Ecological and Biological Consulting Services

statement of qualifications

32CelebratingYearsof Excellence

Certified Green Business

Ecological and Biological Consulting Services

statement of qualifications

PREPARED BY

EMC Planning Group 301 Lighthouse Avenue Suite C Monterey, CA 93940 Tel 831.649.1799 Fax 831.649.8399 [email protected] www.emcplanning.com

september 2010

1.0 Ecological and Biological Consulting Services

EMC Planning Group is a full-service land use and environmental planning firm located in Monterey, California. Established in 1978, the firm is celebrating its 32nd year of providing land use and environmental planning and design services to public and private clients throughout California. Services include the following:

. Community Planning;

. Municipal Staff Support;

. CEQA/NEPA Compliance;

. Climate Change;

. Ecological and Biological Services;

. Land Planning & Design Services; and

. Permitting and Regulatory Compliance.

EMC Planning Group personnel have extensive training and experience in land use and environmental planning laws and procedures and offer a diverse range of professional and technical expertise to assist our clients in coordinating and obtaining development approvals in a cost- and time-efficient manner. We have found that by maintaining open communication and working in close coordination with our valued clients throughout the environmental resource assessment and regulatory compliance process, we can regularly help them achieve their project objectives – specifically, by facilitating the design of practical, timely, cost-efficient and legally adequate solutions to complex environmental challenges.

emc planning group inc.  As a value-added component to our environmental planning and permit compliance services, EMC Planning Group offers our clients a wide range of specialty biological/ecological services. We prepare biotic resource assessment reports, environmental compliance document sections, wetland assessments and preliminary jurisdictional delineations, as well as conduct special status focused surveys for sensitive plant and animal species. Additionally, our firm offers consultation and permitting services for regulatory agency permitting programs, as well as consultations involving state and federal endangered species regulations.

EMC Planning Group has performed ecological work in many California counties, including Monterey, Santa Cruz, San Benito, San Mateo, San Luis Obispo, Merced, Stanislaus, and Fresno. Our firm’s lead biologist has worked on biological projects in Alameda, Santa Clara, San Mateo, San Francisco, Sonoma, San Joaquin, Contra Costa and Riverside counties, as well as in Oregon, Washington and Nevada. A representative sample of our Ecological Services clients include: cities, counties, and special districts, as well as private property owners and developers.

EMC Planning Group’s Ecological and Biological Consulting Services Statement of Qualifications describes the different ecological and biological services provided by our firm, includes representative projects, and provides brief biographical background information on the personnel who perform our services.

Ecological Services

EMC Planning Group biologists and environmental technicians have assisted clients in complying with all aspects of state and federal threatened and endangered species regulatory compliance on both large and small projects, from conducting baseline biological habitat characterizations for individual private land owners, assisting with formal Section 7 ESA Consultation for clients, to preparing and coordinating complex regulatory permitting schedules for large energy infrastructure projects. Our botanists have had direct experience with a broad range of plant community and/or habitat types including: maritime chaparral, oak woodland, redwood forests, vernal pool wetlands, native grasslands, seasonal wetlands, riverine and lacustrine systems, tidal estuaries as well as desert

 ecological and biological consulting services habitats. We evaluate botanical site conditions, factoring the area’s soil compositions, micro-climate effects, topography, and consider the underlying biotic and human influences that can affect plant community and species composition.

EMC Planning Group’s biologists and environmental technicians have established a reputation for working with our clients during the initial stages of project planning to help identify controversial issues upfront and propose achievable, effective avoidance and minimization strategies prior to the implementation phase of their projects to save time, reduce costs and expedite project approvals. By incorporating this pro- active impact avoidance philosophy into our ecological client support services, we have found that we are able to provide project proponents with technically sound, appropriately detailed technical compliance documents that can withstand legal and regulatory scrutiny. By working to identify potential constraints early in the scoping process, EMC Planning Group has been able to help our clients avoid delays to the projects schedule and earn early regulatory buy-in.

EMC Planning Group’s biologists have a proven record of preparing, negotiating and obtaining permit approvals from state and federal regulatory agencies on various sized projects by providing our clients with adaptive, innovative solutions to their environmental compliance challenges. EMC Planning Group’s biologists and environmental science professionals accomplish this by being client-focused, by providing technically-sound, conservative resource analysis and judgment, and by establishing a level of trust with regulatory agency staff through open communication and transparency, so that we are able to advance our clients projects through the regulatory approval process, on budget and ahead of schedule.

Our Ecological Services Include:

. Preparation of Biological Reports and Maps, and Evaluation of Existing Reports and Management Plans; • Biotic Resources Assessments and Impact Analyses; . Compliance with CEQA and NEPA Regulations; . Wetland Assessments and Delineations; . Special Status Species Surveys; . Environmental Regulations - Consultation, Permitting and Compliance; • State and Federal Endangered Species Act Compliance; • Clean Water Act Compliance;

emc planning group inc.  • California Department of Fish and Game Streambed Alteration Agreement Compliance; • Vegetation Monitoring Planning and Site Monitoring; and . Pre-Construction and Mitigation Monitoring.

Preparation of Biological Reports and Maps, and Evaluation of Existing Reports and Management Plans

The complexity, scale, and duration of a project and its potential to impact the envi- ronment factor into determining the appropriate level of environmental compliance documentation necessary to advance a particular project through the environmental review process. All of the reports produced by EMC Planning Group during the conduct of the previously described services may also be prepared as stand-alone documents or as an individual component of a larger-scale environmental program intended for a particular project. All reports described contain a corresponding level of mapping that provides a visual description of the findings.

