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 SCIENTIFIC & REGULATORY SERVICES, INC.

North Star Water Treatment Facility Biological Inventory Report and Habitat Management Plan

Prepared by:

EcoSynthesis Scientific & Regulatory Services, Inc.

Prepared for:

Worthington Miller Environmental LLC

Date:

December 19, 2014

16173 Lancaster Place, Truckee, CA 96161 • Telephone: 530.582.6812 • E-mail: [email protected] EcoSynthesis scientific & regulatory services, inc.

Table of Contents 1 Summary ...... 1 1.1 Summary of Results ...... 1 1.2 Certification ...... 1 2 Introduction ...... 2 2.1 Contact Information ...... 2 2.2 Site and Survey Details ...... 2 2.3 Setting ...... 4 3 Methods ...... 5 3.1 Background Information ...... 5 3.2 Field Survey ...... 5 3.3 Mapping ...... 5 3.4 Investigator Qualifications ...... 6 4 Results ...... 7 4.1 Upland Habitats ...... 8 4.2 Wetlands and Other Waters ...... 9 4.3 Soils ...... 12 4.4 Special Status Species ...... 13 4.5 Deer ...... 19 5 Impact Assessment and Mitigation ...... 20 5.1 Project Description ...... 20 5.2 Potential Impacts ...... 20 5.3 Other Regulatory Consistency ...... 26 6 Habitat Management Plan ...... 28 6.1 Temporary Sediment Controls ...... 28 6.2 Revegetation (Permanent BMP) ...... 29 6.3 Discharge of Treated Water ...... 31 7 References ...... 33

Figures Figure 1. Location map ...... 3 Figure 2. Biological inventory habitat map ...... separate sheet inside back cover

Tables Table 1. Plant species commonly found on the project site ...... 7 Table 2. Special-status species recorded in the CNDDB from project region ...... 14

Appendices Appendix A. Species observed on the project site. Appendix B. Element list from CNDDB query.

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1 SUMMARY

1.1 Summary of Results The study site is mostly Ponderosa Pine Woodland with lesser acreages of Annual Grassland/Ruderal (disturbed) areas and several types of riverine and wetland habitat. The site was subject to mining disturbance at various times in the past but is currently undeveloped. Soils are mostly extremely rocky and the terrain varies from level to very steeply sloping. The Project Area (Area) abuts and includes part of Wolf Creek, a perennial tributary of Bear Creek and the Sacramento River. Several unnamed perennial and seasonal tributaries of Wolf Creek occur within the Area. Two perennial ponds also occur within the site, along with Freshwater Emergent Wetlands and Foothill Riparian habitat (mostly wetland, but also including a small area of non- wetland riparian habitat). Finally, seasonal seeps support several features that do not correspond well to standard wetland types and are identified here as Mixed Fen Wetlands. Habitat that is potentially suitable for several special-status wildlife and plant species is present. Target surveys were not performed for any special-status wildlife species, but a floristic rare plant survey was performed, and no special-status plant species were found.

1.2 Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this biological evaluation, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Investigator:

Date: December 19, 2014

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2 INTRODUCTION

2.1 Contact Information Owner: New Verde Mines LLC 5326 Uranium City Road Ford, WA 99013 Contact: Bill Lyle Telephone: (509) 258-4511 E-mail: [email protected]

Project Engineer: Worthington Miller Environmental LLC 201 Linden Street, Suite 301 Fort Collins, CO 80524 Contact: Todd Hepworth, P.E. Telephone: (970) 672-8770

Biologist: EcoSynthesis Scientific & Regulatory Services, Inc. 16173 Lancaster Place Truckee, CA 96161 Contact: Adrian Juncosa Telephone: (530) 582-6812

2.2 Site and Survey Details Project name: North Star Water Treatment Facility APN: Portions of 29-290-26, 29-350-03, 29-350-16, 22-120-28, 22-160-27, 29-350-04, and 22-120-35 Area: 70.3 acres Location: Sections 2 and 3, T. 15 N, R. 8 E and Section 34, T. 16 N, R. 8 E (USGS Grass Valley quadrangle). Area is along Alison Ranch Road south of the City of Grass Valley wastewater treatment facility and on the west side of Wolf Creek (see Figure 1). Survey dates: May 7, 9, 10, 13, 15, 18, and July 10, 2013; January 13, 19, and April 14, 2014 Report date: December 19, 2014

North Star Water Treatment Facility Biological Inventory 2 STUDY AREA BOUNDARY

PROPOSED NORTH STAR WATER TREATMENT FACILITY

NORTH

WORTHINGTON FIGURE 1 Date: DECEMBER 2014 MILLER VICINITY MAP Project: NORTH STAR ENVIRONMENTAL, LLC. NORTH STAR WATER TREATMENT FACILITY File: FIG-VICINITY EcoSynthesis scientific & regulatory services, inc.

2.3 Setting The Area lies in Section 3, T. 15 N, R. 8 E and Section 34, T. 16 N, R. 8 E (USGS Grass Valley quadrangle), south of the Highway 49/Highway 20 interchange. Most of the Area lies between Allison Ranch Road and Wolf Creek, with a small portion to the west of the road. The elevation of the site varies from approximately 2,200 to 2,400 feet and the predominant vegetation is Mixed Conifer Forest dominated by ponderosa pine and incense cedar. The local setting of the Area is mostly undeveloped, with a wastewater treatment plant on the north end of the site and occupied residential parcels adjoining the eastern and southern parts of the site. The Area itself has been subject to diverse mining activities since the 19th century, and some mining-related features remain, as well as a few unpaved roads, culverts, and power poles. The Area lies in the Sierra Nevada ecoregion (Level III), Northern Sierra Lower Montane Forests (Level IV), within the lowest zone of coniferous-dominated forest in the northern Sierra Nevada. However, even the Level IV regions are very broad biological cagetories encompassing much too great a diversity of species and ecological processes to be useful for environmental review of individual small project area. Further discussion of habitat mapping is provided under Methods, below.

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3 METHODS

3.1 Background Information The California Natural Diversity Data Base (CNDDB) was queried at the beginning of the project and again in December 2014 to create a list of species of concern that occur in any of the nine USGS quadrangles centered on the Area. Soil survey information was obtained via the SoilWeb plug-in to Google Earth, from the Natural Resources Conservation Service (NRCS) Web Soil Survey application, and from the published soil survey (Brittan, 1975).

3.2 Field Survey The Area was first walked to outline the habitats that occur and to locate any unusual habitat types or elements, such as outcrops, areas of peculiar vegetation suggestive of serpentine or other soils that might support special-status plant species, or wetlands. Particular attention was paid to areas that provide suitable habitat for one or another special-status plant species: wet areas, openings, rocky substrates. These suitable habitat areas were traversed by closely spaced transects (maximum 10-30 feet apart). Accordingly, the site survey included a sufficiently thorough field survey to determine the presence/absence of any special-status plant species, whether recorded from nearby quadrangles by the CNDDB or not. All plant species present were identified by sight or by reference to Baldwin et al. (2013), and were noted on a checklist of the local flora. In contrast to the comprehensive floristic botanical survey, wildlife observations were opportunistic only and were not intended to be a comprehensive wildlife survey of the study area. Birds were identified by sight, calls or song, or fallen feathers. Identifications and nomenclature follows that used in Sibley (2000). Mammals were identified by direct observation or by definitive sign (scat, tracks, marks on vegetation, or characteristic burrows). The Area was studied on many dates in 2013 and 2014, including dates within the blooming time for the special-status plant species that have the potential to occur. A total of approximately 90 biologist-hours were spent on botanical survey, wetland delineation, and general biological reconnaissance.

3.3 Mapping Wetland and Riverine polygons were flagged with pin flags and survey tape, and these boundary points were surveyed by Dundas & Dundas by means of a total station and imported into AutoCAD. Locations where dense blackberry vegetation made it difficult to understand the sequence of boundary points were field checked to correct portions of the AutoCAD boundary. Upland habitat boundaries were drawn digitally on the project base map by referring to field notes, site topography and surveyed landmarks, and the aerial photograph.

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3.4 Investigator Qualifications The Area was studied and this report written by Adrian M. Juncosa, Ph.D. (Botany; Duke University), CPESC # 5085(Envirocert). EcoSynthesis holds an active California contractor’s license (# 937656; C-27 [landscape]). Since 1988, he has completed over 150 botanical, nesting bird, habitat mapping, and general biological surveys; wetland delineations; revegetation and erosion control design and implementation; impact analyses; mitigation; and monitoring projects in central and northern California, with particular expertise in the foothills and montane Sierra Nevada, where he has been based since 1995.

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4 RESULTS Terrestrial and aquatic communities that are found within the Area are depicted in Figure 2 (map pocket inside back cover). Appendix A includes a list of 144 plants and 15 vertebrates that were observed directly or by sign. Common species that are mentioned in the text are identified below in Table 1. Plant communities are identified first under headings corresponding to the habitat types identified in the Nevada County Natural Resources Report (NCNRR), then under subheadings for vegetation types described in the Manual of California Vegetation, 2nd edition (Sawyer et al., 2009; abbreviated MCV2 in this report). In some cases, there is a one-to-one correspondence between the NCNRR and the MCV2 names (for the vegetation occurring within this site; not necessarily true elsewhere). In others, a single NCNRR type includes more than one MCV2 alliance.

Table 1. Common species on the North Star Water Treatment System Project Area, listed in alphabetical order by common name. Complete species list for the site is included in Appendix A.

Common Name Scientific Name Notes Armenian blackberry Rubus armeniacus Formerly “Himalayan” blackberry. arroyo willow Salix lasiolepis big-leaf maple Acer macrophyllum Scotch broom Cytisus scoparius California black oak Quercus kelloggii canyon live oak Quercus chrysolepis cat-tails Typha spp. Douglas-fir Pseudotsuga menziesii hoary coffeeberry Frangula tomentella incense cedar Calocedrus decurrens madrone Arbutus menziesii poison oak Toxicodendron diversilobum ponderosa pine Pinus ponderosa rush Juncus spp. slender sedge Carex gracilior small-fruited bulrush Scirpus microcarpus tree-of-heaven Ailanthus altissima white alder Alnus rhombifolia whiteleaf manzanita Arctostaphylos viscida

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4.1 Upland Habitats PONDEROSA PINE WOODLAND MCV2: Pinus ponderosa-Calocedrus decurrens Forest Alliance (Mixed Conifer Forest) The most extensive vegetation type by far on the site, covering 63.7 acres (minus a small, undetermined acreage of Urban land cover), is Ponderosa Pine Woodland, which on the Area has a canopy almost exclusively comprised mainly of ponderosa pine with a small and variable proportion of incense cedar and California black oak. Douglas-firs and madrones are present but relatively rare. Species composition of the tree stratum varies somewhat without deviating outside the MCV2 “membership rules” for this vegetation type. Forest on steeper slopes, specifically immediately above and below Allison Ranch Road, includes canyon live oak as well. In areas close to Wolf Creek, individuals of several common woody riparian species occur as a non-dominant part of the canopy: box-elder, white alder, and California walnut. Understory is highly variable throughout the forest depending on microsite. Some of the area has sufficiently dense tree canopy that there is very little by way of shrub or herbaceous layer. The predominant native understory species are whiteleaf manzanita, hoary coffeeberry, and poison oak. Non-native species are also common, including Armenian blackberry, Scotch broom, and tree- of-heaven. Snags and obvious tree cavities are relatively scarce within the Area. The relative absence of moribund trees or large oaks suggests that the Mixed Conifer Forest is secondary forest in mid- seral stage development.

