conducted within the nearshore dune community (i.e. initial placement of signs, construction of bridge over seasonal wetland) shall be timed to avoid the beach layia growing season; 7. All occurrences of Humboldt Bay wallflower located adjacent to construction areas shall be flagged in the field prior to commencement of work, and the overseeing agency resource manager will document any adversely affected individuals. 8. USFWS will implement a conservation measure for Humboldt Bay wallflower that involves the collection of wallflower seed and subsequent dispersal in newly restored habitats on the Fernstrom-Root parcel at Ma-le’l North. Existing management activities currently conducted by the BLM and USFWS are expected to continue in perpetuity for the protection of endangered plant populations. As implemented, these measures will further serve to monitor potential impacts to endangered plant populations resulting from an increase in visitor use of the CMA. These include: 1. Monitoring for new invasions of exotic species, especially in the vicinity of the equestrian trail resulting from horse feces, and their subsequent eradication; 2. Rare plant population monitoring as identified in existing management plans, including monitoring within the Lanphere Dunes Unit to identify potential indirect offsite impacts from unauthorized pedestrian access; 3. On-going restoration activities, which are expected to increase suitable habitat for endangered species. USFWS is currently in the process of implementing a restoration plan at Ma-le’l North designed to restore the natural function (biotic and abiotic processes) of the dune system by removing invasive, nonnative vegetation and to achieve a “virtually self-maintaining system” (EDAW 2004). Since 1994, the BLM has worked with the California Conservation Corps (CCC) to remove upward of 20-acres of European beachgrass at Ma-le’l South, although much work is still needed for the treatment of resprouts (USDI-BLM 2004b, HWR 2006).

Conservation Recommendations Western Snowy Plover When native vegetation throughout the CMA was in an earlier successional stage and the foredune was poorly developed, the beach and backdunes of the CMA possibly supported suitable breeding habitat for the western snowy plover. Breeding season surveys have been conducted within portions of the CMA since 1997, and have not resulted in the documentation of breeding plovers there. However,

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the surveys are not considered adequate to determine probable presence or absence of the western snowy plover because they have been inconsistent and have not included a survey of the backdunes. Because of a lack of recent intensive breeding season surveys for the species throughout the foredunes and backdunes of the CMA a monitoring scheme will be implemented as part of the Ma-le’l Public Access Plan. Monitoring will include a minimum of 1 breeding season (March 1 September 15) survey per month in suitable habitat and will be implemented as funding and personnel resources are available, so that plover use during the breeding season may be detected. Should plovers be detected within the CMA during the breeding season, the BLM and HBNWR will immediately coordinate with the USFWS to determine appropriate protection measures, which would utilize the most current methodologies for plover protection. BLM and HBNWR will re-initiate consultation if ongoing activities may affect the species.

California Brown Pelican The action area falls outside of the breeding range for California brown pelican. In addition, no suitable breeding habitat for brown pelican occurs within the action area. Brown pelican may incidentally use the wetted intertidal zone within the CMA while foraging the nearshore area; however, most pelican use is at river mouths within the Eel River, Humboldt Bay, and Mad River areas. Therefore, no adverse impacts to the species are expected and no conservation recommendations for the species. Action Area The action area is defined as the Ma-le’l Dunes CMA and includes both BLM and USFWS property that will be cooperatively developed and managed to accommodate public access. It encompasses 444 acres of public land along a 1.5-mile stretch of coastline on the Samoa Peninsula (North Spit) of Humboldt Bay between the City of Arcata and the unincorporated community of Manila in Humboldt County, California (Figure 1). Access to the action area is via Ma-le’l Road from Young Lane off Samoa Boulevard/State Highway 255. The site is bordered to the west by the Pacific Ocean, to the north by the Lanphere Dunes Unit of the HBNWR, to the east by Humboldt Bay and the Mad River Slough, and to the south by the BLM Manila Dunes Area of Critical Environmental Concern (ACEC). A public shooting range (the Redwood Gun Club (RGC)), an active lumber mill (Sierra Pacific Industries (SPI)) and several residential properties also abut the CMA (Figure 2). The BLM owns and manages the southern 154 acres and the USFWS owns and manages the northern 290 acres of the 444-acre CMA, known as Ma-le’l South and Ma-le’l North, respectively. Ma-le’l South includes 112 acres of the Manila Dunes ACEC and a 42-acre property formerly leased by the Humboldt Buggy and ATV Association (a.k.a. “The Buggy Club”) and known as the Khoaghali parcel. Ma-le’l North includes the recently created Ma-le’l Dunes Unit of the HBNWR Complex and is comprised of the Fernstrom-Root property (formerly part of the Lanphere Dunes Unit of HBNWR) and a 160-acre property formerly owned by the Buggy Club and historically called “the buggy club parcel” (HWR 2006).

Endangered Plants The Ma-le’l Dunes CMA features a unique assemblage of coastal dune, forest, and wetland communities that comprise a portion of the dune-slough ecosystem of the upper Samoa Peninsula, or North Spit. The North Spit is a relatively mature dune system that contains a diversity of landforms.

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Typically, the dune system begins above the beach with the foredune, a ridge of sand that forms parallel with the beach above the mean high tide. Behind the foredune is a series of longitudinal ridges and swales oriented parallel to the prevailing winds. Collectively, the foredune, ridges, and swales are referred to as the nearshore dunes. East of the nearshore dunes is a deflation plain that grades into large parabolic moving dunes or sand sheets. Older dunes, located east of the moving dunes, consist of stabilized parabolas, ridges and depressions that support coniferous coastal forest on the uplands and deciduous forest or marshes in the low lying wetlands. Estuarine wetlands associated with the Mad River Slough occupy the far eastern side of the CMA. The discussion of the existing environment is restricted to habitats within the CMA that support or have potential to support, federally listed species. This includes the nearshore dunes and open sand areas west of the coniferous forest. Four main vegetation types have been identified within the nearshore dunes of the Ma-le’l Dunes CMA: dune mat, dune swale, European beachgrass, and lupine- coyote brush scrub (Figure 3).

Dune Mat Approximately 75 acres of dune mat is found within the Ma-le’l Dunes CMA. Dune mat is characterized by native, perennial forbs, grasses, and low-growing shrubs growing on semi-stabilized nearshore dunes. Overall, plant species diversity is high in this vegetation type but cover is generally low, and open sand is a significant component of the community. In the Humboldt Bay dunes, dune mat is represented by the Sand verbena - beach bursage series described by Sawyer and Keeler-Wolf (1995) and Pickart & Sawyer (1998). Common species of this association include beach bursage (Ambrosia chamissonis), yellow sand-verbena (Abronia latifolia), beach pea (Lathyrus littoralis), dune goldenrod (Solidago spathulata ssp. spathulata), beach strawberry (Fragaria chiloensis), seaside daisy (Erigeron glaucus), beach morning glory (Calystegia soldanella), dune buckwheat (Eriogonum latifolium), dune sagebrush (Artemisia pycnocephala), seashore bluegrass (Poa douglasii), and beach evening primrose (Camissonia cheiranthifolia) (Pickart & Sawyer 1998). Dune mat provides habitat for two federally listed endangered plant species that occur within the CMA, Humboldt Bay wallflower and beach layia, as well as a number of other special-status plants recognized by the State of California. This habitat has been severely impacted by the spread of invasive exotic species, primarily European beachgrass (Ammophila arenaria), yellow bush lupine (Lupinus arboreus), and iceplant (Carpobrotus edulis x C. chilensis), and reportedly has been reduced to an estimated 17% (470 acres) of its original, potential extent in the Humboldt Bay dunes (The Nature Conservancy, unpublished data in Pickart & Sawyer 1998).

Dune Swale Dune swales occupy approximately 50 acres of the Ma-le’l Dunes CMA. Also known as dune hollows, dune swales are seasonal, freshwater wetlands that form in the nearshore dunes. During the spring and summer months, strong prevailing winds erode the sand down to the summer water table. When the water table rises in the winter, ephemeral ponds are formed and colonized by hydrophytic vegetation. There are two vegetation types associated with dune swales: herbaceous and woody. Herbaceous swales are typically dominated by Brewer’s rush (Juncus breweri) and/or slough sedge (Carex obnupta), the later being associated with areas that exhibit greater wetland hydrology. Over a period of just a few years, herbaceous swales can succeed to woody swales. Hooker willow (Salix hookeriana) is usually the first to colonize herbaceous hollows, sometimes followed by beach pine

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(Pinus contorta var. contorta), wax myrtle (Myrica californica), red alder (Alnus rubra), and occasionally Sitka spruce (Picea sitchensis). Woody swales often have an understory dominated by Brewer’s rush and/or slough sedge, and associated species in both vegetation types include Pacific silverweed (Potentilla anserina ssp. pacifica), springbank clover (Trifolium wormskioldii), and California blackberry (Rubus ursinus). The Natural Heritage Program of the California Department of Fish and Game does not distinguish dune swales from other freshwater marshes and swamps, however for management purposes they are mapped separately from other wetlands located within the CMA because of their distinctive flora and geomorphology. Vegetated dune swales such as those described from the Ma-le’l Dunes CMA are considered Waters of the U.S. and are regulated by the United States Army Corps of Engineers under section 404 of the Federal Clean Water Act. They also fall within the jurisdiction of the California Coastal Commission as Coastal Act wetlands. Dune swales can provide important habitat for a variety of wildlife species, including songbirds, raptors, small mammals (including bats), amphibians and reptiles.

European Beachgrass Approximately 25 acres of European beachgrass occur at the Ma-le’l Dune CMA. Native to coastal dunes in Europe, European beachgrass is a prolific, rhizomatous grass that was introduced to the North Spit of Humboldt Bay in the early 1900’s, where it was planted to stabilize moving sand (Pickart & Sawyer 1998). In northern California and Oregon, it is known to substantially alter the physical and biological conditions of the natural dune environment, consequently leading to a loss of native vegetation (Pickart & Sawyer 1998). In the Humboldt Bay dunes, European beachgrass has displaced much of the native dunegrass (Leymus mollis) and dune mat vegetation. Few species are found in association with the European beachgrass series, but relict native species can occur in and on the periphery of this vegetation type. Foredunes dominated by European beachgrass tend to form steep, continuous ridges oriented parallel to the beach. These stabilized foredunes experience few “blowouts,” reducing sand movement to the interior dunes. Restoration efforts of native dune vegetation often involve the eradication of European beachgrass and other invasive exotics such as yellow bush lupine and iceplant. Efforts to eradicate non-native species from the nearshore dunes and forest have been underway for several years on the BLM Manila Dunes and since 1992 on the USFWS Fernstrom-Root parcel, and have been successful. The agencies have begun to focus restoration efforts on their new respective acquisitions, the Khoaghali and Buggy Club parcels. The majority of the existing European beachgrass within the Ma-le’l Dunes CMA is found within the newly acquired, former “Buggy Club” parcel at Ma-le’l North, where restoration efforts are currently underway.