Biotic Resource Assessments and Impact Analyses

Biotic resource assessments are conducted to determine if special status species or sensitive habitats are present on a project site, and if resource agency permits are required for a proposed project. Biotic resource assessments include a reconnaissance- level site investigation of a particular project site in order to identify existing habitats and biotic resources on the project site, and to determine the potential for special status wildlife and plant species to occur on the project site. A background data search is conducted prior to the site investigation to determine the potential for special status species in the vicinity of the project site.

This background information is obtained from the numerous regulatory sources, including the California Department of Fish and Game’s Natural Diversity Database and Special Animals and Special Plants lists, the California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California, the USFWS’s National Wetlands Inventory (NWI) database and site specific species occurrence lists generated by the U. S. Fish and Wildlife Service regional field headquarters.

 ecological and biological consulting services After the field evaluation visit has been conducted, a biological report of findings is prepared and includes the following information: the results of the background data search and field investigation, an analysis of the subject projects potential to impact sensitive biological (plant and animal) resources, makes conclusions and provides recommendations, proposes mitigation (if required), and identifies future permits necessary to implement the project, should they be required.

This service also includes technical peer review and outside evaluation of biological resource documents prepared by others to determine document(s) adequacy, assess impact analyses, to support the development of effective mitigation measures, and/or update or revise previously prepared or outdated environmental documents, as may be necessary.

Compliance with CEQA and NEPA Regulations

Documents prepared in compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) require analysis of potential impacts to biological resources as the result of a proposed project. EMC Planning Group biologists perform biotic resource assessments and prepare biological resources sections for inclusion in environmental compliance documents.

Wetland Assessments and Delineations

Wetlands are transitional communities that occur at the margins between aquatic and terrestrial ecosystems. These important areas serve many beneficial functions by providing water filtration, pollution reduction, groundwater recharge, and fish and wildlife habitat. Wetlands also provide great value to society at large through flood protection, revenue generation (eg.-hunting, fishing and recreation) and aesthetics. These critically important habitat areas have many different forms, characteristics and definitions and the ecological, political and jurisdictional boundaries that they sometimes overlap can pose challenges to the project proponent.

As an important component to our Ecological Service line, EMC Planning Group’s Wetland Services provide our clients with multi-disciplinary wetland science capabilities. We have the technical know how, staff resources and the necessary technologies to help our clients effectively address the presence of jurisdictional wetland communities on site and advance their project goals. Our wetland scientists have the training, practical project experience and fundamental knowledge to successfully execute a wide array of

emc planning group inc.  technical wetland studies from inception to completion. We take pride in being able to provide our clients with timely, cost-effective solutions to challenging wetland projects in order that you meet your project goals and remain on schedule.

EMC Planning Group prepares two types of wetland analysis documents: General Wetland Assessments and Preliminary Jurisdictional Wetland Delineations.

A General Wetland Assessment involves a reconnaissance-level field investigation intended to preliminarily identify potential wetland areas based on general observations of soil characteristics, hydrology and vegetation. This level of qualitative ecological evaluation is intended to be general in nature, rather than quantitative, and is intended to preliminarily establish the presence of potential jurisdictional wetlands as determined by the Army Corps of Engineers.

EMC Planning Group’s Wetland Assessment report includes a characterization of the general site conditions, including the level of disturbance, denotes the observed hydrological conditions of any on site wetland feature(s), a characterization of the dominant vegetation communities present, a brief description of the soil types located in the general vicinity of the site and provides a general location map of potential wetland areas located within the study area. This level of wetland evaluation is typically recommended for site constraints analyses and preliminary land use feasibility studies; it does not, however, necessarily present the entirety of technical information required by the U.S. Army Corps of Engineers for wetland permitting.

A Prelimenary Jurisdictional Wetland Delineation consists of a more thorough field investigation to quantify and map the extent of potentially jurisdictional wetlands and waters of the U.S. that may be regulated by the U.S. Army Corps of Engineers and/or the state. Preliminary wetland delineations are performed based on the methods outlined in the U.S. Army Corps of Engineers Wetlands Delineation Manual (Department of the Army Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (USACE 2008).

EMC Planning Group’s Prelimenary Jurisdictional Wetland Delineation deliverable includes a detailed characterization of the site’s ecological setting, an evaluation of hydrophytic vegetation, an analysis of hydric soil characteristics, and a characteriza- tion of site wetland hydrology, including determining the wetland’s connectivity to navigatable waters . Our preliminary jurisdictional wetland delineation document- ing baseline wetland conditions is prepared to USACE standards and is suitable for a permit application submittal.

 ecological and biological consulting services Special Status Species Surveys

Special status species surveys involve focused field investigations conducted in order to demonstrate the presence or absence of specific, sensitive (i.e. protected) wildlife and/or plant species, and also to investigating individual numbers of a particular plant or animal species present at a given site at a specific time. The majority of focused, special status biological and botanical surveys are conducted according to specific survey protocols established by the U.S. Fish and Wildlife Service, California Department of Fish and Game and/ or the California Native Plant Society (if a scientific protocol has been developed) for the species of interest. EMC Planning Group’s Special Status Survey Report provides a brief characterization of the Photo Courtesy of USFWS site’s ecological setting, discusses survey methodologies, presents the survey results, Kit Fox conducts a project-specific impact analysis and proposes mitigation measures (if required) intended to reduce potential project impacts to the special status species (or their habitats) to a less than significant level, if possible.

