3.3 Biological Resources

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3.3 Biological Resources Solano 4 Wind Project EIR July 2019 3.3. Biological Resources This section describes the biological resources known or with potential to occur on the project site. The analysis discusses existing environmental conditions, methods used for the assessment, potential environmental impacts of the project, and mitigation measures proposed to reduce significant and potentially significant impacts. This section also presents an overview of federal, state, and local laws and regulations pertaining to the protection of biological resources in Solano County. The biological resources information in this section was collected from: • the results of a search of biological resources databases; • technical reports prepared for previous proposed phases of the Solano 4 Wind Project, and other project sites in the Wind Resource Area (WRA); • project-specific biological resources studies; and • a site reconnaissance conducted by AECOM biologists in February 2019. AECOM reviewed the following databases to develop a list of special-status wildlife, plants, and sensitive natural communities that have the potential to occur in the vicinity of the proposed project: • California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) records for the Antioch North, Birds Landing, Jersey Island, and 12 surrounding U.S. Geological Survey (USGS) 7.5-minute quadrangles (CDFW 2019a); • California Native Plant Society (CNPS) online Inventory of Rare and Endangered Plants of California for the Antioch North, Birds Landing, Jersey Island, and 12 surrounding USGS 7.5-minute quadrangles (CNPS 2019); • U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation Trust Resource report species list for the project site (USFWS 2019a); • records for 2018 and 2019 from eBird, an online citizen-based bird observation network (Sullivan et al. 2009); and • final designated critical habitat as mapped by the USFWS Environmental Conservation Online System (USFWS 2019b). AECOM also reviewed data from previous studies, reports, and surveys conducted in the WRA and surrounding areas, along with the following other information sources for known biological resources in the area: • SMUD Solano Wind Project, Phase 3 Draft Environmental Impact Report (SMUD 2007); Page 3.3-1 Solano 4 Wind Project EIR July 2019 • Habitat Assessment for the California Tiger Salamander (Ambystoma californiense), California Red-Legged Frog (Rana draytonii), and Giant Gartersnake (Thamnophis gigas) on the Collinsville Wind Project Site, Solano County, California (Rana Resources 2009a); • Revised Draft Addendum Habitat Assessment for the California Tiger Salamander (Ambystoma californiense), California Red-Legged Frog (Rana draytonii), and Giant Gartersnake (Thamnophis gigas) on the Proposed Tie-In Transmission Line at the Collinsville Wind Project Site, Solano County, California (Rana Resource 2009b); • Second Addendum Habitat Assessment for the California Tiger Salamander (Ambystoma californiense), California Red-Legged Frog (Rana draytonii), and Giant Gartersnake (Thamnophis gigas) on the Proposed Tie-In Transmission Line Substation at the Collinsville Wind Project Site, Solano County, California (Rana Resources 2010); • Avian Use Study for the Collinsville Wind Power Project, Solano County, California (Curry & Kerlinger 2011); • Bald and Golden Eagle Survey Report Memo for Proposed Collinsville Wind Project, Solano County, California (GANDA 2011); and • Avian and Bat Protection Plan for the Proposed Collinsville Wind Project (ICF International and H.T. Harvey & Associates 2011). Between 2016 and 2019, numerous project-specific biological resources surveys were completed in the proposed project subareas, Solano 4 West and Solano 4 East, and along the electrical transmission collection lines that run northward and westward, respectively, from each subarea to the centrally located Russell Substation (Exhibit 2-2 in Chapter 2, “Project Description”). Area West Environmental, Inc. (AWE) conducted agency coordination and field surveys in the Solano 4 West subarea and along the associated collection line in 2016 and 2017 (AWE 2017a, 2017b, 2017c, 2017d). Also in 2017, Althouse and Meade Biological and Environmental Services conducted invasive-species monitoring in both subareas (Althouse and Meade 2017). In 2018, Estep Environmental Consulting (2018a, 2018b) and AECOM (2018a, 2018b, 2018c, 2018d, 2019a, 2019b) conducted field surveys for remaining portions of Solano 4 West and Solano 4 East and the associated collection lines. Appendix C presents the technical studies prepared by AECOM and Estep Environmental Consulting. Combined, the reports listed below represent a thorough and complete biological analysis of the entire proposed project