Lupine–Coyote Brush Scrub The lupine-coyote brush scrub vegetation type occupies approximately 10 acres within the CMA, and is primarily found in the nearshore dunes of the newly acquired “Buggy Club” parcels at Ma-le’l North and Ma-le’l South. It is characterized by the presence of two shrub species, yellow bush lupine (Lupinus arboreus) and coyote brush (Baccharis pilularis), which occur in varying degrees of dominance and cover. Wax myrtle and twinberry (Lonicera involucrata) may also be associated with this vegetation type, although these shrubs occur in lower cover values. The shrub canopy may be intermittent or continuous, but is typically less than 2 m (6.6 ft) in height (Pickart & Sawyer 1998).

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The ground layer is variable, but European beachgrass and exotic annual grasses such as ripgut brome (Bromus diandrus), European hairgrass (Aira caryophylla and A. praecox), and vulpia (Vulpia bromoides) are common in the understory. Yellow bush lupine is believed to be native between Sonoma and Ventura counties but has become naturalized locally. It is considered an invasive exotic species in Humboldt County where, like European beachgrass, it has a history of being planted to stabilize coastal dunes (Sawyer and Keeler- Wolf 1995). Yellow bush lupine acts as a catalyst for the invasion of other non-native species by increasing the levels of organic matter and releasing nitrogen to the surrounding substrate, thereby diminishing the competitive advantage native species’ have on the otherwise low-nutrient sand dunes (Pickart & Sawyer 1998). Although coyote brush is a native species, it is typically found on degraded dunes that have previously been stabilized by European beachgrass and/or yellow bush lupine.

Open Sand Areas Open sand is the mapping unit used to delineate the beach and the moving dunes within the CMA that are primarily unvegetated. Also referred to as the littoral strip, the upper beach represents the area of loosely compacted sand that occurs between the tidal wash zone and the foredune. Abiotic factors, rather than stabilizing vegetation, influence the landscape here. High winds, waves, cyclic tidal inundation and sand transport by littoral action severely restrict plant growth. Drift accumulates here and new dunes form if the beach is accreting (i.e. expanding). Pioneer plant species such as the exotic but non-invasive sea rocket (Cakile maritima and C. edentula) and native dunegrass (Leymus mollis) may establish in the summer and fall, but are frequently removed by winter storm activity. European beachgrass may also colonize open sand areas, leading to the creation of very high, stable foredunes. Moving dunes to the east also support little to no vegetation; however, sea rocket, yellow sand verbena, and the invasive European beachgrass are known to occur. These active, unstable, and windblown dunes do not provide optimal habitat conditions for endangered plants or associated dune mat species. However, the federally endangered beach layia is occasionally found growing here, although in relatively low density. Species Accounts and Status within the Action Area Humboldt Bay Wallflower Federal Status: Endangered (1992) The Humboldt Bay wallflower (Erysimum menziesii ssp. eurekense) was listed as endangered under the Federal ESA in March of 1992, and is included in the 1998 Recovery Plan for Seven Coastal Plants and the Myrtle’s Silverspot Butterfly (USFWS 1998). It is one of four subspecies of Menzies’ wallflower (Erysimum menziesii), three of which are federally recognized as endangered with a collective distribution over three coastal dune systems in Humboldt, Mendocino, and Monterey counties. Humboldt Bay wallflower is a local endemic, restricted to the nearshore dunes around Humboldt Bay. The majority of the population occurs on the Samoa Peninsula (North Spit), although isolated subpopulations have also been documented on the South Spit and Elk River Spit of Humboldt Bay (Pickart & Sawyer 1998). Humboldt Bay wallflower primarily grows on the flanks and crests of nearshore dunes in the dune mat community, usually in clustered patches ranging from a few to hundreds of individuals. The wallflower is also known to occur in suboptimal habitats such as open sandy areas and on the borders of lupine scrub and herbaceous swales. It is not usually found growing in dense vegetation where invasive species are dominant.

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Humboldt Bay wallflower is a member of the mustard family (Brassicaceae). Its life history is that of a semelparous (monocarpic) perennial, meaning that it flowers and produces fruit only once during its life, after which, it dies. The wallflower forms a basal rosette of leaves that may persist for up to eight years before flowering. Blooming typically occurs from March through April, although it may begin as early as late February. The fruits mature by mid-June. The seeds remain attached to the fruit walls after dehiscence, and disperse over a long period, primarily in conjunction with winter storm events that dislodge the mature inflorescences and scatter them by way of a tumbling action (Pickart and Sawyer 1998). Fecundity is high, with individual plants producing numerous seed; however, the wallflower does not have a persistent seed bank (Carothers 1996) and seedling survivorship is low, with 98.3% mortality shown to occur in the first year (Pickart and Sawyer 1998). Reproduction may also be hindered by infestation of Albugo canadensis, an endemic fungal pathogen that causes crucifer white rust disease in the local subspecies. Disease symptoms are more prevalent on reproductive individuals, where they can decrease fecundity by reducing seed number or viability (Pickart & Sawyer 1998). A primary threat to Humboldt Bay wallflower at the Ma-le’l Dunes CMA is displacement from invasive non-native species, particularly European beachgrass, yellow bush lupine, ice plant, and jubata grass (Cortaderia jubata). Management strategies for the recovery of the wallflower have focused primarily on control and eradication of these species. Other conceivable threats to the wallflower within the Ma-le’l Dunes CMA include actions that cause habitat degradation and destruction or mortality of individual plants, such as facility development, vehicle trespass, episodic and high intensity use by pedestrians or horses, and wildlife predation and disease (USDI-BLM 2004b). Population and Distribution The Recovery Plan written in 1998 described six extant occurrences of Humboldt Bay wallflower, with an estimated population size of 18,800 individuals occupying approximately 2,235.7 acres. The South Spit colony occurring on private land owned by Texaco was reported to have 178 plants in 1991 and only 75 plants in 1998 (USFWS 1998). More recent survey efforts place the population size higher than estimates reported in the Recovery Plan. In 1989, Andre and Sawyer sampled wallflowers larger than 3 cm (1.2 in) in diameter on the North Spit, and estimated the population at 20,657 plants ± 2,344 (95% confidence intervals) (Pickart & Sawyer 1998). Nine years later (1998), the Nature Conservancy re-sampled the North Spit population using the same methods and found that the population had increased to 29,657 (±5,263), but noted that the increase was not consistent among all North Spit colonies, some of which had declined (Pickart & Sawyer 1998). The North Spit has had a considerable amount of restoration work and invasive plant removal since 1988, which is thought to be correlated to the increase in wallflowers. Also in 1998, a previously undocumented colony of wallflower was discovered on the Elk River Spit, a census conducted in 2000 revealed a population total of 3,782 plants over 2 cm in diameter, of which 13% were reproductive; and a total of 6,066 plants < 2 cm in diameter (USFWS unpublished data). In 2002, the USFWS re-surveyed the South Spit colony and found a total of 133 individuals (excluding small rosettes less than 2 cm in diameter), of which 32 percent were reproductive. By 2006, the South Spit colony had increased to 457 plants (excluding small rosettes) of which 33 percent were reproductive (Clifford 2006). This increase is attributed to the caging of flowering individuals, which were being grazed by deer.

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Population and Distribution within Action Area In 2006, the USFWS completed a third population-wide survey for Humboldt Bay wallflower; however, population size data will not be available before completion of the Ma-le’l Dunes Coastal Access Plan Biological Assessment. The current (2006) distribution of the wallflower was provided and mapped for the CMA as shown in Figure 4. Preliminary observations indicate that the population has increased in range and probably in size (Andrea Pickart, pers. comm.). Between 2003 and 2005, the Center for Natural Lands Management (CNLM) served as a liaison for the acquisition and transfer of the Fernstrom-Root parcel and the two former Khoaghali and Buggy Club parcels from private ownership to the USFWS and the BLM. In 2004, CNLM surveyed and mapped the population of Humboldt Bay wallflower within what is now referred to as Ma-le’l North. CNLM estimated the population within two macroplots (representing close to the total population) at 1,040 wallflowers with a 95% confidence interval of ± 297 individuals (USFWS unpublished data in EDAW 2005). The BLM reports that in 1997 the 112-acre Manila Dunes ACEC had approximately 500 individuals of wallflower with a standard error of about 55 (USDI-BLM 2004b). Most of the wallflower was found in the north half of the property, and no wallflower has been seen within BLM’s newly acquired, 42-acre parcel Khoaghali parcel as of 2006. Based on the 1997 population-wide survey, the wallflower at the Ma-le’l Dunes CMA (using the most recently available sampling data from CNLM, BLM, and USFWS) represents approximately 5.1% of the entire population of Humboldt Bay wallflower, and 5.2% of the North Spit population.