ANNUAL GRASSLAND/RUDERAL MCV2: Does not correspond to any single type. Best correspondence with Bromus (diandrus, hordeaceus)-Brachypodium distachyon Semi-Natural Herbaceous Stands (Annual Brome Grasslands), but some areas are not dominated by grass. This plant community type covers 2.7 acres and occurs in areas that appear to have been graded in the past. The largest disturbed location within the Area is at the location of the former aggregate processing plant. It supports scanty vegetation of mostly non-native forbs such as plantain and cat’s-ear, and some small Mediterranean grasses. Waste rock piles west of Allison Ranch Road support ripgut brome, tarweed, and foxtail fescue. The disturbed areas along the internal road that was improved to provide a bypass around the Allison Ranch Road slide are vegetated by several common erosion control species such as fescue and Lewis’s flax.

BLACKBERRY MCV2: Rubus armeniacus Semi-Natural Shrubland Stands (Himalayan Black Berry Brambles) There is no NCNRR cover type corresponding to this near-monoculture of non-native blackberry vegetation, which covers 0.24 acre within the Area. The species is also a substantial component of

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understory vegetation within Riparian Wetland and along edges of Mixed Conifer Forest, but where there is no forest canopy, it was mapped as a distinct shrub-dominated plant community.

FOOTHILL RIPARIAN MCV2: Acer macrophyllum Forest Alliance (Bigleaf Maple Forest) Most of the woody riparian vegetation on the North Star Area met all three of the mandatory wetland criteria and was therefore categorized as Riparian Wetland (discussed below). However, one area of 0.12 acre of riparian vegetation surrounding the lower part of a perennial tributary was most upland but with a canopy of mostly big-leaf maple and some white alder, along with ponderosa pine. Portions of the mapped ponds and Freshwater Emergent Wetlands support small, discontinuous patches of riparian tree species both within and outside the wetland boundaries, but not in patches of sufficient size that they could be mapped as distinct from the wetland features.

OAK TREES AND GROVES No areas of vegetation dominated by oak trees were found in the Area, and no areas of the Pondera Pine Forest support anywhere near a 30 percent canopy of oak species. Therefore, there are no landmark oak groves in the Area. There are also no individual landmark oak trees.

4.2 Wetlands and Other Waters

Wetlands FOOTHILL RIPARIAN WETLAND MCV2: Alnus rhombifolia Forest Alliance (White Alder Groves) Salix lasiolepis Shrubland Alliance (Arroyo Willow Thickets)

Riparian Wetland occurs in two places within the Area, totaling 0.49 acre. The more northerly one (RW-1) is composed primarily of white alder, whereas the more southerly one (RW-2) is dominated primarily by arroyo willow. Occasional trees of bigleaf maple and red willow occur in both areas. All of the riparian wetland vegetation includes a very vigorous understory of Himalayan blackberry, and, where the canopy is not fully closed, may also support emergent wetland species such as smartweed or mint. As for the Mixed Conifer Forest, the Riparian Wetland vegetation was judged to be in a well- developed but middle seral stage of ecological succession. No particularly large riparian trees were seen, but the canopy is fully closed and species composition seems stable; recruitment of new individuals is minimal to zero. The areas dominated by arroyo willow have long-seasonal surface flow and/or near-surface saturation, but do become dry (or at least, merely moist rather than saturated) late in the summer or in early fall, prior to the onset of the rainy season. The areas dominated by alder have perennial surface water within or very nearby to the wetland boundary (that is, accessible to the riparian

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species’ roots). Hydrologic support in different parts of the Riparian Wetland may be primarily groundwater, primarily surface flows and incident precipitation, or some combination of both.

FRESHWATER EMERGENT WETLANDS Two areas of Freshwater Emergent Wetlands, a total of 0.55 acre, occur on the site. Nearly all the vegetation in these wetlands is strongly hydrophytic (mostly obligate, some facultative-wetland species), consisting of cat-tails (at least two species of Typha), small-fruited bulrush, rushes (seven species of Juncus), spike-rush, sedges (three species of Carex plus Cyperus eragrostis), other graminoids, and willow-herbs. These areas are shallowly ponded (depth of inches up to one or two feet maximum) throughout the winter and summer, and lose their surface water but remain saturated the remainder of the year.

MIXED FEN WETLANDS MCV2: No equivalent The three areas identified as Mixed Fen Wetlands, a combined area of 0.1 acre, are seep-supported wetlands vegetated by a mixture of freshwater emergent species such as small-fruited bulrush and rushes, and more typically riparian species such as chain fern and scattered small individuals of arroyo willow. They are identified as “fen” wetlands because their hydrologic support is unequivocally exclusively from groundwater, though all on site wetlands and some of the other waters are also largely or entirely supported by groundwater. The Mixed Fen Wetlands mapped on the present Area are not long-standing, perennial, high-value communities as might be suggested by the use of the word. On the contrary, at least one of the features, and possibly all of them, are relatively recent consequences of regional landslides or small slumps, which altered subsurface flows. In the course of the Area surveys, several other suspected seeps or springs in the north-central part of the Area were also examined, but none exhibited any of the three mandatory wetland criteria, so there was no wetland or other water to be mapped. However, the occurrence of occasional moribund or dead individuals of strongly hydrophytic plant species is indicative of periodic changes in soil moisture regime. One of the three Mixed Fen Wetlands (MFW-2) exhibits water quality indications of probable hydrologic connection with the abandoned mine tunnel which conducts the water that emerges as the “adit” and “pipe culvert” features (PT-10 and PT-11, respectively). The others appear to be supported by hillside groundwater.

Non-Wetland Waters PONDS Two perennial ponds occur within the Area, one near the wetlands in the center of the Area (PP-1, 0.17 acre), the other associated with the unnamed tributary in the southern part of the Area (PP-2, 0.03 acre). Their hydrologic support is not certain, but includes a combination of irrigation flows, natural runoff, and possibly some groundwater. Maximum depths exceed 5 feet in PP-1 and at least 3 feet in PP-2 (could be much greater).

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The large emergent wetland associated with the southern pond is functionally merely a shallower portion of the pond, but the vegetation cover is sufficient to categorize this area as wetland rather than a non-wetland water body. The vegetated shallower portion of the northern pond (PP-1), which supports primarily wide-leaved arrowleaf (Sagittaria latifolia), was mapped as part of the pond merely because it was not practical to define its boundary.

RIVERINE Total area of Riverine features within the Area is 2.1 acres, mostly within Wolf Creek, which is one of the major perennial creeks in the region. It has substantial perennial flow and a gradient of 2.7 percent. The river channel substrate is comprised primarily of bedrock, large boulders, and cobbles, with some small patches of coarse to fine gravel. Within the Area, the creek ends abruptly at the ordinary high water mark, with virtually no adjacent wetland floodplain. The lower part and western fork of the unnamed tributary of Wolf Creek (PT-8 and -9) are normally very long-seasonal or perennial, largely because any Nevada Irrigation District water that remains unused at the terminus of the Allison Ranch Canal on the west side of Allison Ranch Road then flows through a culvert and into the upper end of the west fork of the tributary. The District attempts to minimize the amount of excess irrigation water flow, but it is present for the duration of the irrigation season of approximately April through October. Since incident precipitation and some inflows from the watershed also flow down the Canal and tributary under normal rainy- season circumstances, there is non-District water flow also present during the months of October through May, either at intervals or continuously depending upon annual variations. The combination of water sources mean that this part of the tributary is properly considered to be perennial under normal circumstances. The gradient of the main stem of the tributary (PT-10 on the map) is about 10 percent at the lower end, where it enters the perennial pond, and about 1 percent further upstream. Most of this feature is a relatively narrow channel with very stable bed and banks, but there are wider portions that appear possibly to have been scoured out (considerably widened) during some recent high-flow event(s). In the narrow portions of the channel, the substrate is soil that contains a substantial proportion of rock; wider portions contain some cobble and gravel within the ordinary high water mark, including some sizeable cobble deposits (for a channel of this size) that are clearly the result of an extreme flow event but have remained stable subsequently. The west fork, between the culvert on site and the one under Allison Ranch Road (PT-11), has an extremely steep gradient of 12.3 percent but is also extremely (erosionally) stable, with no discernible evidence of lateral or vertical erosion. The southern perennial pond (PP-2) and associated Riparian and Freshwater Emergent Wetlands are connected to the perennial tributary by a segment of seasonal tributary. This feature certainly flows during the winter and springtime, but not during the summer and fall. It supports practically no plants, even scattered individuals, of hydrophytic species. Finally, there are two aquatic features that are the outflows from an old mine tunnel. Their vegetation cover is very low, so they are non-wetland waters, and they are both perennial and tributary to Wolf Creek, so they were mapped as perennial tributaries (PT-8 and -9).

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4.3 Soils The following soil series and map units cover most of the Area: Hoda sandy loam (5 to 9 percent and 9 to 15 percent slopes) Sites loam (2 to 9 percent and 15 to 30 percent slopes) Sites very stony loam (15 to 30 percent slopes) Small areas of Placer diggings, Musick-Rock outcrop, Alluvial land (loamy), and Josephine-Mariposa complex are found, almost exclusively in locations not within the Area footprint, or which are crossed by pipeline construction in an existing road right-of-way. The majority of the area where construction will occur is Hoda sandy loam. This soil typically consists of about 12 inches of sandy loam and an additional six inches of loam overlying a relatively thick layer of clay extending to about four feet in depth. Hoda soil is generally well drained with variable permeability. Hoda sandy loam is an Alfisol, which is a relatively highly weathered soil group that has a clay-rich horizon and high base saturation. Absent other limiting factors, Alfisols in general provide highly suitable material to support plant growth. If cohesiveness of the soil may be important for the stability of earthen berms, salvage of at least a portion of the clay horizon is recommended; however, sandy loam and loam salvaged from the upper portion of the profile is preferred for the top layer of areas that will be vegetated. Hoda sandy loam is a granodiorite-derived soil and would not be expected to support plant species that are characteristically found on serpentine, gabbro, or other ultramafic substrates. Sites loam and very stony loam are Ultisols, which is the most weathered Great Group of soils that occur in California, consequently nearly the entire soil profile is heavy loam to clay, and permeability of the most limiting layer is moderate to very slow. Most of the tributaries and wetlands on the site lie on or near Sites soils. Other than excavation and backfill for the installation of pipelines, no other project construction activities are proposed within Sites loams. Both Hoda sandy loam (5 to 9 percent slopes) and Sites loam (2 to 9 percent slopes) are listed by NRCS as soil map units that may meet the criteria for prime farmland as outlined in the USDA’s land inventory and monitoring program for the Nevada County area soil survey, subject to a qualification criterion related to rock content in the upper profile (less than 10 percent of the upper 6 inches consisting of rock fragments coarser than 3 inches). Actual designation as prime farmland in California requires the presence of irrigation as well as meeting the criteria. Field observations revealed piles of angular rocks in several places within the Area, not within mapped Placer diggings soils. These did not appear to be natural rock outcrops and were provisionally interpreted as being deposits of excavated materials or mined waste rock. Also, the topography of the southern part of the site, where treatment facilities are proposed to be located, is rather unnatural, and two large areas support grassland and weedy vegetation instead of the conifer forest that grows everywhere else around them. Accordingly, it is probable that the existing soil survey mapping does not accurately represent the actual soils that are present in this portion of the Area.