Environmental Regulations – Consultation, Permitting and Compliance

State and Federal Endangered Species Act Compliance

EMC Planning Group provides a full-range of regulatory compliance services related to both state and federal endangered species act regulations. This includes consultation with the U.S. Fish and Wildlife Service, California Department of Fish and Game, National Marine Fisheries Service, and/or other relevant resource agencies to determine if special status species may potentially occur within habitats found at a particular project site, to coordinate survey protocol requirements and confirm qualifications to conduct certain protocol level surveys, and to determine what permits may be necessary. Depending on the scale, duration and intensity of the project’s potential impact to sensitive status species, compliance with state and federal endangered species regulations may require the preparation of a Biological Assessment Report and/or a Habitat Conservation Plan. EMC Planning Group’s State and Federal Endangered Species Act Compliance services include the preparation of these complex documents in coordination with the involved resource agencies for inclusion within a permit application package, informal and formal agency consultations, and development and implementation of Mitigation Monitoring Plans.

emc planning group inc.  In addition to permit application assistance, EMC Planning Group routinely coordinates with resource agencies as part of the CEQA and NEPA environmental review processes. For those projects with probable impacts to special status species, preliminary consultation prior to the permit application process is recommended to establish the proper level of site investigation/study design, to recommend the appropriate mitigation measures and to increase the likelihood that mitigation measures proposed in the environmental document will effectively address project impacts and will meet established performance standards.

Clean Water Act Compliance

This service includes preliminary consultation with the U.S. Army Corps of Engineers to determine necessary permits for a particular project under Section 404 of the Clean Water Act. Following completion of a preliminary jurisdictional wetland delineation, this service also includes coordination with the U.S. Army Corps of Engineers in order to verify the wetland delineation (jurisdictional wetland determination), and to obtain the required permits under Section 404 of the Clean Water Act.

This service also includes consultation with the California Regional Water Quality Control Board to determine water quality certification for a particular project under Section 401 of the Clean Water Act, as well as preparation of necessary applications to the Board for water quality certification.

California Fish and Game Streambed Alteration Agreement Compliance

This service includes preliminary consultation with the California Department of Fish and Game to determine requirements under the Streambed Alteration Agreement Program for a particular project (California Fish and Game Code Section 1600 et seq.). Streambed Alteration Agreements are required in certain instances for construction projects in which proposed project activities could impact wetland areas associated with rivers, streams, or lakes. EMC Planning Group’s Streambed Alteration Agreements compliance support includes preparation of required application materials, maps, the development of supplemental habitat mitigation measures (if deemed necessary), and coordination with the Agency to obtain an executed Streambed Alteration Agreement.

 ecological and biological consulting services Vegetation Monitoring Plans and Site Monitoring

This service includes preparation of Vegetation Monitoring Plans necessary for compliance with mitigation measures contained in environmental documents (i.e. Mitigated Negative Declarations, Environmental Impact Reports) and for compliance with permit requirements (i.e., Streambed Alteration Agreements, Clean Water Act regulations). Mitigation planning includes assessments of vegetation replacement or habitat restoration required to mitigate impacts and also include monitoring required to ensure the successful performance of vegetation mitigation. This service also includes performing mitigation monitoring required as part of the vegetation monitoring plans or for compliance with environmental permitting requirements.

Pre-Construction and Mitigation Monitoring

This service includes conducting pre-construction surveys in advance of construction, developing and conducting construction worker awareness training sessions and site monitoring of special status species and protected habitats. Coordination with involved regulatory agencies (i.e. permit support) and the preparation of specific Mitigation and Monitoring Plans can also be accommodated within the scope of this service line, as needed.

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10 ecological and biological consulting services 2.0 Representative Projects

Biotic Resource Assessments and Impact Analyses

Rancho San Bernabe Biological Resource Assessment, King City EMC Planning Group prepared a biological resource assessment for an approximately 2,400-acre property near King City in Monterey County, California. Tasks included reviewing all available planning area information, including topographic maps and plan maps to define the scope of the biological investigation; conducting a background data search to determine the potential for rare species in the vicinity of the planning area; conducting field surveys of the planning area to (1) identify and map the principal plant communities and (2) assess the potential for special-status species and their habitats, wildlife movement corridors, potential jurisdictional wetlands, and other significant biological resources to occur in the planning area; and consulting with various agencies, other consultants, and local biological experts regarding potential impacts and mitigation measures. A biological resources assessment report Photo Courtesy of USFWS Kit Fox was prepared to describe existing habitats and plant and animal species found in the planning area, the occurrence of and/or potential for special-status species and their habitats, and the need for further studies associated with the environmental review process. Predominant vegetation types within the project boundary include vineyards, non-native grassland, oak savannah,

emc planning group inc. 11 and oak woodland. Special status species with the potential to occur at the project site include special status plants protected raptor and bird species, bats, San Joaquin kit fox, and San Joaquin pocket mouse. Ongoing work includes coordination with the USFWS and CDFG for surveys and mitigation scenarios for the endangered San Joaquin kit fox and San Joaquin pocket mouse.