Beach Layia Federal Status: Endangered (1992) Beach layia (Layia carnosa) was listed as endangered under the federal ESA in March of 1992, and is included in the 1998 Recovery Plan for Seven Coastal Plants and the Myrtle’s Silverspot Butterfly (USFWS 1998). This species is found in coastal dune systems from Vandenberg Air Force Base in Santa Barbara County north to Freshwater Lagoon in Humboldt County (CNDDB 2006). It occurs in greatest abundance in Humboldt County, and in particular, on the North Spit of Humboldt Bay (USFWS 1998). In the Humboldt Bay dunes, beach layia is found primarily on nearshore dunes in the dune mat community. It occurs in lower densities along margins of lupine scrub, herbaceous hollows, and open areas with moving sand. It is also known to tolerate disturbed and gravelly soils along roadsides, vehicle trails, and footpaths (Duebendorfer 1992). Beach layia readily colonizes newly created bare sand areas, and is resilient to disturbance; however, it does not tolerate competition with other plants and does not establish in areas where there is high cover of native or non-native plants. Beach layia is an annual herb that belongs to the sunflower family (Asteraceae). It germinates in mid- winter during the rainy season and typically blooms from March to May, completing its life cycle by late spring. Seeds are dispersed mostly by wind in late spring and summer. The number of seed-heads produced by individual plants varies in relation to plant size. Short, unbranched, erect plants growing on dry, exposed sites may produce only a single head, whereas taller, highly branched individuals found in moist dune swales may produce as many as 100 seed heads (USFWS 1998). Loss of habitat due to coastal development, encroachment of non-native plant species, and trampling by vehicles and pedestrians are all factors that contribute to the decline in numbers of this species. Beach layia is most susceptible to trampling effects during its growing season from mid-winter to late

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spring. However, a certain amount of disturbance during the off-season may favor beach layia by opening up areas for colonization (Botanica Northwest Associates 1992). Population and Distribution Beach layia is currently known from approximately 20 occurrences over eight dune systems (representing approximately 1,390 acres) between Humboldt County and Santa Barbara County. The largest population reportedly occurs on the North Spit of Humboldt Bay. Five historical occurrences in San Francisco, Monterey, and Humboldt counties are believed to have been extirpated (USFWS 1998). The population distribution of beach layia does not lend itself well to the CNDDB definition of “occurrences.” There is a disjunct occurrence at Freshwater Lagoon (Redwood National Park; less than one acre). Beach layia then occurs in a patchy fashion along a semi-continuous corridor from Mad River Park south to the Samoa Dunes Recreation Area, on a combination of private, NGO, local, state, and federal government properties. Populations continue along the South Spit (BLM managed), Eel River Wildlife Area (Department of Fish and Game), and the vicinity of McNutt Gulch and the mouth of the Mattole River (private and BLM). The following distributional information for Marin, San Francisco, Monterey, and Santa Barbara counties is taken from the Recovery Plan, dating from the 1990s (no updated information is available (USFWS 1998): The Marin County occurrences are located in the dunes between Kehoe Beach Dunes and Point Reyes lighthouse at Point Reyes National Seashore. Surveys by California Native Plant Society (CNPS) volunteers have recorded thirteen colonies along the dune complex at Point Reyes. An occurrence in Golden Gate Park on the San Francisco Peninsula has been extirpated since 1904. The Monterey Peninsula dune system had four occurrences, although the Point Pinos site is thought to have been extirpated. After it had been reported as extirpated, an occurrence at Asilomar State Beach was rediscovered following the removal of iceplant. Additional occurrences have been discovered on neighboring private property. Two beach layia occurrences exist on north Spyglass Hill and on the nearby Spyglass Hill dunes. In April 1995, David Keil rediscovered a small occurrence (80 plants) of beach layia on Vandenberg Air Force Base, Santa Barbara County. During a subsequent visit to the site an additional 200 individuals were discovered closer to the ocean bluffs. The total range wide population size of beach layia is estimated in the Recovery Plan at 300,000 individuals. This estimate was acquired mostly from informal estimates of populations made across the range prior to 1998, and it did not include an estimated 19,400 plants documented in 1993 from the Eel River Wildlife Area, or the population at the Lanphere Dunes Unit that had been estimated at +/- one million. The historical data is considered of limited value due to large annual fluctuations in both population size and local distribution, and the frequent underestimation of population size in small annual species such as beach layia. A 1992 pilot study of field sampling methods conducted by Botanica Northwest found an estimated 2.5 million individuals ± 750,000 on the North Spit (Botanica Northwest Associates 1992). The 2005 sample of beach layia at the Lanphere Dunes Unit estimated at total of 1.5 million plants +/- 320,000 (USFWS unpublished data). A statistical protocol was also implemented by the BLM and USFWS in May 2003 to estimate the beach layia population on the South Spit of Humboldt Bay. That data has not yet been fully analyzed, but preliminary analysis suggests the total South Spit population may exceed 5 million plants (unpublished data on file, BLM Arcata), further suggesting that the summary of occurrence data in the Recovery Plan may grossly underestimate the true range wide population of beach layia. Redwood National Park personnel estimated the beach layia population at Freshwater Spit in 2003 at just over 11,000 plants (Redwood National Park 2003 in USFWS) Based on these estimates, the total number of beach layia occurring around Humboldt Bay and Redwood National

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Park likely exceeds 5 to 6 million. Population estimates for sites located south of Humboldt County are not available. Population and Distribution within Action Area Beach layia was surveyed and mapped by CNLM in May 2004 at Ma-le’l North, where it was found to occupy approximately 6.4-acres (Figure 4). Density was estimated at 3.8 individuals/m2 ± 1.3 (95% confidence interval) by sampling a single, 0.6-acre macroplot (USFWS unpublished data in EDAW 2004). The BLM reports that beach layia is abundant throughout the foredunes of Ma-le’l South, and is increasing where invasive weed eradication efforts have occurred. Completion of invasive weed eradication over the nearshore dunes of the newly acquired, 42-acre former Khoaghali parcel is expected to boost beach layia density and distribution on about 10 acres (USDI-BLM 2004b). Ongoing restoration at Ma-le’l North is also expected to result in increased population of beach layia at that site.

Western Snowy Plover Federal Status: Threatened (1993) In 1993, the USFWS listed the coastal population of the western snowy plover (Charadrius alexandrinus nivosus) as a threatened population under the federal ESA (USFWS 1993) and designated critical plover habitat in September 2005 (USFWS 2005). The plover was listed based on evidence of a significant population decline, as well as a reduction in the number of breeding locations. Just prior to the time of listing, estimates (Page et al. 1991) placed the California population at 1,386 plovers, down 11 percent from the 1,565 plovers estimated a decade earlier (Page and Stenzel 1981). In 2000, a statewide breeding survey indicated a further decline of ~30% to 976 plovers in California (Page, unpublished data). Two petitions to remove the coastal population of the western snowy plover from the Federal List of Threatened and Endangered Species, the first filed in September 2002 by the Surf Ocean Beach Commission of Lompoc, California and the second filed in May 2003 by the City of Morro Bay were submitted to the USFWS. These petitions contend that the coastal population does not qualify as a distinct population unit and therefore, is not threatened. The USFWS initiated status reviews on 22 March 2004 upon finding that the petitions presented substantial information to warrant consideration of delisting (69 FR 13326). The 12-month finding on the delisting petitions was completed April 12, 2006, reconfirming the Pacific coast western snowy plover’s status as threatened (71 FR 20607). The causes of the western snowy plover’s population decline were determined to be a combination of the following: 1) increased human recreational use of beach habitats (including off-highway vehicle (OHV) traffic); 2) alteration of nesting habitat from encroachment by European beach grass (Ammophila arenaria); and 3) predation of eggs and young by corvids (Corvus brachyrhynchos, C. corax), gulls (Larus spp.), red fox (Vulpes vulpes), raccoon (Procyon lotor), and striped skunk (Mephitis mephitis). These three factors either reduce reproductive and survival rates or cause plovers to avoid otherwise suitable habitat. Currently, plovers breed in coastal habitats (salt pans and levees, dredge spoil islands, river gravel bars, and unvegetated ocean beaches) at 28 locations from the central Washington coast to Baja, Mexico (USFWS 1993). As part of the recovery plan, the USFWS designated Mendocino, Humboldt, and Del Norte counties as a discrete management unit (Recovery Unit 2), one of six management units within the range of the listed population. Within Unit 2, snowy plovers breed and over-winter along ocean beaches and along the lower Eel River gravel bars. The majority of plovers breeding in Recovery Unit 2 occur in Humboldt County.

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Historical records and recent surveys (Page and Stenzel 1981, Fisher 1992-94, LeValley 1999, Page unpublished data) indicate the importance of Humboldt County to breeding plovers. In 1977, Page and Stenzel (1981) found 64 birds (18 nests) at seven locations in the county and estimated that this represented 6% of coastal plovers breeding in California, and that Humboldt County had more plovers than any other location north of Monterey. During the breeding seasons of 1992-1994, Fisher conducted surveys of beach habitats and estimated 22-32 plovers initiated 17-26 nests. More recently, LeValley (1999) estimated that 49 birds (23 nests) bred at four locations in 1999; Interestingly, LeValley noted that plovers were absent from at least five beach sites where they were reported nesting by Page and Stenzel (1981) or Fisher (1992-1994). In 2000, this same area supported about 40 adults and 42 nests (McAllister et al. 2001). Over the past 6 years (2001-2006), increased research efforts provided estimates of 57-74 breeding plovers annually in Recovery Unit 2, nearly all of which were in Humboldt County (Colwell et al. 2006). Historically, snowy plovers nested along much of the once open beaches of Humboldt County, including the north spit of Humboldt Bay, possibly within the area that now comprises the Ma-le’l Dunes CMA. Harris (1996) noted that two sets of eggs were collected from the ocean beach near Samoa on April 27,1902 (M. and J. Davis in Harris 1996). However, following the introduction of European beachgrass to the west coast in the late 1800’s and its subsequent encroachment onto Humboldt County beaches, local snowy plover use patterns have changed. The European beachgrass invasion has lead to the stabilization of many of Humboldt’s dune systems and the loss of open sand available for habitat. This has drastically changed the suitability of much of the County’s coastline for the snowy plover, as the species requires open sand for breeding. Within the CMA, the ocean regularly reaches the base of the foredune at high tide, even during the breeding season, both in areas that were altered by European beachgrass and in those that have never been invaded. Inter-agency breeding season (March-September) surveys conducted approximately once per month since 1997 on the north spit of Humboldt Bay, including the beaches (but not the back dunes) within the CMA, have not detected snowy plovers. Annual winter surveys of the same areas have also failed to record plovers. However, Ron LeValley reported the observation of a non-breeding individual in the vicinity in 1996, south of the Mad River Slough and Dunes CMA on the adjacent BLM property (LeValley, pers. comm.). More recently, five snowy plovers were observed on 17 December 2005 during the Arcata Christmas Bird Count. These birds were recorded on the north spit just west of the Fairhaven Electric building, approximately 6 miles south of the Ma-le’l Dunes CMA (Kerry Ross, pers. comm.). Currently the closest known breeding locations for plovers in relation to the CMA are at Mad River Beach, approximately 4.5 miles north of the action area and at the south spit of Humboldt Bay, approximately 8 miles south of the action area (Colwell et al. 2006). Although the beach at the Ma-le’l Dunes CMA appears too narrow to support breeding western snowy plover, the back dunes do represent suitable breeding habitat. Plovers are known to nest in back dune areas from a number of coastal locations in Oregon and southern California, including beaches backed by steep dunes such as at Oceano Dunes State Vehicular Restoration Area. Locally, plovers are known to nest in back dunes at Clam Beach.

