Tenaya Lodge Explorer Cabins Biotic Report

Project #3540-02

Prepared for:

Blair, Church & Flynn Consulting Engineers Isaac Wedam 451 Clovis Ave., Suite 200 Clovis, CA 93612

Prepared by:

H. T. Harvey & Associates

December 2014

7815 North Palm Avenue, Suite 310 Fresno, CA 93711  Ph: 559.476.3160  F: 559.476.3170 Executive Summary

H. T. Harvey & Associates (HTH) has prepared this biotic report to: 1) document the existing environmental conditions and biological resources on a parcel (the Project site) that has been proposed as the location of a high end camping facility consisting of Explorer Cabins (the Project); 2) identify the impacts of the Project on these resources; and 3) recommend mitigation measures to avoid, minimize or mitigate Project impacts. HTH followed the California Environmental Quality Act guidelines (State CEQA Guidelines) during the assessment of the level of significance of the Project’s potential impacts on biological resources. We proposed mitigation measures to reduce significant impacts to less-than-significant levels, when those impacts cannot be avoided. This report is intended to support the Project Proponent’s compliance with CEQA.

The Project site encompasses approximately 24.23 acres in Fish Camp, Mariposa County, California. The Project site is undeveloped, and is within the main timber belt of the central Sierra Nevada dominated by lower montane coniferous forest. Elevations on the Project site range from approximately 4970 to 5050 feet (ft) above sea level. The Project will include 34 prefabricated cabins, a clubhouse, a swimming pool, paved parking areas and roads, and campfire pits. The site plan has been designed to avoid wetlands, meadows, a pond, rock formations, and significant vegetation, and incorporates existing roads and clearings.

HTH ecologists performed background research, and an initial biological assessment to determine the site’s suitability for special-status species and to map natural communities on the site. Ecologists then performed the following focused surveys in October 2014:

• A tree inventory to identify and map of all trees and snags ≥20 inches diameter at breast height (dbh) • Evaluation of trees and snags to determine the presence of suitable rest site locations and potential den sites for the fisher (Pekania penanti) • Special-status amphibian and reptiles surveys, particularly to determine the presence or absence of the Sierra Nevada yellow-legged frog (Rana sierrae), foothill yellow-legged frog (Rana boylii), and northern western pond turtle (Actinemys marmorata) • A preliminary delineation of wetlands and other waters

Additional seasonally timed surveys would be required in 2015, or at the appropriate period prior to construction, for the following resources:

• Rare plant species • Special-status bat species • Nesting birds, including California spotted owl, northern goshawk, and other nesting raptors

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Nine natural communities or subclassifications of vegetation associations occur on the Project site: lower montane coniferous forest, alder/white fir/incense cedar riparian complex, willow shrub riparian/wetland, aspen forested wetland, wet meadow/freshwater emergent wetland, freshwater pond, perennial stream, intermittent stream, and drainage channel. All of the natural communities except montane coniferous forest (15.50 acres) could be considered to be sensitive and/or waters of the United States and State. Approximately 8.73 acres of potential jurisdictional waters were identified on the Project site, composed of approximately 6.51 acres wetlands and 2.22 acres of other waters. A separate Preliminary Delineation of Wetlands and Other Waters is being prepared that details these areas.

Of the 32 special-status plant species known to occur in the region, 19 have potential to occur on the Project site. No special-status plant species were observed on the Project site incidental to other surveys. Additional surveys would need to be conducted during the appropriate blooming periods when these rare plants are most easily identified to determine whether populations of special-status plants are likely to be affected by the Project.

Of the 53 special-status wildlife species known to occur in the region, 26 have the potential to occur or do occur on the Project site. The Project will not affect any federally or State-listed endangered or threatened species because these species are not expected to occur on the site. The West Coast Distinct Population Segment of fisher, which is federally proposed threatened and is a State candidate for threatened status, has potential to occur on the site. In addition, the Townsend’s big-eared bat (Corynorhinus townsendii), which is State candidate for threatened status, may also occur.

Fisher are known to occur in the area immediately surrounding Fish Camp, and suitable vegetation type and prey resources are present on the site. The focused habitat assessment determined that many of the large mature trees on the site had structures suitable for use by fishers as resting sites. Only five trees or snags on the site were determined to have cavities large enough for potential use as dens by fishers. Project impacts to active dens could be considered significant. No fisher sign was seen during the survey. Several bat species have potential to forage on the site, including pallid bat (Antrozous pallidus), spotted bat (Euderma maculatum), Townsend’s big-eared bat, western mastiff bat (Eumops perotis californicus), and western red bat (Lasiurus blossevillii). No impacts to foraging habitat of special-status bat species are expected. Only the pallid bat, western red bat, and western mastiff bat have potential to roost on the site, and impacts to roost sties could be considered significant. There is a remote possibility that American badger (Taxidea taxus) could occur in forest openings. Preconstruction surveys and avoidance of these mammal species are recommended.

Nineteen special-status bird species, or those designated as Birds of Conservation Concern, were identified to have potential to use the site for breeding or on a transitory basis. In addition, other species protected under the Migratory Bird Treaty Act may also nest on the site. The avian species with the greatest implications for Project development are the California spotted owl (Strix occidentalis occidentalis) and the northern goshawk (Accipiter gentilis), which could forage and nest on the Project site. It is recommended that all construction activities occur between 1 September and 28 February, which is outside of the nesting season. If construction must take place during this

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period, preconstruction surveys for nesting birds should be conducted to ensure that no active nests of these species will be disturbed during Project implementation.

No special-status amphibians or reptiles were detected during the surveys. Although suitable habitat exists on the site, these species are expected to be absent because: they were not observed during surveys sufficient to detect these species; the Sierra Nevada yellow-legged frog and foothill yellow-legged frog have experienced severe declines and are thought to be extirpated from this area; the Project site is slightly above the native elevational range of the northern western pond turtle; and nonnative American bullfrogs (Lithobates catesbeianus), fishes, and signal crayfish (Pacifastacus leniusculus) were abundant in aquatic habitats on the site and reduce the likelihood of occupancy by native amphibians and reptiles.

The Mariposa County General Plan requires that grading and development plans minimize the removal of native trees and groves of trees. In addition, the County of Mariposa will implement protection of heritage trees in 2018. In compliance with the General Plan, the Project has been designed to minimize the removal of native trees. However, two California black oak trees >20 inches diameter at breast height may be impacted by the Project, and could be considered to be heritage trees under future County policy.

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Table of Contents

Section 1.0 Introduction ...... 1 1.1 Purpose ...... 1 1.2 Location ...... 1 1.3 Project Description ...... 4 1.4 Regulatory Overview...... 4 1.4.1 Special-Status Species ...... 4 1.4.2 Raptors and Migratory Birds ...... 6 1.4.3 Natural Communities ...... 6 1.4.4 Wetlands and Waters ...... 6 1.4.5 County Plans and Regulations ...... 8 Section 2.0 Methods Used to Identify Sensitive Biological Resources Onsite...... 9 2.1 Background Review ...... 9 2.2 Preliminary Biological Assessment ...... 28 2.3 Focused Surveys ...... 28 2.3.1 Tree Inventory ...... 28 2.3.2 Fisher Survey ...... 29 2.3.3 Amphibians and Reptiles ...... 29 2.3.4 Wetland Delineation ...... 29 2.4 Future Surveys...... 30 Section 3.0 Environmental Setting ...... 32 3.1 Project Site Description ...... 32 3.2 Natural Communities on the Project Site ...... 32 3.2.1 Lower Montane Coniferous Forest ...... 32 3.2.2 Freshwater Forested/Shrub Wetland/Riparian ...... 34 3.2.3 Wet Meadow/Freshwater Emergent Wetland ...... 34 3.2.4 Freshwater Pond...... 35 3.2.5 Perennial Stream ...... 35 3.2.6 Intermittent Stream ...... 36 3.2.7 Drainage Channel ...... 36 Section 4.0 Special-status Plant and Wildlife Species ...... 37 4.1 Special-status Plants ...... 37 4.1.1 Bolander’s Bruchia Moss (Bruchia bolanderi) ...... 37 4.1.2 Bolander’s Woodreed (Cinna bolanderi) ...... 38 4.1.3 Congdon’s Eriophyllum (Eriophyllum congdonii) ...... 38 4.1.4 Congdon’s Lewisia (Lewisia congdonii)...... 38 4.1.5 Flaming Trumpet (Collomia rawsoniana) ...... 39 4.1.6 Madera Leptosiphon (Leptosiphon serrulatus) ...... 39 4.1.7 Meesia Moss (Meesia triquetra) ...... 39 4.1.8 Mountain Lady’s Slipper (Cypripedium montanum) ...... 40 4.1.9 Norris’ Beard Moss (Didymodon norrisii)...... 40 4.1.10 Orange Lupine (Lupinus citrinus var. citrinus) ...... 40 4.1.11 Ribbonleaf Pondweed (Potamogeton epihydrus) ...... 41 4.1.12 Short-leaved Hulsea (Hulsea brevifolia) ...... 41 4.1.13 Slender-stalked Monkeyflower (Mimulus gracilipes) ...... 41 4.1.14 Slender Stemmed Monkeyflower (Mimulus filicaulis) ...... 43 4.1.15 Small’s Southern Clarkia (Clarkia australis) ...... 43 4.1.16 Western Waterfan Lichen (Peltigera gowardii) ...... 43

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4.1.17 Yellow-lip Pansy Monkeyflower (Mimulus pulchellus)...... 44 4.1.18 Yosemite Onion (Allium yosemitense) ...... 44 4.1.19 Yosemite Woolly Sunflower (Eriophyllum nubigenum) ...... 44 4.2 Special-status Wildlife ...... 45 4.2.1 American Badger (Taxidea taxus) ...... 45 4.2.2 Fisher (Pekania pennanti), West Coast Distinct Population Segment ...... 46 4.2.3 Pallid Bat (Antrozous pallidus) ...... 47 4.2.4 Spotted Bat (Euderma maculatum) ...... 50 4.2.5 Townsend’s Big-eared Bat (Corynorhinus townsendii) ...... 50 4.2.6 Western Mastiff Bat (Eumops perotis californicus) ...... 51 4.2.7 Western Red Bat (Lasiurus blossevillii) ...... 51 4.2.8 Bald Eagle (Haliaeetus leucocephalus) ...... 52 4.2.9 Black Swift (Cypseloides niger) ...... 52 4.2.10 California Spotted Owl (Strix occidentalis occidentalis) ...... 53 4.2.11 Great Gray Owl (Strix nebulosa) ...... 53 4.2.12 Northern Goshawk (Accipiter gentilis) ...... 54 4.2.13 Olive-sided flycatcher (Contopus cooperi) ...... 55 4.2.14 Peregrine falcon (Falco peregrinus) ...... 55 4.2.15 Vaux’s Swift (Chaetura vauxi)...... 56 4.2.16 Willow Flycatcher (Empidonax traillii) ...... 56 4.2.17 Foothill Yellow-legged Frog (Rana boylii) ...... 57 4.2.18 Sierra Nevada Yellow-legged Frog (Rana sierrae) ...... 58 4.2.19 Northern Western Pond Turtle (Actinemys marmorata)...... 58 4.3 Designated Critical Habitat ...... 60 4.4 Migratory Birds ...... 60 Section 5.0 Sensitive and Regulated Habitats ...... 61 5.1 Tree Inventory ...... 61 5.2 Sensitive Natural Communities ...... 61 5.3 Jurisdictional Wetlands and Other Waters ...... 61 Section 6.0 Environmental Impacts ...... 64 6.1 Significance Criteria ...... 64 6.2 California Rare Plant Ranked Plants ...... 65 6.3 Direct and Indirect Impacts ...... 65 6.3.1 Criterion A: Adverse Effects on Candidate, Sensitive, or Special-status Species ...... 65 6.3.2 Criterion B: Adverse Effects on Sensitive Natural Communities ...... 76 6.3.3 Criterion C: Adverse Effects on Federally Protected Wetlands, as Defined by Section 404 of the Clean Water Act ...... 78 6.3.4 Criterion D: Adverse Effects on the Movement of Any Native Resident or Migratory Fish or Wildlife Species or with Established Native or Migratory Wildlife Corridors, or the Use of Native Wildlife Nursery Sites ...... 78 6.3.5 Criterion E: Conflict with Any Local Policies or Ordinances Protecting Biological Resources, Such as a Tree Preservation Policy or Ordinance ...... 79 6.3.6 Criterion F: Conflict with an Adopted Habitat Conservation Plan, Natural Community Conservation Plan, or Other Approved Local, Regional, or State Habitat Conservation Plan ...... 80 6.4 Cumulative Impacts ...... 80 Section 7.0 References ...... 81 7.1 Literature Cited ...... 81 7.2 Personal Communications ...... 87

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Figures

Figure 1. Vicinity Map ...... 2 Figure 2. Proposed Site Map ...... 3 Figure 3. Biotic Habitats on the Project Site ...... 33 Figure 4. California Natural Diversity Database Search Results ...... 42 Figure 5. Tree Inventory ...... 49 Figure 6. Potentially Jurisdictional Wetlands and Other Waters ...... 63

Tables

Table 1. Potential for Special-status Plants to Occur on the Project Site ...... 11 Table 2. Potential for Special-status Animals to Occur on the Project Site ...... 19 Table 3. Summary of Surveys Conducted ...... 28 Table 4. Summary of Potentially Jurisdictional Areas ...... 62

Appendices

Appendix A. Site Photographs ...... A-1 Appendix B. Plant Species Observed on the Project Site ...... B-1 Appendix C. Wildlife Species Observed on the Project Site ...... C-1 Appendix D. Amphibian and Reptile Survey Map and Datasheets ...... D-1

Preparers

Brian Boroski, Ph.D., Vice President Amy Sparks, J.D., Senior Regulatory Specialist Susan V. Christopher, Ph.D., Senior Wildlife Ecologist, Project Manager Doug Drynan, M.S., Senior Wildlife Ecologist Ethan Barnes, M.S., Plant Ecologist Jacquelyn D. Maher, M.S., Wildlife Ecologist Monica Cong, Wildlife Ecologist

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Section 1.0 Introduction

1.1 Purpose

H. T. Harvey & Associates (HTH) has prepared this biotic report to: 1) document the existing environmental conditions and biological resources on a parcel (the Project site) that has been proposed as the location of a high end camping facility consisting of Explorer Cabins (the Project); 2) identify the impacts of the Project on these resources; and 3) recommend measures to avoid, minimize, or mitigate Project impacts. Qualified HTH ecologists performed background research and an initial assessment in 2013 to evaluate the site’s suitability for special-status species, and to map habitats on the site. Ecologists then performed several focused surveys in 2014 to identify potential sensitive biological resources on the site. HTH followed the California Environmental Quality Act guidelines (State CEQA Guidelines) during the assessment of the level of significance of the Project’s potential impacts on biological resources. We proposed mitigation measures to reduce significant impacts to less-than- significant levels, when those impacts cannot be avoided. This report is intended to support the Project Proponent’s compliance with CEQA.

1.2 Location

The Project site is on the western slope of the central Sierra Nevada Mountains, approximately 2.8 miles south of the southern entrance to Yosemite National Park, and 12.6 miles north of Oakhurst (Figure 1). The Project site consists of approximately 24.23 acres in Fish Camp, Mariposa County, California (Figure 2). It is located on the Fish Camp, California 7.5-minute U.S. Geological Survey (USGS) topographic map; in Sections 23, 24, and 26 of Township 5S and Range 21E; and is represented by Assessor’s Parcel Number 010-350-008. The Project is bounded to the south by Tenaya Lodge at Yosemite, a resort operated by Delaware North Companies Parks & Resorts, the Project Proponent. It is bounded to the west by State Route (SR) 41, and to the north and east by private property, including single-family residences and the Green Meadows Outdoor School. The Sierra National Forest surrounds the community of Fish Camp.

The site is in the Big Creek watershed, which drains into the South Fork of the Merced River. On the USGS 7.5- minute Fish Camp quadrangle, Big Creek is shown west and north of SR 41; the portion of the drainage within and east of the Project site is labeled as Big Rainier Creek; and the headwaters in Madera County are labeled Rainier Creek. However, many documents reviewed referred to the entire drainage as Big Creek.

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Squirrel Creek CALAVERAS Detail FOREST DR ChilnualnaChilnualna Creek Creek Sonora TUOLUMNE California S out th Forrk Mer rced R WAWONA Rive 120 MONO er 120

MEADOW CIRCLE RD 49 140 41

k k MARIPOSA ee ee rr 59 Rush CC Mariposa 140

Project MERCED Vicinity

MADERA B 152 ii gg

C Madera C 145

r r ee e k 168 FRESNO 99 180 Fresno

269 33 0 20 kk 41 TULARE ee

e e r r Miles CC

l

l ee 5S06 rr 25 RainierRainier CreekCreek uu aa LL 5S22

5S06

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SUMMIT RD eekk Mariposa ree C r w ddoo eeaa 5S43 M gg M Lon

5S37

SUMMIT RD CEDAR AVE FISH hiieff Brranch e C Project Site hhiitt CAMP Raiiniier Cr kk W ree 5S22

JACKSON RD 6S07

LEWIS 6S07 FORK

Madera

41

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LOCUST RD

630 M ia m 5S19

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C a rt te 6S90 r C r re e k Peterson Creek 6S47Y

628 1 0.5 0 1 Sources: Esri, HERE, DeLorme, USGS, Intermap,6S97 increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), Miles TomTom, MapmyIndia, © OpenStreetMapCALVIN CREST contributors, RD and the GIS User Community 6S70 N:\Projects3500\3540-01\02\Report\Biotic Report\Figure1 Vicinity Map.mxd Figure 1: Vicinity Map Tenaya Lodge Explorer Cabins Biotic Report (3540-02) November 2014 LEGEND Project Site Explorer Cabins Project

Fish Camp

Tenaya Lodge

350 175 0 350 Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, Feet swisstopo, and the GIS User Community N:\Projects3500\3540-01\02\Report\Biotic Report\Figure2 Proposed Site Map.mxd Figure 2: Proposed Site Map Tenaya Lodge Explorer Cabins Biotic Report (3540-02) November 2014

1.3 Project Description

The Project will include 34 prefabricated cabins, a clubhouse, swimming pool, paved parking areas and roads, and campfire pits (Figure 2). The site plan has been designed to avoid wetlands, meadows, a pond, rock formations, and significant vegetation, to the extent practicable, and incorporates existing roads and clearings. Only the clubhouse will be located near Big Rainier Creek, and the placement of the cabins and roads has been designed to avoid stream and riparian habitats. The goal of the Project is to offer guest accommodations in a natural setting, with the conveniences of a resort. The facility would also host occasional gatherings such as weddings and banquets.

The prefabricated cabins would each be approximately 500 square feet (ft) and equipped with sanitary sewer, potable water, electricity, telephone, data, and cable television or equivalent. Wastewater will be pumped to the Tenaya Lodge Wastewater Treatment Plant. Domestic water will be provided by the existing community well on the site. Electrical power and telephone will be obtained from existing transmitting facilities located west of SR 41, near the proposed entrance to the development. Electric and telephone cables will be underground and placed within a common trench. The layout of the cabins has been envisioned to provide different opportunities, including several cabins with views of the creek and meadow; some in groups to create a communal space; and others spaced widely apart to preserve the surrounding natural character and feeling of seclusion. In addition, the cabins will be positioned as far from SR 41 as possible to include a natural buffer from the highway.

The existing unpaved roads and the natural topography were the bases for laying out the Project roads and parking areas on the site plan. Access to the site will be provided by the existing single-lane dirt road from SR 41, which will be improved as a two-lane paved entrance road. Single-lane paved roads will provide access to the cabin parking areas. Undeveloped areas will be maintained around the cabins to enhance the forest experience. The entrance road will also be used to access a 0.5-ac parcel that will be subdivided out of the existing parcel and deeded to the current owner. The entrance road will intersect an existing private lane that provides access to a separate property to the east (Figure 2).

The Project will include the construction of a clubhouse, which will house guest registration, administrative offices, recreational opportunities, continental breakfast, happy hour, and occasional gatherings such as weddings and banquets. The clubhouse will overlook Big Rainier Creek on the eastern boundary of the Project site. A large deck and swimming pool will be located just outside the clubhouse. Up to four campfire locations are planned, to be strategically placed at gathering areas and by the clubhouse.

1.4 Regulatory Overview

1.4.1 Special-Status Species

Special-status species considered under CEQA include plants and animals listed, proposed for listing, or candidates for listing as threatened or endangered under the federal Endangered Species Act (ESA) or the California Endangered Species Act (CESA); animals listed as fully protected by the California Department of Fish

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and Wildlife (CDFW)1; animals designated as species of special concern by CDFW; plant species considered by the California Native Plant Society (CNPS) to be categorized as a California Rare Plant Rank (CRPR) 1, 2, 3, or 4 (CNPS 2014); plant species listed as rare under the California Native Plant Protection Act (California Fish and Game Code, Section 1900 et seq.); and locally significant species, which include species that may not be rare from a statewide perspective but are rare or uncommon in a local context, or are designated as such in local or regional plans, policies, or ordinances.

ESA provisions protect federally listed threatened and endangered species and their habitats from unlawful take. Under ESA, take is defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any of the specifically enumerated conduct.” U.S. Fish and Wildlife Service (USFWS) regulations define harm to mean “an act which actually kills or injures wildlife.” Such an act “may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering” (Title 50, Code of Federal Regulations [CFR], Section 17.3). USFWS regulates activities that may result in take of individuals. Proposed species are not afforded legal protection under ESA; however, proposed species typically receive special attention during the environmental review process.