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4.4 Special Status Species The North Star Water Treatment System Area in the USGS Grass Valley quadrangle. The element list of species and natural communities that resulted from a CNDDB query for the nine quadrangles centered on Grass Valley is included in Appendix B. Information on regulatory status (if any), habitat requirements, and potential occurrence within the site is provided in Table 2. This information is a synthesis and distillation of CNDDB microhabitat descriptions, species descriptions in scientific references, and personal observation of occurrences of about half of the species. Additional detail to supplement Table 2 is provided below. For the purposes of this section, the term “species” is used for any taxon of concern, including those which are strictly speaking only subspecies. The term “regional” means within the nine-quadrangle query area. As is emphasized by the Biogeographic Data Branch of California Department of Fish and Wildlife (DFW), which maintains and provides the CNDDB, it is merely a tracking tool for reported occurrences and is neither comprehensive nor a substitute for knowledge of species of concern that may occur in a particular region even though no occurrences are yet recorded there. On the other hand, species that are tracked by the data base cannot automatically be judged to be rare, threatened, or endangered for the purposes of CEQA impact analysis. For one example, California Native Plant Society (CNPS) List 4 is a watch list of plants that are not currently rare or threatened but are being tracked in the event that their status changes in the future. Background information on such species is appropriately included in descriptions of existing conditions even if impacts on them might not be significant.

WILDLIFE Pacific fisher formerly occupied a range extending from the northwestern part of California all the way to the southern Sierra Nevada. Current information is that this range is no longer continuous, and in particular, that the species no longer occurs in western Nevada County (Zielinski, 1995). Sierra Nevada red fox: This native subspecies of the widespread species is not known to occur even as low as the one regional occurrence that is recorded (elevation 3,400 feet). The occurrence record casts significant doubt on whether the observation was of subsp. necator at all, largely due to the low elevation. The Area is a full 1,000 feet lower than that, and moreover there are no suitable meadows for foraging, so it is reasonable to conclude that there is no potential for occurrence of this taxon. California black rail: This species is known primarily from coastal or southern locations (extending to Arizona), but a concentration of disjunct occurrences is found in western Nevada County, with occurrences. It is a small and exceptionally secretive bird, essentially impossible to detect except by means of broadcast calls. It requires very dense vegetation cover for nesting and foraging and perennial but very shallow water, preferably <3 cm deep, that does not fluctuate very much in depth (Eddleman et al., 1994). The areal extent of suitable habitat at many occurrences is <0.75 acre (Tecklin, 1999). Most of the regional occurrences are at rather low elevations (mostly <1,000 feet), but there are three known occurrences in the region, located about 2.5 to 3 miles from the Area (Richmond et al., 2008), at least one of which has vegetation similar to that which occurs within wetland FEW-1 in the Area. The other wetlands on site either do not have sufficiently dense lower-stratum vegetation or have water depths that fluctuate or are much too deep.

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Table 2. Special-status species recorded by the CNDDB in the nine USGS quadrangles centered on the project site. Within groups, species are listed alphabetically by common name. Status codes are as follows (Federal ESA listing/State ESA listing/Other): PT Proposed to be listed as threatened (federal) CT Candidate for listing as threatened (state) T Listed threatened (either federal or state) E Listed endangered (either federal or state) R Listed as “rare” (state; pertains only to plants) SSC California Department of Fish and Wildlife species of special concern BCC US Fish and Wildlife Service birds of conservation concern List 1B California Native Plant Society (CNPS) listed as endangered within California and elsewhere List 2 CNPS listed as endangered within California but at lesser risk elsewhere List 3 CNPS category for “more information needed” List 4 CNPS watch list. Not believed to be at risk. List 3 and 4 species would not generally be considered under CEQA Guideline 15380.

Species Status Microhabitat/Occurrence Suitable Other Information Habitat Present?

MAMMALS Pacific fisher – West Coast DPS PT/CT/SSC Dense forest and other woody habitats in Marginal Area of project is no longer believed Pekania (Martes) pennanti northern Sierra foothills and southern Sierra (but outside to be within geographic range Nevada. range) (Zielinski et al., 1995). Sierra Nevada red fox -/T/- Meadows with friable soils for burrowing. No Site is below known elevation limit Vulpes vulpes necator for the taxon.

BIRDS California black rail -/T/FP Wetlands and meadows with very dense, usually Yes Only potential location would be in Laterallus jamaicensis coturniculus graminoid, vegetation and shallow water. FEW-1. Great blue heron (nesting) Trees, usually in riparian areas, with close access No Wetlands unsuitable for foraging Ardea herodias to foraging areas due to density of forest. Northern goshawk -/- /SSC High-canopy-cover coniferous forest at middle No Regional occurrences at Malakoff Accipiter gentilis and upper elevations (3,300 to 9,000 ft). Diggins; inactive since early 1980s. Yellow warbler Riparian forest and shrubland, nesting records in Yes Dendroica petechia brewsteri region are close to water.

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REPTILES AND AMPHIBIANS California red-legged frog T/-/SSC Long-seasonal (11-20+ weeks) ponded water with Yes Rana draytonii access to (upland) aestivation habitat. Coast horned lizard -/-/SSC Dry, open or semi-open habitat, usually shrub Marginal Some marginally suitable habitat Phrynosoma blainvillei dominated, with abundant native ants and friable occurs west of Allison Ranch Road soils. (not near proposed facilities). Foothill yellow-legged frog -/-/SSC Streams with slow to moderate flow and egg- Yes Rana boylii laying substrate, especially cobbles. Western pond turtle -/-/SSC Perennial or long-seasonal ponds with basking Yes Emys marmorata features and adjoining nesting areas.

INVERTEBRATES Western pearlshell Cold creeks and rivers with good water quality Yes Potentially suitable habitat in Wolf Margaritifera falcata and salmonid fishes. Creek.

PLANTS Brandegee’s clarkia -/-/4 Steep slopes, usually road cuts, with minimal or Marginal Most slopes within site are much Clarkia biloba ssp. brandegeeae only grassy competing vegetation cover. too shaded. Brownish beaked-rush -/-/2B Shallow wetlands with limited competing Yes Rhynchospora capitellata vegetation cover. Butte County fritillary -/-/3 Semi-open areas within lower elevation conifer Yes Fritillaria eastwoodiae forest, variable soil composition and moisture regime. Cantelow’s lewisia -/-/1B Wet rocks near large rivers or creeks, with Marginal Suitable wet rocks by Wolf Creek, Lewisia cantelovii moderately high light levels. but densely shaded. Dubious pea -/-/3 Lower montane conifer forest. Yes Not a distinct taxon; synonymous Lathyrus sulphureus var. argillaceus with L. sulphureus which is common and widespread. Elongate copper moss -/-/2B Wet (acidic, metamorphic) rocks, especially if No Mielichhoferia elongata enriched in metals such as copper. Finger rush -/-/1B Wetlands, especially with near-surface restrictive Yes Known occurrence at Brunswick and Juncus digitatus horizons of rock or cemented soil. Idaho-Maryland Roads. Inundated bog-clubmoss -/-/2B Marshy bogs; North Malakoff and Columbia Yes Lycopodiella inundata Diggings.

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Pine Hill flannelbush E/R/1B Rocky sites with minimal woodland canopy cover; No Fremontodendron decumbens serpentine- or gabbro-derived soils. Red Hills soaproot -/-/1B Serpentine- or gabbro-derived soils, but also on Possibly Chlorogalum grandiflorum disturbed non-ultramafic soils. Scadden Flat checkerbloom -/E/1B Long-seasonal or perennial wetlands, especially Yes Sidalcea stipularis spring-fed. Sierra bluegrass -/-/1B Moist soils in shady sites, especially close to Yes Poa sierrae perennial creeks or rivers. Stebbins’s morning-glory E/E/1B Serpentine- or gabbro-derived clay soils of Pine No Calystegia stebbinsii Hill formation.

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Northern goshawk is not known to occur at any elevation as low as the study area. The lowest elevation record in the region is 3,400 feet, in Malakoff Diggins State Park. The two known eyries there have not been active since 1980 and 1983, respectively. It is reasonable to conclude there is no potential for this species to nest within the study site. Yellow warbler nests in riparian and other broad-leaved woody vegetation near water (but not necessarily abutting it). The Area provides suitable habitat for this species within the Riparian Wetland and Foothill Riparian vegetation types, and potentially in scattered broad-leaves trees along Wolf Creek. California red-legged frog (CRF) breeds in long-seasonal or perennial water with slow or no flow, and moves out into surrounding upland habitat to aestivate during the non-breeding (dry) season. The Area provides suitable breeding habitat in the perennial ponds and Freshwater Emergent Wetland features, and suitable aestivation habitat throughout much of the forested area. Wolf Creek is probably not suitable breeding habitat because its flow velocity is too high and it supports salmonid fishes which prey upon egg masses and young. Foothill yellow-legged frog is more consistently aquatic than CRF, and breeds in streams with moderate flow velocity, clear water, and suitable egg-laying substrate, specifically cobbles, to the downstream side of which the egg masses are attached. Potentially suitable habitat is found within the seasonal tributary (ST-1) and perennial tributary into which it flows. Western pond turtle inhabits perennial or long-seasonal ponds with features such as logs or rocks for basking, and with soils in nearby uplands in which it can dig to lay eggs. Both of the perennial ponds provide suitable habitat for this species. An aquatic animal that was probably a turtle was observed fleetingly by WME staff in May 2013, but surveys to confirm this were not carried out. The pond turtle disperses up and down perennial and seasonal tributaries (I have seen them in transit in tiny seasonal tributaries with puddles but no continuous flow), so occurrence of a single individual of the species, if confirmed, is not necessarily evidence of nesting in nearby uplands, or even of the animal’s presence throughout the year. Nevertheless, the ponds provide suitable habitat, so it would be reasonable to conclude that the species would potentially be present whether there had been any observation or not. Western pearlshell is an exclusively aquatic mussel, dependent upon cool water with good water quality and the presence of salmonid or possibly other fishes as hosts. Wolf Creek, but not other on-site aquatic features, provides potentially suitable habitat.

PLANTS Additional information on suitable habitat for plant species that are recorded by the CNDDB within the nine-quadrangle area is included only for completeness. All suitable habitat areas within the Area were surveyed during the flowering season in accordance with field procedures specified by DFW (2009), and no individuals of these or any other special status species were found. Brandegee’s clarkia is most often found on road cuts or other steep slopes (almost always >30 percent slope) with little competing vegetation and bright light, whether direct or indirect. The plethora of occurrences that have been discovered in recent years in western Nevada County have led to the species being downgraded to List 4 by CNPS.