California Brown Pelican Federal Status: Endangered (1970) The brown pelican is a large waterbird of temperate and subtropical North American marine and estuarine waters. Truly inland occurrences in California (away from the vicinity of the Salton Sea) are unusual, particularly so in the northern portion of the state.

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The species breeds along the Atlantic Coast from Chesapeake Bay (recently) south through the Gulf of Mexico and into coastal South America and on the Pacific Coast from southern California southward along the west Mexican coast into South America (Galapagos Islands). Along temperate North American coasts, birds annually move northward following the breeding season. Along the West coast, large numbers occur from mid-summer through fall northward to southwestern Washington and sparingly to Puget Sound and southwestern British Columbia. Brown pelicans reach the northern limit of their breeding range on the Pacific Coast along the southern half of the California coast. Historically, breeding populations of these birds in southern California have fluctuated in response to environmental conditions. Current thought suggests that these populations increase during periods of ocean warming (Baldridge 1973, Anderson and Anderson 1976). The brown pelican breeds regularly in California only on West Anacapa Island and has nested only rarely elsewhere in the Channel Islands, specifically on Prince Island, Santa Cruz Island, and Santa Barbara Island. Adding evidence to the case for continued resurgence of the species were hundreds of brown pelicans that initiated nesting at Pt. Lobos State Reserve, Monterey County during April and May 2000 (Terrill et al. 2000). The previous successful nesting there was in 1959 and the most recent attempt was in 1966. The possibilities exist that the species may re-establish small breeding colonies along the central California coast or colonize previously unutilized sites. Nesting habitat consists of coastal islands just outside the surf line. A colonial nester, the brown pelican typically nests on small-to moderately sized islands to avoid predation by ground-dwelling species. In the late 1960s and early 1970s, the reproductive success of brown pelicans declined considerably in California and northern Mexico. From 1969 to 1971, only 12 chicks fledged out of 2,368 nesting attempts (Gress et al. 1973, Anderson and Anderson 1976). The breeding failures of pelicans during this period were related to the high levels of DDE, the principal metabolite of DDT, in the marine environment (Schreiber and Delong 1969, Schreiber and Riseborough 1972, Jehl 1973, and Anderson 1976). Reproductive success of brown pelicans can vary markedly from year to year. Changes in oceanographic conditions and in the distribution and abundance of forage fish are two interrelated factors that may account for this fluctuation.

Critical Habitat has not been designated for brown pelican. Brown pelican uses the near-shore Pacific Ocean and the offshore rocks and islands of the California coast for roosting and loafing sites and nests offshore. Nesting habitat consists of coastal islands just outside the surf line. A colonial nester, the brown pelican, typically nests on small-to moderately sized islands to avoid predation by ground-dwelling species. Brown pelican uses Humboldt Bay extensively during the non-breeding season for foraging, loafing, and roosting habitat. However, no nest sites for the species are known north of Monterey Bay. Effects of the Proposed Action Endangered Plants The Ma-le’l Dunes CMA contains important habitat for both Humboldt Bay Wallflower and beach layia. Activities associated with the proposed action that have the potential to adversely affect these species include any activity that may cause ground disturbance within endangered plant areas. This includes the expansion of the existing trail system within the nearshore dunes and the anticipated increase in foot traffic in these areas upon implementation of the access plan, construction of the foot

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bridge over the seasonal wetland, and the installation of signs within or adjacent to endangered plant areas. Approximately 354 linear feet of new trail will pass through or immediately adjacent to (within 50 feet) endangered plant areas. Most of this “new trail” represents existing casual trails that pass through areas that support beach layia. Beach layia is locally abundant within the dune mat vegetation type on the North Spit, but it is also known to occur in lower densities within open sand areas such as the proposed trail alignment within the nearshore dunes of the CMA. Foot traffic in these areas has the potential to damage or destroy seed and/or reproductive individuals that occur in these locations or that may colonize in the future. Given the relatively high density of beach layia within the Humboldt Bay dunes, and on the North Spit in particular, adverse impacts to individuals that may inhabit the trail are not considered significant for the population as a whole. The proposed trail alignment avoids all known occurrences of Humboldt Bay wallflower, however, it passes immediately adjacent to one significant occurrence of wallflower near the Ki-mak Trail at Ma- le’l North, and two smaller areas near the Latkak Trail at Ma-le’l South. The distribution map (Figure 4) shows the trail alignment abutting these locations; however, for clarification it should be noted that the trail directs foot traffic around these occurrences, and at Ma-le’l North, is positioned within a swale at the base of the dune that supports wallflower on its upland flanks. Direct impacts to wallflower could result from pedestrians leaving the trail corridor and walking within areas where this species occurs, potentially crushing vegetative rosettes, seed, or reproductive individuals. Ground disturbance associated with off-trail foot traffic may also indirectly affect wallflower by causing degradation of suitable habitat areas (i.e. dune mat). The wallflower and beach layia may also establish near or within new or existing trails where an increase in ground disturbance associated with foot traffic may create open areas suitable for the establishment of these species, thus increasing the chance of mortality for those individuals. In addition, potential unauthorized pedestrian/equestrian access from the CMA to adjacent properties, including the Lanphere Unit of HBNWR, may have indirect impacts on rare plants that occur offsite. The proposed alignment of the trail is considered the least damaging alternative to the Humboldt Bay wallflower, beach layia and associated dune mat habitat while providing consideration for the protection of sensitive cultural resources that also occur within the CMA. The areas where Humboldt Bay wallflower was observed growing near the proposed trail, and elsewhere throughout the CMA, are considered excellent habitat for the species. At Ma-le’l South, there are no known habitat limitations for the expansion of the wallflower on nearshore dunes, although it currently is not found there (pers. comm. Jennifer Wheeler June 16, 2006). Habitat limitations for the wallflower at Ma-lel’ North include areas infested by invasive exotic species; however, these limitations would presumably be lifted once restoration activities are complete. The potential for individuals and seed of these species to be adversely impacted from the proposed action or the project alternatives, including the no action alternative, will continue to exist, and may increase as the populations increase in number and distribution within the CMA as a result of on-going restoration and resource management activities. Although the proposed action is expected to result in an increase in public use of the beach and nearshore dunes, the action also provides for the consolidation of foot traffic by establishing a designated trail system through these sensitive habitat areas. The use of regulatory, boundary and directional trail signs, the decommissioning of various casual trails currently in use, and the monitoring of compliance of public use activities through caretaker presence, law enforcement patrols, and BLM/USFWS staff field visits, is expected to limit public access to endangered plant areas located within the CMA and the adjacent Lanphere Dunes Unit of HBNWR, thereby minimizing impacts to existing populations of Humboldt Bay wallflower and beach layia within the CMA and on

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adjacent properties. In addition, through the monitoring of CMA resources and public use activities, BLM and USFWS resource managers will be able to identify where adaptive management strategies may be implemented to protect sensitive resources. This may include installing additional signage or decommissioning trails in areas where damage to natural resources is occurring because of authorized uses or unauthorized access to adjacent properties. Additional protections such as fencing was considered but was felt to be too difficult to maintain in the dune environment and was not compatible with the objectives of the public access plan, which was to minimize fencing throughout the area in order to retain the natural look of the area. Potential impacts to rare plants from proposed construction activities will be avoided or minimized by incorporating the following measures: 1) oversight of all construction activities occurring within or adjacent to endangered plant areas by a CMA resource manager, 2) timing construction activities such as initial sign installation or bridge construction outside of the beach layia growing season to avoid impacting reproductive individuals, and 3) flagging all occurrences of Humboldt Bay wallflower rosettes located near construction areas prior to commencement of work, and the documentation of all adversely affected individuals by a CMA resource manager. Furthermore, the USFWS shall implement a conservation measure for Humboldt Bay wallflower that involves seed collection and subsequent dispersal within newly restored areas of the Fernstrom-Root parcel. This measure is designed to facilitate the expansion of the wallflower within the CMA and mitigate for potential adverse impacts from off-trail foot traffic. In summary, implementation of the proposed project is likely to adversely affect individuals and/or seed of beach layia and Humboldt Bay wallflower; however, with the incorporation of minimization and conservation measures, the proposed project is not likely to adversely affect the range-wide populations of beach layia or Humboldt Bay wallflower or existing colonies within the Action Area.

Western Snowy Plover Although the status of western snowy plover within the CMA is unknown due to inadequate survey effort, suitable breeding habitat for plovers does occur in the back dunes. In addition, it is possible that current restoration and European beachgrass eradication activities will increase open sand in the nearshore dunes near the project area and may improve the habitat for western snowy plover. Therefore, the proposed project may affect but is not likely to adversely affect western snowy plover. Should monitoring efforts reveal the presence of plovers in the CMA during the breeding season, BLM and HBNWR will immediately coordinate with USFWS to determine appropriate protection measures, which would utilize the most current methodologies for plover protection. BLM and HBNWR will also reinitiate consultation if ongoing activities may affect the species.

California Brown Pelican Suitable breeding habitat for California brown pelican does not occur within the Ma-le’l Dunes CMA and the species is not known to nest anywhere north of Monterey Bay. Therefore, activities associated with the proposed Ma-le’l Dunes Public Access Plan will have no effect on California brown pelican. Cumulative Effects An undetermined number of future state, Tribal, local or private actions not subject to federal authorization or funding could alter the habitat for and/or increase incidental take of Humboldt Bay wallflower, beach layia, and western snowy plover.

