EHL is focusing on federal permitting and related initiatives in the region to save the last of the SBKR and its wash community.

Because we were unable to stop the Lytle Creek Ranch development project from being approved by the City of Rialto, EHL has fully engaged in permit applications under the Clean Water Act and Endangered Species Acts. The Clean Water Act requires the adoption of the least environmentally damaging practicable alternative and the Endangered Species Act requires the development of alternatives to avoid jeopardy to a protected species such as the SBKR. The SBKR is indeed in jeopardy; it is hanging by a thread in three isolated populations, and Lytle Creek is the only location where the natural hydrology of flood cycles can renew its sandy habitat and prevent the overgrowth of vegetation in which the animal can’t live.

After comment letters were submitted by EHL and state and federal agencies on the Clean Water or “404” permit application to fill wetlands, the US Army Corps of Engineers notified the applicant that its alternatives analysis was insufficient and that its impacts were too large to justify a “short form” environmental document. This was a virtually unprecedented letter.

EHL also retained hydrological experts to review the applicant’s data and contentions. Serious flaws were found. And we continue to explore “win-win” alternatives for a smaller project with experts in the economics of development projects.

In addition, EHL has begun a dialogue with local water agencies, sand mining companies, and the Army Corps regarding the SBKR population along the Santa Ana River near Redlands. This population is severely compromised by the upstream Seven Oaks Dam. There are two comprehensive “habitat conservation plans” underway for the SBKR and other wash and aquatic species (like the Santa Ana sucker, an endangered native fish) along this stretch of the Santa Ana. EHL will collaborate with the applicants to ensure effective and successful plans, and will look at the Lytle Creek and Santa Ana systems holistically. Securing proper releases of water from Seven Oaks Dam – promised but never delivered – will play a big role in solutions.

Please stay with us as this story unfolds.