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Brownish beaked-rush occurs in shallow wetlands with little or no competition from other vegetation. Most of the known regional occurrences are in deposits of dredger tailings or similar substrates. Butte County fritillary grows in a variety of settings in forest and openings. It is a CNPS List 3 plant (more information needed). A more common species of the genus, Fritillaria micrantha, was found during the botanical survey. Cantelow’s lewisia is an obligate wetland plants that grows in wet rocky situations near large creeks or rivers. Wolf Creek might provide suitable habitat for it, in spots. Dubious pea is not considered to be a distinct subspecies in either the 1993 or 2012 edition of the Jepson Manual (Baldwin et al., 2012). This seems to be a correct scientific judgment given that plants conforming to the original description of Lathyrus sulphureus var. argillaceus can occur mixed in the same patch with ones corresponding to var. sulphureus. Neither plant was found within the Area. Elongate copper moss grows on acidic, metamorphic rock with high heavy-metal (specifically copper) content. No geology information was available, but NRCS soils data does not mention notable amounts of naturally occurring heavy metals in the soils, so I conclude there is no suitable habitat is present in the Area. Finger rush grows in seeps, swales, and vernal pools, with an occurrence known at the intersection of Brunswick and Idaho-Maryland Roads, greatly disjunct from the previously known geographic range of the plant. Suitable habitat for it occurs in the Area, but the plant was not found. Seven other species of Juncus were found, all identified unequivocally to be members of other species. Inundated bog-clubmoss is obligately associated with bogs or perennial fens. Known regional occurrences are in North Columbia Diggings and near Malakoff Diggins. Pine Hill flannelbush requires rocky sites with little or no competing vegetation, and soils derived from serpentine or gabbro. No plant in this family was found on site. Red Hills soaproot occurs mostly but not exclusively on gabbro- or serpentine-derived soils. The two known regional occurrences, which constitute the northern limit of the known geographic range of the species, are near Colfax, not near the Area. Scadden Flat checkerbloom occurs in wetlands similar to those present on site, but was not found. The common local checker mallow (now Sidalcea asprella var. asprella after a recent name change) was found in upland habitats, especially on the west side of Allison Ranch Road. Sierra bluegrass grows in moist, shady locations on rocky substrates near creeks or rivers. Suitable habitat may occur along Wolf Creek. Stebbins’s morning-glory grows on serpentine- or gabbro-derived clay soils of the Pine Hill formation; these soils do not occur in the Area. The common western morning-glory (Calystegia occidentalis var. occidentalis, easily distinguished by its entire, sessile bracts) was found during the botanical survey.

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4.5 Deer Deer belonging to the genus Odocoileus are found in a wide variety of habitat types throughout nearly all of California except for the lowland central valley and most of the Mojave Desert. The location of the Area within the range of (Columbian) black-tailed deer (O. hemionus columbianus), but close to the mapped limit of the range of Rocky Mountain mule deer (O. hemionus hemionus) as depicted by Mackie et al. (2003) and Latch et al. (2009). Sources differ on whether the range of California mule deer (O. hemionus californicus) extends as far north as western Nevada County. The subspecies can be distinguished, sometimes only with difficulty, from a clear observation of a full grown animal, but they do hybridize in the subspecies contact zones. Subspecies cannot be distinguished from sign (tracks or scat). Accordingly, this report simply refers to “deer” without further specification. With respect to the Area, habitat and conservation considerations are similar regardless of the subspecific genetics. Circumscription of deer population areas within California varies depending upon administrative purposes. The Area falls within the Motherlode herd, which is a unit of generally resident deer that may move limited distances seasonally, but are not fully migratory between non-overlapping summer and winter ranges. Consequently, regulatory goals and policies pertaining to protection of migratory routes and critical summer (fawning) and winter ranges are not applicable to the Area. Although there is a voluminous literature on mule deer ecology from areas where they are abundant and/or hunted, there is relatively little information from areas where they are sparsely distributed, such as the lower western foothills of the Sierra Nevada. The available reference with the most geographically proximal information is the management plan for the Nevada City and Downieville herds (Wagner and Finn, 1985). In brief, this document notes that the Nevada City herd is non-migratory although individuals move about within their home ranges during the year. Only the higher elevation part of the herd (Downieville) is migratory. It is reasonable to infer that any deer occurring at even lower elevations than Nevada City would be non-migratory also, though some migratory individuals whose primary (summer) range is the middle and upper montane zone (subject to accumulation of snowpack) may occasionally migrate down to seasonally occupy areas overlapping with resident deer ranges. This is in accordance with my observations in biological inventories throughout western Nevada County: deer sign can be extremely abundant at and above the approximate elevation of Grass Valley (2,500 feet), but becomes less and less common at lower elevations until it disappears at about 1,000 feet. The Area is of moderate habitat values for deer, which prefer more open habitat with diverse native shrubby and forb vegetation for foraging. In the course of the botanical survey work, many thousands of feet of transect distance were walked while looking at the ground; this also serves as a highly effective qualitative survey for abundance of deer scat. Occasionally pellet groups were observed in the southern part of the site, but they are very uncommon compared with the amount that I have seen in upper elevation locations. Based on this empirical evidence, I conclude that deer use of the Area site is minimal.

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5 IMPACT ASSESSMENT AND MITIGATION 5.1 Project Description The proposed project is a passive treatment system for water which emerges from long- abandoned underground tunnels as springs. These waters contain elevated levels of manganese and iron, which is susceptible to precipitation as solid surface deposits, mediated by naturally occurring microbes. The specific project elements include two wells and pumps to access the element-enriched waters underground, pipelines to convey the waters to treatment areas, a series of passive treatment areas to reduce the levels of manganese and iron, and an outfall system to discharge treated water to an unnamed tributary of Wolf Creek. No fills are proposed within jurisdictional wetlands or other waters of the United States or State of California. However, construction would occur within less than 100 feet of the outer edge of one or more water courses, and wetlands (specifically, riparian wetlands).

5.2 Potential Impacts The following categories of biological resource impacts could result from construction and operation of the project:

• Indirect impacts on wetlands, riparian habitats, or tributaries. • Potential loss of individuals or degradation of occupied habitat of species status wildlife species which might include California black rail, California red-legged frog (CRF), foothill yellow-legged frog, western pond turtle, yellow warbler. The nature and potential level of significance of these impacts is discussed in more detail below, and available mitigation measures are suggested for consideration. Based upon the minimal use of the Area by resident (not migratory) deer, the project would not be expected to have significant impacts upon black-tailed or mule deer. The project also has potential for destruction of active nests of common bird species. Strictly speaking, impacts upon common birds, even while nesting, do not appear to fall into one or another category of significant impact within the CEQA environmental checklist form (revised Appendix G), nor would such impacts trigger mandatory findings of significance, unless the species in question were candidate, listed, or other of other special status. Accordingly, this subject is treated below under Regulatory Consistency, because compliance with the Migratory Bird Treaty Act (MBTA) is required even in the event of a CEQA exemption or action that is not a CEQA project.

WETLAND AND/OR RIPARIAN IMPACTS No direct wetland impacts (defined herein as excavation or placement of fill within wetlands or other waters), nor removal of non-wetland riparian habitat, is proposed. The purpose of the proposed project is to capture groundwater and treat it. Specifically, the project is intended to result in the capture of all of the water that presently emerges from the adit and pipe culvert as the perennial tributaries PT-8 and PT-9. This is a desirable result because it

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facilitates improvement of water quality entering Wolf Creek, however, it would also result in a reduction in the existing area of non-wetland waters of 0.048 acre. This anticipated reduction in area of waters is determined to be a significant impact under CEQA Guidelines (see BIO-1A, below). One of the Mixed Fen Wetlands, MFW-2, is believed to have some subsurface connection to the water that flows out of the adit and pipe culvert. Therefore, it is possible that this feature might be affected by the pumping of this water, and would become drier, or possibly even lose sufficient hydrologic support that it would no longer be a wetland. Although the project as a whole will create a much greater amount of wetlands at the Proposed Constructed Wetland Pond, the impact on MFW-2 might, in isolation, need to be judged to be a significant impact pursuant to CEQA Guidelines. If so, it would constitute a loss of wetland area of 0.025 acre, albeit due to indirect effects and not direct fill, and would be a potentially significant impact. (see BIO-1A). It would be reasonable to make the provision of compensatory mitigation for this potential impact contingent upon monitoring the feature, however, the magnitude of the impact is so small that it is probably more economical simply to mitigate for it without monitoring. Indirect impacts (habitat degradation) could also result from construction within 100 feet of wetlands, perennial water bodies, or riparian areas. At the nearest point, construction of the proposed wetland pond would approach within 10-20 feet of the closest point of a Riparian Wetland; pipeline construction also approaches close to a perennial tributary, but only over a short distance. Temporary noise and visual disturbance of general habitat values during construction is considered to be a less-than-significant impact (however, see below for discussion of potentially significant impacts on special status species). However, construction activity will be uphill of the wetland area, therefore sediment from disturbed soil (cut or fill) could enter the wetland and downstream waters, resulting in a potentially significant impact (see BIO-1B, below). Discharge of treated water will add about 2 cfs, or sometimes more during rainy periods or parts of the year when flows of the groundwaters that will be treated are higher, to the flow in the seasonal tributary ST-1 and the unnamed tributary PT-10 into which it flows. Depending upon the discharge point and configuration of the outflow structure, to be constructed outside the jurisdictional limits, there is a potential for erosion of the existing seasonal channel for a period of time until it becomes erosionally stable. For decades, the perennial portion (PT-10) has already been conducting significant perennial flows (seasonally varying from about 0.5 to 2 cfs) from the terminus of Allison Ranch Canal, plus very much greater flows from stormwater runoff from the watershed, and was empirically confirmed to be highly erosionally stable (see Section 4.2). The perennial flows only fill a portion of the channel’s cross-sectional area. Therefore, there is sufficient channel stability and excess flow capacity that the potential erosion impact on this tributary segment is expected to be a less-than-significant impact. However, the stability of the seasonal tributary, which has a much smaller channel in cross-section, is not as easy to confirm based upon the general site reconnaissance. Therefore, the possibility for erosion of this feature is identified as a potentially significant impact (see BIO-1C). Impact BIO-1A: Pumping of groundwater from the mine tunnel that conducts the water which emerges from the adit and pipe culvert is intended to result in a reduction in the existing area of non-wetland waters of 0.048 acre. The pumping might also cause wetland MFW-2 to become drier or lose its wetland characteristics. This could result in the loss of up to 0.025 acre of wetland, which,

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although far below the limit requiring mitigation under U.S. Army Corps of Engineers permitting standards, is a potentially significant impact under CEQA guidelines. Recommended Mitigation Measure BIO-1A: The project shall purchase 0.048 acre of credit for perennial non-wetland surface waters and 0.025 acre of credit for seasonal wetland at an approved mitigation bank with a geographic service area including the site, or shall make a payment analogous to an in-lieu fee payment for nationwide permit impacts, for 0.048 acre of non-wetland waters and 0.025 acre at the rate applicable to seasonal wetland at the time that the project is initiated. In the event that the acreages of the three features in question are modified in the course of verification of the jurisdictional determination by the U.S. Army Corps of Engineers, the acreages of mitigation shall be correspondingly adjusted. Impact BIO-1B: The project could result in generation of sediment from earth moving for construction of pipelines and treatment facilities, and water or wind erosion of sediment could deliver it to wetlands and/or other waters, which is a potentially significant impact. This impact statement includes both the temporary impacts during construction and potential for long-term sedimentation impacts from completed facilities. Recommended Mitigation Measure BIO-1B: The project shall install sediment controls in accordance with the specifications of the habitat management plan (see Section 6 of this report). These shall include, at a minimum, installation of silt fences (no other temporary BMP is acceptable in this location) keyed into trench a minimum of six inches and overbackfilled, and extending from Perennial Pond PP-2 to the downstream end of Riparian Wetland RW-2. Additional specifications for protection of water quality are provided in Section 6. Additional sediment controls may be required under the Stormwater Pollution Prevention Plan subject to approval by the Regional or State Water Quality Control Board. All soil disturbances shall be hydromulched and effectively revegetated with appropriate native and non-native species, as specified more fully in Section 6 of this report. Impact BIO-1C: The discharge of treated water could result in erosion of the Seasonal Tributary ST-1, which is a potentially significant impact. Recommended Mitigation Measure BIO-1C: The project shall compare the channel dimensions and gradients between ST-1 and PT-8 (the latter being known to be stable under flow regimes similar to the proposed discharge) to determine if there is a potential for significant erosion. If not, the Outfall Design recommendations provided in Section 6.3 shall be implemented. If there is a potential for erosion in the Seasonal Tributary, the project shall pipe the treated water to the Perennial Tributary downstream, and also implement the Outfall Design recommendations provided in Section 6.3.