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Current and future projects reasonably certain to occur within the action area include restoration activities that are subject to federal authorization or funding and would therefore be covered under an HCP or subject to Section 7 consultation. Both the BLM and the USFWS plan to continue restoration work and weed eradication efforts within the CMA with the assistance of contracted labor, such as the California Conservation Corps and Friends of the Dunes restoration programs. In addition, USFWS will implement restoration activities throughout the nearshore dunes and forest at Ma-le’l North over the next five years with funding from the California Department of Corrections. These projects would not be considered in the cumulative effects analysis; however, activities associated with these projects are not expected to adversely impact listed species. In contrast, they are likely to have a beneficial effect to listed species by restoring essential habitat. Analysis of Alternative Actions Alternative B: Multi-Use Throughout and Additional Improvements Alternative B is similar to the proposed action (Alternative A) in allowing public use throughout the Ma-le’l Dunes CMA, but it would also provide the following additional improvements:

Public Uses:  Continued and increased off-leash dog walking would be allowed at Ma-le’l North (in addition to Ma-le’l South).  Equestrian use would also be allowed on the northern portion of the proposed Latkak trail.  Bicycling riding would be allowed throughout the Ma-le’l Dunes CMA.  Off-trail pedestrian use would be allowed at Ma-le’l South.  Off-trail vegetative gathering would be allowed at Ma-le’l South.

Access Infrastructure:  A pedestrian trail connecting the Ma-le’l South and Ma-le’l North properties through the nearshore dunes would be delineated and marked.  The access road and parking areas (Ma-le’l South and Ma-le’l North) would be paved with asphalt.

Analysis of Alternative B The additional public uses associated with this alternative are likely to result in greater impacts to sensitive biological resources within the nearshore dunes compared to the preferred action. In allowing off-leash dog walking at Ma-le’l North, ground disturbance from foot traffic within sensitive habitat areas is likely to be greater since unleashed dogs are not as easily controlled or directed as leashed dogs, and pedestrians may find it necessary to venture outside of the trail corridor to retrieve wandering companions. Opening the northern portion of the Latkak Trail on Ma-le’l south for equestrian use may similarly result in an increase in ground disturbance within the nearshore dunes by establishing a wider trail corridor to accommodate the horses. Extending the equestrian trail also reduces the buffer between existing equestrian use areas and sensitive habitat areas further north where this activity does not occur.

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Connecting Ma-le’l South and Ma-le’l North with a pedestrian trail through the nearshore dunes would likely result in greater impacts to endangered plant populations and native dune mat habitat as opposed to the preferred action, which directs pedestrians to walk northward along the wave slope from the end of the Latkak Trail at Ma-le’l South to access the Ki’mak Trail at Ma-le’l North (or visa versa). By directing pedestrians to use the wave slope as opposed to the nearshore dunes, ground disturbance associated with foot traffic is diverted away from habitats that support endangered plant populations. Similarly, allowing off-trail pedestrian use and off-trail vegetation gathering at Ma-le’l South is likely to increase ground disturbance in the sensitive nearshore dune habitats where the rare plants occur.

Alternative C: Protection and Restoration Alternative C would have the common features of the Plan Alternatives but would limit public use throughout the entire Ma-le’l Dunes CMA to pedestrian use only with permit and via docent-let tours and restoration workdays. Specifically, the proposed actions of Alternative C would include the following:

Public Use  The day use/picnic area located at Ma-le’l South and trails currently designated as beach hiking trails at Ma-le’l South would continue to be open to the public for pedestrian use. Forest hiking trails and beach trails currently used for equestrians and dog walking at Ma- le’l South would be closed to these uses and would be only available for pedestrian use by permit and via docent-led tours and field trips. Ma-le’l North would only be open for docent-led pedestrian use, tours, and field trips.  The gates to Ma-le’l North would be locked at all times, and accessible only by key for authorized activities (e.g., guided walks, restoration activities, and gathering by the Wiyot).

Access Infrastructure  A maintenance plan for the access road would be prepared and implemented but the road would not be improved.  A coordinated signing program limited to the provision of an entry, boundary/no trespassing, and regulatory signage would be designed and implemented.

Analysis of Alternative C No adverse impacts to federally listed species were identified under Alternative C. Limited public access allowed by special permit and via docent-led tours and field trips is expected to provide for the protection of biological resources by ensuring that visitors to the CMA avoid endangered plant populations and sensitive habitat areas. Limiting public access, along with continued management of the CMA through habitat restoration, is expected to benefit populations of Humboldt Bay wallflower and beach layia more than the preferred action.

Alternative D: No Action In the No Action alternative the current situation as described under Site History and Current Uses in the Access Plan would continue. Specifically, interim improvements and management at Ma-le’l South would continue and pedestrian trails and beach access through the nearshore dunes would not

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be extended. Access to Ma-le’l North would continue to be limited to monthly walks by special permit and restoration workdays. In addition, pedestrian trails and beach access throughout the nearshore dunes of Ma-le’l North (where biological species of concern and cultural resources are present) would not be delineated or marked. Parking at the Pacific, Gas & Electric power tower trail would continue to pose potential pedestrian–vehicular conflicts. The access road to Ma-le’l North and associated parking lot would not be improved and signage would not be installed. Trails throughout the forest and to beach access points would remain unmarked and unsigned.

Analysis of Alternative D The No Action Alternative was considered and analyzed but determined to be inconsistent with cooperative management goals identified by the BLM and USFWS for the Ma-le’l Dunes CMA, which are to protect the natural and cultural resources of the area and provide safe public access throughout the CMA. Under Alternative D sensitive habitat areas and endangered plant populations located within Ma-le'l North would not be afforded the same protection because the signing program, fencing, decommissioning of casual, monitoring of compliance through caretaker presence proposed under Alternative A would not be implemented. Illegal entry to Ma-le'l North would continue to pose a potentially significant threat to biological resources because illegal visitors would continue to use a vast network of casual trails throughout the CMA and encourage further "trail blazing" throughout the site by visitors. This is an unmitigated potentially significant impact. Existing public uses at Ma-le’l South would continue, however, biological resources would be less protected because of the lack of caretaker presence.

Conclusions and Determinations Humboldt Bay Wallflower The project activities associated with the Ma-le’l Dunes Public Access Plan are likely to adversely affect individuals of Humboldt Bay wallflower; however, project activities are not likely to adversely affect the CMA or range-wide population of Humboldt Bay wallflower with incorporation of minimization and conservation measures. The State Coastal Conservancy will request concurrence from the U.S. Fish and Wildlife Service. Beach Layia The project activities associated with the Ma-le’l Dunes Public Access Plan are likely to adversely affect individuals of beach layia; however, project activities are not likely to adversely affect the CMA or range-wide population of beach layia with the incorporation of minimization measures. Western Snowy Plover The project activities associated with the Ma-le’l Dunes Public Access Plan are not likely to adversely affect western snowy plover. California Brown Pelican The project activities associated with the Ma-le’l Dunes Public Access Plan will have no effect on California brown pelican.

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Bibliography Anderson, D. W., and I. T. Anderson. 1976. Distribution and status of brown pelicans in the California current. American Birds 30:3-12. Baldridge, A. 1973. The status of the brown pelican in the Monterey region of California: past and present. Western Birds 7:111-112. Botanica Northwest Associates. 1992. Monitoring beach layia in the Humboldt County Beach and Dunes Planning Area: a pilot study of field sampling methods. Unpublished document. Submitted to Humboldt County Planning Department, Eureka, California. California Natural Diversity Database (CNDDB). 2006. Rarefind, version 3.0.5, updated January 4, 2006. Sacramento, California, USA. Carothers, S. 1996. Sampling to detect a persistent seed bank for the endangered Humboldt Bay wallflower (Erysimum menziesii ssp. eurekense). Unpublished report for The Nature Conservancy, Arcata, California. 9pp. Clifford, P. 2004. Monitoring results for Erysimum menziesii ssp. eurekense at the South Spit Population. Unpublished document, USFWS Humboldt Bay national Wildlife Refuge. Arcata, California. Clifford, P. 2006. Monitoring results for Erysimum menziesii ssp. eurekense at South Spit population. Unpublished document, USFWS Humboldt Bay National Wildlife Refuge, Arcata, California. Colwell, M. A., C. B. Millett, J. J. Meyer, S. J. Hurley, A. Hoffmann, Z. Nelson, C. Wilson, S. E. McAllister, K. G. Ross & R. R. LeValley. 2004. Final report: 2004 snowy plover breeding in coastal northern California. Submitted to MRB Research, Inc., Arcata, California. Colwell, M. A., S. M. Mullin, Z. J. Nelson, C. A. Wilson, J. M. Muir, W. P. Goldenberg, S. E. McAllister and K. G. Ross. 2006. Final report: 2006 snowy plover breeding in coastal northern California. Submitted to MRB Research, Inc, Arcata, California. Duebendorfer, T. 1992. Vegetation classification, rare plant analysis, impacts, restoration, and habitat management strategies. Unpublished document. Humboldt County Planning Department, Eureka, California. EDAW. 2005. Biological assessment for the Humboldt Bay National Wildlife Refuge, Ma-le’l Dunes restoration. California Department of Corrections, Sacramento, California. Fisher, M. R. 1992. Western snowy plover (Charadrius alexandrinus nivosus) seasonal distribution and productivity near Humboldt Bay, California. Unpublished report submitted to California Department of. Fish and Game, Eureka, CA. Fisher, M. R. 1993. Western snowy plover productivity at Humboldt and Del Norte county beaches, spring and summer 1993. Unpublished report submitted to California Department of Fish and Game, Eureka, CA. Fisher, M. R. 1994. Western snowy plover productivity on selected Humboldt County beaches, summer 1994. Unpublished report submitted to California Department of Fish and Game, Eureka, California. Harris, S. W. 1996. Northwestern California birds. Humboldt State University Press. Arcata, California.