CESA provides for the protection and preservation of native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, and their habitats, that are threatened with extinction and those experiencing a significant decline which if not halted would lead to a threatened or endangered designation. Section 2080 of the California Fish and Game Code prohibits take (i.e., “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”) of any State-listed threatened or endangered species. CDFW regulates activities that may result in take of individuals. Habitat degradation or modification is not expressly included in the definition of take under the California Fish and Game Code. CESA allows for take incidental to otherwise lawful development projects under an Incidental Take Permit process (California Fish and Game Code, Section 2081). The process applies to species that are candidates for listing under CESA.

Additionally, the California Fish and Game Code lists vertebrate species as “fully protected” if they are sufficiently rare or face possible extinction. As originally enacted, California Fish and Game Code (Sections 3511 [birds], 4700 [mammals], 5050 [reptiles and amphibians], and 5515 [fish]) states that fully protected species “may not be taken or possessed at any time and no licenses or permits may be issued for their take except for collecting these species for necessary scientific research and relocation of the bird species for the protection of livestock.” In 2011, a law was enacted that authorizes incidental take of fully protected species as long as any take authorization is issued in conjunction with the approval of a Natural Community Conservation Plan (NCCP) that covers the fully protected species. In addition, CDFW maintains a list of species of special concern for those species in which declining population levels, limited ranges, and/or continuing threats have made them vulnerable to extinction. The goal of designating species as special concern is to halt or reverse their decline early enough to secure their long-term viability. Species of special concern may receive special attention during environmental review, but do not have statutory protection.

1 Title 14, California Code of Regulations, Division 1, Subdivision 1, Chapter 2, Article 4, Section 5.93.

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ESA and CESA emphasize early consultation to avoid impacts on rare, endangered, and threatened species. As part of the consultation process, project proponents are directed to develop appropriate mitigation planning to offset project effects on listed species and their habitats.

1.4.2 Raptors and Migratory Birds

Raptors (e.g., eagles, hawks, and owls) and their nests are protected under both federal and State regulations. Birds of prey are protected in California under the State Fish and Game Code Section 3503.5, which states, “it is unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this Code or any regulation adopted pursuant thereto.” Disturbance that causes nest abandonment or loss of reproductive effort is considered take by CDFW. Eagles are protected under the Bald and Golden Eagle Protection Act. The federal Migratory Bird Treaty Act (MBTA)2 prohibits killing, possessing, or trading in migratory birds, except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, bird nests, and eggs. The act restricts construction disturbance during the nesting season that could result in the incidental loss of fertile eggs or nestlings or otherwise lead to nest abandonment. The MBTA has no provision allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities.

An amendment to the Fish and Wildlife Conservation Act mandates USFWS to “identify species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the ESA.” The designation of a list of Birds of Conservation Concern (USFWS 2008) carries out this mandate. The species designated as Birds of Conservation Concern include some non-MBTA- protected species because their conservation status and efforts are of concern to USFWS.

1.4.3 Natural Communities

Sensitive natural communities have been designated by CDFW, and are tracked in the California Natural Diversity Database (CNDDB). These communities are of limited distribution statewide or within a county or region, and are often vulnerable to environmental effects of projects. These communities may or may not contain special- status species. Project impacts on sensitive natural communities are assessed by agencies undertaking CEQA review. Wetland and stream habitats are generally considered to be sensitive natural communities.

1.4.4 Wetlands and Waters

Section 404 of the Clean Water Act established a program to regulate the discharge of dredged and fill material into waters of the United States. The phrase waters of the United States means the extent of geographic jurisdiction of the Section 404 program. The term includes such waters as rivers, lakes, streams, and most wetlands. Specifically, waters of the United States include traditional navigable waters (TNWs); interstate waters, including interstate wetlands; the territorial seas; impoundments of TNWs, interstate waters, interstate wetlands, the

2 Title 16, United States Code (USC), Section 703, Supplement I, 1989.

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territorial seas, and tributaries; tributaries of TNWs, interstate waters, or the territorial seas; and adjacent waters, including adjacent wetlands (Title 79, Federal Register [FR], Section 22188). USACE defines wetlands as having three parameters: hydrophytic vegetation, hydric soils, and wetland hydrology.

In nontidal waters of the United States, USACE jurisdiction extends to the Ordinary High Water Mark (OHWM), defined in 33 CFR 328.3 as “the line on the shore established by the fluctuations of water and indicated by physical characteristics, such as a clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation or the presence of litter and debris.” Identification of the OHWM is conducted by examining physical evidence of surface flow in the stream channel.

In addition, other waters could be determined to be waters of the United States on a case-specific basis by showing that, either alone or in combination with similarly situated other waters in the region, they have a significant nexus to a TNW, interstate water, or the territorial seas. A significant nexus is a chemical, physical, or biological connection between tributaries and downstream other waters. Hydrologic connection alone may not suffice in all cases to establish USACE jurisdiction, and there must be ecological significance of the connection such as influence on downstream water quality; transport of wood, sediment, nutrients, pesticides, or metals; functions such as storing and cleansing water; movement of organisms or their seeds or eggs; or hydrologic or biogeochemical interactions among surface or groundwater flows (79 FR 22188).

USACE jurisdiction under the Clean Water Act extends to the tributaries of navigable waters. Jurisdiction is recognized even when a tributary flows for a significant distance before reaching a navigable water; is several times removed (i.e., is tributary to more tributaries); or flows some distance through artificial features such as ditches, culverts, pipes, storm sewers, or ponds—waters with artificial features can be considered jurisdictional.

The State Water Quality Control Board is tasked with protecting the waters of the State under the Porter- Cologne Water Quality Control Act. Waters of the State are defined as “all surface water or groundwater, including saline waters, within the boundaries of the state of California.” The Water Boards’ responsibility for protecting waters of the State is further necessitated by statewide policies including the Wetlands Conservation Policy (Executive Order W-59-93), also known as the state’s “no net loss” policy for wetlands.

California Fish and Game Code Section 1602 requires that CDFW be notified of any proposed activity that may substantially modify a river, stream, or lake. This includes “intermittent and ephemeral streams, rivers, creeks, dry washes, sloughs, blue-line streams on USGS maps, and watercourses with subsurface flows. Canals, aqueducts, irrigation ditches, and other means of water conveyance can also be considered streams if they support aquatic life, riparian vegetation, or stream-dependent terrestrial wildlife” (California Department of Fish and Game [CDFG] 1994).

Project impacts to jurisdictional wetlands and waters would require a Section 404 permit from the USACE and a Section 401 permit from the State Water Quality Control Board. Impacts to rivers or streams would require a Lake or Streambed Alteration Agreement from CDFW.

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1.4.5 County Plans and Regulations

The County of Mariposa’s (County’s) (2006) General Plan Policy 11-4 is “Conserve the diversity of native ecosystems, plant communities, wildlife habitat, and plant and animal species in the County.” Under this policy, Implementation Measure 11-4a(1) directs the County to implement an Environmental Conservation Program that includes development standards and programs conserving, protecting and mitigating the impacts on:

• significant and sensitive habitat including wildlife migration corridors, • breeding and nesting areas (as seasonally appropriate), • known occurrences of special-status animal species, • riparian habitat around bodies of water and along watercourses and seasonal drainages, • known occurrences of special-status plant species, and • significant and sensitive plant communities.

Implementation Measure 11-4a(6) directs the County to require compliance with federal and State regulations as part of the environmental review process to determine the presence of absence of endangered species and their habitat; threatened or rare wildlife and plant species and their habitat; breeding raptors and migratory birds; sensitive natural plant communities; native wildlife migration corridors; and jurisdictional wetlands or other waters of the United States. Under Implementation Measure 11-4a(8), during project review and environmental analysis, the County must comply with federal and State regulations to require measures that protect and avoid the aforementioned sensitive biological resources.

In addition, Implementation Measure 11-4a(2) states that “Site development and grading review should minimize the removal of native trees and groves of trees.” Currently, the County does not have a policy or ordinance to protect heritage trees under the General Plan, and voluntary guidelines have not been established. However, Implementation Measure 11-4a(1) has been subsequently revised to include protection of heritage trees, which will be effective in 2018 (County of Mariposa 2014). Therefore, depending on when the Project is implemented, protection of heritage trees may be required.

Lastly, the Fish Camp Specific Plan notes that four species of rare plants are known to occur in the vicinity, including flaming trumpet (Collomia rawsoniana), Yosemite woolly sunflower (Eriophyllum nubigenum), Madera leptosiphon (Leptosiphon serrulatus)3, and orange lupine (Lupinus citrinus var. citrinus). The Specific Plan requires focused surveys to be conducted and any populations of rare and endangered plants to be protected through project avoidance or easements (County of Mariposa 2009).

3 Formerly Madera linanthus (Linanthus serrulatus)

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates 8 Biotic Report December 2014

Section 2.0 Methods Used to Identify Sensitive Biological Resources Onsite

2.1 Background Review

Prior to performing field surveys, HTH ecologists reviewed aerial photographs and USGS topographic maps of the Project site and surrounding area. Topographic map software was used to generate Project site elevations, evaluate hydrology, and measure distances from the Project site to special-status species records (Terrain Navigator Pro Version 9.5.1). HTH ecologists searched databases and other available information to compile a list of sensitive biological resources that could potentially occur at the Project site. This included a nine-quadrangle search for special-status plants and animals and sensitive natural communities recorded in the CNDDB (CDFW 2014a). Protected migratory bird species documented in Mariposa and Madera counties were obtained from USFWS (2014a). Federally listed species occurring in the USGS 7.5-minute Fish Camp and White Chief Mountain quadrangles were obtained from USFWS (2014b). Other sources of species distribution information were obtained online (CDFW 2014b; Consortium of California Herbaria 2014; Cornell Lab of Ornithology 2014a; CNPS 2014; National Oceanic and Atmospheric Administration [NOAA] Fisheries 2014), from museum records (Arctos 2014; Berkeley Mapper 2014), from publications (McGinnis 1984; Weeden 1988; Jennings and Hayes 1994; Sibley 2000; Stebbins 2003), and using mobile applications (Mitch Waite Group 2013).

Species taxonomy of plants was based upon Calflora (2014) for common names and The Jepson Herbarium (2014) for scientific names. Plant listing status and CRPR for plants was based on CNPS (2014). Taxonomy and listing status of animals was based on CDFW (2014c). Nomenclature for amphibians and reptiles was based on updated information reported on CaliforniaHerps.com (2014) and Society for the Study of Amphibians and Reptiles (2014). Wildlife community associations and resource requirements were obtained from various sources (Williams 1986; Jennings and Hayes 1994; Stebbins 2003; Audubon 2014; California Fish Website 2014; CDFW 2014b; Cornell Lab of Ornithology 2014b; Pacific Southwest Research Station 2014).

The species background review was compiled into Table 1 for plants and Table 2 for animals, and included all special-status species that have been recorded in the nine-quadrangle search area. We performed an evaluation of the potential for occurrence for special-status plant species within the Project site based on habitat associations (i.e., communities, soils, hydrologic conditions, and elevational range), species’ distribution patterns (i.e., restricted to limited areas or widely distributed), and distance to recent recorded locations. For example, if suitable vegetative and soil conditions were present on the site and there were recent records in the vicinity (i.e., within about 10 miles), but the Project site was outside of the species’ elevational range, the species was considered to be unlikely to occur. The potential for occurrence of animal species within the Project site was based on spatial distance to known populations, biogeography, and species distribution dispersion or limitations. For animal species with a continuous distribution or a dispersed pattern that overlapped the Project site geographically and at the same elevational range, the occurrence of appropriate natural communities on the site and resources necessary for key life history functions were evaluated. Structures suitable for nesting, denning, and roosting were searched

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates 9 Biotic Report December 2014

for during the surveys to document presence or evaluate the potential for these structures to occur. In Tables 1 and 2, “present” indicates that the species or its sign was found during the surveys, or that records obtained during the background review show that the species occurs on the Project site (or Fish Camp). “Possible” indicates that, although the species was not observed during the surveys, habitat conditions on the Project site are appropriate, and the species is known to occur in the Project vicinity. “Unlikely” is given if habitat is marginal or the site is slightly outside the species’ local distribution, and was not seen during the surveys. “Absent” indicates that a full complement of focused or protocol-level surveys was conducted and the results were negative, or that the site is outside the species’ range, and/ or that habitat for the species is absent.

Background on the distribution of wetlands in the area was obtained from the National Wetlands Inventory (NWI) (USFWS 2014c). Soils data were obtained from the Web Soil Survey (Natural Resources Conservation Service [NRCS] 2014). Regional planning documents were also reviewed to determine sensitive biological resources in the Project vicinity and evaluate consistency of the Project with local plans (County of Mariposa 2006, 2009, 2014).

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates 10 Biotic Report December 2014

Table 1. Potential for Special-status Plants to Occur on the Project Site Communities, Soils, Elevational Range, and Name Status1 Blooming Period Potential for Occurrence on Project Site2 Plants Abrams’ onion 1B.2 Lower montane coniferous forest, upper Absent. Although suitable communities Allium abramsii montane coniferous forest and soils exist, and the site is within the Often on granitic sand substrates elevational range of the species, the Project site appears to be outside of the 2093–10,006 ft species’ local distribution. The only record May–Jul in the vicinity is a historic collection near Bass Lake, but locality has not been verified. All documented locations are between Bass Lake and Shaver Lake. Beaked clarkia 1B.3 Cismontane woodland, valley and foothill Absent. Suitable communities and soils are Clarkia rostrate grassland absent, and Project site is outside of the North-facing slopes, sometimes on species’ elevational range and local distribution. 11 sandstone

196–1640 ft Apr–May Big-scale balsamroot 1B.2 Chaparral, cismontane woodland, valley Absent. Project site is outside of the Balsamorhiza macrolepis and foothill grassland species local distribution and at the upper Sometimes serpentine edge of the species’ elevational range. Suitable communities and soils are absent. 295–5101 ft Mar–Jun Bolander’s bruchia moss 2B.2 Lower montane coniferous forest, upper Unlikely. Suitable communities and Bruchia bolanderi montane coniferous forest, meadows and hydrologic conditions are present, seeps especially in the wet meadow, but the Damp soil Project site is below this species’ elevational range. Recorded from higher 5577–9187 ft elevations surrounding the area.

Communities, Soils, Elevational Range, and Name Status1 Blooming Period Potential for Occurrence on Project Site2 Bolander’s clover 1B.2 Meadows and seeps, lower montane Absent. Although suitable communities Trifolium bolanderi coniferous forest, upper montane coniferous and hydrologic conditions are present, forest and the species is recorded 6 miles east of Mesic substrates, moist mountain meadows the Project, the Project site is outside the species elevation range. The nearest 6689–8531 ft localities are at 7000 to 7600 ft elevation. Jun–Aug Bolander’s woodreed 1B.2 Meadows and seeps, upper montane Unlikely. Suitable communities and Cinna bolanderi coniferous forest hydrologic conditions are present and the Mesic substrates, streamsides species is recorded in the vicinity, but the Project site is slightly below this species’ 5479–8006 ft elevational range. Jul–Sep Colusa grass FT, SE, 1B.1 Vernal pools (adobe, large) Absent. Vernal pools and suitable soils are Neostapfia colusana 16–657 ft not present on the site, the Property is greatly outside of the species’ elevational 12 May–Aug

range, and it does not occur in the vicinity. Congdon’s eriophyllum SR, 1B.2 Chaparral, cismontane woodland, lower Unlikely. Suitable communities are Eriophyllum congdonii montane coniferous forest, valley and present, but specific soil requirements foothill grassland (rocky slopes) are absent. Site is within Rocky, metamorphic substrate, in cracks in elevational range but slightly outside of rock outcroppings and an talus; sometimes the species’ local distribution. with Quercus douglasi and Aesculus californica 1640–6234 ft Apr–Jun

Communities, Soils, Elevational Range, and Name Status1 Blooming Period Potential for Occurrence on Project Site2 Congdon’s lewisia SR, 1B.3 Chaparral, cismontane woodland, lower Unlikely. Suitable communities are Lewisia congdonii montane coniferous forest, upper montane present, but specific requirements (rocky conifer forest, valley and foothill grassland slopes with northern exposure) are absent. Granitic or metamorphic, mesic sites, north Site is within elevational range and exposures, in crevices on slopes among regional distribution, but appears to be rocks restricted to limited areas not in the immediate vicinity. 1640–9187 ft Apr–Jun Flaming trumpet 1B.2 Riparian forest, lower montane coniferous Possible. Suitable communities and soils Collomia rawsoniana forest, meadows and seeps are present, the site is within the species’ Mesic substrates, on stabilized alluvium in elevational range, and there are records riparian zones in the vicinity. 2559–7218 ft Jul–Aug 13 FE, SR, 1B.1 Vernal pools Greene’s tuctoria Absent. Vernal pools are not present on Tuctoria greenei 98–3511 ft the site, the site is outside of the species’ elevational range, and it does not occur May–Sep in the vicinity. Hairy Orcutt grass FE, SE, 1B.1 Vernal pools Absent. Vernal pools are not present on Orcuttia pilosa 150–657 ft the site, the site is greatly outside of the species’ elevational range, and it does May–Sep not occur in the vicinity. Hartweg’s golden sunburst FE, SE, 1B.1 Cismontane woodland, valley and foothill Absent. Suitable communities and soils are Pseudobahia bahiifolia grassland not present on the site, the Property is Clay, often acidic substrates greatly outside of the species’ elevational range, and it does not occur in the 49–493 ft vicinity. Mar–Apr Hoover’s sandmat FT, 1B.2 Vernal pools Absent. Vernal pools are not present on Chamaesyce hooveri 82–820 ft the site, the site is greatly outside of the species’ elevational range, and it does Jul–Oct not occur in the vicinity.

Communities, Soils, Elevational Range, and Name Status1 Blooming Period Potential for Occurrence on Project Site2 Madera leptosiphon 1B.2 Cismontane woodland, lower montane Unlikely. Suitable communities and soils Leptosiphon serrulatus coniferous forest are present and the species occurs in the Dry slopes, often on decomposed granite vicinity but at lower elevations. 984–4266 ft Apr–May Mariposa pussypaws FT, 1B.1 Chaparral, cismontane woodland Absent. Suitable communities and soils are Calyptridium pulchellum Sandy or gravelly, granitic substrates, on absent, and the species occurs only at granite domes, restricted to exposed sites lower elevations in the vicinity. 1312–3938 ft Apr–Aug Meesia moss 4.2 Bogs and fens, meadows and seeps, Possible. Suitable communities are Meesia triquetra subalpine coniferous forest, upper montane present, the site is within the species’ coniferous forest elevational range, and the it is widely distributed near the site. 14 4265–9689 ft

Jul Mountain lady’s slipper 4.2 Broadleaved upland forest, cismontane Possible. Suitable communities and soils Cypripedium montanum woodland, lower montane coniferous forest, are present, and the site is within the North Coast coniferous forest elevational range and local distribution. 606–7300 ft Mar–Aug Norris’ beard moss 2B.2 Cismontane woodland, lower montane Unlikely. Suitable communities and mesic Didymodon norrisii coniferous forest conditions are present, some rocky areas Intermittently mesic, rocky substrates exist onsite, and the site is within the species’ elevational range. However, 1968–6474 ft species has a very wide distribution and while the site is within the range, there are no records in the vicinity. Northern clustered sedge 2B.2 Bogs and fens, North Coast coniferous forest Absent. Suitable communities are absent Carex arcta Mesic substrates and the site is outside of the species’ elevational range. Species has a broadly 196–4594 ft scattered distribution and the only Jun–Sep location in the vicinity is from 1887.

Communities, Soils, Elevational Range, and Name Status1 Blooming Period Potential for Occurrence on Project Site2 Orange lupine 1B.2 Chaparral, cismontane woodland, lower Possible. Suitable communities and soils Lupinus citrinus var. citrinus montane coniferous forest are present, the site is within the species’ Rocky, decomposed granitic outcrops, elevational range, and there are records usually open areas on flat to rolling terrain in the vicinity. 1246–5578 ft Apr–Jul Ribbonleaf pondweed 2B.2 Marshes and swamps (shallow, freshwater) Possible. The pond may be suitable, the Potamogeton epihydrus 1210–7126 ft site is within the species’ elevational range, and there are records in the Jun–Sep vicinity. San Joaquin Valley Orcutt grass FT, SE, 1B.1 Vernal pools Absent. Vernal pools are not present on Orcuttia inaequalis 32–2477 ft the site, the site is greatly outside of the species’ elevational range, and it does Apr–Sep not occur in the vicinity.