SPECIAL STATUS SPECIES OVERVIEW A comprehensive floristic botanical survey was conducted, even including wetland areas that are not proposed to be affected, and no special status plant species were found. Therefore, the project will not result in any significant impacts on special status plants. The site provides potentially suitable habitat for the following special status wildlife species (not including ones whose present geographic range does not include the site):

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Within site but outside construction areas (no impact): California black rail Western pearlshell

Within site and within or near areas of construction disturbance: Yellow warbler California red-legged frog Foothill yellow-legged frog Western pond turtle

YELLOW WARBLER Yellow warbler nests in riparian and other broad-leaved woody vegetation near water. Construction that will occur near Riparian Wetland RW-2 could result in disturbance of one or more nesting pairs, if any active nests were present at the time construction is initiated. The project region, and indeed the Area itself, provides abundant nesting opportunity for the species, so, if construction were already ongoing at the time that birds migrate into the area to select nest sites, they would select nest sites far enough from the disturbance that the birds in question would judge it to be tolerable. Accordingly, a potentially significant impact is identified only if construction within 100 feet of RW-2 is initiated after nests would already be occupied. If daily (or at least frequent) equipment operation is initiated prior to May 1, no nest disturbance would be expected to occur. Impact BIO-2A: The initiation of equipment operations within 100 feet of RW-2 or FEW-2 (which also supports some riparian trees) between May 1 and July 1 could result in disturbance and possible abandonment of occupied yellow warbler nests, which would be a potentially significant impact. Initiation of construction or of vegetation removal including tree felling in any area further than 100 feet from the specific wetlands identified, or at any time outside the specified date range, would not result in a significant impact. Recommended Mitigation Measure BIO-2A: In the event that tree removal and/or operation of mechanized equipment of any kind is proposed to be newly initiated within 100 feet of RW-2 or FEW-2 between May 1 and July 1, surveys for nesting yellow warblers should be conducted in any suitable nesting habitat that lies within 100 feet of all locations where equipment operation would occur. Surveys should be conducted between 7 and 14 days prior to initiation of construction, and during morning hours only. If adult yellow warblers are detected during the survey (nest sites may not be identifiable), no equipment operation should occur within 100 feet of the suitable nesting habitat until it is conclusively determined that no nest is present, or the nest is identified and young have fledged.

CALIFORNIA RED-LEGGED FROG California red-legged frog (CRF) breeds in long-seasonal, slowly flowing or stagnant water, and moves out into upland habitat considerable distances away from water (extending at least as far as the entire Area) to aestivate during the non-breeding season. Suitable habitat for both of these

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phases of the life cycle occurs within the project site, and habitat suitable for aestivation occurs within the footprint of proposed construction. Although no impacts on the suitable breeding habitat are proposed, grading and equipment operation could result in death of individual CRF that are moving or aestivating. This would be a significant impact if it were to occur. Following completion of project construction, there would be no residual adverse effects on CRF, so mitigation is required only for the construction period. Impact BIO-2B: If CRF breed on site, the adults would be expected to aestivate in upland areas nearby, possibly including construction areas. If so, excavation in these areas could result in death of individual frogs, which would be a significant impact. Recommended Mitigation Measure BIO-2B: The project shall conduct a habitat suitability assessment according to USFWS guidelines and submit this assessment for USFWS concurrence. If the assessment determines that suitable breeding habitat occurs within one or more wetlands or other waters within the site, the project shall conduct a full protocol survey for the species itself, according to USFWS protocol and seasonal recommendations for the Area location. If the survey detects presence of CRF within any water bodies of the Area, the project shall consult with USFWS to establish protective measures that will be implemented during construction to minimize the potential for loss of individual CRF. Such measures might include, but would not be limited to, installation of barrier fences to impede CRF from moving from occupied water bodies into areas of construction activity, minimization of the creation of temporary refuge sites in uncovered trenches or basins, and monitoring by a qualified biologist during construction activities. In the event that consultation with USFWS is not completed within a reasonable time period, such as six months, of submittal of the protocol survey results, the mitigation measure will be considered to have been satisfied if the project implements measures that have been accepted for other construction projects with similar circumstances. Other Recommendations In the event that the potential CRF breeding habitat in the Area is determined to be occupied, it is highly recommended that the project also obtain an incidental take permit, which protects the owner and contractor against penalties under the Endangered Species Act if individuals of a listed wildlife species are harmed despite the implementation of mitigation measures. Neither the habitat assessment nor protocol survey for breeding individuals of CRF require a certification or permit, however, it is highly recommended that the individual who conducts the protocol survey have a valid take permit, which allows for capture of individuals if necessary to facilitate definitive identification.

FOOTHILL YELLOW-LEGGED FROG Unlike CRF, foothill yellow-legged frog (FYF) is highly aquatic, but requires a rather specific and narrow range of conditions for breeding. Specifically, it requires channels with slow to moderate flows (neither stagnant water nor high-flow creeks and rivers), or edges of large channels were these conditions occur. The breeding season is tentatively reported to be April through August, but I have observed congregations of adult FYF in early March on San Juan Ridge (Shady Creek, north of Nevada City). Egg masses are attached to underwater objects, most specifically to the downstream sides of cobbles or other similar physical situations. Thus, potentially suitable

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breeding conditions might occur within the Seasonal Tributary (ST-1) and the Perennial Tributary (PT-10) into which ST-1 flows. The project would result in an increase in flow in PT-10, which could render some microsites less suitable for the attachment of egg masses, but would also make other microsites, specifically ones in the wider portions of the channel, more suitable. Therefore, impacts within PT-10 are judged to be a less-than-significant impact. It is uncertain whether the discharge of treated water into ST-1, converting this channel segment from seasonal to perennial, would be beneficial or deleterious to its suitability for breeding use by FYF, if indeed the species is present within the area at all. Since we cannot be certain, the correct judgment is that it is a potentially significant impact. Impact BIO-2C: If foothill yellow-legged frog occurs within ST-1, discharge of treated water into this feature would result in alteration of flow regime that could reduce its suitability as breeding habitat for the species, which is a potentially significant impact. In the event of modification of project design so that the treated water discharge point is further downstream, at PT-8, the impact would be less than significant and no mitigation would be warranted. Recommended Mitigation Measure BIO-2C: The project shall survey for FYF during the appropriate season to detect breeding individuals or egg masses (possibly March through June; may require more than one visit depending upon weather during the year when the survey occurs). If the species is not detected, no further mitigation is required. If it is present, the recommended measure is to reroute the treated water discharge to PT-10.

WESTERN POND TURTLE This species is highly aquatic during most of the year, but emerges from the water to excavate nests in nearby uplands, in which it lays its eggs before returning to the pond or stream. Suitable habitat for pond turtle is present in Perennial Ponds PP-1 and PP-2. An aquatic animal that was fleetingly observed and is tentatively identified as a turtle was seen in PP-1, however, no construction activities are proposed close to PP-1, therefore there is no anticipated or potential impact on pond turtles that might inhabit PP-1 and emerge from it to excavate nests in areas that will be graded. A short portion of the pipeline is located within the maximum 100 meter (328-foot) range that pond turtles are believed to move to excavate nests, but it is up a steep hill of soil materials that are poorly suited for turtle nest excavations, so it is reasonable to suggest that, if turtles inhabit pond PP-1, they would be unlikely to use the areas where the pipeline will be placed for nesting, and no potentially significant impact would be anticipated. Perennial Pond PP-2, however, is located very close to proposed construction. If it is inhabited, and if construction occurs during the season that nests with unhatched eggs might be present, destruction of nests could occur, which is a potentially significant impact. It is difficult or impossible to reliably survey for nests once they are created, so, if pond turtles are present in this pond, effective mitigation would depend upon impeding any turtles that are present from entering construction areas. Impact BIO-2D: If western pond turtles inhabit pond PP-2, construction of the Proposed Wetland Pond could result in destruction of nests of western pond turtles, which would be a significant impact if it occurred.

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Recommended Mitigation Measure BIO-2D: The project shall conduct a survey for western pond turtle in PP-2 during the summer preceding initiation of grading activity. If the species is detected, or if the project wishes simply to presume that it is present, a drift fence barrier that inhibits the movement of adult turtles out of the pond and continuous wetlands but has places where adults or juveniles may move from upland areas back into the pond and wetlands, shall be installed from Allison Ranch Road down to the downhill end of RW-2. This barrier would incorporate the silt fence system in this same area. Since such barriers are never completely effective, the project shall have on call a qualified biologist who possesses a valid California scientific collecting permit, who will relocate any nests that are discovered during construction within 48 hours of discovery. In the event that a turtle nest is unearthed by grading, it shall be recovered with loose soil, protected from predators (e.g., raccoons, coyotes, dogs), and construction at that microsite shall be suspended until the nest can be relocated. Nest relocation shall entail collecting all of the intact eggs revealed by grading and burying them in similar soils at a similar depth, in some location within 300 feet (preferably closer) of the pond but not subject to future construction disturbance. Any relocated nests shall be protected from predation by 1” or finer wire mesh, at least four feet in diameter but with a narrow gap below to permit egress of hatchlings.

5.3 Other Regulatory Consistency California Fish and Game Code (FGC) Various sections of the FGC prohibit take of protected species. Fully protected species are included in the CNDDB and are properly treated as special-status species in CEQA analysis. With the exception of California black rail, which is also State-listed as threatened, such species do not occur in locations that will be affected by project construction and operation, therefore these sections are not applicable to the project. Section 3503.5 prohibits take or possession of raptors, owls, or the destruction of eggs or occupied nests during the nesting season. Although a targeted raptor nest survey was not included in the biological inventory, no large stick nests were observed. Measures that could be taken to preclude potential impacts on raptor nests are the same as for nesting birds generally and are discussed below.

Migratory Bird Treaty Act Loss of limited numbers of common species of plants or animals is not a significant impact under current CEQA guidelines pertaining to biological resources. However, the MBTA and FGC §3513 prohibit take of migratory birds, which is defined to include destruction of active nests (presumed to contain eggs or nestlings). Compliance with the MBTA requires that no grading, brush clearing (mechanized or otherwise), or tree removal occur during the nesting season without a nesting bird survey that confirms that no occupied nests are present, or contingent mitigation actions if nests are present. In the case of tall coniferous trees, it is not scientifically possible to ensure that small bird nests high in the canopy can be found by a survey carried out from the ground. Thus, in coniferous habitat with trees >24 inches dbh, tree removal must occur outside the nesting season to ensure compliance with the MBTA.