area. • Solano 4 West subarea and collection line: o Eagle Survey Report (AWE 2017a) o Preliminary Jurisdictional Determination (AWE 2017b) Page 3.3-2 Solano 4 Wind Project EIR July 2019 o Protocol-Level Special-status Plant Surveys Conducted for the Solano Phase 4 Wind Project (AWE 2017c) o Habitat Assessment and Vegetation Mapping Summary Report (AWE 2017d) • Solano 4 West and Solano 4 East subareas, excluding collection lines: o Invasive Species Monitoring Report for Solano Wind Farm (Althouse and Meade 2017) • Solano 4 West, Solano 4 East, and all collection lines: o Burrowing Owl Habitat Assessment for the Solano 4 Wind Project (AECOM 2018a) o Sacramento Municipal Utility District Solano 4 Wind—California Tiger Salamander Habitat Assessment (AECOM 2018b) o California Red-legged Frog Habitat Assessment for the Solano 4 Wind Project (AECOM 2018c) o Giant Garter Snake Habitat Assessment for the Solano 4 Project (AECOM 2018d) o Solano 4 Wind Project Eagle Survey Report (Estep Environmental Consulting 2018a) o Solano 4 Wind Project Avian Use Report (Estep Environmental Consulting 2018b) • Solano 4 West, Solano 4 East, and collection line from Solano 4 East to the Russell Substation: o Sacramento Municipal Utility District Solano Wind 4 Project Botanical Survey Report (AECOM 2019a) • Solano 4 East and collection line: o Preliminary Delineation of Waters of the United States, Including Wetlands—SMUD Solano 4 Wind Project (AECOM 2019b) Page 3.3-3 Solano 4 Wind Project EIR July 2019 3.3.1. Regulatory Setting Federal Federal Endangered Species Act The federal Endangered Species Act (ESA) of 1973 and subsequent amendments govern the conservation of endangered and threatened species and the ecosystems on which they depend. USFWS and the National Marine Fisheries Service (NMFS) oversee the ESA. USFWS has jurisdiction over plants, wildlife, and resident fish and NMFS has jurisdiction over anadromous fish and marine fish and mammals. ESA Section 7 requires federal agencies to consult with USFWS and NMFS if they determine that a proposed project may affect a listed species or destroy or adversely modify designated critical habitat. If the action may result in take of listed species or adverse modification of critical habitat, the lead federal agency must obtain an incidental take authorization or a letter of concurrence stating that the project is not likely to adversely affect federally listed species. Section 7 requirements do not apply to nonfederal actions. Projects that do not involve a federal action, but that would adversely affect (result in take of) a federally listed species, must comply with ESA Section 10. To comply with Section 10, the project proponent must prepare a habitat conservation plan, which results in the issuance of an incidental take permit by USFWS and/or NMFS. ESA Section 9 prohibits take of any fish or wildlife species listed as endangered, including the destruction of habitat that prevents the species’ recovery. “Take” is defined as any action or attempt to hunt, harm, harass, pursue, shoot, wound, capture, kill, trap, or collect a species. Section 9 prohibitions also apply to threatened species unless a special rule governing take was defined at the time the species became listed. The take prohibition in ESA Section 9 applies only to fish and wildlife species. However, Section 9 also prohibits the unlawful removal and possession, or malicious damage or destruction, of any endangered plant from federal land. Section 9 prohibits acts to remove, cut, dig up, damage, or destroy an endangered plant species in nonfederal areas in knowing violation of any state law or in the course of criminal trespass. Candidate species and species that are proposed for or under petition for listing receive no protection under Section 9. Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) (16 USC 703 et seq.), first enacted in 1918, provides for the protection of international migratory birds and authorizes the Secretary of the Interior to regulate the taking of migratory birds. The MBTA states that it is unlawful, except as permitted under MBTA, to pursue, take, or kill any migratory bird, or any part, nest, or egg of any such bird. The current list of species protected by the MBTA can be found in Title 50, Section 10.13 of the Code of Federal Regulations (50 CFR 10.13). The list includes nearly all birds native to the United States. Page 3.3-4 Solano 4 Wind Project EIR July 2019 The U.S. Court of Appeals for the Ninth Circuit, the controlling federal appellate court for California, has held that habitat modification that harms migratory birds “does not ‘take’ them within the meaning of the MBTA” Seattle Audubon Soc. v. Evans, 952 F.2d 297, 303 (1981). Additionally, in December 2017, the U.S. Department of the
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