15 Short-leaved hulsea 1B.2 Lower montane coniferous forest, upper Possible. Suitable communities and soils Hulsea brevifolia montane coniferous forest are present, the site is within the species’ Granitic or volcanic soils in forest openings elevational range, and there are records and road cuts, gravelly or sandy substrates 3 mi upstream from the Project site in Big Creek and 1 mi east in Lewis Fork. 4921–10,499 ft May–Aug Slender-stalked monkeyflower 1B.2 Chaparral, cismontane woodland, lower Unlikely. Suitable communities are present Mimulus gracilipes montane coniferous forest but specific soils required are absent and Thin granitic soil in cracks in large granite known to occur in the vicinity at lower rocks, often in burned or disturbed areas elevations. 1640–4266 ft Apr–Jun

Communities, Soils, Elevational Range, and Name Status1 Blooming Period Potential for Occurrence on Project Site2 Slender stemmed monkeyflower 1B.2 Cismontane woodland, lower montane Possible. Suitable communities and soils Mimulus filicaulis coniferous forest, meadows and seeps, are present, the site is within the species’ upper montane coniferous forest elevational range, and records are in the Vernally mesic sites, moist granitic sand and vicinity. meadow edges 2952–5742 ft Apr–Aug Small’s southern clarkia 1B.2 Cismontane woodland, lower montane Possible. Suitable communities and soils Clarkia australis coniferous forest are present, the site is within the species’ Open, rocky sites elevational range, and records are in the vicinity about 5 miles away. 2624–6808 ft May–Aug Succulent owl’s clover FT, SE, 1B.2 Vernal pools Absent. Vernal pools and suitable soil Castilleja campestris ssp. Succulent conditions are not present on the site, the 16 Often acidic sites

site is greatly outside of the species’ 164–2461 ft elevational range, and it does not occur Apr–May in the vicinity. Western waterfan lichen 4.2 Riparian forest Possible. Suitable community and stream Peltigera gowardii Cold water creeks in mountain ranges with conditions are present, the site is within little or no sediment or disturbance; often the species’ elevational range, and a associated with rich bryophyte flora record is 1 mile to the east in Lewis Fork. 3494–7792 ft Yellow-lip pansy monkeyflower 1B.2 Lower montane coniferous forest, meadows Possible. Suitable communities and soils Mimulus pulchellus and seeps are present, the site is within the species’ Vernally wet sites, sandy decomposed elevational range, and it is known to granite soils and moist meadows occur in the vicinity. 1968–6562 ft Apr–Jul

Communities, Soils, Elevational Range, and Name Status1 Blooming Period Potential for Occurrence on Project Site2 Yosemite onion SR, 1B.3 Broadleaved upland forest, chaparral, Possible. Suitable communities and soils Allium yosemitense cismontane woodland, lower montane are present, the site is within the species’ coniferous forest elevational range, and it is known to Rocky, metamorphic or granitic substrate, occur in the vicinity. also on slopes and walls 1755–7218 ft Apr–Jul Yosemite woolly sunflower 1B.3 Chaparral, lower montane coniferous forest, Unlikely. Suitable communities are Eriophyllum nubigenum upper montane coniferous forest present, but suitable soils are absent and South facing slopes on granitic slabs and the site is at the lower edge of the domes; gravelly soils species’ elevational range. Known to occur in the vicinity. 5003–9023 ft May–Aug

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1 2 Listing Status Definitions Regarding Potential Occurrence FE = Federally listed as endangered Present: Species observed on the site during the surveys or FT = Federally listed as threatened records exist of the species’ occurrence onsite FPE = Federally proposed for listing as endangered Possible: Species not observed during the reconnaissance FTE = Federally proposed for listing as threatened surveys, but suitable habitat is present (habitat type, SE = State listed as endangered soils, and elevation), and the species is known from the ST = State listed as threatened Project vicinity SR = State listed as rare Unlikely: Onsite habitat is marginal and/or the site is slightly SCE = State candidate for listing as endangered outside the species’ local distribution, and was not SCT = State candidate for listing as threatened seen during the reconnaissance surveys

Absent: Suitable habitat is not present and/or the Project site is California Rare Plant Rank Categories outside of the species’ local distribution or elevational 1A = Plants presumed extirpated in California and either rare or extinct range elsewhere

1B = Plants rare, threatened, or endangered in California and elsewhere Threat Rank: 2A = Plants presumed extirpated in California, but more common .1 = Seriously endangered in California. elsewhere .2 = Fairly endangered in California 2B = Plants rare, threatened, or endangered in California, but more .3 = Not very endangered in California common elsewhere 3 = Plants about which more information is needed—a review list 18 4 = Plants of limited distribution—a watch list

Table 2. Potential for Special-status Animals to Occur on the Project Site Name Status1 Community Associations and Resource Requirements Potential for Occurrence on Project Site2 Mammals American badger SSC Open grasslands at the edge of scrub and woodland Unlikely. Suitable vegetative and soil conditions are Taxidea taxus habitats, savannas, meadows, desert scrub and present in limited areas on the site, including forest agricultural fields; found in California up to timberline in openings, areas of prior disturbance, and along the large mountain meadows; low to moderate slopes; forest/wet meadow edges; site is within species’ range, requires friable soils for burrows. and a historic locality is from Wawona. The species’ current distribution in the Sierra Nevada is poorly understood, and there are no recent records in the vicinity. California ST, FP A wide variety of high-elevation communities; water Absent. Although marginally suitable habitat is present, wolverine source for drinking; caves, logs, and burrows for cover the lack of recent records from the area, the scarcity of Gulo gulo and denning. this species in California in general, and its proclivity toward human avoidance preclude its occurrence. Fisher FPT, Mature, structurally complex conifer-hardwood forests; Possible. Suitable habitat is present, the CNDDB includes a Pekania pennanti SCT, large diameter (≥18 in) live and dead standing 1971 record of the species from the vicinity, and radio- SSC hardwoods (primarily black oak) and conifers for collared animals have been detected in the vicinity in the 19 (West coast DPS) resting, often in areas of high canopy closure (60– past year. A fisher skull was found on a neighboring

100%), shrub cover, and density of large (≥40-in) snags, property during a survey by HTH biologists in 2010. The and within 330 ft of water. Den sites include a variety of focused habitat assessment for this study found few trees protected cavities, rocky areas, brush piles, under and snags suitable for denning. They are unlikely to den upturned trees, and hollow logs, trees, and snags. on the site, but may forage or move through the site. Fresno kangaroo FE, SE Chenopod scrub and annual grassland communities Absent. Project site is outside of species’ range. rat on the Valley floor, with sandy and saline sandy soils. Dipodomys nitratoides exilis

Pallid bat SSC Forages in open dry communities including grasslands, Possible. Suitable foraging and roosting habitats are Antrozous pallidus shrublands, woodlands, and forests. Roosts in rocky present. outcrops, caves, crevices, mines, hollow trees, and buildings that moderate temperature. Night roosts on porches and open buildings. San Joaquin kit FE, ST Grassland with scattered shrubs, and agricultural areas. Absent. Project site is outside of species’ range, and no fox Open, level terrain with loose-textured soils. suitable habitat is present. Vulpes macrotis mutica

Name Status1 Community Associations and Resource Requirements Potential for Occurrence on Project Site2 Sierra Nevada red ST A variety of communities including wet meadows and Absent. Suitable breeding and foraging habitat occur on fox forested areas; dense vegetation and rocky areas for the site; there is one CNDDB record from 1980 less than 5 Vulpes vulpes cover and den sites; den sites include rock outcrops, miles from the Project site and a historic record 6 miles necator hollow logs and stumps, and burrows in loose soil. east -souteast of Wawona. Lower elevation records may be misidentification of the nonnative subspecies. This subspecies appears to have been extirpated from this part of its range and is only known to occur near Lassen Peak and Sonora Pass. Spotted bat SSC Cracks, crevices, and caves, primarily in fractured rock Possible. Suitable structures for roosting are absent but Euderma cliffs for roosting; desert-scrub, pinyon-juniper species may occasionally forage over the site. maculatum woodland, ponderosa pine, mixed conifer forest, canyon bottoms, rims of cliffs, riparian areas, fields, and open pasture for foraging. Townsend’s big- SCT, Desert scrub, sagebrush, chaparral, and deciduous Possible. Suitable structures for roosting are absent, but the eared bat SSC and coniferous forests; prefers mesic habitats. Roosts in species may forage over the site. Corynorhinus caves, cliffs, mines, tunnels and bridges. Preys on moths townsendii and beetles.

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Western mastiff SSC Open, semiarid to arid communities, including conifer Possible. Suitable resources for foraging and roostingare bat and deciduous woodlands, coastal scrub, grasslands, present. Eumops perotis and chaparral; roosts in crevices in cliff faces, high californicus buildings, trees, and tunnels. Western red bat SSC Trees and forest edges adjacent to streams, fields or Possible. Suitable resources for foraging and roostingare Lasiurus blossevillii urban areas for roosting; forest edges and open areas present. for foraging. Birds Bald eagle SE, FP Large lakes, reservoirs, coasts, and rivers; nests within 1 Unlikely. The pond provides marginally suitable foraging Haliaeetus mi of water in large, old-growth, or dominant live tree opportunities due to its small size, but the species is known leucocephalus with open branches, especially in ponderosa pine; to occur throughout the region, and there are observation roosts communally in winter in dense, sheltered remote at Bass Lake and along the Merced River. conifer stands; forages over water, prey includes fish, birds, reptiles, amphibians, invertebrates, and mammals.

Name Status1 Community Associations and Resource Requirements Potential for Occurrence on Project Site2 Black-chinned BCC Chaparral, sagebrush, scrublands and shrubby hillsides; Unlikely. Could pass through during migration but does sparrow migrant. not breed in this area. Spizella atrogularis Black swift BCC, Mountainous areas; nests on cliffs near ocean, Unlikely. Could be present on a transitory basis and Cypseloides niger SSC waterfalls or river canyons. breeds in this area, but breeding microhabitat is not present on the Project site. Brewer’s sparrow BCC Occurs in sagebrush in this region. Absent. Suitable vegetation type is not present. Spizella breweri Burrowing owl BCC, Burrow sites are in open dry annual or perennial Absent. Suitable communities are not present, and Project Athene SSC grasslands, deserts and scrublands characterized by site is outside of the species’ range. cunicularia low growing vegetation; also inhabits anthropogenic areas such as campuses, golf courses, cemeteries, airports, and grazed pastures. California spotted SSC, Montane forests, dense, shaded forested canyons; Possible. Suitable resources for foraging and nesting are owl BCC forages, roosts, and nests in multi-layered old growth present. A pair was detected about 2200-5000 ft south of Strix occidentalis conifer forest, especially north-facing slopes; forages on the Project site during a survey by HTH biologists in 2010, occidentalis small and medium-sized mammals; roosts in oak forests and there are numerous locations in the CNDDB 21 in winter; nests in snag and tree cavities, and broken throughout the vicinity. Present in this area year-round.

tree tops, or seldom in mistletoe, abandoned raptor nests, caves, cliffs or on ground. Calliope BCC Open montane forest, mountain meadows, and willow Possible. Suitable communities are present and could hummingbird and alder thickets, in migration and winter also in breed in this area. Stellula calliope chaparral, lowland brushy areas, deserts and semi- desert regions. Costa’s BCC Desert and semidesert, arid brushy foothills and Unlikely. Could be present on a transitory basis but hummingbird chaparral, in migration and winter also in adjacent suitable communities for breeding are not present. Calypte costae mountains and in open meadows and gardens. Flammulated owl BCC Breeds in open pine forest in mountains, especially Possible. Suitable community is present, could breed in this Otus flammeolus ponderosa pine forest. area, and there are several records near the Project site. Fox sparrow BCC Breeds in coniferous forest and mountain scrub (green- Present. Records exist at Fish Camp during the breeding Passerella liaca leaf manzanita, mountain whitethorn, and bush season, and suitable communities for breeding are chinquapin); winters in chaparral, and forages in open present. hardwood forests and swampy thickets during migration.

Name Status1 Community Associations and Resource Requirements Potential for Occurrence on Project Site2 Great gray owl SE Large meadows or meadow complexes with adjacent Possible. The wet meadows are marginally suitable for Strix nebulosa fir or pine forests at elevations of 2460 to 7380 ft; nests in foraging due to small size; suitable nesting substrates are large, broken-topped large diameter snags or existing absent. nests of other bird species; roosts in dense forest with high canopy closure; forages on small mammals from low, exposed perches near meadows. Green-tailed BCC Sagebrush, mountain chaparral, pinyon-juniper stands, Unlikely. Marginally suitable habitat is present because towhee and thickets bordering alpine meadows up to about the site lacks dense shrubs; breeds in this area; and several Pipilo chlorurus 10,000 ft elevation. In winter they move to dry washes, observations are recorded in the Project vicinity. Could arroyos, mesquite thickets, oak-juniper woodland, occur on a transitory basis. creosote bush, and desert grasslands, typically below about 4000 ft elevation. Lewis’s BCC Breeding in ponderosa pine forests at higher elevations, Unlikely. Suitable community is present, but winters only in woodpecker and riparian woodlands dominated by cottonwoods at this area. May occur on a transitory basis. Melanerpes lewis lower elevations; nests in tree cavities. Winter in oak woodlands or orchards. Loggerhead BCC, Open country with scattered shrubs and trees, wooded Absent. Occurs at lower elevations, and suitable

22 shrike SSC habitats with large openings, agricultural fields, communities for foraging and vegetative structure for

Lanius pastures, old orchards, riparian areas, desert nesting habitats are not present on the site. ludovicianus scrublands, savannas, prairies, golf courses, and cemeteries. Often seen along mowed roadsides with access to fence lines and utility poles. Builds nests in thorny vegetation, or sometimes in brush piles or tumbleweeds.

Northern goshawk SSC Conifer forests, often old-growth stands; nests on north- Possible. Suitable communities for foraging and nesting Accipiter gentilis facing slopes, near water, in dense stands but near are present. Feathers were found about 3000 ft south of openings; forages on birds and small mammals in the Project site during a survey by HTH biologists in 2010. mature mixed conifer forests with meadows and riparian habitat.

Nuttall’s BCC Found primarily in oak woodlands and in riparian Unlikely. Present year-round in the vicinity but no records woodpecker woods; rarely in conifers. Nests in cavity in trees. are from near the Project site and suitable communities Picoides nuttallii are absent. Could be present on a transitory basis.

Name Status1 Community Associations and Resource Requirements Potential for Occurrence on Project Site2

Oak titmouse BCC Dry slopes—strongly tied to oak trees, although they Absent. Oak trees are uncommon, the species generally Baeolophus also live in areas of open pine or mixed oak-pine forest occurs at lower elevations, and no records are in the site inornatus or brush with woodland nearby. Nests in tree cavities, vicinity. and occasionally stumps, fence posts, pipes, eaves, or holes in riverbanks.

Olive-sided BCC, Breeds in montane and northern coniferous forests, at Present. Suitable communities are present, breeds in this flycatcher SSC forest edges and openings, such as meadows and area, and numerous records are from Fish Camp. Contopus cooperi ponds. Winters at forest edges and clearings where tall trees or snags are present.

Olive-sided BCC, Breeds in montane and northern coniferous forests, at Present. Suitable communities are present, breeds in this flycatcher SSC forest edges and openings, such as meadows and area, and numerous records are from Fish Camp. Contopus cooperi ponds. Winters at forest edges and clearings where tall trees or snags are present.

Peregrine falcon FP, Breeds in open landscapes with cliffs (or skyscrapers at Unlikely. Present year-round in this area and may occur on Falco peregrinus BCC elevations up to about 12,000 ft, as well as along rivers, a transitory basis, but suitable structures for breeding are 23 anatum coastlines or in cities. In migration and winter found in absent. Recorded near Wawona.

any open habitat, commonly along barrier islands, mudflats, coastlines, lake edges, and mountain chains. Nesting sites are 25–1300 ft high on cliffs.

Short-eared owl BCC, Open country, including prairie, meadows, tundra, Absent. Suitable communities are not present and Asio flammeus SSC moorlands, marshes, savanna, and open woodland; wintering only in this area. nests on the ground.

Snowy plover BCC, Barren to sparsely vegetated sand beaches, dry salt Absent. Suitable open habitat is not present; the pond on Charadrius SSC flats in lagoons, dredge spoils deposited on beach or the site has a densely vegetated shore that would be alexandrines dune habitat, levees and flats at salt-evaporation unsuitable. ponds, river bars, along alkaline or saline lakes, reservoirs, and ponds. Vaux’s swift SSC Nests in coniferous or mixed forest; forages in forest Possible. Suitable nesting and foraging communities are Chaetura vauxi openings, especially above streams. present, and there are observations from near the Project site during the breeding season.

Name Status1 Community Associations and Resource Requirements Potential for Occurrence on Project Site2 White-headed BCC Montane coniferous forests dominated by pines. Present. Observed during the reconnaissance surveys. woodpecker Present year-round in this area and likely breeds and Picoides forages on the site. albolarvatus Williamson’s BCC Breeds in open coniferous forest, especially ponderosa Possible. Suitable communities for foraging and strutctures sapsucker pine and Douglas fir. Nests are in tree cavities. for nesting are present, occur year-round in this area, and Sphyrapicus there are numerous sightings in the vicinity. thyroideua Willow flycatcher SE, Densely vegetated riparian associations of Unlikely. Willows along Big Rainier Creek are sparse and Empidonax traillii BCC cottonwoods and willows; open, cup nest in upright lack sufficient structure to support this species, but nesting fork of willow or other shrub at a height of 1.5 to 10 ft; has been documented at Bass Lake and could occur on roosts in dense willow thickets; forages mostly on insects a transitory basis. from low, exposed branches. Yellow-billed BCC Oak savanna, open areas with large trees, and along Absent. Suitable communities are absent and does not magpie streams. Also forages in grassland, pasture, fields, and occur at higher elevations. Pica nuttalli orchards. Amphibians 24

California red- FT, SSC Forages and breeds in streams with deep slow-moving Absent. Marginally suitable habitat is present in the pond legged frog pools, stock ponds, reservoirs, springs, lagoons, marshes; due to shallow warm conditions and nonnative predators; Rana draytonii usually with dense shoreline, emergent, or submersed marginally suitable habitat is present in Big Rainier Creek vegetation but also found at sites lacking vegetation; due to cold, shaded conditions; Project site is at the upper uses riparian and most upland habitats in winter and for limit of the species’ historic elevational range and species dispersal; 0 – 5000’ elevation. has been extirpated from this part of its geographic range. California tiger FT, SSC Vernal pools or other seasonal water sources for Absent. Vernal pools are not present and Project site is salamander breeding; grasslands, scrub and oak woodlands outside of this species’ range. Ambystoma located within 2000 ft of breeding pools for upland californiense refuge and dispersal with small mammal burrows for shelter. Foothill yellow- SSC Rocky streams and rivers from sea level to about 6365 Absent. Suitable aquatic conditions are present in Big legged frog ft; prefers small to moderate-sized streams with cobble Rainier Creek and the species was recorded historically at Rana boylii substrate, open sunny banks, isolated pools, and this location. However, this species was not detected backwaters; juveniles occupy riparian and streamside during focused surveys, and it appears to be extirpated habitat adjacent to the wetted channel; overwintering from this area. habitat not well understood, but they remain close to streams.

Name Status1 Community Associations and Resource Requirements Potential for Occurrence on Project Site2 Sierra Nevada FE, ST, Lakes, ponds, and streams from 3525 to over 12,000 ft; Absent. Marginally suitable to unsuitable aquatic habitat is yellow-legged SSC prefers open or rocky shorelines with gentle slope; present in the pond; species has been observed in the frog overwinters in deep aquatic habitats. vicinity; and the species was not detected during focused Rana sierra surveys. Aquatic predators present in the pond would probably preclude this species from occurring. Yosemite toad FT, SSC Montane wet meadows, seasonal ponds in lodgepole Absent. Site is outside of the species’ elevational range Anaxyrus canorus pine and subalpine conifer forest at elevations of 6400 and communities are not present. to 11,300 ft (usually above 9000 ft); rodent burrows are used for overwintering and as temporary refugia during summer. Reptiles Blunt-nosed FE, SE, Semiarid grasslands, alkali flats and washes; prefers flat Absent. Suitable communities are not present and the leopard lizard FP areas with sparse shrubs (ephedra, saltbush). Project site is greatly outside of the species’ range. Gambelia sila Giant garter FT, ST Marshes, sloughs and slow-moving streams on the Absent. Suitable habitat is not present and the Project site snake Valley floor; highly aquatic. is greatly outside of the species’ range. Thamnophis gigas 25

Northern western SSC Ponds, lakes, rivers, streams, marshes, brackish lagoons Absent. Suitable aquatic habitat present in Big Rainer pond turtle and irrigation ditches with a mosaic of vegetation and Creek and the pond. However, the species was not Actinemys open areas for basking; uses upland areas for nesting detected during focused surveys. Adult bullfrogs in the marmorata and in winter including woodland, forest, grassland, pond could negatively influence this species’ occurrence. chaparral and grasslands. Fish Central Valley FT, ST Anadromous; rivers in the Sacramento and San Absent. The Project site is within this species’ historic range, spring-run ESU Joaquin Valley and their tributaries with pools, cover, but drainages in this region are anthropogenically chinook salmon spawning gravels, and adequate dissolved oxygen blocked. Oncorhynchus and temperatures. tshawytscha Central Valley FT Anadromous or resident inland; rivers in the Absent. The Project site is within this species’ historic range, DPS steelhead Sacramento and San Joaquin Valley and their but drainages in this region are anthropogenically Oncorhynchus tributaries; needs cold water and gravel substrates. blocked. mykiss Delta smelt FT, SE Upper estuarine areas in or just upstream of the mixing Absent. Suitable habitat is not present and the Project site Hypomesus zone between fresh and salt water in the San Francisco is greatly outside of the species’ range. transpacificus Bay-Delta.

