TOAD TERRITORY AT ISSUE PLAN MIGHT NOT ADEQUATELY PROTECT CREATURE'S HABITAT, OFFICIALS SAY.

Byline: Kathleen Sweeney Staff Writer

SANTA CLARITA - A development plan that addresses an endangered 2-inch toad may not adequately cover the species' habitat, said federal officials who are reviewing the document.

For nearly 10 months, the U.S. Fish & Wildlife Service has been conducting a biological opinion of The Newhall Land and Farming Company's Natural River Management Plan that outlines measures to protect aquatic species along rivers and creeks.

But during the final review process, a biologist felt uneasy about the protection offered for the endangered arroyo toad because the small amphibian lives not only in the Santa Clara River and its tributaries but also in the banks and uplands surrounding them. He plans to meet with the Army Corps of Engineers this week.

``(The plan) is fairly strictly aquatic, but the arroyo toad is unique in that it has an aquatic stage and upland development,'' said Rick Farris, a U.S. Fish & Wildlife senior biologist who conducted the biological opinion. ``We are going back to reexamine what could happen in the future. We are going back to the (Army) Corps and tell them some of our concerns.''

The U.S. Fish & Wildlife Service also is requesting that it be told about ongoing projects near critical habitat and along the river so it can better protect endangered species.

This request comes just as the city of Santa Clarita approved the expansion of Valencia's Auto Row near the William S. PONY Baseball and Softball Complex. Four new dealerships will be added to the area along the banks of the Santa Clara River, despite objections from environmentalists who say the arroyo toad may live in the area.

Farris is concerned that the City Council approved the project without the authority to take endangered species, which could lead to criminal or civil charges.

Lisa Hardy, a city senior planner, said the city conducted an Environmental Impact Report in 1997 that suggests any project in the area would not harm the environment and that the arroyo toad is not known to occur in the area.

Two recent surveys on the toad have also concluded that PONY fields are inaccessible to the toads - because of the steepness of the banks and because the land there is already too highly disturbed and is of low habitat value.

Another survey was conducted between March and June and discovered no toads in the area, Hardy added.

``All of our documents meet the requirement of applicable agencies, that include the U.S. Fish & Game Service,'' she said.

Marlee Lauffer, a Newhall Land spokeswoman, said the arroyo toad has not been found in the area of the planned Auto Row expansion, which is along Valencia Boulevard and Creekside Drive. But the company's Natural River Management Plan, which includes that area, does protect the toad and other amphibians found in the river.

Farris, however, isn't convinced.

``I don't accept the idea that they (toads) are not in the area,'' he said.

Some environmentalists, however, criticize the federal agency for dragging its feet in completing the project.

Under the Endangered Species Act, the U.S. Fish & Wildlife Service has 90 days to complete consultations on a project, after which it prepares a biological opinion on whether the proposed activity will jeopardize the continued existence of a listed species. The federal agency then has 45 days after completion of formal consultation to write the opinion.

The U.S. Fish and Wildlife Service received the request for consultation on Oct. 12. From then, the federal agency had 135 days to complete the process, though it asked for a 60-day extension. It was expected to be finished in March.

The biological opinion has been put on the back burner because of limited staff, a heavy case load and recent wildfires, Farris said.

``It has nothing to do with helping anyone out other than the arroyo toad,'' he said. ``Nobody is pleased that it's taking so long.''

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The arroyo toad is federally listed as an endangered species.

Jeff Goldwater/Staff Photographer