Polacek Family Residence Biological Resource Assessment and Mitigation Monitoring, San Mateo County EMC Planning Group represented the Polacek family through an appeal process with the California Coastal Commission. Specific issues involved agricultural land preservation, biological resources, hydrological surface channels and protection of visual resources. The Coastal Permit Approval included EMC Planning Group negotiating a condition with the landowner, California Costal Commission and Monterey County Agriculture Preservation Land Trust to protect the majority of the property in agricultural preservation. Biological work included updating a biological assessment, preparing a wetland delineation to Army Corps of Engineers and California Coastal Commission standards, and making recommendations for avoidance, protection, and mitigation. Species of concern included the California red-legged frog and the San Francisco garter snake. To comply with the final recommendations, EMC Planning Group also conducted monitoring for wetlands, California red-legged frog, and San Francisco garter snake during construction activities.

The Orchards Biological Resources Assessment, City of Salinas This project includes planning, permit acquisition, and environmental review for a residential and commercial development in Salinas, California. As part of the planning process, a biological resources assessment was conducted to identify potential development constraints within the project area. The biological resources assessment included a biological survey and report, a formal wetland delineation and report, and a protocol-level survey and report for the California red-legged frog, a species listed as threatened by the USFWS and as a species of concern by the CDFG. The proposed project includes modifications to Jurisdictional Wetlands and Waters

12 ecological and biological consulting services of the U.S. Permits for these activities are in process, including Section 401 and 404 permits from the Regional Water Quality Control Board and the Army Corps of Engineers, a Section 1600 permit from CDFG, and local agency permits.

City of San Ramon California Environmental Quality Act (CEQA) Compliance, San Ramon Mr. Goggin, while working with Kleinfelder, served as Project Manager and primary point of contact for a multi-year, on-call Biological Services contract supporting various Engineering Division projects for the City of San Ramon. Studies performed include: preliminary habitat assessments, California Environmental Quality Act (CEQA) compliance planning and permitting, construction monitoring, jurisdictional wetland delineations and protocol-level, focused special-status species surveys (burrowing owl, California red-legged frog, western pond turtle, nesting raptors). Mr. Goggin also assisted with production of detailed habitat maps created utilizing GPS and GIS technologies. From 2006 through 2009, conducted three-year, California red-legged frog surveys requiring USFWS permit coordination in support of the City’s on-going damage repair project, and was lead author for all resultant biological reports.

Union Pacific Railroad, Parsons Slough Rail Bridge Replacement Project, CEQA Compliance, Natural Resource Permitting and Biological Surveys, Monterey County Mr. Goggin, while working with MACTEC, served as the lead biologist for a complex project involving the replacement of a Union Pacific Railroad timber bridge at Parsons Slough in Monterey County. The project site was located within the extremely sensitive Elkhorn Slough National Estuary Research Reserve, one of 26 National Estuarine Research Reserves established nationwide, and also borders Monterey Bay National Marine Sanctuary. The project required more than two years of extensive coordination with numerous federal, state and local agencies. Duties included preparation of environmental documentation, characterizing plant communities, inventory of plant species, conducting wetland delineation of the project site, conducting focused biological surveys for breeding birds and California red-legged frog, construction monitoring, video wildlife monitoring and the preparation of a Draft Habitat Conservation Plan report.

emc planning group inc. 13 South Stockton Aqueduct Project, Stockton, San Joaquin County Mr. Goggin, while working with Kleinfelder, served as the lead project biologist on this large, fast-moving, uniquely challenging municipal waterline infrastructure development project in southeastern Stockton, San Joaquin County. Prior to project start-up, Mr. Goggin was approved by the CDFG and the USFWS to serve as the lead project biologist. He provided special status species monitoring and biological oversight for state and federally listed species, including: giant garter snake, Califor- nia red-legged frog, Swainson’s hawk and burrowing owl. He conducted pre-con- struction presence absence surveys for several threatened and endangered species and wrote resultant biological findings reports, and submitted same to appropriate regulatory agencies to gain project approvals within a condensed timeframe.

Once project implementation had begun, periodic site monitoring was instituted in order to comply with required environmental permits. As a component to the required species monitoring, Mr. Goggin conducted sensitive species awareness training for construction personnel. On two separate occasions involving special status species observations in proximity to the project site, Mr. Goggin contacted the local CDFG warden in order to resolve biological issues that had the potential to impact the project’s schedule, including the discovery of nesting raptors (birds of prey) within the project right-of-way. Fiber optic camera technology and a platform lift were utilized during construction to determine if nesting raptors were present. On both occasions, CDFG’s local warden expressed high confidence in Mr. Goggin’s biological judgments and submitted a letter of appreciation to the City of Stockton, thanking him for his diligence and concern for the protection of special status wildlife species. This strong relationship facilitated cooperation among individual stakeholders and allowed the project to move forward without major delays or lengthy agency reviews.

Environmental Compliance Document Sections

Pajaro Valley Golf Course Expansion and Subdivision EIR, County of Monterey The proposed project is the expansion of the Pajaro Valley Golf Course from 18 to 27 holes, expansion of the clubhouse, subdivision of 90 single-family lots, and development of 84 townhouses. General plan land use amendments would change several areas of Resource Conservation to residential designations, and result in the

14 ecological and biological consulting services distribution of housing throughout the site rather than concentrated in primarily one area under existing land use designations. Major environmental issues being studied include hydrology, biological resources, noise, geology and soils, traffic, and aesthetics. The project site is near Elkhorn Slough in north Monterey County, which has significant biological, groundwater overdraft and traffic congestion issues.