Name Status1 Community Associations and Resource Requirements Potential for Occurrence on Project Site2 Paiute cutthroat FT Historically found on the eastern side of the Sierra Absent. This subspecies has been translocated to many trout Nevada, typically in small high elevation streams with areas outside of its native range, but these populations Oncorhynchus cool water and adequate dissolved oxygen; species are not protected and the species has not been recorded clarki seleniris has a wide degree of tolerance for temperature, in the Merced River system. sediment, and alkaline conditions. Invertebrates Conservancy fairy FE Ephemeral pools located in swales formed by old Absent. Suitable habitat is not present and the Project site shrimp braided alluvium filled by winter rains or vernal pools, is greatly outside of the species’ range. Branchinecta lasting until June; usually large and turbid; surrounded conservation by grassland. Valley elderberry FT Elderberry shrubs in the Central Valley. Absent. The site is well above the approximate 3000-ft longhorn beetle elevation limit of this species. Desmocerus californicus dimorphus Vernal pool fairy FT Vernal pools, ephemeral swales, basalt flow depression Absent. Suitable habitat is not present and the Project site shrimp pools, depressions in sandstone rock outcrops; can is greatly outside of the species’ range. 26 Branchinecta occur in roadside ditches and puddles on pavement;

lynchi usually with clear or tea-colored water; grass or mud bottoms; needs low TDS, conductivity, alkalinity, and chloride. Vernal pool FE Vernal pools and swales in unplowed grasslands in old Absent. Suitable habitat is not present and the Project site tadpole shrimp alluvial soils underlain by hardpan or mud; clear to is greatly outside of the species’ range. Lepidurus turbid water. packardi

1 2 Listing Status Definitions Regarding Potential Occurrence: FE = Federally listed as Present: Species or sign of their presence observed on the site; records exist of the species’ occurrence on endangered the site FT = Federally listed as Possible: Species or sign not observed on the site, but suitable habitat is present and the species is known threatened from the Project vicinity FPE = Federally proposed for Unlikely: Onsite habitat is marginal and/or the site is slightly outside the species’ local distribution, and was listing as endangered not seen during the surveys FPT= Federally proposed for Absent: Species or sign were not observed during focused surveys despite the presence of appropriate listing as threatened habitat type; suitable habitat is not present; or Project site is outside of the species’ range SE = State listed as endangered

ST = State listed as threatened SCE = State candidate for listing as endangered SCT = State candidate for listing as threatened

FP = CDFW Fully Protected species SSC = CDFW Species of Special

Concern BCC = Federal Bird of Conservation Concern 27

DPS = Distinct Population Segment ESU = Evolutionarily Significant Unit

2.2 Preliminary Biological Assessment

HTH ecologists performed an initial biological assessment of the Project site in November 2013 to identify and map the community types present, determine whether any of these communities could be considered sensitive/regulated, and assess the potential for the site to support special-status plant and animal species (HTH 2013). HTH Senior Wildlife Ecologist Doug Drynan, B.S., and Plant Ecologist Ethan Barnes, M.S., performed this assessment.

2.3 Focused Surveys

In October 2014, HTH ecologists conducted focused surveys to determine whether sensitive biological resources with potential to occur on the site are present. These surveys covered the resources for which the fall survey timing was seasonally appropriate (Table 3). Additional surveys in the spring or summer are needed to detect the presence of other biological resources that are most evident at that time of year. While conducting the focused surveys, HTH ecologists took photographs of representative habitats (Appendix A) and conducted a reconnaissance survey for other species present in order to characterize onsite plant communities (Appendix B) and other wildlife species present (Appendix C).

Table 3. Summary of Surveys Conducted

Focal Resource Survey Type Date Communities Community assessment and 18 November 2013 mapping Trees Inventory: mapping trees and 10 and 22 October 2014 snags >20 inches dbh Fishers Focused survey of Project site 27 and 28 October 2014 and buffer for potential den sites Amphibians and reptiles Focused visual surveys of all 7, 8, 9, and 10 October 2014 aquatic habitats on the site Wetland delineation Preliminary delineation of 9, 10, 21, and 23 October 2014; 3 potentially jurisdictional wetlands November 2014 and waters

Note: dbh = diameter at breast height.

2.3.1 Tree Inventory

Trees and snags ≥20 inches diameter at breast height (dbh) are a critical habitat element for many special-status species, including the California spotted owl (Strix occidentalis occidentalis), northern goshawk (Accipiter gentilis), and fisher (Pekania penanti). Ethan Barnes, M.S., Plant Ecologist, and Amy Sparks, J.D., Senior Regulatory Specialist, conducted surveys for all trees in the Project site >20 inches dbh. Each tree was measured using a diameter tape and/or Biltmore stick, and its geographic location was recorded using a Trimble GeoHX global positioning system with submeter accuracy. Each tree was identified to species and notation given whether living or a snag.

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2.3.2 Fisher Survey

Doug Drynan, B.S., Senior Wildlife Ecologist, conducted a focused survey of the Project site, plus a 500-ft buffer where access allowed. Mr. Drynan evaluated trees and snags on the site to determine the presence of suitable rest site locations and potential den sites for the fisher. The U.S. Forest Service’s Pacific Southwest Research Station has developed a photographic guide for land managers to assess trees and snags for their suitability for use by fishers as either rest site locations or for denning (Green et al. 2013). The guide is based on over 5 years of data collected as part of the Kings River Fisher Project, located in Sierra National Forest approximately 30 miles southeast of Fish Camp. This guide was used to evaluate all trees and snags mapped as part of the tree inventory (see Section 2.3.1, “Tree Inventory”) for their suitability for use by fishers.

2.3.3 Amphibians and Reptiles

Susan V. Christopher, Ph.D., Senior Ecologist and Herpetologist, conducted focused surveys for the Sierra Nevada yellow-legged frog (Rana sierrae), foothill yellow-legged frog (Rana boylii), and northern western pond turtle (Actinemys marmorata). The surveys included all potentially suitable aquatic habitats on the Property, which were Big Rainier Creek and the pond (see Appendix D for map of survey routes and datasheets). All aquatic habitats were searched on three different days during mid-day, when temperatures were warm and the sun angle high. The surveys were conducted during a warm “Indian summer” period prior to any significant cold snaps. If present, recently metamorphosed frogs (metamorphs) would have been seen during this period, in addition to adults and juveniles. Turtles would still have been active in aquatic habitats at this time of year.

At the start of each survey, air temperature, water temperature, wind speed, and cloud cover were recorded. Survey start and end times were noted. Prior to approaching suitable basking areas, binoculars were used to search for basking turtles and frogs. Stream surveys were conducted by wading in the water along the edge and searching vegetated areas in the channel, undercut banks, exposed rocks and logs, and stream pools. Two surveys employed the use of a dog trained to walk along the shore to flush frogs from streamside vegetation. Stream surveys covered one bank until the property boundary was reached, and then the opposite bank was surveyed on the way back. The pond was initially surveyed using binoculars, then the observer waded around the margin or through vegetated edges. Amphibians were identified to species level, and the number observed in each life stage (tadpole, metamorph, adult) was counted. Some individuals were captured and photographed. Fish species were identified when possible without capture, and observations of aquatic invertebrates and other wildlife species were recorded. Vegetation, streamflow, substrate, channel morphology, and other observations were recorded to characterize the aquatic habitats.

2.3.4 Wetland Delineation

Ethan Barnes, M.S., Plant Ecologist, performed a preliminary delineation of wetlands and other waters at the Project site. The purpose of the delineation was to determine the location, type, and extent of waters and wetlands on the Project site, and whether the Project, as currently proposed, may impact jurisdictional areas and therefore be subject to the permit requirements of USACE under Section 404 of the Clean Water Act, Section 401 permit under the State Water Quality Control Board, and a Lake or Streambed Alteration Agreement under CDFW.

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Before conducting the delineation survey, HTH ecologists reviewed topographic maps and aerial photographs of the Project site from several sources: USGS, the National Wetlands Inventory (USFWS 2014c), and Google Earth (Google, Inc. 2014). The maps and aerial photographs of the Project site were examined to identify topographic features, hydrologic patterns, and areas of significant past disturbance.

The HTH ecologist followed the methods described in the “Routine Determination Method, On-site Inspection Necessary (Section D),” outlined in the Corps of Engineers Wetlands Delineation Manual (Delineation Manual) (Environmental Laboratory 1987). Data forms, vegetation sampling methods, hydric soils, and hydrology indicators were obtained from the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (Regional Supplement) (USACE 2010).

The methods in the Delineation Manual were followed except where superseded by instructions issued in the more recent and location-specific Regional Supplement (USACE 2010). The approach employed for identifying wetlands was based on the presence of three wetland parameters: hydrophytic vegetation, hydric soils, and wetland hydrology. The delineation report is being compiled in accordance with guidance provided in Information Requested for Verification of Corps Jurisdiction (USACE 2007) and Final Map and Drawing Standards for the South Pacific Regulatory Division Regulatory Program (USACE 2012).

The delineation surveys were conducted on 9, 10, 21, 23 October and 3 November 2014, and covered the entire 24.23-acre Project site. Potentially jurisdictional features were mapped in the field using a Trimble GeoXH™ Global Positioning System unit capable of submeter accuracy. The entire property was covered on foot, aided by interpretation of digital aerial imagery overlain with the property boundary. The delineation was conducted during a below-average rainfall year; therefore, climatic and hydrologic conditions were considered to be atypical. Incidental observations of hydrology from the preliminary biological assessment in November 2013 aided in the interpretation of site conditions.

A complete Preliminary Delineation of Wetlands and Other Waters report is being prepared separately for submission to the USACE.

2.4 Future Surveys

In order to fully evaluate potential Project impacts on additional biological resources identified in our background review, additional seasonally timed surveys would be required in 2015, or at the appropriate period prior to construction, for the following resources:

• Rare plant species • Special-status bat species • Nesting birds, including California spotted owl, northern goshawk, and other nesting raptors (preconstruction surveys, if work takes place during the nesting season)

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Rare plant surveys would be conducted during the appropriate blooming periods of the plant species determined to have potential to occur onsite (Table 1). Bat surveys would be conducted to determine whether roosting sites are present, including maternity roosts and hibernacula. The focus of avian surveys would be to determine whether nesting is occurring on the site. Although it is assumed that the Project would result in the loss of foraging habitat for some special-status species, these effects would not be considered significant under CEQA. However, loss of certain types of bat roosting habitat or nesting habitat for raptors, or disturbance as a result of Project construction that prevents these uses in previously used locations, may be considered significant. Therefore, the focused surveys would be conducted during the appropriate seasonal time periods to detect these uses of the site by special-status species.

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Section 3.0 Environmental Setting

3.1 Project Site Description

The Project site is undeveloped, but has evidence of past uses. A system of unpaved roads provides access from SR 41 to private property to the east, and may have historically been used for logging. An old cement foundation and well provide evidence of former residential occupancy. A newer well that would be used for the Project is located near the proposed entrance. Most of the site is forested, but there are cleared patches from previous disturbance.

Elevations on the Project site range from 4970 to 5050 ft above sea level. This elevation and latitude in the central Sierra Nevada is within the main timber belt in the region, and is dominated by lower montane coniferous forest. The climate is generally warm and dry in the summer, with cool, wet winters. Winter precipitation can be in the form of rain or snow, and this elevation is often within the transition between the two forms of precipitation. The average daily high temperature for Fish Camp is approximately 46°F in January and 72°F in July.

The site gently slopes to the north, east, and northeast toward Big Rainier Creek. The area is underlain by Mesozoic Granite. Onsite soils are coarse sandy loam from weathered bedrock (NRCS 2014). Some rock outcroppings are along the upper channel of Big Rainer Creek.

3.2 Natural Communities on the Project Site

Nine natural communities occur on the Project site: lower montane coniferous forest, alder/white fir/incense cedar riparian complex, willow shrub riparian/wetland, aspen forested wetland, wet meadow/freshwater emergent wetland, freshwater pond, perennial stream, intermittent stream, and drainage channel (Figure 3). The unimproved roads and trails that run through the site were not delineated as a habitat type. The proposed private parcel and private road segment have been excluded from the habitat analysis since they are not part of the Project. The communities are described below.

3.2.1 Lower Montane Coniferous Forest

This communitiy covers most of the site (approximately 15.50 acres) and consists mainly of mature trees with little understory (Figure 3; Appendix A, Photograph 1). White fir (Abies concolor) and sugar pine (Pinus lambertiana) predominate, and incense cedar (Calocedrus decurrens) also occur in large numbers. Ponderosa pine (Pinus ponderosa) and California black oak (Quercus kelloggii) are sparse, and the majority are less than 20 inches dbh. The forest understory varies across the site from white fir and incense cedar seedlings and saplings to mixed shrub and herbaceous species, including green leaf manzanita (Arctostaphylos patula), western bracken fern (Pteridium aquilinum var. pubescens), sticky cinquefoil (Drymocallis glandulosa), and lupine (Lupinus sp.). In many areas, there is no understory and the ground is covered with leaf litter. Small clearings, meadows and small rock outcrops occur throughout this community.

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LEGEND Project Site (24.23 ac) Habitat Types Perennial Stream (1.10 ac) Drainage Channel (0.06 ac) Intermittent Stream (0.02 ac) Freshwater Pond (1.04 ac) Willow Shrub Riparian/Wetland (1.00 ac) Alder/White Fir/Incense Cedar Riparian Complex (2.63 ac) Aspen Forested Wetland (0.74 ac) Lower Montane Coniferous Forest (15.50 ac) Wet Meadow (2.14 ac)

200 100 0 200 Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, Feet swisstopo, and the GIS User Community N:\Projects3500\3540-01\02\Report\Biotic Report\Figure 3 Habitat Map.mxd Figure 3: Biotic Habitats on the Project Site Tenaya Lodge Explorer Cabins Biotic Report (3540-02) November 2014

3.2.2 Freshwater Forested/Shrub Wetland/Riparian

This community is forested wetland or riparian, and is represented by three subclasses on the Project site. Based on the presence of hydrophytic plants, water evidently remains at or near the surface of the area for most of the growing season in these areas.

Alder/White Fir/Incense Cedar Riparian Complex A riparian zone of approximately 2.63 acres exists along the banks of Big Rainier Creek, and at the eastern edge of the wet meadow that runs along the southern edge of the property and drains into Big Rainier Creek (Figure 3; Appendix A, Photograph 2). White alder (Alnus rhombifolia) and Pacific willow (Salix lasiandra var. lasiandra) occur in the overstory of wetter zones, whereas white fir and incense cedar occur on less mesic sites. The understory is predominantly common scouring rush (Equisetum hyemale ssp. affine), with smaller contributions from Canada goldenrod (Solidago canadensis), western bracken fern, and common ladyfern (Athyrium filix-femina). Beaked hazelnut (Corylus cornuta) and western azalea (Rhododendron occidentale) shrubs also occur in the understory in drier locations.

Willow Shrub Riparian/Wetland Two areas dominated by shrubby Pacific willow occur along the banks of Big Rainier Creek, and total approximately 1 acre. One area is located along the eastern extent of the site on a terrace adjacent to the stream, and the other is located between the dam that separates the pond and the stream on the northern portion of the site (Figure 3; Appendix A, Photograph 3). The understory is dominated by common scouring rush and western bracken fern.

Aspen Forested Wetland Several groves of quaking aspens (Populus tremuloides) totaling approximately 0.74 acre occur on the Project site. These groves have an understory similar to the wet meadow/freshwater emergent wetland habitat described below (Figure 3; Appendix A, Photograph 4). They occur in a low swale that drains into Big Rainier Creek on the eastern end of the property.

3.2.3 Wet Meadow/Freshwater Emergent Wetland

Three areas of wet meadow/freshwater emergent wetland, totaling approximately 2.14 acres, occur on the site (Figure 3; Appendix A, Photograph 5). The wet meadow community surrounds the pond, and another wet meadow along the southern portion of the site in a swale, lack forest canopy. The third small wet meadow area occurs under lower montane coniferous forest canopy along the western portion of the site and drains into the pond. The two larger wet meadows intergrade with freshwater emergent wetland habitat as the soils become more mesic. The wet meadow in the southern portion of the site is characterized bysmall fruited bulrush (Scirpus microcarpus), Sierra checker mallow (Sidalcea reptans), and California corn lily (Veratrum californicum var. californicum). The other two meadows are dominated by herbaceous plants, including Canada goldenrod, rusty slender sedge (Carex subfusca), and common cowparsnip (Heracleum maximum). Small fruited bulrush is dominant along the shore of the pond. Based on the presence of these and other hydrophytic plants, water likely remains at or near the surface for most of the growing season.

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3.2.4 Freshwater Pond

In the northwestern corner of the site, there is an approximately 1.04 acre perennially flooded freshwater pond (Figure 3; Appendix A, Photograph 6) formed by an earthen dam on the east side that impounds water seeping from wet meadow areas to the south (described above). The dam separates the pond from Big Rainier Creek. Historic documents refer to the pond as Rainbow Lake, and it has been in existence since before the 1930s (County of Mariposa 2009). A channel near a rock outcropping on the east-northeast side of the pond, and a channel in the northern corner of the pond, carry overflow to Big Rainier Creek.

The pond is encircled by dense red-tinged bulrush, and about half of the pond is covered by submergent pondweed. The pond has gradually sloping edges and a sandy, even bottom covered with a layer of silt. It is less than 3 ft deep, and likely has been filled over the years by sediment. Despite the drought conditions in the Project region, there appears to be little reduction in water level within the pond.

The pond is reported to be used by the community of Fish Camp for recreational fishing (Wedam pers. comm.), and therefore most likely has been stocked with fish over the years. The pond contains a nonnative aquatic community that is correlated with the absence of native amphibian species. In fact, no native species of amphibians or reptiles were seen during the focused surveys. Western mosquitofish (Gambusia affinis), catfish (probably brown bullhead [Ameiurus nebulosus]), American bullfrogs (Lithobates catesbeianus), and signal crayfish (Pacifastacus leniusculus) were observed; these are predators and/or competitors of native amphibians and reptiles, and often exclude these species (Moyle 1973; Bradford 1989; Bradford et al. 1993; Kupferberg 1997; Stebbins 2003; Knapp et al. 2007). Adult bullfrogs were abundant in the pond and were large enough to consume juvenile turtles and a wide range of other vertebrates (Appendix A, Photograph 7). Bullfrog tadpoles were extremely abundant, and appeared to be from this year (i.e., no overwintered tadpoles were seen). A few bullfrog metamorphs were seen in the pond as well as in the cool and unfavorable habitat of Big Rainier Creek; the pond is probably the source of these nonnative invaders to the stream habitat because bullfrogs could not breed in the creek. Pieces of dead signal crayfish were also seen in the creek, and the pond probably represents their source (Appendix A, Photograph 8). Many dead bullfrog tadpoles and catfish were seen during the surveys; these deaths may have been caused by very warm water temperatures (66.2–68ºF) following a heat wave earlier in the month. Aquatic invertebrates observed include water striders (family Gerridae), water boatman (family Corixidae), and dragonfly larvae (order Odonata, suborder Anisoptera).

3.2.5 Perennial Stream

Approximately 1.10 acres of Big Rainier Creek, a perennial stream, occurs along the northern, eastern, and northeastern portions of the Project site (Figure 3; Appendix A, Photographs 9 and 10). Streamflow in the reach through the Project site has been influenced by an upstream canal that partially diverts flows from Big Rainier Creek to the Lewis Fork of the Fresno River. This diversion was created to increase water flow to sawmill operations in Sugar Pine, and is currently maintained by the Madera Irrigation District (County of Mariposa 2009). At the time of the October 2014 survey, water flow was moderately slow.

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The banks of the stream are lined by alder/white fir/incense cedar riparian complex, except for the dam along the northeastern edge of the pond, where there is wet meadow and willow shrub riparian, and near the eastern end of the site where there is willow shrub riparian (Figure 3). The bank vegetation is very complex with clumps of wetland grasses, common scouring rush, mountain boykinia (Boykinia major), California mugwort (Artemisia douglasiana), common ladyfern, western bracken fern, American cowparsnip, northern willow herb (Epilobium ciliatum), and seep monkey flower (Mimulus guttatus). Canopy cover was very high over most of the stream, except in areas near the pond and at the eastern end of the property where the shrubby willows occur. The stream alternates between riffles, runs and pools (to 2 ft deep). Substrate is mainly cobble and rock, with boulders and low shores of cobble or sand. Most of the bank on one side of the creek (alternating sides) is undercut with complex tunnels, alcoves, clumps of vegetation, and exposed roots. A moderate amount of large woody debris is in the channel. Pools were clear enough to see to bottom. Rocks are covered with brownish slime and were very slippery, and there are some patches of bright green algae on areas with mud substrate. The channel has some off- channel pools and side channels.

The only amphibians seen in the stream were American bullfrog metamorphs that probably originated from the pond. The stream does not contain suitable breeding habitat for American bullfrogs because of cool water temperatures and moderate velocity. No tadpoles were seen, and would have been present if breeding occurred during the past summer. Fragments of signal crayfish were seen throughout the stream. Fish species may have included rainbow trout (Oncorhynchus mykiss), riffle sculpin (Cottus gulosus), and bigscale logperch (Percina macrolepida).4 Aquatic invertebrates seen were water striders, water boatman, and damselfly (order Odonata, suborder Zygoptera) larvae.

3.2.6 Intermittent Stream

A small intermittent stream (approximately 0.02 acre) drains the southern wet meadow into Big Rainier Creek (Figure 3). The water source is primarily groundwater in the wet meadow, and it contained water during the site visits. It has an incised channel with silt substrate, and is approximately 2 to 3 ft deep by approximately 3 ft wide. Upstream of the proposed private parcel, the stream channel is incompletely formed and is discontinuous. The stream is vegetated by tall scouring rush, which also is present in the surrounding areas.

3.2.7 Drainage Channel

Two drainage channels of approximately 0.06 acre total, act as overflow channels for the pond, with one on each side of the dam (Figure 3). The southern channel is connected to the pond, whereas the northern channel apparently drains water through a subsurface connection, but is depicted on the USGS Fish Camp 7.5-minute quadrangle. Vegetation in the channels was representative of the adjacent wet meadow or riparian communities.