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In western Nevada County, the nesting season for raptors and owls extends from sometime in the winter (in the case of great horned owl) through mid-August. Smaller migratory birds begin nesting in May and continue to occupy nests until as late as August 15 (in the case of some species that raise two broods per year; depends upon habitat and species in question). Thus, tree removal and initial grading should preferably occur between August 15 and October 15 (nominal end of the grading season for water quality reasons). Alternatively, larger trees (see comments above) may be felled in late fall or winter and left on the ground for removal during the following construction season. If vegetation removal (tree removal or brush mastication) or ground surface disturbance (any form of grading) are to occur between May 1 and August 15, this report recommends that nesting bird surveys should occur between 7 and 14 days prior to initiation of construction. Nesting surveys for small birds are only fully effective if carried out between dawn and 11 AM; many species become inactive during mid-day. Survey work should cover all habitat within 100 feet of vegetation removal or ground disturbance, or a greater distance in the case of raptor/owl survey, a distance of 500 feet from the limit of disturbance. In the event that nests are identified, temporary non-disturbance zones should be the same width as the survey buffer (100-500 feet, depending on the species found to be nesting), and a revisit by the biologist, with confirmed observations of fledglings in the nest vicinity, would be required prior to vegetation removal or soil disturbance, unless this were to be delayed past August 15.

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6 HABITAT MANAGEMENT PLAN The potentially affected resources are described in detail in Section 4 of this report. The need for a habitat management plan arises because some project facilities will be constructed within 100 feet of wetlands, riparian areas, and/or perennial water bodies. The proposed project design entails no excavation or placement of fill within the jurisdictional limits of any wetland or other water. Project construction will result in temporary noise and visual disturbance. Mitigation measures for the impacts of this disturbance on common and special status species are provided in Section 5. After construction is complete, there is no lighting and no ongoing operational activity within the required 100 foot setback, so there will be no permanent impact on wetland, aquatic, or riparian habitat values. The potential for sediment generation and transport into wetlands or other waters could result in both short-term (during construction) and long-term (“permanent”) sedimentation impacts. In addition, the passively treated water will be discharged into an existing tributary via an outfall structure built outside the tributary boundary. This could result in minor channel erosion in the upper (seasonal) part of the tributary. This habitat management plan provides descriptions of the minimum measures that would be necessary to protect against these sedimentation and erosion impacts.

6.1 Temporary Sediment Controls Sediment containment (temporary BMPs) shall be installed prior to the arrival of any excavating equipment other than that used to install the BMPs. The central feature of temporary BMPs for construction of the Proposed Wetland Pond is a silt fence installation between that project element and the wetlands and waters to the northwest. Straw rolls or wattles will not be effective and are not an acceptable BMP for sediment control in this location. At a minimum, the silt fencing system shall extend from the small topographic rise southeast of Perennial Pond PP-2 past the northern terminus of RW-2. To provide sufficient sediment capacity and to prevent the possibility of concentrating flows to a degree that exceeds the ability of silt fence and its supporting stakes to contain water without collapsing, the silt fence system shall be constructed in a series of short runs, each terminating in an upwardly curved downhill end forming a mini-detention area. Silt fence shall be installed keyed into a 6-inch trench and over-backfilled. Due to the rocky nature of some of the soils present on site, a stockpile of screened material (with larger angular rocks that would damage the fabric removed) may be required for use as silt fence trench backfill. If rocky conditions prevent satisfactory keying in of the toe of the silt fence, it may be rolled into coir netting and a seal constructed at the soil surface from suitable erosion control fibers such as a separate layer of folded coir netting. Any such deviation from the trenching specification should occur only under the Project Engineer’s authority (not by the implementing contractor alone) in consultation with a Certified Professional in Erosion and Sediment Control (CPESC) or other qualified individual with field experience monitoring BMP installations under extreme precipitation conditions.

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Silt fencing shall be fabric only (no metal wire, which interferes with achieving a good join with the soil surface and, in the very constrained space that is the case for the present project, presents nearly insurmountable difficulties in removal without destabilizing the detained sediment. Support stakes shall be at a maximum spacing of 10 feet, and less than that at the points where water is expected to be concentrated. Standard wooden stakes may not be effective in the site’s rocky soils; substitution or supplementation by metal rods may be necessary. Additional support in the form of straw bales placed on the downhill side of the silt fencing at key locations is recommended. Silt fence shall be monitored, maintained, and repaired as necessary throughout construction and revegetation. It shall not be removed until the contained sediment behind it has been revegetated with a minimum absolute cover of 70 percent.

OTHER If any soil is to remain exposed during the rainy season, weather forecasts shall be monitored daily, and, whenever any amount of rainfall greater than ¼ inch is expected within the next 24 hours, any loose exposed soil shall be covered with plastic sheeting, adequately weighted over its entire surface to prevent it from blowing loose during the winds that frequently precede or accompany rainfall in the project region. Straw wattles or erosion control blankets are not recommended for use even in areas other than the one critical silt fence installation described in detail above. However, if they are used, they shall be ones fabricated entirely of biodegradable materials; no plastic. Monofilament netting entails significant risk of wildlife entrapment. If rolled products are to be used, coir netting is recommended over all other alternatives. Provisions related to equipment maintenance, storage of materials, and stabilized access points that are included in the Stormwater Pollution Prevention Plan shall be implemented and monitored as specified therein.

6.2 Revegetation (Permanent BMP) All of the following management actions pertain to, and are necessary for, permanent revegetation of disturbed areas, which will reduce the potential indirect impacts on nearby wetlands and other waters to insignicant levels.

SOIL MANAGEMENT The upper layer of existing soil shall be salvaged and stockpiled for use in construction of facility outslopes, on which it is important for revegetation to result in a thick stand of self-sustaining vegetation to preclude the need for costly maintenance and repair. The depth of the salvage shall be a minimum of six inches, or up to 12 inches depending on soil testing and calculation of the volume needed to construct the perimeter berms. If the soil stockpile is to be retained during the rainy season, it shall be seeded with the seed mix specified below. Vegetation resulting from seeding the stockpile will enhance the rate at which final revegetation occurs.

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The outer soil layer on slopes to be revegetated (such as outslopes of the proposed pond) shall not be compacted to a higher degree than 85% at OMC. If there is an engineering necessity for greater compaction of the interior, then an additional outer layer shall be installed for revegetation. Optionally, this may require creating excavator divots or subgrade benches at a one foot vertical interval to ensure that the revegetation soil layer does not slump when wet. Revegetation within the site shall not entail use of any high-nutrient amendments such as fertilizer of any nature including slow-release and biologically based fertilizers. Compost may be employed if it does not contain manure supplements and if it is tilled in when the final soil surface is established.

HYDROSEEDING AND MULCH Hydraulic erosion control application shall occur as soon as possible following completion of ground disturbing activities. If hydroseeding occurs when the soil surface is dry, mulch often fails to adhere and peels off at the first rainfall. Therefore, if conditions are dry, hydraulic applications shall occur in two passes: one of water and seed, the other of hydromulch. If the surface materials are rough (which is desirable from the perspective of capturing seed and rainfall and reducing sheet flow velocities), mulch application shall be from two directions so that full coverage is achieved. Hydromulch of the outslopes of the facilities shall employ bonded fiber matrix. Hydromulch used in other areas may be of any other kind as appropriate to manufacturer’s specifications.

RECOMMENDED SEED MIX Tentative recommendations provided below are based upon observation of successful pasture and erosion control revegetation in the project region, and observation of the grass species that grow on site at present. Seed specification is subject to revision by a qualified revegetation specialist based upon any additional soil observations or laboratory data that may be obtained. Vulpia (Festuca) myuros (foxtail fescue), 5 lbs PLS/acre Festuca sp. (perennial fescue – prefer red, meadow, or hard fescue in that order), 3 lbs PLS /acre Bromus hordeaceus (Blando brome), 7 lbs PLS /acre Dactylis glomerata (orchard grass) and/or Festuca arundinacea (tall fescue), 1 lbs PLS /acre either species or combined Elymus glaucus (blue wild-rye), 3 lbs PLS /acre Either or both of the following nitrogen-fixing species: Lupinus nanus (sky lupine), 4 lbs PLS /acre Trifolium hirtum (rose clover), 2 lbs PLS/acre Ceanothus prostratus var. prostratus (squaw carpet), 20 seeds/square foot on outslopes or other slopes at 3:1 or steeper. Lower application rate is still beneficial if insufficient seed supply is available. Seed pretreatment to enhance germination is required.

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Squaw carpet is by far the superior erosion control species of all plants native to the Sierra Nevada. It occurs within the project site, west of Allison Ranch Road. The site vicinity is the westerly and lower elevation limit of the distribution of this plant (a specimen from 1940 was collected about one or two miles south of the site).

Seed Ordering Requirements Seed shall be delivered in separate bags, not mixed, and each bag shall be labeled with species, origin or cultivar name, germination testing information and date, and weed seed content. Seed that is unlabeled or lacks any of the labeling listed above shall be rejected. Weed seed content shall not exceed 1 percent and shall not include any species of Melilotus or any species with a Cal-IPC rating of “High” in any amount. Any seed lot not meeting these weed seed criteria shall be rejected.

REVEGETATION MAINTENANCE The presence of two highly invasive non-native species (Armenian/Himalayan blackberry and Scotch broom) means that disturbed soils are potentially subject to colonization by these weeds during the first year or two after construction, which could result in failure to develop the dense vegetation that is necessary to control erosion in some critical areas, most particularly the berms containing the wetland pond and other facilities. Accordingly, revegetated areas shall be monitored at least twice each year (May and August are suggested) for the first two years after construction is complete, and every individual of those two species that is found shall be eliminated from areas where the revegetation is critical to erosion control. Due to the close proximity of aquatic habitat, mechanical means are preferred; specifically, plants shall be uprooted rather than merely cut. This is an effective means of control for young plants of these species. Subsequently, once desired revegetation species have established a dense stand of erosion- controling vegetation, invasion by weeds may still occur, but would not be expected to jeopardize the bioengineering performance of the revegetation.

6.3 Discharge of Treated Water As discussed in Sections 4 and 5 of the report, the lower part of the unnamed tributary into which the treated water will be discharged (below the confluence with PT-11) can reasonably be expected to remain erosionally stable when the project is in operation. Channel measurements and substrate observations are not yet available to support a determination of the likelihood that the upstream portion (ST-1) will remain sufficiently stable that any channel changes or sediment generation would be insignificant. In order to ensure that no significant impact will result, the project shall first determine whether the Seasonal Tributary segment has the capacity to conduct discharge flows year-round without resulting in significant erosion. For this purpose, hydrologic modeling of the channel watershed is not required. Comparison of channel dimensions and gradient between the seasonal and perennial segments suffices because the perennial segment provides an empirical standard of a channel in the same materials that remains stable when subjected to the same general flow regime (sustained wet-season flow from the NID canal being nearly as much as the flow of treated water).

