Some history and questions about Sand Gilia at Sea Haven (formerly Marina Heights)
F. Watson, PhD. Feb-Sep 2020

Overview

The Marina Heights / Sea Haven site experienced some take in about 2006, but I have not been able to find a description nor physical evidence in the field of any of the required mitigation having been completed.

This raises a number of questions that are at the bottom of this page.

History

  1. 2003 April - In anticipation of development, biological surveys for what is now Sea Haven were done by Zander. Four Gilia polygons were delineated, as shown in this map:
      


  2. 2003 July - DEIR for Marina Heights, included Zander's map.

  3. 2004/5 - Mitigation plan developed (by DD&A?) as part of application for Incidental Take Permit.

  4. The Mitigation Plan required that, prior to grading, two letters of credit totalling $2,326,977 to be posted - for land acquisition and restoration implementation.

  5. The Mitigation Plan required that, prior to grading, an endowment fund would be created totalling $200,044 - for mitigation land management.

  6. 2005 - Incidental Take Permit 2081-2005-029-03 issued, with mitigation plan attached.

  7. 2006/7 - Substantial grading and grubbing occurred in two of the polygons visible in 2007 & 2009 aerial imagery. The area of these polygons is about 14 acres. Take would certainly have occurred.

  8. 2008 - MOA between FORA, County RDA, & Marina Heights regarding use of Landfill site as mitigation receiver under the 2004/5 mitigation plan.

  9. 2010 June 30 - Take permit expired (according to 2012 letter, see below)

  10. 2012 - Letter from CDFW to Marina Heights developer noting that 14.5 acres of take had occurred and commenting on the possibility of phasing the mitigation in relation to this.

  11. 2016 - approx? - development transferred ownership (?) from Marina Heights to Sea Haven

  12. 2016 - Sea Haven item before Marina DRB, includes a Gilia-related condition implying that no current take permit exists for Gilia

  13. 2017 - First homes built at Sea Haven, after site lay idle for about 10 years since road construction in 2007.

  14. 2020 - Construction active. Items before council. Some of the original Gilia polygons may be intact but remain zoned for development.
     
  15. 2020 - Sep - City agrees to take ownership of Landfill border parcels from County

Questions

The above history leaves me with some questions that I think have bearing on the overall potential for recovery of Sand Gilia under CESA & ESA.  Perhaps these are simple questions with simple answers, but if the answers are simple, they are not readily apparent from the public perspective:

  1. Were the $2.3M letters of credit posted? What is their current status, and the status of any actions they were intended to assure?
     
  2. Was the $200k endowment created? What is its current status, and the status of any actions it was intended to assure?
     
  3. Has any actual mitigation for the "14.5" acres of take occurred?
     
  4. What is the current plan for future development and mitigation at Sea Haven in the Gilia polygons mapped by Zander in 2003, particularly in the not-yet-developed polygons that may still support substantial amounts of Sand Gilia?
     
  5. Has the city or a developer instituted any physical survey of Sand Gilia at Sea Haven since the 2003 Zander surveys?
     
  6. Does a current take permit exist for any remaining take of Sand Gilia at Sea Haven?