4 Note that the species identification was not confirmed for fish species observed because fish were not captured.

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Section 4.0 Special-status Plant and Wildlife Species

4.1 Special-status Plants

Of the 32 special-status plant species identified in the background review, 19 have potential to occur on the Project site (Table 1). No special-status plant species were observed on the Project site incidental to other surveys. Thirteen species have the potential to occur in the forested areas on the site: Bolander’s bruchia (Bruchia bolanderi), Congdon’s lewisia (Lewisia congdonii), Congdon’s eriophyllum (Eriophyllum congdonii), Madera leptosiphon, mountain lady’s slipper (Cypripedium montanum), orange lupine, short-leaved hulsea (Hulsea brevifolia), slender-stemmed monkeyflower (Mimulus filicaulis), slender-stalked monkeyflower (Mimulus gracilipes), Small’s southern clarkia (Clarkia australis), yellow-lip pansy monkeyflower (Mimulus pulchellus), Yosemite onion (Allium yosemitense), and Yosemite woolly sunflower. Four species may occur in the wet meadow and forested/shrub wetlands: Bolander’s woodreed (Cinna bolanderi), flaming trumpet, slender stemmed monkeyflower, and yellow-lip pansy monkeyflower. Western waterfan lichen (Peltigera gowardii) may occur in Big Rainier Creek. Ribbonleaf pondweed (Potamogeton epihydrus) has potential to occur in the pond. Norris’ beard moss (Didymodon norrisii) and meesia moss (Meesia triquetra) also may occur on the site in shaded, mesic areas.

Additional surveys would need to be conducted during the appropriate blooming period when these rare plants are most easily identified to determine whether populations of special-status plants are likely to be affected by the Project.

Each of the special-status plant species with potential to occur on the site (i.e., species rated as “present,” “possible,” or “unlikely” in Table 1) are discussed in detail below.

4.1.1 Bolander’s Bruchia Moss (Bruchia bolanderi)

Federal Listing Status: None; State Listing Status: None; CRPR: 2B.2. Bolander’s bruchia moss is in the family Bruchianceae. It prefers damp soil within lower montane coniferous forest, upper montane coniferous forest, meadows and seeps at elevations ranging from 5577 to 9187 ft (CNPS 2014). In California, Bolander’s bruchia has been documented to occur in El Dorado, Fresno, Madera, Modoc, Mariposa, Nevada, Plumas, Sierra, Tehama, Tulare, and Tuolumne counties (CNPS 2014). This species is threatened by fuel reduction projects, trampling, and recreational activities (CNPS 2014).

Bolander’s bruchia moss has been recorded at higher elevation areas (7000 – 7600 ft), in Yosemite National Park, to the north and east of the Project site (CNPS 2014). The wet meadows on the Project site are potentially suitable, but because the site is slightly below the species’ elevational range, this species is unlikely to occur.

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4.1.2 Bolander’s Woodreed (Cinna bolanderi)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Bolander’s woodreed is a perennial herb in the evening grass family Poaceae, and blooms from July to September (CNPS 2014). This plant prefers mesic and streamside sites within upper montane conifer forest, meadows and seeps, at elevations between 5479 and 8005 ft (CDFW 2014a; CNPS 2014). This California endemic is reported from Fresno, Mariposa, and Tulare counties. Bolander’s woodreed is threatened by hydrological alterations and trampling, and possibly by logging and grazing (CNPS 2014).

The nearest recorded observations of the species are about 3 miles northeast of the Project site at Mariposa Grove, and 4 miles north of the Project site in Wawona (CDFW 2014a). Potentially suitable conditions are present on the Project site, but because the site is slightly below the species’ reported elevational range, this species is unlikely to occur.

4.1.3 Congdon’s Eriophyllum (Eriophyllum congdonii)

Federal Listing Status: None; State Listing Status: Rare; CRPR: 1B.2. Congdon’s eriophyllum is an annual herb in the sunflower family Asteraceae, and blooms from April to June (CNPS 2014). This plant occurs on rocky metamorphic substrate and cracks in rock outcroppings in chaparral, cismontane woodlands, lower montane coniferous forests, and valley and foothill grasslands at elevations between 1640 and 6234 ft (CNPS 2014). Congdon’s eriophyllum is known only from the Merced River drainage in Mariposa County. The species is possibly threatened by development, road maintenance, and nonnative plants (CNPS 2014).

The nearest recorded observation of this species is about 8 miles northwest of the Project site on Iron Mountain (CDFW 2014a). Suitable communities are present on the site, but specific microhabitats that it is asssoicated with (rocky slopes) are absent. The site is within the species’ elevational range, but slightly outside of the species’ local distribution. Congdon’s eriophyllum is unlikely to occur on the site.

4.1.4 Congdon’s Lewisia (Lewisia congdonii)

Federal Listing Status: None; State Listing Status: Rare; CRPR: 1B.3. Congdon’s lewisia is a perennial herb in the purslane family Portulacaceae, and blooms from April to June (CNPS 2014). This plant grows on dry talus slopes and in rock crevices in chaparral, cismontane woodland, lower montane coniferous forest, upper montane coniferous forest, and valley and foothill grassland communities at elevations between 1640 and 9186 ft (CNPS 2014). Congdon’s lewisia is known from approximately ten occurrences in the Merced River Canyon in Mariposa County and along the Kings River Canyon in Fresno County. The species is threatened by exotic plant control, illegal dumping, and road maintenance (CNPS 2014).

The nearest recorded observation of this species is about 7 miles northwest of the Project site in the Chowchilla Mountains (CDFW 2014a). Appropriate communities are present in the Project site, but specific microhabitats in which this species is usually found (rocky slopes with northern exposure) are absent. The site is within the species’

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elevational range and regional distribution, but this species appears to be restricted to the canyons of the Kings and Merced rivers (CNPS 2014). Therefore, Congdon’s lewisia is unlikely to occur on the site.

4.1.5 Flaming Trumpet (Collomia rawsoniana)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Flaming trumpet is a rhizomatous herb in the phlox family Polemoniaceae, and blooms from July to August (CNPS 2014). This plant occurs in mesic sites on stabilized alluvium in riparian forest, lower montane conifer forest, meadows and seeps, at elevations between 2559 and 7218 ft (CDFW 2104a; CNPS 2014). This California endemic is known only from a few sites in Madera County and is threatened by hydroelectric development, grazing, and logging (CNPS 2014).

The nearest recorded observations of the species are about 5 miles southeast of the Project site at Nelder Creek (CDFW 2104a). Suitable communities and soils are present, the site is within the species’ elevational range, and there are records in the vicinity. Therefore, the species may occur on the Project site.

4.1.6 Madera Leptosiphon (Leptosiphon serrulatus)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Madera leptosiphon is an annual herb belonging to the phlox family Polemoniaceae, and blooms from April to May (CNPS 2014). This species occurs on dry slopes often on decomposed granite, in cismontane woodland and lower montane coniferous forest, at elevations from 984 to 4300 ft (CNPS 2014). This California endemic species been documented in Fresno, Kern, Madera, Mariposa, and Tulare counties, and is threatened by road maintenance, exotic plant control, and erosion (CNPS 2014).

The nearest recorded observation of this species occurred in 1932 about 16 miles south of the Project site at Coarsegold (CDFW 2014a). Suitable communities and soils are present on the Project site, but the site is slightly above the species’ elevational range and there are no recent records nearby. Therefore, this species is unlikely to occur on the site.

4.1.7 Meesia Moss (Meesia triquetra)

Federal Listing Status: None; State Listing Status: None; CRPR: 4.2. Meesia moss is in the Meesiaceae family and reproduces in July (CNPS 2014). This plant is found in bogs and fens, meadows and seeps, subalpine coniferous forest, and upper montane coniferous forest, at elevations ranging from 4265 to 9689 ft (CNPS 2014). It has been documented within 17 counties in California, and is possibly affected by intensive grazing, trampling, timber management, fire, off trail hiking, vehicles, and altered hydrology (CNPS 2014).

This species is widely distributed near the Project site, suitable riparian forest is present, and the site is within the species’ elevational range. Therefore, this species may occur on the Project site.

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4.1.8 Mountain Lady’s Slipper (Cypripedium montanum)

Federal Listing Status: None; State Listing Status: None; CRPR: 4.2. Mountain lady’s slipper is a perennial herb in the orchid family Orchidaceae, and blooms from March to August (CNPS 2014). This plant is often widely scattered in deep duff soil in broadleaved upland forest, cismontane woodland, lower montane conifer forest, and North Coast coniferous forest at elevations between 606 and 7300 ft (CNPS 2014). Mountain lady’s slipper is known to occur in Madera, Mariposa, and Tuolumne counties. The species is threatened by logging and horticultural collecting (CNPS 2014).

The nearest recorded observations of the species is about 2 miles west of the Project site (C. Winchell, HTH plant ecologist, personal observation). Suitable communities and soils are present at the Project site, and the site is within the elevational range and local distribution of the species. The species may occur on the Project site.

4.1.9 Norris’ Beard Moss (Didymodon norrisii)

Federal Listing Status: None; State Listing Status: None; CRPR: 2B.2. Norris’ beard moss is a nonvascular plant in the pottimoss family Pottiaceae that that produces spores in response to extreme drying conditions. It is typically found in mesic sites on rocks within cismontane woodland and lower montane coniferous forest communities at elevations between 1968 and 6473 ft (CNPS 2014). Norris’ beard moss occurs in isolated populations throughout California and Oregon, with known occurrences in 14 California counties (Butte, Contra Costa, Colusa, Humboldt, Lake, Mariposa, Nevada, Plumas, San Benito, Santa Cruz, Sierra, Tehama, Tulare, and Tuolumne). Potential threats to Norris’ beard-moss include road maintenance, logging, and road construction (CNPS 2014).

There are no records of Norris’ beard moss in the immediate vicinity of the Project site, but the species has a very wide geographic distribution and the site is within its range (CNPS 2014). Suitable communities and mesic conditions are present, some rocky areas exist on the site, and the site is within the species’ elevational range. The species is unlikely to occur on the Project site because it has not been recorded in the vicinity.

4.1.10 Orange Lupine (Lupinus citrinus var. citrinus)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Orange lupine is an annual herb in the pea family Fabaceae that blooms from April to July (CNPS 2014). This plant occurs on rocky, decomposed granitic outcrops, usually in open, flat to rolling terrain in chaparral, cismontane woodland, and lower montane conifer forest communities, at elevations ranging from 1246 to 5578 ft (Baldwin et al. 2012; CNDDB 2014; CNPS 2014). Orange lupine has been documented to occur in Fresno and Madera counties. Threats to this variety include development, road widening, vehicles, grazing, and logging (CNPS 2014).

The nearest recorded observations of the species are about 14.5 miles south of the Project site (CDFW 2014a). Suitable communities and soils are present, the site is within the species’ elevational range, and there are records in the vicinity. Therefore, the species may occur on the Project site.

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4.1.11 Ribbonleaf Pondweed (Potamogeton epihydrus)

Federal Listing Status: None; State Listing Status: None; CRPR: 2B.2. Ribbonleaf pondweed is a perennial rhizomatous herb in the family Potamogetonaceae that blooms from June to September (CNPS 2014). This plant occurs in marshes, swamps, and other freshwater habitats at elevations ranging from 1210 to 7126 ft (CNPS 2014). Ribbon-leaf pondweed has been documented in nine California counties (El Dorado, Madera, Mendocino, Modoc, Mariposa, Placer, Plumas, Shasta, and Tulomne) (CNPS 2014). Threats to this species include recreational activities and water contamination (CNPS 2014).

The nearest recorded observations of this species are in Yosemite National Park, 10 to 15 miles north of the Project site (CNPS 2014). Suitable habitat is present in the pond on the Project site. The site is within the species’ elevational range, and there are records in the vicinity. The species may occur on the Project site in the pond, and a submergent plant that may be this species was observed in the pond during the reconnaissance surveys.

4.1.12 Short-leaved Hulsea (Hulsea brevifolia)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Short-leaved hulsea is a perennial herb in the sunflower family Asteraceae that blooms from May to August (CNPS 2014). This plant occurs on granitic or volcanic soils in forest openings and road cuts, in lower and upper montane conifer forests, at elevations between 4921 and 10,499 ft (CNPS 2014). Short-leaved hulsea is known to occur in El Dorado, Fresno, Madera, Mariposa, Tulare, and Tuolomne counties. The species is threatened by foot traffic, vehicles, logging, vegetation clearing, erosion, and road maintenance (CNPS 2014).

The nearest recorded observations of the species are 3 miles upstream from the Project site in Big Creek and 1 mile east in Lewis Fork (CDFW 2014a) (Figure 4). Suitable communities and soils are present, and the site is within the species’ elevational range. Therefore, this species may occur on the Project site.

4.1.13 Slender-stalked Monkeyflower (Mimulus gracilipes)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Slender-stalked monkeyflower is an annual herb in the figwort family Scrophulariaceae that blooms from April to June (CNPS 2014). This plant prefers recently burned or disturbed areas, and is associated with thin granitic soil in cracks in large granite rocks. It is found within chaparral, cismontane woodland, and lower montane coniferous forest communities at elevations between 1640 and 4266 ft (Baldwin et al. 2012; CDFW 2014a, CNPS 2014). Slender-stalked monkeyflower has been documented to occur within Fresno, Madera, and Mariposa counties. The species is threatened by logging, grazing, vehicles, and nonnative plants (CNPS 2014).

The nearest recorded observations of the species are about 3 miles north of the Project site (CDFW 2014a) (Figure 4). Although suitable communities are present, soil conditions associated with this species are not present at the site and the Project is slightly above the species’ elevational range. This species is unlikely to occur on the Project site.

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21 LEGEND

Project Site western small-footed myotis 34 western mastiff bat 118 spotted bat 55 Yuma myotis 154 American badger 293 1 Yosemite onion Sierra Nevada yellow-legged frog 65 Wawona riffle beetle 1 5-Mile Radius 1 2 western red bat 55 western red bat 26 fringedfringed myotismyotis hoary bat 140 Yosemite woolly sunflower 83 Yuma myotis hoary bat slender-stalked monkeyflower 12 California Spotted Owl pallid bat 326 11 40 long-earedlong-eared myotismyotis Bolander's woodreed 4 Oberservation Congdon's lewisia 4 western mastiff bat 119 Yosemite woolly sunflower western small-footed myotis 37 CNDDB Recordsnorthern clustered sedge short-leaved hulsea 23 western small-footed myotis 37 10 silver-haired bat 128 Wildlife Townsend's big-eared bat 203 willow flycatcher43 Approximate Location

22 General Area short-leaved hulsea

3 Bolander's woodreed Plants fisherfisher -- WestWest CoastCoast DPSDPS93 Big Tree Forest Sierra Nevada red fox subalpine fireweed 108 92 Specific Location 31 subalpine fireweed Leech's skyline diving beetle 93 Approximate Location 10

California wolverine General Area 164 6 Nuttall's ribbon-leavedribbon-leaved Sensitive Natural Communities pondweed

Approximate Location Yosemite toad General Area 11

fisherfisher -- WestWest CoastCoast DPSDPS 1 0.5 0 1 88 17 short-leaved hulsea Miles western waterfan lichen23 short-leaved hulsea 18 Bolander's clover short-leaved hulsea63 western pond turtle Bolander's clover 17 37 Bolander's clover 19

Sierra marten Sierra marten 20 21 Sierra pygmy grasshopper Rawson's flaming trumpet 1 26 Yosemite toad 12 willow flycatcher Sierra Nevada red fox Big Tree Forest 33 228 63

Leech's skyline diving beetle foothillfoothill yellow-leggedyellow-legged frogfrog 9 22 short-leaved hulsea15 67 Leech's skyline diving beetle short-leaved hulsea 90 subalpine fireweed Shuteye Peak 11 56 grey-leaved violet 4 16 Bolander's clover fawnfawn lilylily Shuteye Peak fawn lily4 23 Bolander's bruchia Small's southern clarkia 4 Yosemite toad 18 34 Rawson's flaming trumpet 4 4 Shuteye Peak fawn lily 3 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community N:\Projects3500\3540-01\02\Report\BioticReport\Figure 4 CNDDB Map.mxd Figure 4: California Natural Diversity Database Search Results Tenaya Lodge Explorer Cabins Biotic Report (3540-02) November 2014

4.1.14 Slender Stemmed Monkeyflower (Mimulus filicaulis)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Slender-stemmed monkeyflower is an annual herb in the figwort family Scrophulariaceae that blooms from April to August (CNPS 2014). This species occurs on moist granitic sand, meadow edges and vernally mesic sites within cismontane woodland, lower and upper montane coniferous forest, meadows and seep communities at elevations ranging from 2952 to 5742 ft (Baldwin et al. 2012; CNPS 2014). Slender stemmed monkeyflower has been documented to occur within Mariposa and Tuolumne counties. Potential threats to this species include logging, reforestation with herbicides, and possibly grazing and foot traffic (CNPS 2014).

The nearest recorded observations of the species are about 8 miles northwest of the Project site on Iron Mountain and about 11 miles east of the Project site (CDFW 2014a). Suitablecommunities and soils are present, the site is within the species’ elevational range, and known observations occurred in the vicinity. Therefore, this species may occur on the Project site.

4.1.15 Small’s Southern Clarkia (Clarkia australis)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Small’s southern clarkia is an annual herb in the evening primrose family Onagraceae that blooms from May to August (CNPS 2014). This plant prefers open, rocky sites in cismontane woodland and lower montane conifer forest, at elevations between 2624 and 6808 ft (CDFW 2014a; CNPS 2014). This California endemic is reported from Madera, Mariposa, and Tuolumne counties. Small’s southern clarkia is threatened by logging (CNPS 2014).

The nearest recorded observation of the species is about 5 miles southwest of the Project site, 2 miles south of Pilot Peak (CDFW 2014a). Suitable communities and soils are present, the site is within the species’ elevational range, and recorded occurrences are in the vicinity. Therefore, this species may occur on the Project site.

4.1.16 Western Waterfan Lichen (Peltigera gowardii)

Federal Listing Status: None; State Listing Status: None; CRPR: 4.2. Western waterfan lichen is a foliose aquatic lichen in the Peltigeraceae family (CNPS 2014). This species is found on rocks in cold water creeks with little or no sediment or disturbance, surrounded by riparian forest communities (CNPS 2014). It has been documented within 9 counties in California (El Dorado, Fresno, Madera, Mono, Plumas, Sierra, Tulare, Tuolumne, and Yuba), and is threatened by hydrological alterations, recreational activities, erosion, logging, and vehicles (CNPS 2014).

The nearest recorded observation of this species is 1 mile east of the Project site in Lewis Fork (CDFW 2014a) (Figure 4). Big Rainier Creek may be suitable, and the site is within the species’ elevational range. Therefore, this species may occur on the Project site.

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4.1.17 Yellow-lip Pansy Monkeyflower (Mimulus pulchellus)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.2. Yellow-lip pansy monkeyflower is an annual herb in the figwort family Scrophulariaceae that blooms from April to July (CNPS 2014). This plant prefers vernally mesic sites such as meadows and seeps bordering lower montane coniferous forest, and is assoicated with decomposed granite soils, at elevations ranging from 1968 to 6562 ft (Baldwin et al. 2012; CDFW 2014a; CNPS 2014). Yellow-lip pansy monkeyflower has been documented to occur within Calaveras, Mariposa and Tuolumne counties. This species is threatened by logging and grazing, and potentially threatened by development (CNPS 2014).

The nearest recorded observation of the species is about 12 miles west of the Project site (CDFW 2014a). Suitable communities and soils are present on the Project site, the site is within the species’ elevational range, and it is known to occur in the vicinity. Therefore, this species may occur on the Project site.

4.1.18 Yosemite Onion (Allium yosemitense)

Federal Listing Status: None; State Listing Status: Rare; CRPR: 1B.3. Yosemite onion is a bulbiferous herb in the lily family Liliaceae that blooms from April to July (CNPS 2014). This plant prefers pockets of wet soil or wet cracks in rocky, metamorphic, or granitic substrates in broadleaf upland forest, chaparral, cismontane woodland, and lower montane coniferous forest at elevations between 1755 and 7218 ft (Baldwin et al. 2012; CNPS 2014). This species is reported from Mariposa and Tuolumne counties. Yosemite onion is known from fewer than 20 occurrences, and is threatened by recreational activities (CNPS 2014).

The nearest recorded observation of the species is about 6.5 miles northwest of the Project site on Devil Peak (CDFW 2014a). Suitable communities and soils are present on the Project site, the site is within the species’ elevational range, and it is known to occur in the vicinity. Therefore, this species may occur on the Project site.

4.1.19 Yosemite Woolly Sunflower (Eriophyllum nubigenum)

Federal Listing Status: None; State Listing Status: None; CRPR: 1B.3. Yosemite woolly sunflower is an annual herb in the sunflower family Asteraceae that blooms from May to August (CNPS 2014). This plant occurs on south facing slopes on granitic slabs or gravelly soils in chaparral, lower montane conifer forest and upper montane conifer forest, at elevations between 5003 and 9022 ft (CDFW 2014a; CNPS 2014). Yosemite woolly sunflower is known from Madera, Mariposa, and Tuolumne counties. The species is known from fewer than 20 occurrences and is threatened by foot traffic, nonnative plants and recreational activities (CNPS 2014).

The nearest recorded observation of the species is about 6 miles northeast of the Project site, near the South Fork of the Merced River (CDFW 2014a). Suitablecommunitreies present on the Project site, but suitable soils are absent, and the site is at the lower edge of the species’ elevational range. Therefore, it is unlikely that this species occurs on the Project site.