Ma-le’l Dunes Coastal Access Plan BA, Mad River Biologists – November 2006 Page 24 Exhibit 3: CEQA Documentation

HWR Engineering & Science. 2006. Draft Ma-le’l Dunes Cooperative Management Area public access plan. State Coastal Conservancy, Oakland, California Jehl, J. R., Jr. 1973. Studies of a declining population of brown pelicans in northwestern Baja California. Condor 75:69-79. LeValley, R. 1999. Snowy Plover nesting season 1999. Report prepared for Humboldt County Planning Department. Mad River Biologists, McKinleyville, California. 22pp. McAllister, S., A. Transou, and R. LeValley. 2001. Snowy plover abundance, distribution and nest success in coastal northern California 2000. Final report submitted to U.S. Fish and Wildlife Service. Mad River Biologists, McKinleyville, CA. Page, G. W., and L. E. Stenzel. 1981. The breeding status of the Snowy Plover in California. Western Birds 12:1-39. Page, G. W., L. E. Stenzel, W. D. Shuford, and C. R. Bruce. 1991. Distribution and abundance of the Snowy Plover on its western North American breeding grounds. Journal of Field Ornithology 62:245- 255. Pickart, A. J. and John O. S. 1998. Ecology and restoration of Northern California coastal dunes. California Native Plant Society. Sacramento, California. Schreiber, R. W., and R. L. DeLong. 1969. Brown pelican status in California. Audubon Field Notes 23:57-59. Sowls, A. L., A. R. DeGange, J. W. Nelson, and G. S. Lester. 1980. Catalog of California seabird colonies. U.S. Deptatment of Interior, U.S. Fish Wildlife Service. USFWS/OBS-80/37. Terrill, S. B., D. S. Singer, S. A. Glover, and D. Roberson. 2000. Middle pacific coast regional report. American Birds 54: 323. U.S. Department of Interior – Bureau of Land Management. 2004a. Ma-le’l Dunes access improvements environmental assessment (AR-04-14). Samoa Peninsula/Manila Dunes ACEC. CA- 330, Arcata Field Office, California. 2004b. Biological assessment for Ma-le’l Dunes access improvements for interim management. Arcata Field Office, California. U.S. Fish & Wildlife Service. 1993. Threatened status for the pacific coast population of the western snowy plover. Federal Register 58:12864-12874 — 1998. Recovery plan for seven coastal plants and the Myrtle’s silverspot butterfly. Portland, Oregon. — 2004. Final compatibility determinations and pre-acquisition compatibility determinations for Lanphere Dunes Unit modifications and the proposed Ma-le’l Dunes addition, Humboldt Bay Wildlife Refuge. Humboldt County, California. — 2005. Endangered and threatened wildlife and plants; designation of critical habitat for the pacific coast population of the western snowy plover, Final Rule. Federal Register 0(188):56970.

Ma-le’l Dunes Coastal Access Plan BA, Mad River Biologists – November 2006 Page 25 Exhibit 3: CEQA Documentation

APPENDIX C: MITIGATION AND MONITORING PROGRAM

INTRODUCTION

This Mitigation Monitoring Program was developed for the Mitigated Negative Declaration which was prepared for the Ma-le’l Dunes Cooperative Management Area Public Access Project pursuant to the California Environmental Quality Act (CEQA).

Section 15097 of the Guidelines for CEQA requires a program for mitigation monitoring or reporting when a public agency adopts a mitigated negative declaration in conjunction with approving a project. The purpose of the Mitigation Monitoring Program is to ensure that the mitigation measured outlined in the Initial Study for avoiding potential significant impacts are implemented.

The landowners and managers, the Bureau of Land Management and the Fish and Wildlife Service will monitor project implementation to ensure that mitigation measures are being incorporated.

Mitigation Measure 1: Planned improvements would occur during the dry season in seasonal wetlands and would incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Timing for Implementation/ Compliance: During construction phase Person/ Agency Responsible for Monitoring: Contractor, USFWS, BLM Monitoring Frequency: Continuous during period of construction Evidence of Compliance: Lack of turbidity in adjacent waters upon visual inspection

Mitigation Measure 2: During the breeding season for birds likely to breed in the Ma-le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers.

Timing for Implementation/ Compliance: During breeding period February 15 to August 15. Person/ Agency Responsible for Monitoring: Contractor, USFWS, BLM Monitoring Frequency: Prior to scheduling of construction activities or routine maintenance. Evidence of Compliance: Log of activities and maintenance conducted, date, and type equipment used.

- 1 - 3/17/2008 Exhibit 3: CEQA Documentation

Mitigation Measure 3: The USFWS will implement Humboldt Bay wallflower seed collection from existing populations on the adjacent Lanphere Dunes Unit, and subsequent dispersal within newly restored areas of the Fernstrom-Root and Ma-le’l parcels. This measure is designed to facilitate the expansion of the wallflower within the CMA and mitigate for potential adverse impacts from off-trail foot traffic. The refuge will obtain a recovery permit.

Timing for Implementation/ Compliance: During the first season of operation of the CMA. Person/ Agency Responsible for Monitoring: USFWS Monitoring Frequency: To be determined by USFWS Evidence of Compliance: To be determined by USFWS

Mitigation Measure 4: All construction activities occurring within or adjacent to endangered plant areas would be supervised by Ma-le’l Dunes CMA resource managers and would take place outside of the growing season to avoid impacts to reproductive individuals. In addition, before the commencement of work and when species are clearly visible all occurrences of Humboldt Bay wallflower rosettes (reproductive season is approximately March 1 through the end of the summer), beach layia (reproductive season is March to May), Humboldt Bay owl’s-clover (reproductive season is May through July), Point Reyes bird’s-beak (reproductive season is approximately June 1 through end of summer), and other rare plant species located near construction areas would be flagged and the CMA resource managers would document any adversely affected individuals.

Timing for Implementation/ Compliance: Prior to commencement of construction activities Person/ Agency Responsible for Monitoring: USFWS, BLM Monitoring Frequency: Prior to initiation of any construction activity Evidence of Compliance: Visual or written verification that no endangered species were disturbed.

Mitigation Measures 5: One hundred seventy-five square feet (175 sf) of high salt marsh habitat (6.4 to 8.9 feet above mean-low-low-water) that is dominated by dense-flowered cordgrass (Spartina densiflora) would be restored with pickleweed (Salicornia virginica) and saltmarsh (Distichlis spicata) and maintained as such as mitigation for the installation of the canoe/kayak landing/launching ramp.

Timing for Implementation/ Compliance: Mitigation for loss of wetland habitat would begin immediately following the construction of the ramp. Person/ Agency Responsible for Monitoring: USFWS Monitoring Frequency: Prior to, upon completion of construction activities Evidence of Compliance: One hundred and seventy five sf of high salt marsh dominated by pickleweed and saltgrass.

- 2 - 3/17/2008 Exhibit 3: CEQA Documentation

Mitigation Measures 6: The development of a maintenance program for the forest trails in Ma-le’l North to ensure that routine vegetation clearing does not adversely affect locally rare plants identified by the CMA resource managers.

Timing for Implementation/ Compliance: Prior to the commencement of any vegetation clearing along the trails or routine maintenance. Person/ Agency Responsible for Monitoring: USFWS Monitoring Frequency: Annually, when routine maintenance along forest trails occurs. Evidence of Compliance: Visual inspection that no rare plants were disturbed.

Mitigation Measure 7: In the event any undiscovered paleontological, archaeological, ethnic, or religious resources are encountered during grading or construction-related activities, in compliance with the state and federal law, all work within 100 feet of the resources shall be halted, the archaeologist for the land managing agency will be contacted, and the Plan applicants shall consult with a registered professional archaeologist and designated representatives of the Wiyot Tribal Governments to assess the significance of the find and formulate further mitigation. This would include coordination with the Native American Heritage Commission. The Native American Heritage Commission would contact the Wiyot Tribal Governments, as deemed necessary, to assist in assessing the significance of any find. If any find is determined to be of significance, the USDI-BLM and , FWS, and an appropriate representatives of the Wiyot Tribal Governments qualified archaeologist would meet to determine the appropriate necessary course of action. Pursuant to the California Health and Safety Code Section 7050.5, if human remains are encountered, all work would cease and the County coroner would be contacted. The county coroner and Native American Heritage Commission would be charged with determining if the human remains are of Native American origin.

Timing for Implementation/ Compliance: During all ground disturbing activities and/or during course of operation of the CMA. Person/ Agency Responsible for Monitoring: USFWS, BLM, Wiyot Tribe Monitoring Frequency: Continuous during grading and ground disturbing construction related activities. Evidence of Compliance: Visual or written verification that no cultural resources were found and/or disturbed.

Mitigation Measure 8: Cultural monitors will be present during initial, native soil disturbance activities that occur at locations mutually agreed upon by the Wiyot Tribal Governments, USFWS, and BLM (as necessary) as areas of the greatest concern as determined through the process outlined in Mitigation Measure 10. Pursuant to Section 106 of the NHPA, potential impacts to cultural resources will be considered for all future ground disturbing activities associated with management of the CMA on a project-by-project basis.

- 3 - 3/17/2008 Exhibit 3: CEQA Documentation

Timing for Implementation/ Compliance: During all such ground disturbing activities and/or during course of operation of the CMA. Person/ Agency Responsible for Monitoring: USFWS, BLM, Wiyot Tribe Monitoring Frequency: Continuous during such grading and/or ground disturbing construction-related activities. Evidence of Compliance: Visual or written verification that cultural monitors were present during such ground disturbing activities.

Mitigation Measure 9: Regulatory signing would state that in accordance to federal and state laws, destruction, and defacement of historical objects (Penal Code 655-1/2 and Antiquities Act)) and removal of human remains (California Public Resources Code (PRC) 5097.5, PRC 70550.5, California Code of Regulations (CCR) Section 15064.5(e) and Archaeological Resources Protection Act (ARPA) at 43 CFR 7, Native American Graves Protection and Repatriation Act (NAGPRA at 43 CFR 10) is a punishable crime. Undesignated canoe and kayak landings located on the slough and within the project boundary would be re- vegetated and signed “No Landing/Re-vegetation in Progress.”

Timing for Implementation/ Compliance: Prior to opening the area for public access. Person/ Agency Responsible for Monitoring: USFWS, BLM, Wiyot Tribe Monitoring Frequency: Once to review draft sign language; once upon completion to assure compliance. Evidence of Compliance: Signs referencing said state and federal laws are installed at CMA public access entry points and signs stating “No Landing/Re-vegetation in Progress” are installed at undesignated boat landings.

Mitigation Measure 10: As necessary, USFWS, BLM and the Wiyot Tribal Governments would work collaboratively with a registered professional archaeologist to prepare a baseline review of the cultural resources that the Tribe and agency staff mutually agrees upon as the areas of greatest concern. Thereafter annual review with a registered professional archaeologist and designated representative of the Wiyot Tribal Governments would occur. Furthermore, Ma-le’l Dunes CMA managers would conduct regular monitoring to ensure against vandalism of cultural resources within mutually agreed upon areas of greatest concern. Results of cultural resources monitoring would be conveyed to the appropriate agencies and the Tribes.