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If the Seasonal Tributary is determined to be stable under anticipated flows, no further actions are required other than the Outfall Design recommendations described below. If the Seasonal Tributary is not reasonably expected to remain stable, the recommended course of action would be to pipe the treated water down to a point where it can be discharged into the lower, perennial portion of the tributary immediately above or below the existing culvert. At that point, the recommendations pertaining to Outfall Design would be implemented.

OUTFALL DESIGN In either case, the outflow structure shall be constructed as a wide rock-lined outfall without a

single concentrated flow point (D50 of 4-6 inches; width: as wide as surrounding topography permits, or up to 8 feet wide at the level annual maximum flow), so as to disperse the outflows and minimize the potential for point erosion. Total width of the discharge conveyance includes “banks” outside the flow width. The outfall shall be constructed entirely outside jurisdictional limits and shall be feathered into the existing topography.

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7 REFERENCES Baldwin, et al. 2012. The Jepson Manual: Vascular Plants of California (Second Edition). University of California Press, Berkeley, California.

Brittan, L. A. 1975. Soil Survey of Nevada County Area, California. Prepared by Soil Conservation Service and Forest Service in cooperation with the University of California Agricultural Experiment Station. California Department of Fish and Wildlife (CDFW). 2014. California Natural Diversity Data Base. CDFG Habitat Conservation Division, Wildlife and Habitat Data Analysis Branch, Sacramento, California. Digital data base accessed online by RareFind 5 software on December 17, 2014. Eddleman, W.R., R.E. Flores, and M.L. Legare. 1994. Black rail (Laterallus jamaicensis). Species account no. 123 in A. Poole and F. Gill (editors), The Birds of North America. American Ornithologist’s Union, Washington D.C. Latch, E.K., J.R. Heffelfinger, J.A. Fike, and O.E. Rhodes Jr. 2009. Species-wide phylogeography of North American mule deer (Odocoileus hemionus): cryptic glacial refugia and postglacial recolonization. Molecular Ecology 18: 1730-1745. Mackie, R.J., J.G. Kie, D.F. Pac, and K.L. Hamlin. 2003. Mule Deer. Chapter 43 in G.A. Feldhamer, B.C. Thompson, and J.A. Chapman (editors), Wild Mammals of North America. John Hopkins University Press, Baltimore, Maryland. Richmond, O.M., J. Tecklin, and S.T. Beissinger. 2008. Distribution of California black rails in the Sierra Nevada foothills. Journal of Field Ornithology 79: 381-390. Roberson, D., and C. Tenney. 1993. Atlas of Breeding Birds of Monterey County, California. Monterey Peninsula Audubon Society, Monterey, California. Sawyer, J.O., T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation, 2nd edition. California Native Plant Society in collaboration with California Department of Fish and Game, Sacramento, California. Sibley, D. A. 2000. National Audubon Society - The Sibley Guide to Birds. Alfred Knopf, New York. Tecklin, J. 1999. Distribution and abundance of the California black rail (Laterallus coturniculus jamaicensis) in the Sacramento Valley region with accounts of ecology and call behavior of the subspecies. Technical Report to California Department of Fish and Game for contract numbers FG6154WM and FG6154-1WM. Wagner, R. B., and J. Finn. 1985. The Downieville/Nevada City Deer Herd Management Plan. California Department of Fish and Game in cooperation with Tahoe National Forest. Zielinski, W. J., T. E. Kucera, and R. H. Barrett. 1995. Current distribution of the fisher, Martes pennanti, in California. California Fish and Game 81(3): 104-112.

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Appendix A:

Species List

North Star Biological Inventory

EcoSynthesis scientific & regulatory services, inc.

Appendix A. Species observed on the project site. Plant species are listed first, by major groups, then alphabetically by family. Nomenclature is according to Baldwin et al. (2012). Lists of mammals and birds follow, in approximate phylogenetic order within each group. Non-native species are indicated with an asterisk (*). Acronyms in the Notes indicate plant communities in which each species is found. If not otherwise indicated, the species is found within Mixed Conifer Forest.

Scientific Name Common Name Notes

CRYPTOGAMS FERNS AND SPIKE-MOSSES

Blechnaceae Woodwardia fimbriata chain fern MFW, MCF near water

Dennstaedtiaceae Bracken Family Pteridium aquilinum bracken fern

Dryopteridaceae Wood Fern Family Dryopteris arguta wood fern

Equisetaceae Horsetail Family Equisetum arvense scouring-rush MCF near water

GYMNOSPERMS CONIFERS

Cupressaceae Cypress Family Calocedrus decurrens incense cedar

Pinaceae Pine Family Pinus ponderosa ponderosa pine Pseudotsuga menziesii Douglas-fir

ANGIOSPERMS-DICOTYLEDONS FLOWERING PLANTS

Anacardiaceae Cashew Family Toxicodendron diversilobum poison oak

Apiaceae (Umbelliferae) Carrot Family Daucus carota* wild carrot Osmorhiza chilensis sweet cicely Sanicula bipinnatifida sanicle Sanicula crassicaulis sanicle Tauschia hartwegii tauschia Torilis arvensis* hedge-parsley

North Star Water Treatment Facility Biological Inventory A-1 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

Apocynaceae Dogbane Family Asclepias cordifolia purple milkweed Vinca major* periwinkle

Aquifoliaceae Holly Family Ilex aquifolium* holly

Araliaceae Ivy Family Hedera helix* English ivy

Asteraceae (Compositae) Sunflower Family Agoseris retrorsa spear-leaved agoseris Artemisia douglasiana mugwort Baccharis pilularis coyote bush Calycadenia spicata calycadenia AG Carduus pycnocephala* Italian thistle AG Centaurea solstitialis* yellow star-thistle AG Cichorium intybus* chicory AG Cirsium vulgare* common thistle Eurybia radulina aster Grindelia hirsutula hairy gum plant Helianthella californica California helianthella Hieracium albiflorum white-flowered hawkweed Hypochaeris radicata* rough cat’s-ear AG Lactuca serriola* prickly (wild) lettuce AG Lapsana communis* nipple weed Leontodon saxatilis* hairy hawkbit AG Leucanthemum vulgare* ox-eye daisy Logfia gallica* daggerleaf cottonrose AG Madia elegans ssp. vernalis common madia AG Madia exigua dwarf tarweed AG Pseudognaphalium canescens cudweed Solidago lepida var. salebrosa goldenrod Sonchus asper var. asper* cow thistle AG Symphiotrichum chilense aster Taraxacum officinale* common dandelion Tragopogon sp.* salsify, goatsbeard Wyethia bolanderi mule’s-ears Could be angustifolia.

Berberidaceae Barberry Family Berberis aquifolium var. aquifolium Oregon grape

North Star Water Treatment Facility Biological Inventory A-2 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

Betulaceae Birch Family Alnus rhombifolia white alder RW Corylus cornuta var. californica hazelnut

Brassicaceae Mustard Family Barbarea orthoceras winter-cress Brassica nigra* black mustard AG Cardamine oligosperma bittercress Lepidium campestre field peppergrass Nasturtium officinale* water cress FEW

Caprifoliaceae Honeysuckle Family Lonicera hispidula honeysuckle Lonicera interrupta honeysuckle

Caryophyllaceae Pink Family Cerastium glomeratum* mouse-ear chickweed AG Stellaria media* chickweed AG

Cornaceae Dogwood Family Cornus glabrata dogwood RW Cornus sericea red-osier dogwood RW

Convolvulaceae Morning-glory Family Calystegia occidentalis ssp. occidentalis western morning-glory

Ericaceae Heath Family Arbutus menziesii madrone Arctostaphylos viscida whiteleaf manzanita

Euphorbiaceae Spurge Family Chamaesyce maculata

Fabaceae Legume Family Acmispon americanus deerweed Acmispon brachycarpus deerweed Lathyrus latifolius* sweet pea Lathyrus nevadensis Sierra Nevada pea Cytisus scoparius* Scotch broom Lupinus formosus var. formosus lupine Lupinus nanus sky lupine AG Medicago sativa* alfalfa Melilotus alba* sweet-clover Robinia pseudoacacia* black locust

North Star Water Treatment Facility Biological Inventory A-3 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

Spartium junceum* Spanish broom Trifolium dubium* shamrock Trifolium hirtum* rose clover Trifolium variegatum white-tip clover Vicia benghalensis* purple vetch Vicia sativa ssp. nigra* common vetch

Fagaceae Oak Family Quercus chrysolepis canyon live oak Quercus kelloggii California black oak Quercus lobata Valley oak Quercus wislizenii interior live oak

Gentianaceae Gentian Family Centaurium tenuiflorum centaury Frasera albicaulis var. nitida

Geraniaceae Geranium Family Geranium molle* soft geranium AG Erodium botrys* storkbill AG Erodium cicutarium* storkbill AG

Hydrangeaceae Hydrangea Family Philadelphus lewisii wild mock orange

Hypericaceae St. John’s Wort Family Hypericum concinnum St. John’s wort Hypericum perforatum* Klamath weed

Juglandaceae Walnut Family Juglans californica California walnut

Lamiaceae (Labiatae) Mint Family Melissa officinalis* lemon balm Mentha spicata var. spicata* spearmint FEW Prunella vulgaris var. lanceolatus self-heal Stachys ajugoides hedge-nettle

Linaceae Flax Family Linum lewisii flax

Lythraceae Loosestrife Family Lythrum hyssopifolia hyssop loosestrife FEW

Malvaceae Mallow Family Sidalcea asprella ssp. asprella checker mallow

North Star Water Treatment Facility Biological Inventory A-4 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

Montiaceae Family Claytonia perfoliata ssp. perfoliata miner’s lettuce

Moraceae Mulberry Family Ficus carica* fig

Oleaceae Olive Family Fraxinus latifolia Oregon ash

Onagraceae Evening Primrose Family Epilobium brachycarpum willow-herb AG Epilobium campestre Epilobium ciliatum FEW Epilobium glaberrimum FEW Ludwigia palustris PP

Phrymaceae Lopseed Family Mimulus guttatus seep-spring monkeyflower MFW

Phytolaccaeae Pokeweed Family Phytolacca americana var. americana pokeweed

Plantaginaceae Plantain Family Plantago lanceolata* common plantain AG Veronica americana brooklime (speedwell) FEW Veronica anagallis-aquatica speedwell FEW

Polemoniaceae Phlox Family Collomia heterophylla collomia Linanthus parviflorus Navarretia intertexta navarretia Phlox speciosa

Polygalaceae Milkwort Family Polygala cornuta milkwort

Polygonaceae Buckwheat Family Polygonum aviculare* common knotweed AG Persicaria maculosa* smartweed FEW. Ochrea hairs short. Persicaria punctata water smartweed RW Rumex acetosella* sheep sorrel Rumex conglomeratus* clustered dock FEW Rumex crispus* curly dock FEW

North Star Water Treatment Facility Biological Inventory A-5 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

Primulaceae Primrose Family Trientalis latifolius starflower

Ranunculaceae Buttercup Family Clematis ligusticifolia Delphinium hesperium ssp. hesperium western (foothill) larkspur Ranunculus canus buttercup Ranunculus occidentalis western buttercup

Rhamnaceae Buckthorn Family Ceanothus integerrimus deer brush Ceanothus leucodermis chaparral whitethorn Ceanothus prostratus var. prostratus Mahala carpet Frangula californica ssp. tomentella hoary coffeeberry