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4.2 Special-status Wildlife

Of the 53 special-status wildlife species known to occur in the region, 26 have the potential to occur or do occur on the Project site (Table 2). There is a remote possibility that American badger (Taxidea taxus) could occur in forest openings. Fisher could potentially use the site for foraging, or use rest or den sites in large trees. Several bat species have potential to forage or roost on the site, including pallid bat (Antrozous pallidus), spotted bat (Euderma maculatum), Townsend’s big-eared bat (Corynorhinus townsendii), western mastiff bat (Eumops perotis californicus), and western red bat (Lasiurus blossevillii). Nineteen special-status bird species, or those designated by USFWS as Birds of Conservation Concern, were identified to have potential to use the site for breeding or on a transitory basis (Table 2). In addition, other species protected under the MBTA may also nest on the site. The avian species with the greatest implications for Project development are California spotted owl and northern goshawk, which could forage and nest on the Project site.

Each of the special-status animal species that were determined to have potential to occur on the site (i.e., species rated as “present,” “possible,” or “unlikely”) during the background review were evaluated and is discussed in detail below, except for Birds of Conservation Concern that do not have regulatory status aside from the MBTA. If suitable natural communities are present on the Project site, and HTH ecologists conducted focused surveys and the target species was not found, the potential for occurrence in Table 2 was listed as “absent” and the rationale supporting this conclusion is detailed in a species account below.

4.2.1 American Badger (Taxidea taxus)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. The American badger is a Species of Special Concern in the family Mustelidae. The species is most abundant in grasslands and other communities dominated by herbaceous vegetation, but it will also use the drier open stages of scrub and woodland habitats (CDFW 2014b). Badgers are found in California up to the timberline in large mountain meadows and are generally associated with treeless regions. They need friable soils for excavation of their burrows and a prey base of small burrowing mammals (CDFW 2014a). Badgers dig dens with single, 8- to 21-inch elliptical entrances. These animals frequently reuse old burrows, although some have been known to dig a new den each night, especially in summer (CDFW 2014b). Soil excavated during creation of the den is piled at the entrance. Young are born in the dens between March and April, with an average litter size of two to three young (CDFW 2014b). The American badger is somewhat tolerant of human activities, and clearing of woody vegetation may have benefited the species historically.

The American badger occurs throughout western North America, including much of California. There is a 2004 CNDDB record of the species from within 5 miles of the Project site in Wawona, Yosemite National Park, at 4000 ft elevation (CDFW 2014a) (Figure 4). The Project site is within the species’ distributional range, and there is marginally suitable habitat present in the forest openings along the wet meadow edges. However, there are no recent records of badgers in the immediate vicinity, and the wet meadow areas are small in size. The density of the surrounding lower montane coniferous forest would preclude badger dispersal, and there are no larger meadows nearby. Therefore, American badgers are unlikely to occur on the Project site.

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4.2.2 Fisher (Pekania pennanti), West Coast Distinct Population Segment

Federal Listing Status: Proposed Threatened; State Listing Status: Candidate Threatened; CDFW: Species of Special Concern. The West Coast Distinct Population Segment (DPS) of fisher is a small, carnivorous mammal in the family Mustelidae. Formerly referred to as the subspecies Pacific fisher (Martes pennanti pacifica), the West Coast population of the fisher is now considered a distinct population segment, and the subspecies Martes pennanti pacifica is no longer valid (CDFW 2014c). The fisher is proposed federally as threatened, is a State candidate for listing as threatened, and is a Species of Special Concern.

The West Coast DPS of fisher is a mostly nocturnal and solitary species living in mature pine and oak forests in the southern Sierra Nevada (University of California Cooperative Extension 2014). They are found in dense coniferous forest stands and deciduous-riparian habitats with a high percentage of canopy closure (CDFW 2014b). Prey include rabbits and hares, squirrels, porcupines, mice, shrews, mountain beavers, and birds; and they also consume fruits and carrion (CDFW 2014b; University of California Cooperative Extension 2014). Fisher prefer large trees and snags, particular those with structures suitable for resting sites and denning. Resting sites are structures in large trees that provide a platform, such as brooms, mistletoe, deformities, and snags in an advanced stage of decay, and they infrequently use stumps, logs and rock crevasses (Purcell et al. 2009). Den sites include protected cavities in large trees, brush piles, rocky crevices, and hollow logs. Fisher kits are born in maternal den sites February through May, with a litter size ranging from one to four kits (CDFW 2014b).

The West Coast DPS of fisher is found in the southern Sierra Nevada between 3000 to 7000 ft elevation (University of California Cooperative Extension 2014), which is within the elevational range of the Project site. Fisher populations are also distributed in the Cascade and Klamath Mountains, and in a few areas in the North Coast Ranges (CDFW 2014b). The CNDDB includes a record of this species observed “near Fish Camp”(CDFW 2014a) (Figure 4). There are two other CNDDB records of this species occurring within the nine-quadrangle area surrounding the Project site, both within Yosemite National Park near Wawona, and the most recent observation is from 1997 (CDFW 2014a). Radio-collared fishers are being monitored in the surrounding Sierra National Forest as part of the Sierra Nevada Adaptive Management Project (SNAMP) Sugar Pine Fisher Study. A total of 113 fishers have been radio collared in the Sugar Pine Study area, which extends from the south and west sides of Yosemite National Park south to the town of North Fork and the San Joaquin River (SNAMP 2014). Recent (past 6–12 months) telemetry data from SNAMP shows fisher detections in the area south of Tenaya Lodge, north of the town of Fish Camp, and to Goat Meadow northeast of the Project site (Smith pers. comm.). However, no radio-collared fishers have been detected in the town of Fish Camp, or in the immediate area of the Project site (Smith pers. comm.). In addition, a fisher skull was found by an HTH biologist during a reconnaissance survey in 2010, on Sierra National Forest land south of the Tenaya Lodge Wastewater Treatment Facility site (HTH 2010). Therefore, because fishers are known to occur in the local area surrounding the Project site, this species could be present on the site. They could use large trees and snags found within the lower montane coniferous forest community, and occupy areas along Big Rainer Creek.

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HTH Senior Wildlife Ecologist Doug Drynan, B.S., conducted a focused survey of trees and snags on the site to evaluate their suitability for use by the fisher, as outlined in Section 2.3.2, “Fisher Surveys.” Many of the large, mature trees on the site had structure suitable for use by fishers as resting sites, such as large branch clusters or deformities caused by mistletoe. Only five trees or snags were determined to have cavities large enough for potential use by fishers (Figure 5). No fisher sign was seen during the survey. Several prey species for fisher, such as Douglas squirrel (Tamiasciurus douglasii) and western gray squirrel (Sciurus griseus), were detected on the site during the survey.

Within the SNAMP Sugar Pine Fisher Study area, incense cedars were the most common tree species used for denning sites, with California black oaks being the next most commonly used tree species (Purcell pers. comm.). The nearest fisher den site documented by this study occurred approximately 0.5 mile from the Project site (Smith pers. comm.). There were only 5 trees mapped on the Project site that had any cavities suitable for use by the fisher, with 1 of these being incense cedar, and none California black oak (Figure 5). Given the low availability of suitable denning locations on the site, the species’ low abundance in the Sierra Nevada, and a lack of telemetry data from the Sugar Pine Fisher Study in the immediate vicinity of the Project site, it is unlikely that fishers den on the site; however, because they have a large home range, they may forage on the site, use the many resting structures identified during the survey, and pass through the site.

4.2.3 Pallid Bat (Antrozous pallidus)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. The pallid bat, in the family Vespertilionidae, inhabits coniferous forests, deciduous woodlands, brushy terrain, rocky canyons, open farm land, and desert (Pierson and Rainey 1998b). The species is most common in open, dry communities with rocky areas for roosting. The pallid bat is highly social and usually occurs in colonies of 12 to 100 individuals (Barbour and Davis 1969) that cluster to share body heat (Vaughn and O’Shea 1976). Pallid bats are primarily a crevice-roosting species and select daytime roosting sites where they can retreat from view (Pierson and Rainey 1998b). Recent radio-tracking efforts have also documented roost sites in trees (Pierson and Rainey 1998b). They roost both during the day and at night, spending 60 to 80% of a 24-hour cycle at roost sites (Vaughn and O’Shea 1976). During the day, this species shelters inside crevices or cavities found in natural features such as trees, cliffs, caves and rocky outcrops, and in human-made features such as barns, bridges, mines, and attics (Barbour and Davis 1969; Hermanson and O’Shea 1983; Pierson and Rainey 1998b). Temperature appears to be a limiting factor in roost selection, and although they are intolerant of roost temperatures above 104°F (Licht and Leitner 1967), they often occupy roosts with a varied temperature regime. Maternity roosts form in April and young are mostly born from May to June, with an average litter of two young (CDFW 2014b). Pallid bats are very sensitive to disturbance at the roost. When disturbed, they generally retreat into crevices, and may abandon the roost when there is repeated disturbance (Pierson and Rainey 1998b). The prey of the pallid bat consists of a wide variety of insects and arachnids, including beetles, orthopterans, homopterans, moths, spiders, scorpions, solpugids, and Jerusalem crickets. It is unusual among North American bats in that most of its prey is taken off the ground, although a few are taken aerially (Pierson and Rainey 1998b).

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The pallid bat occurs throughout most of California, except is absent in the high Sierra Nevada (above 8000 ft elevation) from Shasta to Kern counties and in the northwestern corner of the state (CDFW 2014b). There is one CNDDB record from 2004 of the species within 5 miles of the Project site, near the South Fork of the Merced River (CDFW 2014a) (Figure 4). Because the distributional range of the pallid bat covers most of California, and because suitable roosting and foraging habitats are present on the Project site, it is possible that the pallid bat could occur on the Project site.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates 48 Biotic Report December 2014

￿￿￿￿￿￿￿￿￿￿￿￿ Project Site Tree Survey Area Explorer Cabins Project ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ !( White Fir !( White Alder !( Incense Cedar !( !( !( Sugar Pine !( !(!(!(!(!( !( Ponderosa Pine !( !( !( !( !(!( !( !( California Black Oak !( !( !( !( !( !( !( Snag !( !(!( !( !( !(!( !( !( !(!( !( !( !( !( !(!( ( !( !( !( !( Trees with Cavities !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !(!(!(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( ( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( (!(!( !(!( !( !( !( !( !(!( !( !( !( !( !( !(!(!(!(!( !( !(!(!( !( !(!( !(!( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !(!( !( !( !( !( !(!( !( !( !( !( !( !(!(!( !(!( !( !( !( !( !( !(!( !( !( !( !(!(!( !( !(!( !( !( !( !(!( !(!( !( !( !(!( !( !(!( !(!( !( !(!( (!( !( !( !( !( !( !( !( !(!( !( !(!( !( !( !( !(!( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( (!( !( !(!( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !(!( !( !(!( !( !( !(!( !( !( !( !(!( !( !( !( !(!( !(!(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !(!( !(!(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !(!( !( !( !(!(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!(

200 100 0 200 Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, ± CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, Feet swisstopo, and the GIS User Community N:\Projects3500\3540-01\02\Report\Biotic Report\Figure5 Tree Inventory.mxd ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ Tenaya Lodge Explorer Cabins Biotic Report (3540-02) November 2014

4.2.4 Spotted Bat (Euderma maculatum)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. The spotted bat is a rare species in the family Vespertilionidae, and is a Species of Special Concern. Spotted bats occur in a variety of communities from arid deserts and grasslands to mixed conifer forests. This species emerges later in the evening than other bat species and forages mostly on moths, with some evidence of beetle consumption (CDFW 2014b). Spotted bats forage in meadows on the edge of forests, over water, and along washes (CDFW 2014b; Pierson and Rainey 1998a). Rock crevices in cliffs are optimal roosting habitat, with occasional roosts found in caves and buildings. Pups are born mid-June and the average litter size is one pup per year (CDFW 2014b). Due to their relatively distinct echolocation call and a somewhat predictable foraging pattern, spotted bats are readily documented by acoustic surveys, and their distribution has recently been found to extend farther than previously thought (Pierson and Rainey 1998a).

Spotted bats occur in the foothills, mountains, and desert regions of southern California north to the Klamath Mountains in northwestern California (CDFW 2014b; Pierson and Rainey 1998a). The elevational range for spotted bats is typically between 2624 and 4921 ft, but the species extends up to 9599 ft in the Sierra Nevada (Pierson and Rainey 1998a). Therefore, the Project site is within the elevational and distributional ranges of the species. The CNDDB contains two observations of the species in Yosemite National Park as recently as 1995 (CDFW 2014a) (Figure 4), and one of the observations is within 5 miles of the Project site. Although there is no suitable roosting habitat present on the Project site, the spotted bat may forage over the Project site. Therefore, it is possible for the species to occur on the Project site.

4.2.5 Townsend’s Big-eared Bat (Corynorhinus townsendii)

Federal Listing Status: None; State Listing Status: Candidate Threatened; CDFW: Species of Special Concern. The Townsend’s big-eared bat is an uncommon bat in the family Vespertilionidae, and is a State candidate for listing as threatened and a Species of Special Concern. This species is found in deserts, coastal redwood forests, oak woodlands, Sierra Nevada foothills, and low to mid-elevation mixed coniferous-deciduous forests (Pierson and Rainey 1998c). They forage along streams and edges of forested habitats. Small moths are their primary prey, and beetles and other soft-bodied invertebrates are also consumed (CDFW 2014b). Prey is captured either in flight or gleaned off vegetation (CDFW 2014b). Roosting is primarily in caves, or cave-like structures such as mines or abandoned buildings (Pierson and Rainey 1998c; CDFW 2014b). Separate roost sites may be used for day, night, hibernation, and maternity roosts (CDFW 2014b). Maternity roosts are colonial, with a dozen to several hundred individuals (Pierson and Rainey 1998c). A single pup is born each year in May or June, and the young can fly within 2.5 to 3 weeks after birth (CDFW 2014b). The Townsend’s big-eared bat is extremely sensitive to disturbance to roosting sites, and a single visit to a roost site may result in abandonment of the site (Pierson and Rainey 1998c; CDFW 2014b).

Townsend’s big-eared bats are found throughout most of California from sea level up to 5971 ft in the Sierra Nevada (Pierson and Rainey 1998c). There is one CNDDB record from 1994 of the species within 5 miles of the

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Project site, in Yosemite National Park (CDFW 2014a) (Figure 4). The Project site is within the elevational and distributional ranges of the Townsend’s big-eared bat. Although there is no suitable roosting habitat present on the site, the species may occasionally forage on the Project site.

4.2.6 Western Mastiff Bat (Eumops perotis californicus)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. Western mastiff bats, in the family Molossidae, are the largest of all of North America species of bats with a forearm length of 2.87 to 3.27 inches and weighing up to 3.53 ounces. It is a Species of Special Concern. They are found in open, semiarid communities, including coniferous and deciduous woodlands, coastal scrub, grasslands, and chaparral (CDFW 2014a). Individuals forage predominantly on moths at elevations of 1968 to 2296 ft above ground level, and foraging sessions may last up to 7 hours and they may travel up to 15 miles away from their roost (Vaughn 1959). Roosts are primarily in crevasses in cliffs, such as exfoliating rock slabs, or cracks in high buildings where there is a minimum of 10 ft of vertical drop at the entrance to roosts (Pierson and Rainey 1998d, Wilson and Ruff 1999). They roost colonially in small groups give birth to a single young every year in early to midsummer (Pierson and Rainey 1998d). The western mastiff bat does not have a long hibernation and appears to be periodically active in the winter (Pierson and Rainey 1998d).

Western mastiff bats are found in central and southern coastal California, central and southern Sierra Nevada river drainages, the San Joaquin Valley, the western and southern half of the Sierra Nevada foothills, and throughout desert regions (Pierson and Rainey 1998d). This species has been detected up to 8530 ft elevation in Yosemite National Park (Pierson and Rainey 1998d). There are three CNDDB records, from as recently as 1996, of the species in Yosemite National Park (CDFW 2014a), and two of the records were within 5 miles of the Project site (Figure 4). Therefore, the Project site is within the distributional and elevational ranges of the western mastiff bat, and contains foraging habitat for the species but no suitable structures for roosting. Therefore, it is possible for the species to occur occasionally on the Project site.

4.2.7 Western Red Bat (Lasiurus blossevillii)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. The western red bat, in the family Vespertilionidae, can be found in grasslands, shrublands, croplands, open woodlands and mixed conifer forests. It is a Species of Special Concern. Using both wings and tail membranes to capture insects, the western red bat forages through open areas and habitat edges in a slow, erratic flight pattern (CDFW 2014b). Frequently observed foraging in large groups 1 to 2 hours after sunset, prey of this species includes moths, crickets, beetles, and cicadas (CDFW 2014b). The western red bat primarily roosts in the foliage of trees and shrubs between 2 and 40 ft above the ground, adjacent to streams, fields, or urban areas (CDFW 2014b). Western red bats are born from late May to early July with a typical litter size of two or three young (CDFW 2014b).

The western red bat is found throughout California, from Shasta County to the Mexican border, from the coast east to the foothills of the Sierra Nevada/Cascade crest (Pierson and Rainey 1998e). During migration, migrants

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may be found outside of the typical range. There is a CNDDB record from 1998 of the species within 5 miles of the Project site, in Yosemite National Park (CDFW 2014a) (Figure 4). The Project site is within this species’ geographic distribution, and suitable foraging and roosting habitat occur on the site. Therefore, it is possible that the western red bat may occur on the Project site.

4.2.8 Bald Eagle (Haliaeetus leucocephalus)

Federal Listing Status: None; State Listing Status: Endangered; CDFW: Fully Protected. The bald eagle is a State-listed endangered species in the family Accipitridae, and is a fully protected species under CDFW. Although there are still threats to the species, the bald eagle was delisted from ESA in 2007 after the successful recovery of breeding populations throughout most of North America (Cornell Lab of Ornithology 2014b). They are observed near lakes, reservoirs, rivers, marshes, and along the coast, and typically perch high in large, limbed trees, snags, or broken-topped trees (Cornell Lab of Ornithology 2014b; CDFW 2014b). Bald eagles roost communally in winter in dense, sheltered, remote conifer habitats (CDFW 2014b). Foraging habitat includes snags and perches near large bodies of water or flowing rivers with abundant fish (CDFW 2014b). Bald eagles will grasp fish from the water or will steal prey from other species (Cornell Lab of Ornithology 2014b; CDFW 2014b). Their typical prey includes many species of fish, but bald eagles will also consume living or dead mammals, birds, reptiles, amphibians, and invertebrates (Cornell Lab of Ornithology 2014b). Bald eagles nest in tall, sturdy conifers above the canopy, usually within 1 mile of water (CDFW 2014b). This species builds some of the largest nests of all avian species, and lays eggs between March and June, with an average clutch size of two eggs (Cornell Lab of Ornithology 2014b; CDFW 2014b). Human disturbance near nests can cause abandonment of territories, and bald eagles usually do not nest if human disturbance is nearby (CDFW 2014b).

The bald eagle occurs in Butte, Lake, Lassen, Modoc, Plumas, Shasta, Siskiyou, and Trinity counties, and the largest populations occur at Big Bear Lake, Cachuma Lake, Lake Mathews, Nacimiento Reservoir, San Antonio Reservoir, and along the Colorado River (CDFW 2014b). The species is more common at lower elevations and is not found in the high Sierra Nevada (CDFW 2014b). There are recent observations of bald eagles along the Merced River in Yosemite National Park (Cornell Lab of Ornithology 2014a). In addition, there is a 2002 CNDDB record of a bald eagle occurring along the south shore of Bass Lake in Sierra National Forest (CDFW 2014a) (Figure 4). This species’ local distribution does not include the Project site. The pond on the site provides marginally suitable foraging habitat; however, because of the pond’s small size and its proximity to traffic along SR 41, bald eagles are unlikely to nest or forage on the Project site.

4.2.9 Black Swift (Cypseloides niger)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern; USFWS: Bird of Conservation Concern. The black swift, a Species of Special Concern in the family Apodidae, is found in mountainous areas where they are associated with water. They nest high on cliff faces in rocky coastal shorelines, near waterfalls, or in rocky canyons, and feed on flying insects (Audubon 2014). In California, they breed from May to September. Their nests are shallow cups made of moss bound with mud, and they lay one to two eggs (Audubon 2014).

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The black swift has an extensive range, but they occur in isolated areas separated by hundreds of miles (Audubon 2014). The species is found from the Nearctic to Central America, and in the West Indies. In North America, its breeding range extends from southeastern Alaska through British Colombia and Alberta, and throughout the southwestern United States (Audubon 2014). Autumn migration from northern portions of the breeding range begins in late August, and the species’ wintering grounds are not definitively known (Audubon 2014). It occasionally occurs in lowlands during migration or unfavorable weather conditions (Audubon 2014). Their summer range includes the vicinity of the Project site (Mitch Waite Group 2013). No observations of this species were recorded in the CNDDB from within the Project vicinity (CDFW 2014a), but this species was listed as occurring in this area in USFWS (2014a), and there are recent records in eBird (Cornell Lab of Ornithology 2014a) from Wawona and the Sierra National Forest near the Project site. This species could be present on the Project site on a transitory basis in the summer, but would not forage or nest on the site because its specific microhabitat requirements are absent. Therefore, it is unlikely to occur on the Project site.