Timing for Implementation/ Compliance: Prior to opening the area for public access. Person/ Agency Responsible for Monitoring: USFWS, BLM, Wiyot Tribe Monitoring Frequency: As agreed upon by federal agencies and Wiyot Tribe Evidence of Compliance: Regular written verification that monitoring has been conducted and conveyance of results to Wiyot Tribe.

- 4 - 3/17/2008 Exhibit 3: CEQA Documentation

Appendix D Summary of Public Comments and Agencies’ Responses Ma-le’l Dunes CMA Access Planning and Environmental Review

Comments received on draft Plan Document Revised Agencies’ Responses

Comments to Plan Bear River Band of Rohnerville Rancheria The Tribe wants to participate in Yes Built the request into Mitigation mitigation planning, if adverse 10. affects to cultural resources The Tribe wants to be included Yes Built the request into Mitigation consulted in annual assessments of 10. archaeological sites. The Tribe supports alternative A No The Tribe wants to be included as an Yes Tribes were contacted for interested Tribal group throughout the preferred language to use when document where appropriate. And want referencing each Tribe. to be consulted on the plan and other activities in the area. Insert in 2.2.1 Par.2 Line 2: That Wiyot Yes Information added to Wiyot used ocean going canoes for resource cultural description extraction. Waterfowl Hunters Concerns over prohibition of guns Yes Have revised the Executive throughout the CMA. Summary and Section 4.1 to exclude legal waterfowl hunting from prohibition. Section 1.2: Inadequate listing of Yes Added passive boating list of recreational uses for which recreational activities. improvements are recommended. Section 1.3.1: Project area definition No Hunting issues are being should include hunt area. addressed in the USFWS’ Comprehensive Conservation Planning (CCP) Process, a separate federal public process allowing for public comment. Section 1.4.1: What is BLM Arcata No A plan that addresses goals and Resource Management Plan objectives for BLM land under management by the Arcata BLM Field Office. Section 1.4.1 USFWS-HBNWRC: Yes Section revised to state that Waterfowl hunting needs to be hunting issues are being addressed as pre-existing use. addressed in the USFWS’ Comprehensive Conservation Planning (CCP) Process, a separate federal public process allowing for public comment. Section 1.6 Environmental No The discussion in document

1 Exhibit 3: CEQA Documentation

Appendix D Summary of Public Comments and Agencies’ Responses Ma-le’l Dunes CMA Access Planning and Environmental Review

Comments received on draft Plan Document Revised Agencies’ Responses

Compliance: Delete firearms except pertains to Ma-le’l South, owned shotguns during waterfowl season. by BLM, where firearms are prohibited. Section 2.2.1: Plan acknowledges No Comment noted waterfowl hunting; Section 2.2.2 makes no mention of consumptive waterfowl use, though it is included in Section 2.2.1. Section 2.2.3: What is coordinated No Coordinated efforts between the management owner land managers (BLM and USFWS) to ensure continuum of experience over whole CMA. ( Section 2.2.3: Fifth Para. : Why would Yes. BLM and USFWS are adjacent Resource Management Area for the landowners of the Ma-le’l CMA. Arcata Planning Area have any impact Therefore, cooperative on federal reserve? management is necessary to protect resource values and provide for appropriate public uses. Paragraph modified to correct timeline for CCP and provide for an agreement (MOU changed to Agreement) between USFWS and BLM for [added language] allowable activities. Section 4.0 General comments as relate No. Hunting issues are being to waterfowl hunting (dogs off leash, addressed in the USFWS’ kayak/boat launching and landing Comprehensive Conservation locations, designated pedestrian trail Planning (CCP) Process, a use) separate federal public process allowing for public comment. Section 4.1.8 first paragraph, last Yes Sentence changed to read “Due sentence to potential erosion and adverse impacts to sensitive species, boat access and landing will be limited to a designated site located at Ma- le'l North parking area.” Section 4.5.1 Regulatory Signing Yes “Prohibition” has been replaced Bullet 3 with “restrictions”. Section 4.5.1 Regulatory Signing Yes Bullet deleted. Bullet 5 Humboldt Bay Oyster Company Page 4-33: “prohibition of boating” or Yes “Prohibition” has been replaced

2 Exhibit 3: CEQA Documentation

Appendix D Summary of Public Comments and Agencies’ Responses Ma-le’l Dunes CMA Access Planning and Environmental Review

Comments received on draft Plan Document Revised Agencies’ Responses

“permitted boating speed” should be with “restrictions”. eliminated from Plan. Bullet referring to boating speed deleted. There should be signage about dog No Signage will be developed to waste disposal. Consider providing address appropriate use of areas bags for dog waste disposal. and potential impacts from those uses. A caretaker will be onsite, and regular patrolling/monitoring should help to address this concern. CMA maps in Plan and onsite at Ma- No Comment noted. le’l South reflect inconsistent property boundaries. Comments received on draft IS/EA Document Revised Agencies’ Responses Comments to IS/EA Mitigations 7-10. Want the Bear River Yes Language revised to include all Band of the Rohnerville Rancheria to three Wiyot tribes. be informed, consulted and play a role in any mitigation for cultural resources and would cooperate in monitoring of the resources. Blue Lake Rancheria Water development at Ma-le’l South Yes Potable water is mentioned at the should mention that the water is beginning of document. Potable potable at beginning of document. water will be added in Phase two. Important for Tribe to have potable water for cultural use of basket materials. Want the mitigation # 10 to include a Yes Mitigation language changed. tribal representative not just an archaeologist. Mitigation #10 should state that the Yes Mitigation #10 changed to results of the cultural resources include Tribes monitoring will also be conveyed to the tribes. Wants the wording throughout the Yes Wording in document changed to document to include all three local include three Wiyot tribes. Tribes tribes. All three tribes should be contacted for further consultation. included at all levels of consultation. Tribe supports Alternative A No Ma-le’l North Road Access There were a number of comments Yes Plan was revised to limit requesting that vehicle access to Ma- vehicular access to Friday

3 Exhibit 3: CEQA Documentation

Appendix D Summary of Public Comments and Agencies’ Responses Ma-le’l Dunes CMA Access Planning and Environmental Review

Comments received on draft Plan Document Revised Agencies’ Responses le’l North is limited to a few days a through Monday. week to protect native landscapes, limit wildlife disturbance, invasive species introductions and retain wilderness qualities. Don’t further develop parking area at No Current condition inadequate for Ma-le’l North. projected use. Don’t improve road leave potholes to Yes Speed bumps will be placed along slow drivers. Consider speed bumps to road. slow traffic. Move parking lot closer to Gun Club. No Not feasible due to space limitations. Make open/close/tow times the same as No We do not have surfers and there South Jetty for consistency of is not a compelling reason to open regulations. before sunrise. It would add burden to caretaker. Signage USFWS posts refuge signs in No FWS will survey signs to make navigable waters believes this is illegal sure none are posted in navigable and hazardous. water. No RV’s or trailers at Ma-le’l North Yes Informational kiosk will inform due to limited space. public of parking limitations Non-motorized boat launching only. No This is in plan. Proposed signage of 250’ too No Signage will be as needed to meet much/intrusive. Line of sight is enforcement needs around preferred. Signage at Ma-le’l South has boundaries and at demarcation of marred the area’s beauty more than management change. Signage demarcated trails. Prefer Alternative D. may initially be spaced more closely until use patterns are established More signage to prevent trespass on No See above. private property New sign technology. No Funding is not available. More sign maintenance budget. Shift boundary signs between Ma-le’l No BLM does not wish to close North and South from northwest corner existing uses on its property. of Gun Club. RCG sign may be too vague. May need to say live ammunition is used Canoe/Kayak Access Increase launch points at Iron Creek No Plan increases number of launch and near lower Mad River Slough area. sites in area by adding formal launch site at Ma-le’l North parking area.

4 Exhibit 3: CEQA Documentation

Appendix D Summary of Public Comments and Agencies’ Responses Ma-le’l Dunes CMA Access Planning and Environmental Review

Comments received on draft Plan Document Revised Agencies’ Responses

Vegetation Gathering Advocate not allowing fungi gathering Yes Vegetative and mushroom in Ma-le’l North. A compromise would gathering will be allowed at Ma- be to rotate collecting trails from year le’l South only, from May – to year. Restrict number of fruiting November on designated trails. bodies a person can collect. No gathering will be allowed at Ma-le’l North. Dogs Allow off-leash dogs at Ma-le’l North. No. This is not an appropriate use at Run free on wave slope. Leashed on all Ma-le’l North. Ma-le’l South trails. Exclude dogs altogether. allows off-leash dog use. To avoid dogs, use Ma-le’l North. The current plan allows for a continuum of recreational uses with the most restrictive to the north where the area is more pristine, and least restrictive to the south. Horses Limit to wave slope. No To avoid horses, use Ma-le’l North. Camping No camping - destructive to habitat and No As noted in plan, camping is there are bathroom issues. allowed only on a case by case basis at Ma-le’l South, which allows for control of impacts. Any camping would be near bathrooms. Bicycle Access There will be the ongoing issue of No We expect to need strong bikes going on the trails. enforcement from caretaker to prevent this and similar situations. Trails Standard width of 3 to 6 feet too wide. No The ADA trail will be 5 ft. all Should use the Class 4 trail designation other trails will stay the present used by DPR and CCC. Single tread. width. Trail goes around seasonal wetland No Bridge will span wetlands (upland instead of over it. Or use logs from the to upland). Logs not a safe option. beach. Plan for seamless trail on North Spit. To the extent feasible, the trail system on the CMA integrates with other trail systems on the North Spit. The wave slope

5 Exhibit 3: CEQA Documentation

Appendix D Summary of Public Comments and Agencies’ Responses Ma-le’l Dunes CMA Access Planning and Environmental Review

Comments received on draft Plan Document Revised Agencies’ Responses

provides a seamless trail along the north spit. View Decks Railing height of 36” may be too short; No Comment noted. 48” may be needed for liability reasons. On-ground viewing platform instead of Yes The viewing platform on top of structure. dune has been removed from plan. The wetland view deck is replacing an existing structure and will not have additional impacts other than temporary construction. Caretaker Issues Towing issues related to caretaker No Comment noted. position as a volunteer. Training is needed to deal with irate individual. Will FWS be billed for tow? No We will need to arrange for an intermediary to assist with this. Who will carry out caretaker duties No There will be volunteer or staff When she/he is out of town? available to step in as back-up. The caretaker is not expected to be present on site 24-7. Gun Club Mistakes in referencing gun club as Yes Gun Club status corrected. private. Firearms etc prohibited, include that Yes Gun Club status corrected. RCG members and guests can have on their property and while traversing the access road. Other Comments Recognize individuals that helped No There will be a plaque, and secure the Ma-le’l Dunes for public recognition will occur at the access. ceremony.