Rosaceae Rose Family Amelanchier sp. service berry Chamaebatia foliolosa mountain misery Crataegus monogyna* (cultivated) hawthorn Heteromeles arbutifolia toyon Malus pumila* apple Physocarpus capitatus ninebark Poteridium (Sanguisorba) occidentalis western burnet Prunus subcordata cherry Pyracantha fortuneana* firethorn Pyrus communis* pear Rosa californica wild rose Rosa gymnocarpa Tentative identification based upon thorns; no flowers seen. Rosa rubiginosa* Rubus armeniacus* Armenian blackberry Formerly “Himalayan” Rubus laciniatus* cut-leaved blackberry Rubus leucodermis blackcap raspberry

Rubiaceae Madder Family Galium ambiguum bedstraw Galium aparine bedstraw Sherardia arvensis

Salicaceae Willow Family Populus fremontii Fremont cottonwood RW Salix laevigata red willow RW Salix lasiolepis arroyo willow RW

North Star Water Treatment Facility Biological Inventory A-6 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

Sapindaceae Family Acer macrophyllum big-leaf maple RW, FR (non-wetland) Acer negundo box eder

Scrophulariaceae Figwort Family Verbascum blattaria* moth mullein Verbascum thapsus* woolly mullein AG

Simaroubaceae Quassia Family Ailanthus altissima* tree-of-heaven

Vitaceae Grape Family Parthenocissus inserta* Virginia creeper Vitis californica wild (California) grape

North Star Water Treatment Facility Biological Inventory A-7 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

ANGIOSPERMS-MONOCOTYLEDONS

Alismataceae Alisma triviale water plantain FEW, PP Sagittaria latifolia wide-leaved arrowleaf PP

Alliaceae Onion Family Allium neapolitanum* onion Not in Jepson Manual. One patch by Allison Ranch Road.

Araceae Arum Family Lemna minor duckweed PP

Cyperaceae Sedge Family Carex feta sedge FEW Carex gracilior slender sedge FEW Carex multicaulis sedge Upland species. Carex leptopoda sedge FEW Cyperus eragrostis umbrella sedge FEW Eleocharis macrostachya creeping spike-rush FEW Scirpus microcarpus small-fruited bulrush FEW

Iridaceae Iris Family Iris hartwegii Hartweg’s iris

Juncaceae Rush Family Juncus dubius FEW Juncus balticus Baltic rush FEW Juncus bufonius toad rush FEW Juncus effusus soft rush FEW Juncus patens FEW Juncus tenuis slender rush FEW Juncus xiphioides iris-leaved rush FEW Luzula comosa wood rush

Liliaceae Lily Family Calochortus monophyllus yellow star tulip Fritillaria micrantha fritillary Lilium humboldtii Humboldt lily

Melanthaceae Trillium angustipetalum

Orchidaceae Orchid Family Cephalanthera austiniae ghost orchid Spiranthes romanzoffiana ladies-tresses FEW

North Star Water Treatment Facility Biological Inventory A-8 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

Poaceae Grass Family Arrhenatherum elatius tall oat grass AG Aegilops neglecta barbed goat-grass AG Agrostis exarata bent grass AG Agrostis stolonifera creeping bent grass FEW Aira caryophyllea silver hair grass AG Avena sp. wild oats Few plants from seeding. AG Briza minor tiny rattlesnake grass AG Bromus diandrus ripgut brome AG Bromus hordeaceus soft brome AG Bromus sterilis poverty brome AG Cynosurus echinata dog-tail grass Dactylis glomerata orchard grass AG Deschampsia cespitosa hair-grass FEW Deschampsia danthonioides annual hair-grass FEW Elymus glaucus blue wild-rye Festuca arundinacea tall fescue FEW Festuca (trachycaulus?) fescue From erosion control seeding. Festuca myuros foxtail fescue AG Festuca (Lolium) perenne Italian rye-grass AG Holcus lanatus velvet grass FEW Hordeum marinum ssp. gussoneanum Mediterranean barley AG Hordeum murinum ssp. leporinum wild (hare) barley AG Paspalum dilatatum dallis grass FEW Phalaris aquatica Harding grass AG Phalaris arundinacea reed canary grass Poa annua annual bluegrass AG Poa bulbosa bulb bluegrass AG Poa palustris fowl bluegrass FEW Poa pratensis Kentucky bluegrass Trisetum canescens

Themidaceae Brodiaea Family Triteleia ixioides ssp. unifolia golden brodiaea

Typhaceae Cattail Family Typha angustifolia narrow-leaved cattail FEW Typha latifolia broad-leaved cattail FEW

North Star Water Treatment Facility Biological Inventory A-9 Appendix A. Species List EcoSynthesis scientific & regulatory services, inc.

MAMMALIA MAMMALS Canis latrans coyote Detected by sign. Odocoileus hemionus black-tailed or mule deer Detected by sign. See text for discussion of subspecies that may be present on site (not differentiable by sign). Ursus americanus black bear Detected by scat, claw marks on tree, and directly observed by WME staff.

AVES BIRDS Anas platyrhynchos mallard Accipiter cooperi Cooper’s hawk Melanerpes formicivorus acorn woodpecker Sayornis nigricans black phoebe Corvus corax common raven Turdus migratorius American robin Pipilo crissalis California towhee Pipilo maculatus spotted towhee Junco hyemalis dark-eyed junco Melospiza melodia song sparrow Agelaius phoeniceus red-winged blackbird

AMPHIBIA AMPHIBIANS Hyla regilla Pacific chorus frog Seen and heard.

North Star Water Treatment Facility Biological Inventory A-10 Appendix A. Species List

Appendix B:

CNDDB Element List

North Star Biological Inventory

Selected Elements by Scientific Name California Department of Fish and Wildlife California Natural Diversity Database

Query Criteria: Quad is (Grass Valley (3912121) or French Corral (3912132) or Nevada City (3912131) or North Bloomfield (3912038) or Rough And Ready (3912122) or Chicago Park (3912028) or Wolf (3912112) or Lake Combie (3912111) or Colfax (3912018))

Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Accipiter gentilis ABNKC12060 None None G5 S3 SSC northern goshawk Ardea herodias ABNGA04010 None None G5 S4 great blue heron Calystegia stebbinsii PDCON040H0 Endangered Endangered G1 S1 1B.1 Stebbins' morning-glory Chlorogalum grandiflorum PMLIL0G020 None None G3 S3 1B.2 Red Hills soaproot Clarkia biloba ssp. brandegeeae PDONA05053 None None G4G5T4 S4 4.2 Brandegee's clarkia Emys marmorata ARAAD02030 None None G3G4 S3 SSC western pond turtle Fremontodendron decumbens PDSTE03030 Endangered Rare G1 S1 1B.2 Pine Hill flannelbush Fritillaria eastwoodiae PMLIL0V060 None None G3Q S3 3.2 Butte County fritillary Juncus digitatus PMJUN013E0 None None G1 S1 1B.1 finger rush Laterallus jamaicensis coturniculus ABNME03041 None Threatened G3G4T1 S1 FP California black rail Lathyrus sulphureus var. argillaceus PDFAB25101 None None G5T1T2 S1S2 3 dubious pea Lewisia cantelovii PDPOR04020 None None G3 S3 1B.2 Cantelow's lewisia Lycopodiella inundata PPLYC03060 None None G5 S1? 2B.2 inundated bog-clubmoss Margaritifera falcata IMBIV27020 None None G4G5 S1S2 western pearlshell Mielichhoferia elongata NBMUS4Q022 None None G4 S2 2B.2 elongate copper moss Pekania pennanti AMAJF01021 Proposed Candidate G5T2T3Q S2S3 SSC Threatened Threatened fisher - West Coast DPS Phrynosoma blainvillii ARACF12100 None None G3G4 S3S4 SSC coast horned lizard Poa sierrae PMPOA4Z310 None None G2G3 S2S3 1B.3 Sierra blue grass Rana boylii AAABH01050 None None G3 S2S3 SSC foothill yellow-legged frog

Commercial Version -- Dated December, 2 2014 -- Biogeographic Data Branch Page 1 of 2 Report Printed on Wednesday, December 17, 2014 Information Expires 6/2/2015 Selected Elements by Scientific Name California Department of Fish and Wildlife California Natural Diversity Database

Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Rana draytonii AAABH01022 Threatened None G2G3 S2S3 SSC California red-legged frog Rhynchospora capitellata PMCYP0N080 None None G5 S1 2B.2 brownish beaked-rush Sidalcea stipularis PDMAL110R0 None Endangered G1 S1 1B.1 Scadden Flat checkerbloom Vulpes vulpes necator AMAJA03012 None Threatened G5T1T2 S1 Sierra Nevada red fox Record Count: 23

Commercial Version -- Dated December, 2 2014 -- Biogeographic Data Branch Page 2 of 2 Report Printed on Wednesday, December 17, 2014 Information Expires 6/2/2015 REVISIONS No. DESCRIPTION YCK.APOE DATE APPROVED CHKD. BY CITY OF GRASS VALLEY TREATMENT PLANT WASTE WATER .Datum and projection: NAD 1983, California State Plane Zone II. 1. NOTES: .Narrow strips of Urban land cover (primarily pavement, but also including some existing dirt roads) occur 3. .Wetland delineation and habitat mapping are by Adrian Juncosa (EcoSynthesis Scientific & Regulatory 2. GOLDEN CENTER FWY Services, Inc.), based on field work carried out in 2013 and 2014. within the Mixed Conifer Forest habitat type; these strips could not be effectively mapped at this scale. (S. HWY 49 FREEMAN LANE

REFERENCES DWG No. DREW TUNNEL CROSS CUT DRAWING TITLE PINE CREEK SHOPPING CENTER PROPOSED DREW TUNNEL PIPELINE

DESIGNERS ENGINEERING RECORD PT-1 BY DATE SUBDIVISION CARRIAGE HOUSE PREPARED BY ROAD BYPASS ALLISON RANCH ENVIRONMENTAL, LLC. MILLER WORTHINGTON PT-2

PT-3 FREEMAN LANE FREEMAN MFW-1 PT-4 PT-8 PT-5 PT-9 MFW-2 Upland and Non-wetland Riparian Habitats MCF AG FR BB MFW-3 PT-6 AG FEW-1 STUDY AREA Mixed Conifer Forest Foothill Riparian (non-wetland) Blackberry Annual Grassland/Ruderal Mixed Conifer Forest BOUNDARY BB MCF PT-7 AG RW-1 BB NORTH STAR PIPELINE PROPOSED PP-1 FR PT-10 FR PREPARED FOR PT-11 FR Wetland and Other Waters MFW FEW RW PP ST PT P P ST-1

P P P Mixed Fen Wetland Freshwater Emergent Wetland Riparian Wetland Seasonal Tributary Perennial Tributary Perennial Pond P P P

P P P

AG P P P P P GYE P

P RW-2 P P P FEW-2

P P AG P PP-2 P

ASPHALT P P P P

ASPHALT P PROJECT: SCALE: P TITLE PROPOSED CONSTRUCTED WETLANDS POND MOTE LANE BIOLOGICAL INVENTORY AS SHOWN NORTH STAR HABITAT MAP FIGURE 2 PROPOSED SEDIMENTATION PONDS FILE: DATE: WETLANDS-001 DECEMBER 2014 RWN REVISION DRAWING