4.2.10 California Spotted Owl (Strix occidentalis occidentalis)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern; USFWS: Bird of Conservation Concern. The California spotted owl, a Species of Special Concern in the family Strigidae, is found in montane forests particularly with dense, shaded forested canyons. This species forages from a perch and swoops on small to medium-sized mammals, such as flying squirrels, woodrats, mice, voles, some rabbits, bats, and other owls (Cornell Lab of Ornithology 2014b; CDFW 2014b). In summer, these owls roost in dense, multilayered forests with high canopy cover, usually on north-facing slopes. They use oak woodlands in winter (CDFW 2014b). California spotted owls typically nest in tree and snag cavities, broken-topped trees, abandoned raven or raptor nests, and less often in large mistletoe clumps, caves, crevices, and cliffs (Cornell Lab of Ornithology 2014b; CDFW 2014b). Nests are between 30 and 180 ft above ground, and clutch size is one to three eggs (Cornell Lab of Ornithology 2014b; CDFW 2014b).

California spotted owls occur west of the Cascade Range through the North Coast Ranges, in the Sierra Nevada, and in areas of the Transverse and Peninsular Ranges, from sea level to approximately 7600 ft elevation (CDFW 2014b). During winter, individuals in the Sierra Nevada may move downslope to lower elevations along the eastern and western slopes (CDFW 2014b). There are 134 CNDDB records of California spotted owl observations within 5 miles of the Project site (CDFW 2014a) (Figure 4). In addition, a pair of California spotted owls was detected on Sierra National Forest lands just south of the Tenaya Lodge Wastewater Treatment Plant site during broadcast call surveys conducted by an HTH ecologist in 2010 (HTH 2010). The Project site contains optimal habitat (i.e., large trees, multilayered canopy, extensive fallen woody debris, potential prey, and connectivity to a large expanse of Sierra National Forest lands). California spotted owls are likely to forage and possibly nest on the site.

4.2.11 Great Gray Owl (Strix nebulosa)

Federal Listing Status: None; State Listing Status: Endangered; CDFW: None. The great gray owl, a State- listed endangered species in the family Strigidae, generally requires large meadows or meadow complexes for

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foraging, and adjacent large snags for nesting. This species occurs along meadow edges in mixed conifer, lodgepole pine, or old-growth red fir communities (CDFW 2014b). Forests with high canopy closure, with a cool subcanopy microclimate, are ideal for this species (CDFW 2014a). Great gray owls prey on meadow-dwelling small mammals from tree or snag perches (CDFW 2014b). Trees in dense forest stands are used for roosting (CDFW 2014b). They nest in large, broken-topped trees and snags, or use the nests of other bird species (Cornell Lab of Ornithology 2014b; CDFW 2014b). Eggs are laid between March and May, with an average clutch size of three eggs per year (CDFW 2014b).

The great gray owl is a resident of the Sierra Nevada Range from Quincy in Plumas County south to the Yosemite region, with occasional sightings in northwestern California in the winter and in the Warner Mountains in northeastern California in summer (CDFW 2014b). This species has been documented at elevations ranging from 4500 to 7500 ft (CDFW 2014b). Great gray owls were observed in 2013 within 5 miles of the Project site in the Sierra National Forest’s Goat Meadow (Cornell Lab of Ornithology 2014a). In addition, there have been observations of this species in the Project vicinity in Yosemite National Park in 2014 (Cornell Lab of Ornithology 2014a), as well as older records in the CNDDB (CDFW 2014a) (Figure 4). The Project site is within the geographic distribution and elevational range of this species. Individuals may forage in the wet meadow habitats on the site; however, these areas are relatively small compared to sites usually used by great gray owls for foraging. The tree inventory determined that no large snags with broken tops are present, but they could use nests of other raptor species that were observed on the site. Therefore, it is possible that great gray owls use the Project site for limited foraging, and could possibly nest on the site.

4.2.12 Northern Goshawk (Accipiter gentilis)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. The northern goshawk, a Species of Special Concern, is a large hawk in the family Accipitridae. This species is found in mature, dense coniferous forests interspersed with meadows and other openings, and near riparian areas (CDFW 2014b). Northern goshawks forage in wooded areas, and use snags and dead-topped trees as perches to prey on large birds, squirrels, rabbits, and hares (Cornell Lab of Ornithology 2014b) (CDFW 2014b). Roosting is in mature and old-growth stands of coniferous and deciduous forests (CDFW 2014b). Nests are in large, living trees on northern slopes, and are constructed in a large bowl of thick sticks lined with bark and greenery (Cornell Lab of Ornithology 2014b; CDFW 2014b). Typical clutch size is one to five eggs, which are laid by mid-June. Northern goshawks are extremely defensive of their nests and commonly strike people or wildlife if disturbed (Cornell Lab of Ornithology 2014b; CDFW 2014b).

The northern goshawk occurs in the North Coast Ranges, Sierra Nevada, Klamath, Cascade, Warner, Mount Pinos, San Jacinto, San Bernardino, and White mountains, at middle and high elevations (CDFW 2014b). This species was observed in the Project vicinity in Goat Meadow in 2008, and more recently in Yosemite National Park at Wawona and Mariposa Grove (Cornell Lab of Ornithology 2014a). During focused surveys for the Tenaya Lodge Wastewater Treatment Plant, HTH ecologists detected molted feathers from this species on Sierra National Forest property to the south (HTH 2010). Dense stands of mature, large trees on the Project site could

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potentially be suitable for this species, and they may forage or nest in the forested portions of the Project site. Therefore, it is possible for the northern goshawk to occur on the Project site.

4.2.13 Olive-sided flycatcher (Contopus cooperi)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern; USFWS: Bird of Conservation Concern. The olive-sided flycatcher, a Species of Special Concern, is a large passerine in the family Tyrannidae. This species breeds in montane and northern coniferous forests, and winters at forest edges and clearings where tall trees or snags are present (Cornell Lab of Ornithology 2014b). Favored communities include boreal spruce and fir forests near openings, ponds and bogs (Mitch Waite Group 2013). It prefers burned areas where openings and snags may facilitate the capture of insects, especially bees (Cornell Lab of Ornithology 2014b). They sail out from a tree top or snag to catch a flying insect, and then return to the same perch, beating large prey on the perch (Cornell Lab of Ornithology 2014b). Nests are an open cup of twigs, rootlets, and lichens, placed near tip of horizontal branch of a tree, and there are two to five eggs in a clutch (Cornell Lab of Ornithology 2014b).

Olive-sided flycatchers are found throughout North America, breeding in Alaska, Canada, the Pacific Northwest, and the mountains of California, Arizona, and New Mexico (Mitch Waite Group 2013). They winter in the tropics (Mitch Waite Group 2013). This species is found in the vicinity of the Project site in the summer (Mitch Waite Group 2013). Numerous recent sightings have occurred at Fish Camp (Cornell Lab of Ornithology 2014a). Suitable foraging and nesting habitat is present on the site, and this species is likely to forage and nest on the site.

4.2.14 Peregrine falcon (Falco peregrinus)

Federal Listing Status: None; State Listing Status: None; CDFW: Fully Protected; USFWS: Bird of Conservation Concern. The peregrine falcon, in the family Falconidae, is listed by CDFW as fully protected. This species occupies tundra, savannas, sea coasts, mountains, and urban landscapes (Mitch Waite Group 2013). Peregrine falcons prey on medium-sized birds by swooping down and delivering a powerful blow (Cornell Lab of Ornithology 2014b). They are reported to be the fastest bird in the world (Cornell Lab of Ornithology 2014b). They breed at elevations up to about 12,000 ft in open landscapes with cliffs, as well as along rivers, coastlines, and in cities with skyscrapers. During migration and winter, they are found in any open habitat, and commonly occur along barrier islands, mudflats, coastlines, and lake edges. Nest sites are typically 25–1300 ft above the ground in cliffs, and consist of scrapes on ledges. Peregrine falcons lay two to five eggs per clutch (Cornell Lab of Ornithology 2014b).

Peregrine falcons breed in Alaska, Canada, and mountainous areas of the western United States, with a few locations in the eastern United States (Mitch Waite Group 2013). They winter on coasts north to British Columbia, and on the East Coast and Gulf Coast of the United States (Mitch Waite Group 2013). This species is considered to be present year-round in the vicinity of the Project site (Mitch Waite Group 2013), but few observations have been recorded in the vicinity, and none have been documented to occur between Yosemite National Park and Oakhurst (Cornell Lab of Ornithology 2014a; CDFW 2014a). However, peregrine falcons

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could occur on the site on a transitory basis, and there is a remote possibility that they could forage on the site. No suitable nesting structures are present. Therefore, peregrine falcons are unlikely to occur on the Project site.

4.2.15 Vaux’s Swift (Chaetura vauxi)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. Vaux’s swift is a Species of Special Concern in the family Apodidae. They nest in coniferous or mixed conifer forest (Cornell Lab of Ornithology 2014b). They forage on flying insects in forest openings, especially above streams or burned areas (CDFW 2014b). They roost communally in the hundreds or thousands, presumably to conserve body heat (Cornell Lab of Ornithology 2014b). They also nest communally, usually in the hollows of trees and they favor stubs charred by fire (CDFW 2014b). Breeding is from early May to mid-August, and clutch size is three to seven eggs (CDFW 2014b).

In California, Vaux’s swifts breed in the Coast, Sierra Nevada, and possibly the Cascade ranges (CDFW 2014b). They are a migrant throughout most of California. A few winter irregularly in southern California coastal lowlands, and most overwinter in Central America (CDFW 2014b; Cornell Lab of Ornithology 2014b). They are present in the Project vicinity only in the summer, and there are nearby observations during the breeding season (Cornell Lab of Ornithology 2014a). Since suitable habitat for nesting and foraging is present on the site, this species could possibly occur.

4.2.16 Willow Flycatcher (Empidonax traillii)

Federal Listing Status: None; State Listing Status: Endangered; USFWS: Bird of Conservation Concern. The willow flycatcher is listed by the State as endangered, which includes all subspecies (CDFW 2014c). This species is in the family Tyrannidae. Willow flycatchers are most common in dense willows near wet meadows, ponds, or backwaters (CDFW 2014b). They breed in shrubby areas adjacent to water, and winter in shrubby areas with clearings and early successional growth (Cornell Lab of Ornithology 2014b). They feed on insects and some berries in the fall (Cornell Lab of Ornithology 2014b). They require dense shrubby vegetation near ground level, and are absent from areas that have been heavily grazed by livestock (CDFW 2014b). Nests are an open cup in upright fork of willow or other shrub at a height of 1.5 to 10 ft, and three to four eggs are laid (CDFW 2014b).

In the summer, the willow flycatcher occurs throughout all of California except the southernmost extreme (Cornell Lab of Ornithology 2014b). They occur from 2000 to 8000 ft elevation in the Sierra Nevada and Cascade ranges (CDFW 2014b). They winter in Central and South America (Cornell Lab of Ornithology 2014b). Breeding has been documented at Wawona and Bass Lake (CDFW 2014a), and individuals have been seen near Oakhurst (Cornell Lab of Ornithology 2014a). The willows along Big Rainier Creek lack sufficient shrubby structure and density to support this species; therefore, willow flycatchers would not breed on the site. They could forage in the meadow and pond area and may occur on the Project site on a transitory basis. Presence of willow flycatchers on the site is considered unlikely.

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4.2.17 Foothill Yellow-legged Frog (Rana boylii)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. The foothill yellow-legged frog is a stream and river frog in the family Ranidae (Stebbins 2003), and is a Species of Special Concern. They prefer small- to moderate-sized streams with cobble substrate, open sunny banks, and isolated pools (Pacific Southwest Research Station 2014). They are usually found close to water, with adults and juveniles preferring pool and riffle habitats and metamorphs occupying riparian and streamside habitats adjacent to the wetted stream channel (Stebbins 2003; Haggarty 2006; Pacific Southwest Research Station 2014). They breed from mid-March to early June after velocities subside (Stebbins 2003; Wheeler and Welsh 2008). Breeding is along the margins of low-gradient portions of streams and rivers with cobble and boulder substrates, and larvae remain in these areas (Kupferberg 1996). Larvae metamorphose between July and September (Jennings and Hayes 1994).

Historically, this species occurred in the Cascade and Coast ranges from central Oregon to Los Angeles County, the foothills of the Sierra Nevada to about 6000 ft elevation, and the Tehachapi and San Gabriel mountains of southern California (Jennings and Hayes 1994; Stebbins 2003; Fellers 2005). The Project site occurs within the elevational and distributional ranges in which this species has been found on the western slope of the Sierra Nevada (Jennings and Hayes 1994). The Museum of Vertebrate Zoology at Berkeley contains records of foothill yellow-legged frogs from “Big Creek, Fish Camp” collected in 1953 (Arctos 2014; Berkeley Mapper 2014). The geographic coordinates of the museum records are adjacent to the pond on the Project site. The next nearest locality to the Project site is at the Chowchilla River, where the species was last seen in 1970 (CDFW 2014a) (Figure 4).

Potentially suitable habitat is present on the Project site in Big Rainier Creek, including riffles and pools, cobble and boulder substrates, open sunny banks, vegetated margins, and low to moderate water velocity. The pond does not represent suitable habitat because this species generally does not occur in lentic habitats. No foothill yellow- legged frogs were detected during the focused surveys conducted on the Project site. This species would have been seen during the surveys if present in the stream reaches searched.

Populations of the foothill yellow-legged frog in the southern third of its former range have been extirpated (Jennings and Hayes 1994), including a reduction of 66% of its range in the Sierra Nevada (Stebbins 2003). The few scattered populations in which this species persists in the Sierra Nevada foothills south of Interstate-80 are thought to be prone to imminent extinction (Stebbins 2003; Fellers 2005). The only extant populations in Mariposa County are located along the northwestern edge of the county (Pacific Southwest Research Station 2014). Therefore, even though suitable habitat is present in Big Rainier Creek on the Project site and the species historically occurred there, it is not likely to occur because it was not detected during focused surveys conducted at an appropriate period to detect the species, and since it likely has been extirpated from this region. Nonnative American bullfrogs, which prey on and compete with foothill yellow-legged frogs (Moyle 1973; Jennings and Hayes 1994; Kupferberg 1997; Stebbins 2003), were found in the stream, further supporting the conclusion that this species is absent from the Project site.

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4.2.18 Sierra Nevada Yellow-legged Frog (Rana sierrae)

Federal Listing Status: Endangered; State Listing Status: Threatened; CDFW: Species of Special Concern. The Sierra Nevada yellow-legged frog is the only frog in the family Ranidae that occurs in high elevations in California (Stebbins 2003). It is State listed as a threatened species and is a Species of Special Concern. Formerly called the mountain yellow-legged frog (Rana muscosa), Vredenburg et al. (2007) provided molecular and phenotypic data that assigned populations in the northern and central Sierra Nevada Mountains to R. sierrae, and those in southern Sierra Nevada and mountains of southern California to R. muscosa. The Sierra Nevada yellow-legged frog inhabits permanent lakes, ponds, meadow streams, and isolated pools, and prefers open or rocky shorelines with gentle slopes (Jennings and Hayes 1994). The frogs are usually found close to water, and overwinter in deep underwater areas that do not freeze (Jennings and Hayes 1994; Stebbins 2003). Breeding is from March through August, and commences when habitats are free of snow and ice (Stebbins 2003). Larvae overwinter and transform in their third or fourth summer (Stebbins 2003). Larvae and metamorphs select warm microhabitats such as shallow, sunny, open areas.

Historically, the Sierra Nevada yellow-legged frog ranged from Plumas County to Tulare and Inyo counties, at elevations from 3525 to over 12,000 ft (Jennings and Hayes 1994; Stebbins 2003). West of the Sierra Nevada crest, the southern extent of the species’ distribution is the ridges that divide the Middle and South forks of the Kings River (Vredenburg et al. 2007). Therefore, the Project site is within the range of this species, although it typically occurs at slightly higher elevations in this area. The locality nearest to the Project site is in the South Fork of the Merced River, 1.5 to 2.0 miles downstream from Wawona, where the species was observed in 1922 (CDFW 2014a) (Figure 4).

No Sierra Nevada yellow-legged frogs were detected during the focused surveys. The presence of predatory fishes and American bullfrogs would preclude this species from occurring in the pond on the Project site. The pond also does not contain habitat features generally associated with this species, in that it is shallow and densely vegetated around the margins. Although this species may use stream habitats in some situations, Big Rainier Creek on the Project site likely would not be suitable because of the presence of trout, high water velocity during winter, high canopy cover, and cool temperatures. In addition, a recent survey of 146 historical localities of the Sierra Nevada yellow-legged frog detected the species at only 11 (8%) sites (Vredenburg et al. 2007). Their distribution has been restricted because they do not co-occur with fish that have been stocked in many high mountain lakes, which prey on tadpoles and compete with adult frogs (Bradford 1989; Bradford et al. 1993; Stebbins 2003; Knapp et al. 2007, Finlay and Vredenburg 2007). More recently, this species has been in severe decline due to the amphibian disease chytridiomycosis (Fellers et al. 2001; Vredenburg et al. 2010). Therefore, the Sierra Nevada yellow-legged frog is considered absent from the Project site because habitats are only marginally suitable, aquatic predators would exclude the species, and the frogs likely would have been detected during the surveys if present.

4.2.19 Northern Western Pond Turtle (Actinemys marmorata)

Federal Listing Status: None; State Listing Status: None; CDFW: Species of Special Concern. The northern western pond turtle is a member of a diverse family of turtles, Emididae, and is a Species of Special

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Concern. The former subspecies of the western pond turtle, Actinemys marmorata pallida and A. m. marmorata, have recently been given species status (Spinks et al. 2014). Formerly, this taxon was known as the southwestern pond turtle (Clemmys marmorata pallida) in this area, and some sources (such as CDFW) use Emys marmorata.

Aquatic habitats of this species include ponds, lakes, rivers, streams, marshes, brackish lagoons, and irrigation ditches (Stebbins 2003). They prefer a mosaic of vegetation and open areas for basking, such as logs, cattail mats, or mats of submergent aquatic vegetation (Jennings and Hayes 1994; Stebbins 2003). They use upland habitats for nesting, overwintering, refuge when ponds dry up, when there are high flows, and during cold water temperatures. Some turtles will move up to 1148 ft away from aquatic habitats in winter, where they rest under leaf litter or root masses of trees (Rathbun et al. 1992, 1993). Nests are usually constructed 33 to 623 ft from water bodies (Holland 1991), and have been found as far as 1318 ft from aquatic sites (Storer 1930). Females leave the water to lay eggs from late April to early August (Jennings and Hayes 1994; Stebbins 2003). Hatchlings emerge in the spring and move to aquatic sites. Age and size at sexual maturity vary between sites, and takes 7 to 11 years (Jennings and Hayes 1994). Under favorable conditions, they are extremely long-lived and may live several decades (Jennings and Hayes 1994).

In California, the range of the northern western pond turtle is the north coast from San Francisco Bay to the Oregon border, the Central Valley, and foothills of the Sierra Nevada Mountains (Spinks et al. 2014). They are found from sea level to 6696 ft, but most populations are below 4980 ft elevation (Stebbins 2003) and many of the higher elevation localities are sites in which they were introduced (Jennings and Hayes 1994). They are known from the western slope of the Sierra Nevada Mountains throughout Mariposa County (Jennings and Hayes 1994). Therefore, the Project site is just outside this species’ natural distribution because it is located at a slightly higher elevation. The nearest recorded occurrence in the CNDDB is in the vicinity of Oliver Creek on SR 49 near Triangle Road in Mariposa (CDFW 2014a) (Figure 4). A 1951 museum record documents an occurrence in Coarsegold (Arctos 2014).

Suitable habitat is present on the Project site in the pond and Big Rainier Creek. Rocks around the pond margins and submergent vegetation could be used as basking sites. During the October 2014 focused surveys, the water was warm and food sources (aquatic invertebrates and carrion) were present. The areas of Big Rainier Creek with low canopy cover are especially suitable for pond turtles. Pools are of adequate depth, and potential basking sites on logs and boulders are plentiful. However, no northern western pond turtles were seen during the focused surveys. Weather conditions were highly suitable for this species at the time the surveys were conducted (warm temperatures and clear conditions), and this species was readily detected by an HTH biologist at this time at about 1200 ft elevation, near SR 41 (A. Sparks, HTH ecologist, personal observation). Therefore, turtles should have been seen during the surveys if they were present. The site is slightly outside of this species’ natural range, and in the absence of human-caused introductions, may not have ever historically occurred at the site. The presence of large, predatory nonnative bullfrogs (Appendix A, Photograph 7) may also preclude this species from occurring (Moyle 1973; Jennings and Hayes 1994), and nonnative fish may compete for food resources (Jennings and Hayes 1994). Although nonnative predators may exclude turtles from the pond, the turtles could potentially use Big

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Rainier Creek in very low numbers. However, although suitable habitat is present on the Project site, northern western pond turtles are considered absent because they would have been detected during the surveys if present.

4.3 Designated Critical Habitat

There is no designated critical habitat on the Project site or in the vicinity (CDFW 2014a; USFWS 2014a).

4.4 Migratory Birds

Many resident and migrant birds would likely build nests in various trees, shrubs, and snags on the Project site, including special-status species as well as common species that are protected under the MBTA. Special-status species or those designated as Species of Special Concern or Birds of Conservation Concern (CDFW 2014b; USFWS 2014a) with potential to occur on the site include: California spotted owl, calliope hummingbird (Stellula calliope), flammulated owl (Otus flammeolus), fox sparrow (Passerella liaca), northern goshawk, olive-sided flycatcher, Vaux’s swift, white-headed woodpecker (Picoides albolarvatus), and Williamson’s sapsucker (Sphyrapicus thyroideua).

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Section 5.0 Sensitive and Regulated Habitats

5.1 Tree Inventory

On the Project site, 549 trees and 6 snags >20 inches dbh were identified during the tree inventory (Figure 5). These consist of 279 white firs, 212 incense cedars, 43 sugar pines, 11 ponderosa pines, 2 white alders, and 2 California black oaks.