Issues of biological concern include habitat for endangered species such as the California red-legged frog and Environmentally Sensitive Habitat Areas (ESHA), such as riparian, wetland, and tidal marsh communities. EMC Planning Group is in the process of working with the applicant and their biologist to reach agreement on the appropriate mitigation scenario.

The Lakes EIR, City of Los Banos EMC Planning Group prepared an EIR for the 152-acre Lakes Planned Development project north of the City of Los Banos. The proposed project includes residential, commercial, and recreational uses, including a 37-acre man-made lake and marina. The environmental analysis focused on the following issues: loss of important farmland, air quality, sensitive biological resources, water quality issues associated with the lake, noise, student generation and impact on public schools, and traffic.

As part of the EIR process, EMC Planning Group conducted and incorporated a biological resources assessment for the project area into the document. The biological resources assessment included a database search for special status species with the potential to occur in the project vicinity, a reconnaissance-level field survey, mapping of potential habitat areas, an assessment of potential impacts as a result of the project, and mitigation measures designed to reduce the level of impact whenever possible. Special status species addressed in the EIR included Swainson’s hawk, burrowing owl, giant garter snake, San Joaquin kit fox, and protected bats.

Mesa Ridge Subdivision EIR, City of Gilroy EMC Planning Group prepared this EIR for the City of Gilroy for the proposed subdivision of 19.2 acres for development of 60 single-family homes. The project includes development of residential lots ranging from 6,105 to 15,080 square feet, 2.3 acres of linear-shaped private open space on the northeast boundary as a buffer

emc planning group inc. 15 to the Farman Canyon Creek, and 3.7 acres of private open space in the eastern end of the project site adjacent to Miller Avenue. The project site is located on the southwestern edge of the city boundaries on Miller Avenue near the intersection of Santa Teresa Boulevard and Thomas Road.

A California tiger salamander preserve, Farman Canyon Creek, Miller Avenue, the Eagle Ridge development emergency access road, and an orchard border the project site to the north and northwest; an approved 12-unit subdivision with a California tiger salamander preserve and two low-density residential parcels border the project site to the south and southeast.

Areas of controversy included the protection of California tiger salamander habitat on the project site and support for conservation efforts of neighboring landowners, protection of potential California red-legged frog habitat and migration corridors, and including support for efforts of neighboring landowners.

The EIR addressed impacts to habitat for California red-legged frog, California tiger salamander, burrowing owl, loggerhead shrike and nesting raptors, riparian woodland habitat, wetlands, wildlife movement, and consistency with general plan policies protecting wildlife and wildlife habitat. Mitigation measures/alternatives were developed and included in the EIR.

California Army National Guard, Camp Roberts and Camp San Luis Obispo, On Call Environmental Services Contract and CEQA Compliance Support, Monterey and San Luis Obispo Counties Mr. Goggin, while working with Kleinfelder, served as the primary consulting biologist responsible for environmental program support oversight on a two-year on-call environmental services contract at California Army National Guards’ Camp Roberts and Camp San Luis Obispo training facilities. Mr. Goggin supported facility staff on various large environmental compliance efforts including the facilities on- going threatened and endangered species management and monitoring program, general, non-specific natural resources management support activity and facilities Integrated Training and Management (ITAM) Program. He conducted protocol- level, facility management surveys for the San Joaquin kit fox, California red-legged

16 ecological and biological consulting services frog, California tiger salamander, American badger, special- status terrestrial invertebrates and performed special status bat habitat assessment and clearance surveys for approximately 100 World War II-era barracks scheduled for demolition in compliance with CEQA and NEPA. At Camp Roberts a facility-wide wetland delineation was conducted in support of revisions to the interpretation of Section 404 Clean water Act wetland regulations resulting from a Supreme Court case. Mr. Goggin prepared resultant biological reports and co-managed the overall project.

Tracy Peaker Power Plant, GWF Power, CEQA Compliance Monitoring, Tracy, San Joaquin County Mr. Goggin, while working with MACTEC, served as the project’s primary biological compliance monitor approved by California Energy Commission, CDFG and USFWS. As the project monitoring biologist he conducted biological oversight and review pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) for this joint federal and private energy infrastructure project. Mr. Goggin performed baseline environmental assessments and pre-construction biological surveys, as well conducted biological inspections to ensure regular biological permit compliance, generated monthly environmental reports and assisted the client with permitting responsibilities.

Wetland Assessments and Delineations

Creekbridge II, Salinas Wetland Delineation EMC Planning Group conducted a formal wetland delineation of Gabilan Creek and Natividad Creek for a project in Salinas, Monterey County. Mapping and report documentation followed the guidance contained in the Corps of Engineers Wetland Delineation Manual (Department of the Army Environmental Laboratory 1987). Data points and boundaries were recorded during the field investigation using a GPS receiver with sub-meter accuracy and mapped on a two-foot resolution aerial photograph. The areas of potential jurisdictional wetlands, extent of

emc planning group inc. 17 potential jurisdictional waters, and extent of riparian vegetation were calculated using ArcGIS software. The delineation was subsequently submitted to the Army Corps of Engineers for verification, and after a site visit with the Corps representative, the jurisdictional determination was granted with no changes requested of the original delineation document.