6 Exhibit 4: Mitigation and Monitoring Program

APPENDIX C: MITIGATION AND MONITORING PROGRAM

INTRODUCTION

This Mitigation Monitoring Program was developed for the Mitigated Negative Declaration which was prepared for the Ma-le’l Dunes Cooperative Management Area Public Access Project pursuant to the California Environmental Quality Act (CEQA).

Section 15097 of the Guidelines for CEQA requires a program for mitigation monitoring or reporting when a public agency adopts a mitigated negative declaration in conjunction with approving a project. The purpose of the Mitigation Monitoring Program is to ensure that the mitigation measured outlined in the Initial Study for avoiding potential significant impacts are implemented.

The landowners and managers, the Bureau of Land Management and the Fish and Wildlife Service will monitor project implementation to ensure that mitigation measures are being incorporated.

Mitigation Measure 1: Planned improvements would occur during the dry season in seasonal wetlands and would incorporate Best Management Practices (BMPs) to control sediment transport, such as conducting work during low tide, and use of silt fencing if necessary.

Timing for Implementation/ Compliance: During construction phase Person/ Agency Responsible for Monitoring: Contractor, USFWS, BLM Monitoring Frequency: Continuous during period of construction Evidence of Compliance: Lack of turbidity in adjacent waters upon visual inspection

Mitigation Measure 2: During the breeding season for birds likely to breed in the Ma-le’l Dunes Cooperative Management Area (CMA) (February 15 to August 15), construction activities and routine maintenance would utilize only non-mechanized equipment. Only hand tools and clippers would be allowed during this period, except to address emergency and/or public safety conditions when mechanized equipment would be allowed. The use of mechanized equipment within the breeding season for birds likely to breed in the Ma-le’l Dunes CMA to address emergency conditions would be conducted at the discretion of the Ma-le’l Dunes CMA managers.

Timing for Implementation/ Compliance: During breeding period February 15 to August 15. Person/ Agency Responsible for Monitoring: Contractor, USFWS, BLM Monitoring Frequency: Prior to scheduling of construction activities or routine maintenance. Evidence of Compliance: Log of activities and maintenance conducted, date, and type equipment used.

- 1 - 3/17/2008 Exhibit 4: Mitigation and Monitoring Program

Mitigation Measure 3: The USFWS will implement Humboldt Bay wallflower seed collection from existing populations on the adjacent Lanphere Dunes Unit, and subsequent dispersal within newly restored areas of the Fernstrom-Root and Ma-le’l parcels. This measure is designed to facilitate the expansion of the wallflower within the CMA and mitigate for potential adverse impacts from off-trail foot traffic. The refuge will obtain a recovery permit.

Timing for Implementation/ Compliance: During the first season of operation of the CMA. Person/ Agency Responsible for Monitoring: USFWS Monitoring Frequency: To be determined by USFWS Evidence of Compliance: To be determined by USFWS

Mitigation Measure 4: All construction activities occurring within or adjacent to endangered plant areas would be supervised by Ma-le’l Dunes CMA resource managers and would take place outside of the growing season to avoid impacts to reproductive individuals. In addition, before the commencement of work and when species are clearly visible all occurrences of Humboldt Bay wallflower rosettes (reproductive season is approximately March 1 through the end of the summer), beach layia (reproductive season is March to May), Humboldt Bay owl’s-clover (reproductive season is May through July), Point Reyes bird’s-beak (reproductive season is approximately June 1 through end of summer), and other rare plant species located near construction areas would be flagged and the CMA resource managers would document any adversely affected individuals.

Timing for Implementation/ Compliance: Prior to commencement of construction activities Person/ Agency Responsible for Monitoring: USFWS, BLM Monitoring Frequency: Prior to initiation of any construction activity Evidence of Compliance: Visual or written verification that no endangered species were disturbed.

Mitigation Measures 5: One hundred seventy-five square feet (175 sf) of high salt marsh habitat (6.4 to 8.9 feet above mean-low-low-water) that is dominated by dense-flowered cordgrass (Spartina densiflora) would be restored with pickleweed (Salicornia virginica) and saltmarsh (Distichlis spicata) and maintained as such as mitigation for the installation of the canoe/kayak landing/launching ramp.

Timing for Implementation/ Compliance: Mitigation for loss of wetland habitat would begin immediately following the construction of the ramp. Person/ Agency Responsible for Monitoring: USFWS Monitoring Frequency: Prior to, upon completion of construction activities Evidence of Compliance: One hundred and seventy five sf of high salt marsh dominated by pickleweed and saltgrass.

- 2 - 3/17/2008 Exhibit 4: Mitigation and Monitoring Program

Mitigation Measures 6: The development of a maintenance program for the forest trails in Ma-le’l North to ensure that routine vegetation clearing does not adversely affect locally rare plants identified by the CMA resource managers.

Timing for Implementation/ Compliance: Prior to the commencement of any vegetation clearing along the trails or routine maintenance. Person/ Agency Responsible for Monitoring: USFWS Monitoring Frequency: Annually, when routine maintenance along forest trails occurs. Evidence of Compliance: Visual inspection that no rare plants were disturbed.

Mitigation Measure 7: In the event any undiscovered paleontological, archaeological, ethnic, or religious resources are encountered during grading or construction-related activities, in compliance with the state and federal law, all work within 100 feet of the resources shall be halted, the archaeologist for the land managing agency will be contacted, and the Plan applicants shall consult with a registered professional archaeologist and designated representatives of the Wiyot Tribal Governments to assess the significance of the find and formulate further mitigation. This would include coordination with the Native American Heritage Commission. The Native American Heritage Commission would contact the Wiyot Tribal Governments, as deemed necessary, to assist in assessing the significance of any find. If any find is determined to be of significance, the USDI-BLM and , FWS, and an appropriate representatives of the Wiyot Tribal Governments qualified archaeologist would meet to determine the appropriate necessary course of action. Pursuant to the California Health and Safety Code Section 7050.5, if human remains are encountered, all work would cease and the County coroner would be contacted. The county coroner and Native American Heritage Commission would be charged with determining if the human remains are of Native American origin.

Timing for Implementation/ Compliance: During all ground disturbing activities and/or during course of operation of the CMA. Person/ Agency Responsible for Monitoring: USFWS, BLM, Wiyot Tribe Monitoring Frequency: Continuous during grading and ground disturbing construction related activities. Evidence of Compliance: Visual or written verification that no cultural resources were found and/or disturbed.

Mitigation Measure 8: Cultural monitors will be present during initial, native soil disturbance activities that occur at locations mutually agreed upon by the Wiyot Tribal Governments, USFWS, and BLM (as necessary) as areas of the greatest concern as determined through the process outlined in Mitigation Measure 10. Pursuant to Section 106 of the NHPA, potential impacts to cultural resources will be considered for all future ground disturbing activities associated with management of the CMA on a project-by-project basis.

- 3 - 3/17/2008 Exhibit 4: Mitigation and Monitoring Program

Timing for Implementation/ Compliance: During all such ground disturbing activities and/or during course of operation of the CMA. Person/ Agency Responsible for Monitoring: USFWS, BLM, Wiyot Tribe Monitoring Frequency: Continuous during such grading and/or ground disturbing construction-related activities. Evidence of Compliance: Visual or written verification that cultural monitors were present during such ground disturbing activities.

Mitigation Measure 9: Regulatory signing would state that in accordance to federal and state laws, destruction, and defacement of historical objects (Penal Code 655-1/2 and Antiquities Act)) and removal of human remains (California Public Resources Code (PRC) 5097.5, PRC 70550.5, California Code of Regulations (CCR) Section 15064.5(e) and Archaeological Resources Protection Act (ARPA) at 43 CFR 7, Native American Graves Protection and Repatriation Act (NAGPRA at 43 CFR 10) is a punishable crime. Undesignated canoe and kayak landings located on the slough and within the project boundary would be re- vegetated and signed “No Landing/Re-vegetation in Progress.”

Timing for Implementation/ Compliance: Prior to opening the area for public access. Person/ Agency Responsible for Monitoring: USFWS, BLM, Wiyot Tribe Monitoring Frequency: Once to review draft sign language; once upon completion to assure compliance. Evidence of Compliance: Signs referencing said state and federal laws are installed at CMA public access entry points and signs stating “No Landing/Re-vegetation in Progress” are installed at undesignated boat landings.

Mitigation Measure 10: As necessary, USFWS, BLM and the Wiyot Tribal Governments would work collaboratively with a registered professional archaeologist to prepare a baseline review of the cultural resources that the Tribe and agency staff mutually agrees upon as the areas of greatest concern. Thereafter annual review with a registered professional archaeologist and designated representative of the Wiyot Tribal Governments would occur. Furthermore, Ma-le’l Dunes CMA managers would conduct regular monitoring to ensure against vandalism of cultural resources within mutually agreed upon areas of greatest concern. Results of cultural resources monitoring would be conveyed to the appropriate agencies and the Tribes.

Timing for Implementation/ Compliance: Prior to opening the area for public access. Person/ Agency Responsible for Monitoring: USFWS, BLM, Wiyot Tribe Monitoring Frequency: As agreed upon by federal agencies and Wiyot Tribe Evidence of Compliance: Regular written verification that monitoring has been conducted and conveyance of results to Wiyot Tribe.

- 4 - 3/17/2008 Exhibit 5: Letters of Concurrance from BLM and FWS Exhibit 5: Letters of Concurrance from BLM and FWS Exhibit 6: Letters of Support

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