South County Regional Wastewater Authority Pajaro River Outfall Environmental Compliance and Regulatory Permitting Support EMC Planning Group prepared a Mitigated Negative Declaration (CEQA), biological resources assessment, wetland delineation, Vegetation Mitigation and Monitoring Plan, and Nationwide Permit application for construction of an outfall to the Pajaro River in Santa Clara County. Special status species potentially affected by the proposed project included California red-legged frog, steelhead, Monterey roach, and Least Bell’s vireo. Section 7 consultation was initiated with the Army Corps of Engineers acting as the lead agency to U.S. Fish and Wildlife Service and National Marine Fisheries Service and final permit requirements will be determined through the informal consultation process.

State Route 68/Ragsdale Road Wetland Mitigation Plan and Monitoring, City of Monterey EMC Planning Group conducted a wetland delineation and prepared a wetland mitigation plan, as mitigation implementation for the Fort Ord Transportation Network Elements and State Route 68 Improvements EIR/EA. The firm prepared the plan for the City of Monterey and coordinated with responsible agencies (Caltrans, Army Corp of Engineers, Regional Water Quality Control Board) for approval and implementation of the plan. EMC continues to provide monitoring activities for the City of Monterey.

18 ecological and biological consulting services Fort Ord Habitat Management Plan, Natural Resource Permitting and CEQA Compliance, Monterey County Mr. Goggin, while working with MACTEC, served as project biologist and managed production of the facilities annual monitoring and restoration report for wetland restoration, biological and annual vegetation monitoring field survey efforts on a five year, environmental contract at the former Fort Ord Army Base. He provided technical oversight of several on-going natural resource studies ranging from focused flora surveys for rare plants to monitoring restored wetlands; performed evasive plant species control and conducted management surveys for threatened species in support of facilities control burn program.

SFO/Bay Area Rapid Transit (BART) Expansion Project, Wetland Restoration Biologist, Millbrae Working in a sub-consultant role prior to joining EMC Planning Group, Mr. Goggin performed jurisdictional wetland delineation and co-authored resultant wetland restoration report for the project’s wetland impacts within USACE-jurisdictional wetlands. Wetland restoration document was submitted and accepted by rel- evant trustee/responsible agencies for determining appropriate miti- gation amounts regarding project impacts.

Special Status Species Surveys

Blodgett Property California Red-legged Frog and California Tiger Salamander Protocol-level Surveys, San Benito County EMC Planning Group conducted protocol-level surveys for the California red-legged frog and California tiger salamander with a local species expert at a project site in San Benito County. The firm performed daytime and nighttime surveys for California red-legged frog in accordance with the protocol recommended by the U.S. Fish

emc planning group inc. 19 and Wildlife Service’s February 1997 Guidance on Site Assessment and Field Surveys for California Red-legged Frogs (Rana aurora draytonii). Three aquatic surveys for California tiger salamander larvae and a winter pitfall trapping study for California tiger salamander adults were conducted the first year and three aquatic surveys were conducted the second year, according to the protocol recommended by the U. S. Fish and Wildlife Service’s October 2003 Interim Guidance on Site Assessment and Field Surveys for Determining Presence or Negative Finding of the California Tiger Salamander. The results of the surveys were subsequently verified by the U.S. Fish and Wildlife Service.

UC MBEST West Center/Central Campus Subdivision Rare Plant Surveys, UC MBEST EMC Planning Group conducted focused field investigations on a 132-acre site to conclusively determine the presence or absence of special-status annual plant species on the project site and to quantitatively determine the area occupied by individuals of each species. Work also included consultation with the U.S. Fish and Wildlife Service, California Department of Fish and Game and other resource agencies to determine special-status species potentially occurring on the project site. A report was prepared including the results of the findings of the field investigation, impact analysis and mitigation requirements, and required permits.

Scenic Road Emergency Bank Stabilization Biological Services, Monterey County Public Works Department EMC Planning Group provided biological services to the Monterey County Public Works Department associated with emergency bank stabilization measures at five locations along Scenic Road in Carmel. As part of the necessary approvals to implement the bank stabilization measures, the Monterey County Planning and Building Inspection Department requested that a biologist determine whether the proposed repairs would result in any significant disruption of habitat values. Tasks completed by EMC Planning Group included compiling and reviewing all available project information, including plan maps and project descriptions to define the scope of

20 ecological and biological consulting services the biological investigation; conducting a reconnaissance- level field survey of the project area in order to identify the vegetation types occurring in the project areas, and assess the potential for special-status species, sensitive habitats, or any other significant biological resources to occur in the project areas; and preparing a brief letter report describing existing conditions found in the project areas, and the occurrence of and/or potential for special-status species, including species listed by the USFWS as threatened or endangered, USFWS candidates for listing as threatened or endangered, species designated by USFWS as “Species of Concern,” species listed by the CDFG as threatened, endangered, or “Species of Special Concern,” and species included on California Native Plant Society Lists 1A, 1B, 2, 3, or 4. The report identified potential impacts to seacliff buckwheat plants, the hostplant for the endangered Smith’s blue butterfly, and provided recommendations to flag the plants to avoid any potential impacts. EMC Planning Group also implemented the recommended measures to avoid impacts to biological resources.

Environmental Regulations – Consultation Permitting, and Compliance

Fairview Corners Habitat Conservation Plan and Implementing Agreement EMC Planning Group is in the process of preparing a Habitat Conservation Plan (HCP) pursuant to the requirements of Section 10(a) of the federal Endangered Species Act (ESA) for a proposed community college and residential project in San Benito County, California. The HCP will provide the basis for issuance of a Section 10(a)(l)(B) incidental take permit to authorize incidental take of California tiger salamander (Ambystoma californiense) and San Joaquin kit fox (Vulpes macrotis mutica). Current tasks include identification of a suitable off-site habitat mitigation area, conducting surveys for California tiger salamander to determine presence or absence at the habitat mitigation area, and identifying potential actions that could improve habitat at the habitat mitigation area. Next steps include further consultation with the USFWS and CDFG regarding the mitigation strategy and replacement ratios and drafting the HCP and Implementing Agreement documents.

emc planning group inc. 21 Monterey Bay Shores Draft Habitat Conservation Plan and Implementing Agreement EMC Planning Group prepared a draft Habitat Conservation Plan (HCP) pursuant to the requirements of Section 10(a) of the federal Endangered Species Act (ESA) for a proposed resort in Sand City, Monterey County, California. The HCP provided a basis for issuance of a Section 10(a)(l)(B) incidental take permit to authorize incidental take of Smith’s blue butterfly (Euphilotes enoptes smithi), a federally-listed endangered animal species, western snowy plover (Charadrius alexandrinus nivosus), a federally-listed threatened animal species, and Monterey spineflower (Chorizanthe pungens), a federally-listed threatened plant species. Goals of the HCP included authorization for the take of specified covered species, providing for a conservation strategy that meets the requirements of the federal Coastal Zone Management Act, the California Coastal Act, and the City of Sand City Local Coastal Program, and preparation and implementation of a Management Program focusing on adaptive management to ensure the protection of the covered species.

Fox Hills Community Specific Plan Update and CEQA Compliance EMC Planning Group prepared the Fox Hills Community Specific Plan Update and Environmental Impact Report for the Fox Hills Development Company. The Plan Update boundary included approximately 1,250 acres of mostly agricultural land in the lower foothills of the Diablo Mountain Range in southwestern Merced County. Key plan and project level issues included circulation, wastewater treatment, water supply and treatment, air quality, noise, and agricultural and biological resources. EMC Planning Group prepared a biological resources assessment for the Plan Update area. The Plan Update area is within the known range for the San Joaquin kit fox, a federally listed species. Negotiations with the U.S. Fish and Wildlife Service have identified locations within the Plan Update boundary for habitat corridors as well as locations for offsite mitigation. Section 7 consultation has been initiated with the Bureau of Reclamation acting as the lead agency to U.S. Fish and Wildlife Service and final permit requirements will be determined through the informal consultation process.

22 ecological and biological consulting services Monterey Peninsula College New Lecture Forum Footbridge Streambed Alteration Agreement and Compliance EMC Planning Group obtained a Streambed Alteration Agreement in compliance with California Fish and Game Code Section 1600 et. seq. for Monterey Peninsula College. Tasks included coordination with the California Department of Fish and Game, preparation of a Vegetation Mitigation and Monitoring Plan, preconstruction surveys, worker orientation meetings and monitoring of work performed within the stream corridor.

Village Ranch and Carmel Valley Investors Streambed Alteration Agreement, Village Ranch LLC EMC Planning Group consulted with the California Department of Fish and Game to determine requirements for a Streambed Alteration Agreement under California Fish and Game Code Section 1600 et seq. Work included preparation of required application materials, maps and habitat mitigation requirements, and coordination with the California Department of Fish and Game to obtain the Streambed Alteration Agreement. As part of the application, EMC Planning Group prepared a Habitat Mitigation Plan, including assessment of habitat replacement or restoration required to mitigate impacts and monitoring requirements to ensure success of habitat mitigation. Additional tasks included compliance with the final permit and Habitat Mitigation Plan measures.

Construction and Mitigation Monitoring

Crandall Creek Preconstruction Surveys, City of Monterey Public Works Department (2004) The project site was along Crandall Creek in a residential area near Toyon Avenue in Monterey, California. The City of Monterey Department of Public Works proposed to modify the drainage of the creek to avoid impacts from storm water runoff causing channeling and erosion near the existing houses. As part of the biological resources evaluation section of the initial study for the proposed project, the following special status species were identified as having the potential to occur in the project vicinity: pallid bat (Antozous pallidus), a California Department of Fish and Game species of special concern, Western mastiff-bat (Eumops perotis californicus), a U.S. Fish

emc planning group inc. 23 and Wildlife Service and California Department of Fish and Game species of concern, and nesting raptors, protected by the California Department of Fish and Game. EMC Planning Group acted as the qualified biologist and performed preconstruction surveys for both roosting bats and nesting raptors in compliance with the mitigation measures listed in the mitigated negative declaration.

Fort Ord Transportation Network Elements Wetland Mitigation Plan and Monitoring, City of Monterey (in progress) EMC Planning Group conducted a wetland delineation and prepared a wetland mitigation plan to accommodate construction of the Fort Ord Transportation Network Elements and State Route 68 Improvements project. The firm prepared the plan for the City of Monterey Department of Public Works and coordinated with responsible agencies (Caltrans, Army Corp of Engineers, Regional Water Quality Control Board) for approval and implementation of the plan. EMC Planning Group continues to provide monitoring activities in support of the wetland mitigation plan for the City of Monterey.

Marina Heights Subdivision Biological Resource Monitoring, City of Marina EMC Planning Group provided biological resource monitoring for the black legless lizard, a federal species of concern and a state special of special concern, during construction activities. Compliance required daily monitoring of construction activities, capture and recovery of disturbed individuals, relocation to adjacent protected habitat, and reporting to the appropriate agencies. Pre-construction worker- orientation meetings were held as necessary.

Arboleda Preconstruction Biological Surveys, King City This project includes a residential subdivision of approximately 118 acres in King City, California. Preconstruction surveys for burrowing owl, San Joaquin kit fox, and nesting migratory birds were required prior to the initiation of grading. In addition to surveys, a preconstruction notification meeting was conducted to notify workers

24 ecological and biological consulting services at the site of the potential for animals to occur in the project area, the status of protected species, and mitigation measures agreed to in the environmental document and subsequent meetings, including measures from the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance, USFWS 1999.

Port of Stockton Expressway Expansion Project, Rough and Ready Island, San Joaquin County Mr. Goggin, while working with Kleinfelder, served as a CDFG and USFWS- approved mitigation monitoring biologist on a 1.5-mile road expansion project located at the Port of Stockton, in western San Joaquin County. He conducted pre-construction special status species surveys and biological compliance monitoring for several state and federal special status species during the projects six month implementation, including surveys for Swainson’s hawk, valley elderberry longhorn beetle, giant garter snake and western burrowing owl. An on-site environmental awareness program was developed for training construction personnel on special status species with the potential to occur on-site.

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26 ecological and biological consulting services 3.0 EMC Planning Group Staff

Bill Goggin, Biologist/Senior Planner

Mr. Goggin joined the firm in 2010. He graduated from Humbolt State University with a degree in Environmental Wildlife Management and has over 17 years of professional consulting experience, including advanced ecological studies, planning and associated regulatory compliance support. At EMC Planning Group, Mr. Goggin is responsible for performing biological assessments, botanical surveys, jurisdictional wetland delineations, data analysis, and general biological report preparation in support of management agreements, permits, and mitigation monitoring. He assists clients in complying with the federal and state Endangered Species Acts’, Section 404 of the Clean Water Act, California Department of Fish and Game Code and other local (county and/or city) regulations. He is well versed in the preparation of complex environmental documents in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).

Mr. Goggin’s comprehensive environmental consulting experience includes: client development, project management, as well as extensive field experience, having literally performed hundreds of ecological investigations in California over the past 17 years. Mr. Goggin has extensive agency coordination and regulatory permit preparation experience and has completed numerous successful U.S. Army Corps of Engineers wetland delineations. He has also prepared and processed creek protection permits and biological and sensitive species habitat assessments, pursuant to Section 7 Consultation with the U. S. Fish and Wildlife Service. Mr. Goggin has worked on numerous large projects throughout the Pacific region, most recently in the San Francisco Bay Area, Central Valley, and California Coast.

emc planning group inc. 27 Janet Ilse, Biologist/Senior Planner

Ms. Ilse joined the firm in 2003. She holds a Bachelor of Science degree in Ecology and Systematic Biology from California Polytechnic State University San Luis Obispo and is in the process of completing her thesis research for a Masters of Science in Coastal Watershed Science and Policy from California State University Monterey Bay. She is responsible for performing botanical and wildlife surveys, data analysis, and reports preparation in support of management agreements, permits, and mitigation monitoring. She assists clients in complying with the Federal and California Endangered Species Acts (FESA and CESA), Section 404 of the Clean Water Act, California Fish and Game Code, and local (county and/or city) regulations. Ms. Ilse is also responsible for the research, preparation, and production of environmental documents in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA). She produces a variety of graphics for use in environmental and natural resources documents. Ms. Ilse primarily utilizes the following software: Pathfinder (for collection of GPS data), ArcGIS, AutoCAD, and Adobe Illustrator/Photoshop.

Prior to joining EMC Planning Group, Ms. Ilse was employed at the Bureau of Land Management (BLM) as a Biological Science Technician at Fort Ord, California and at ENSR International (an environmental consulting firm) as a biologist / environmental scientist. At BLM, Ms. Ilse was responsible for special-status species identification, collection of Global Positioning System (GPS) data for the purpose of monitoring both native and non-native species using Geographical Information Software (GIS), reporting, and exotic species identification and abatement. At ENSR, Ms. Ilse performed biological surveys, coordinated biological resource permits, developed CEQA/NEPA documents, and assisted in preparing California Energy Commission Applications for Certification for four major power plant projects in California.

Ms. Ilse completed a 40-hour wetland delineation course and is a member of the Society of Wetland Scientists.

28 ecological and biological consulting services Christine Bradley, Biological Field Technician/ Associate Planner

Ms. Bradley joined the firm in 2006. Her responsibilities include the research, preparation, and production of environmental documents in compliance with the California Environmental Quality Act (CEQA), the National Environmental Quality Act (NEPA), and the Clean Water Act (CWA). She has assisted with the research and writing of biological resources sections for inclusion in environmental documents. She has also assisted on wetland delineations and botanic surveys, and has conducted biological construction monitoring to ensure that mitigation measures are being properly implemented.

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30 ecological and biological consulting services