The two California black oaks >20 inches dbh may be removed under the current site plan. An enumeration of the other tree species to be removed has not been made; however, the Project has been designed to minimize the number of trees removed. There were no other mature California black oaks identified within the Property. A large grove of California black oaks historically occurred in Fish Camp, but it was removed for lumber (County of Mariposa 2009). It is possible that timbering activities over the past 100 years have maintained the low numbers of this species on the Project site. Young black oaks were present in the riparian habitat, indicating that reproduction is occurring.

5.2 Sensitive Natural Communities

The sensitive natural communities recorded in the CNDDB as occurring in the nine-quadrangle search area are Central Valley Drainage Hardhead/Squawfish Stream and Big Tree Forest (CDFW 2014a). Neither of these communities occurs on the Project site. The Central Valley Drainage Hardhead/Squawfish Stream community comprises stream habitat for hardhead (Mylopharodon conocephalus) and Sacramento pikeminnow (or “squawfish” [Ptchochelius grandis]). This habitat is found in low to middle elevations, and includes rivers and warm streams with low velocities. Because of moderate to high velocities (in winter) and cold water temperatures, Big Rainier Creek would not be suitable for these fish species. Big Tree Forest comprises Sierra redwood (Sequoiadendron giganteum), which does not occur on the Project site (Appendix B).

The Trust Resources List for the Project site (USFWS 2014a) gave three wetland types on the subject property that are listed in the NWI (USFWS 2014c): Freshwater Emergent Wetland, Freshwater Forested/Shrub Wetland, and Freshwater Pond. These habitats are described in Section 3.2. Impacts on wetlands and other aquatic habitats may be subject to regulation under the Clean Water Act, and other State and federal statutes, as described below.

5.3 Jurisdictional Wetlands and Other Waters

The Project site is located in the Big Creek Subwatershed (Hydrologic Unit Code 180400080203), in the larger South Fork Merced River Watershed (Hydrologic Unit Code 1804000802). Rainier Creek originates east of the Project site, and is depicted as a blue line stream on the USGS Fish Camp 7.5-minute quadrangle. The portion that passes through the Project site is labelled as Big Rainier Creek; Big Creek occurs downstream of the Project site and empties into the South Fork of the Merced River, in Yosemite National Park to the north. The South Fork of the Merced River merges with the Merced River, which generally runs in a southwest direction toward the

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San Joaquin Valley. The New Exchequer Dam creates Lake McClure on the Merced River. The Merced River joins the San Joaquin River at Hills Ferry, south of the City of Turlock.

Approximately 8.73 acres of potentially jurisdictional waters were identified on the Project site (Figure 6). Such areas comprise 6.51 acres of wetlands, and 2.22 acres of other waters (Table 4). The remaining areas on the property (approximately 15.50 acres) do not meet the definition of areas potentially subject to jurisdiction, and consist of upland habitat.

A complete Preliminary Delineation of Wetlands and Other Waters report is being prepared separately, and contains detailed mapping of the potentially jurisdictional areas. Figure 6 shows approximate boundaries for preliminary planning purposes.

Table 4. Summary of Potentially Jurisdictional Areas

Potentially Jurisdictional Areas Acres

Wetlands 6.51

Freshwater forested/shrub wetland/riparian 4.37

Wet meadow/freshwater emergent wetland 2.14

Other waters 2.22

Perennial stream 1.10

Intermittent stream 0.02

Drainage channel 0.06

Freshwater pond 1.04

Total Potentially Jurisdictional Areas 8.73

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LEGEND

Project Site

Explorer Cabins Project

Project Limit

Private

Potentially Jurisdictional Wetlands Freshwater Forested/Shrub Wetland/Riparian ( 0.02 ac Permanent Impacts; 0.02 ac Temporary Impacts) Wet Meadow/Freshwater Emergent Wetland (<0.01 ac Permanent Impacts; 0.02 ac Temporary Impacts)

Potentially Jurisdictional Other Waters Perennial Stream Drainage Channel Intermittent Stream Freshwater Pond

Non-Jurisdictional Areas Upland (Lower Montane Coniferous Forest)

200 100 0 200 Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, Feet swisstopo, and the GIS User Community N:\Projects3500\3540-01\02\Report\Biotic Report\FigureApproximate 6 Boundaries of JurisdictionalAreas.mxd Figure 6: Potentially Jurisdictional Wetlands and Other Waters Tenaya Lodge Explorer Cabins Biotic Report (3540-02) November 2014

Section 6.0 Environmental Impacts

6.1 Significance Criteria

CEQA defines a significant effect on the environment as “a substantial, or potentially substantial, adverse change in the environment.” (Public Resource Code, Section 21068). Projects that may have significant effects are required to be analyzed in an Environmental Impact Report (EIR). Under the State CEQA Guidelines, Section 15065, a project’s effects on biotic resources are deemed significant where the project would do any of the following:

• Potentially substantially degrade the quality of the environment • Substantially reduce the habitat of a fish or wildlife species • Cause a fish or wildlife population to drop below self-sustaining levels • Threaten to eliminate a plant or animal community • Substantially reduce the number or restrict the range of an endangered, threatened, or rare species • Have possible environmental effects that are individually limited but cumulatively considerable

In addition to the Section 15065 criteria that trigger mandatory findings of significance, Appendix G of the State CEQA Guidelines includes six additional impacts to consider when analyzing the significance of project effects. The impacts listed in Appendix G may or may not be significant, depending on the level of impact. A project’s effects on biotic resources could be deemed significant if the project would do the following:

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by CDFW or USFWS. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by CDFW or USFWS. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

If the project proponent agrees to mitigation measures or project modifications that would avoid all significant effects or would mitigate the significant effect(s) to a point below the level of significance, an EIR would not be

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required. The project proponent would be bound to implement the mitigation measures to avoid any net loss of habitat and net reduction in the number of affected species, or the mitigation would be required to preserve, restore, or enhance sufficient habitat to mitigate effects to below a level of significance. Mitigation is not required for effects that are not found to be significant.

6.2 California Rare Plant Ranked Plants

CEQA Section 15380 states that species may be considered rare, threatened, or endangered without formal State or federal listing if the species’ survival and reproduction in the wild are in immediate jeopardy; the species is likely to become endangered in the foreseeable future throughout all or a significant part of its range; or although not presently threatened with extinction, the species exists in such small numbers throughout all or a portion of its range that it may become endangered. Plants designated CRPR 1A, 1B, 2A, 2B, and 3 meet these CEQA definitions, and adverse effects on these species may be considered significant. Plants designated CRPR 4 are also considered during CEQA review, and because some of these species are considered rare locally, and impacts on these limited distribution species should be assessed for significance on a species- and impact-specific basis.

In collaboration with CNPS and botanical experts, CDFW maintains an Inventory of Rare and Endangered Plantsand the Special Vascular Plants, Bryophytes, and Lichens List. Species on these lists may may the definition rare, threatened, or endangered under CEQA. CDFW advises public agencies during the CEQA process that plant species with an appropriate CRPR be analyzed for compliance.

6.3 Direct and Indirect Impacts

Direct effects (or impacts), as defined under CEQA, are caused by a project and occur at the same time and place. Indirect effects are caused by a project, but occur at a different time or place. Indirect effects may include project- induced changes on the pattern of land use, population density, or growth rate, and related effects on air, water, or ecosystems (State CEQA Guidelines, Section 15054[d][2]). The analysis of direct and indirect significant effects of the project on the environment must consider both short- and long-term effects. The discussion should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems, and changes induced in population distribution and concentration. Impacts associated with the Project are presented below under the applicable significance criterion.

6.3.1 Criterion A: Adverse Effects on Candidate, Sensitive, or Special-status Species

The Project will have no effect on any federally or State-listed endangered or threatened species because these species are not expected to occur on the site (Tables 2 and 3). However, impacts may occur on the fisher, which is federally proposed and is a State candidate for listing as threatened. In addition, species considered by CDFW to be Species of Special Concern or plants considered rare may be present on the site and could be impacted. These impacts are detailed below, and mitigation measures are recommended reduce these impacts to a level below significance. In addition, general biological mitigation measures (Mitigation Measures [MM] BIO-7a through MM BIO-7f) are recommended to reduce a broad range of Project impacts.

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Impact BIO-1: California Rare Plant Ranked Plants As discussed above, 19 species considered as CRPR 1, 2, 3, or 4 could occur on the Project site. Protocol-level surveys have not yet been conducted to determine whether any of these species occur in areas that would be affected by the proposed Project, and none of these species were seen during the reconnaissance surveys. Rare plant surveys would be required during the appropriate blooming periods of the plant species determined to have potential to occur onsite (Table 1). If sensitive plant species are present, Project activities such as grading, excavation, trenching, structure and infrastructure placement, and trampling/soil compaction caused by construction access and staging could directly affect these plants. Long-term effects could include reductions in numbers when habitat is lost to construction of new structures and roads, and because of site maintenance activities, such as mowing, irrigation of lawns, and brush clearance for fire protection. Short-term effects could be temporary ground disturbance such as trenching utility lines and staging areas that are allowed to revegetate after construction. Ground disturbance generally favors nonnative plant species that may outcompete native species in the long term. Another short-term effect could be dust created by construction equipment that coats plant surfaces, interfering with gas exchange, photosynthesis, and pollination. Indirect effects could include changes in hydrologic patterns due to the installation of paved surfaces, which could change patterns of runoff and infiltration or cause erosion.

Significance: If any rare plant species would be affected by the Project, especially those in a CRPR category of 1A, 1B, 2A, 2B, or 3 Project impacts may be considered significant. The level of significance is dependent on the species’ status regionally and elsewhere, and the number of plants that would be affected relative to their overall population size and characteristics of the onsite population, as described in Section 6.2. The following mitigation, along with the general biological measures (MM BIO-7a through MM BIO-7f), may be required to bring impacts to a level below significance, but will ultimately be determined based upon the results of the focused rare plant surveys and the degree of any impacts.

Mitigation Measure BIO-1a: Conduct preconstruction surveys for and avoid rare plant species. During the spring and summer prior to construction, a qualified plant ecologist shall conduct surveys during the period when the rare plant species with potential to occur on the Project site are identifiable, which is generally the blooming period (Table 1). The surveys shall follow the protocols given in CNPS Botanical Survey Guidelines (CNPS 2001) and Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFG 2009). If no rare plant species are detected during the survey, no further mitigation is required.

If rare plant species are detected, the Project Proponent in consultation with a qualified plant ecologist shall design, construct and maintain the Project to avoid or mimimize impacts to the extent feasible. Avoided populations shall include a buffer of at least approximately 25 ft, which may be increased or decreased depending on the species’ rank, site-specific conditions, and anticipated Project activities. All such populations within 100 ft of Project disturbance limits, and their associated buffer areas, shall be clearly depicted on construction plan sets. Before any ground disturbance or vegetation removal, the avoidance areas shall be clearly flagged and maintained throughout construction. Protected plant populations shall be fenced throughout the operation of the resort facility to minimize impacts from recreational use and site maintenance activities.

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If complete avoidance is not feasible, additional mitigation shall be determined based upon the level of impacts and rank of the species affected. A general guideline is that if the number of individuals affected is equal to or greater than 10% of the regional population for CRPR 1B, 2A, 2B, or 3 species, or equal to or greater than 30% of the regional population for CRPR 4 species, compensatory mitigation as described in MM BIO-1b shall be implemented.

Mitigation Measure BIO-1b. Provide compensatory mitigation for impacts on special-status plant species. The Project Proponent shall provide compensatory mitigation areas to offset the impacts on any rare plant populations that could not be avoided and meet significance criteria, as described in MM BIO-1a. Areas with potentially suitable habitat for the target species affected, as determined by the qualified plant ecologist, shall be preserved onsite at a 1:1 ratio (area preserved: area affected). The compensatory mitigation area will be protected in perpetuity with a conservation easement. No maintenance activities (other than nonnative plant removal) or future development may occur in these compensatory mitigation areas. The mitigation areas should either be already occupied by the target species or have suitable habitat and be located in close proximity to existing populations from which propagules can spread naturally. The qualified plant ecologist may recommend that seeds or other propagules be collected from local sources and planted in mitigation areas.

Impact BIO-2: Heritage Trees Two California black oak trees >20 inches dbh were identified within the impact area, and would be removed under the current site plan (Figure 5). Even if not removed, work within or near the dripline of these trees may compact soil and negatively impact the root systems, which could result in susceptibility to disease, reduced vigor and health, and the eventual mortality of the trees. These trees could be considered to be Heritage Trees by the County of Mariposa under future policy or ordinance.

Significance: The loss of these two large California black oak trees could be considered significant because of their rarity on the site and in the local area of Fish Camp. No other mature black oak trees were identified during the tree inventory on the Project site. Implementation of the following mitigation measures would be required to reduce impacts to a less-than-significant level.

Mitigation Measure BIO-2a: Avoid mature California black oak trees. If possible, the site plan shall be redesigned to relocate the clubhouse away from heritage California black oak trees, including a 25-foot buffer between the driplines of the trees and any landscaped and irrigated areas. If these trees cannot be avoided, then MM BIO-2b shall be implemented.

Mitigation Measure BIO-2b: Provide compensatory mitigation for impacts on California black oaks. The Project Proponent shall retain a qualified plant ecologist to design a California black oak replanting plan. If any soil disturbance, staging, or vehicle access takes place during construction within the 25-foot buffer from the dripline of California black oak trees >20 inches dbh, or if these trees are removed, they shall be replaced at a 4:1 ratio (number of seedlings planted: number of mature trees removed or potentially impacted). Seedlings will be procured from locally obtained stock. The qualified plant ecologist will prepare a planting plan that will detail

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watering regime, protection from herbivores, nonnative plant species removal, monitoring for 5 years, success criteria, and a contingency plan if success criteria are not met after the end of the monitoring period.

Impact BIO-3: American Badger Although it is unlikely that American badgers would occur on the Project site, there is a slight possibility that individuals could be killed or injured during grading for the construction of roads and structures, or during operations and maintenance activities such as by vehicle collisions. These direct effects have the highest potential to occur in clearings or near the edges of meadows. Potential, but marginal, badger habitat around the pond will not be affected by the Project, so there would be no loss of habitat.

Significance: Because of the regional rarity of the American badger in this area, the loss of any individuals could be considered significant. Implementation of the following mitigation measures, along with the general biological measures (MM BIO-7a through MM BIO-7f), will reduce any potential effect to American badger to less-than- significant.

Mitigation Measure BIO-3a: Conduct preconstruction surveys for American badgers and avoid occupied dens. No more than 30 days before the start of construction activities, the Project Proponent shall retain a qualified biologist to conduct preconstruction surveys for potential American badger dens. All areas of suitable habitat within the impact area plus a 300-foot buffer (where access allows) shall be surveyed, and all potential dens shall be flagged and mapped. Any potential dens identified will be monitored using tracking medium or an infrared-beam trail camera for three consecutive nights to determine current use. Inactive potential dens shall be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where feasible, since they would be available to badgers after construction. Occupied badger dens shall be flagged, and a buffer around the den shall be established in which all ground-disturbing activities are avoided. If construction takes place during the nonbreeding season (1 July through 14 February), the buffer shall be 50 ft from the occupied den, and if construction takes place during the breeding season (15 February through 30 June) the buffer shall be 200 ft to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and shall not be removed until the qualified biologist has determined that the den is no longer in use. Flagging that is highly visible shall encircle the occupied den at the appropriate buffer distance, and shall not prevent access to the den by badgers. If work must be conducted within the buffer area of an active nonmaternity den, badgers shall be relocated following the methods described in MM BIO-3b.

Mitigation Measure BIO-3b: Passively remove American badgers if den avoidance is not feasible. If avoidance of an active nonmaternity den is not feasible, badgers shall be excluded by incrementally blocking the den over a three-day period using branches or other forest materials, to create disturbance and encourage relocation. This work shall be conducted by a qualified biologist outside of the young rearing season (15 February through 30 June). Then the den will be slowly excavated, either by hand or with mechanized equipment, removing no more than 4 inches of soil at a time.

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Impact BIO-4: Fisher The fisher has potential to occur on the Project site, and they could be affected by Project construction and operation. Suitable denning, resting, and foraging habitat may be lost in the long term as a result of Project implementation. The focused habitat assessment conducted for this Project determined that there are many large mature trees on the site have structures suitable for use by fishers as resting sites. The habitat area affected would extend beyond the development footprint because recreational use of the site is expected to cause long-term disturbance that may cause fishers to avoid the site. Fishers appear to be sensitive to human occupancy because fishers that are currently being studied using radio telemetry avoid the developed areas of Fish Camp, but have been found to the north and south (Smith, pers. comm.). Therefore, up to 23.19 acres of foraging, denning and resting habitat could be permanently affected.

If fishers continue to use the site and anticoagulant rodenticides or insecticides are used during site maintenance, they may be poisoned through exposure directly to bait or secondarily through consumption of small mammals or insects that have been exposed to these compounds (Thompson et al. 2013).

Potential direct effects to fishers during construction include mortality due to vehicle or construction equipment collisions and impacts to dens. Surveys of the Project site determined that there are five trees with potentially suitable cavities that could be used by fishers for denning. If any of these trees are occupied by fishers and construction takes place while kits are in dens, tree removal could lead to loss of kits and injury or mortality to adults. Disturbance from construction activities could cause fishers to abandon dens in other areas, resulting in mortality to kits.

If the fisher is federally and/or State listed prior to or during construction of the Project, the Project Proponent would need to apply for a biological opinion from USFWS and/or an Incidental Take Permit from CDFW.

Significance: Although the Project may result in a loss of up to 23.19 acres of foraging and resting habitat, the Project site is surrounded by a large expanse of suitable foraging habitat in the Sierra National Forest, and this mobile species would likely move to surrounding areas and continue to pass through the Project site during operation of the resort. Therefore, the loss of fisher habitat would be less than significant.

However, Project impacts on any active fisher den sites would be considered a substantial adverse effect, and would be significant under CEQA. Implementation of the following mitigation measures and the general biological measures (MM BIO-7a through MM BIO-7f ) are required to reduce potential impacts to a less-than- significant level.

Mitigation Measure BIO-4a: Conduct preconstruction surveys for fishers and avoid occupied dens. Trees or snags containing cavities that were identified as potentially suitable for fisher den sites shall be screened using trail cameras no more than 7 days before the initiation of construction activities in any given area of the Project site to determine whether there are occupied dens. A minimum of three infrared trail cameras shall be used for each tree or snag with a potentially suitable cavity. The cameras shall be mounted in a circle around the base of the tree such that the cameras have direct and overlapping views of the base of the tree or snag, in order to detect

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a fisher traveling up the main trunk. The cameras shall be mounted no more than 20 ft from the base of the tree or snag and tested after installation to confirm they are functioning properly and that they trigger when there is motion at the trunk. A minimum of three consecutive nights of camera data with no detections of fishers is required before the tree or snag can be considered inactive. If any occupied dens are detected, a disturbance-free buffer of 300 ft shall be flagged around the den at ground level. Buffers may be modified by the qualified biologist, provided the fishers are protected, and shall not be removed until the qualified biologist has determined that the den is no longer in use. If buffer areas cannot be avoided during construction activities, MM BIO-4b shall be implemented.

Mitigation Measure BIO-4b: Conduct construction near occupied fisher dens outside the kit rearing season. If construction activities must be conducted within the established buffer areas from occupied fisher dens, work in these areas must take place between 1 June and 1 February, which is outside of the kit-rearing season. During this period and prior to work occurring within the established buffer, a qualified biologist shall monitor occupied den sites daily for a period of at least 7 days to confirm that the den has been vacated. Infrared trail cameras shall also be deployed during this period as outlined in Mitigation Measure BIO-4a above, to aid in confirming vacancy. If no fishers are seen or detected on the cameras, the tree can be removed or work can take place within the buffer area on the seventh monitoring day, with oversight by the qualified biologist. If fishers are observed to be occupying the den at any time during the 7-day monitoring period, the biologist will monitor the den weekly until the individual has vacated the den. Thereafter, the tree may be removed or work conducted within the buffer area with oversight by the qualified biologist.

Mitigation Measure BIO-4c: Avoid use of anticoagulant rodenticides and insecticides during construction and operation. To prevent exposing fishers to toxic chemical compounds, no anticoagulant rodenticides or insecticides shall be used during construction or operation of the Project.

Impact BIO-5: Special-status Bat Species Special-status bat species could use the Project site for foraging and roosting. Foliage-roosting bats (e.g., western red bat) and tree cavity-roosting bats (e.g., pallid bat) could roost on the site. These species are also likely to forage on the site, along with the Townsend’s big-eared bat, spotted bat, and western mastiff bat. The Townsend’s big- eared bat and spotted bat roost in cracks and caves in rock cliffs, or mines, bridges, and tunnels—because these structures are absent from the site, roosting by these species would not be affected. The western mastiff bat roosts in exfoliating rock slabs, columnar basalt crevasses, or cracks in buildings, which are not present on the site.

No focused surveys have been conducted on the site to determine which species are present and whether any roost sites are in trees that may be affected by the Project. Foraging habitat is not expected to be affected by the Project because bats will continue to forage over the site after Project development. Increased lighting may increase foraging potential for some species that feed on insects attracted to lights.

Maternity colonies of the pallid bat may potentially be directly affected by tree removal or disturbance caused by construction. If these colonies are located adjacent to areas that would receive a high degree of use during

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operation of the resort, this impact could be long-term. If the work is conducted outside of the breeding season, there would be fewer impacts on individuals, but a small amount of roosting habitat could be lost due to tree removal. Western red bats could be directly affected during tree removal if the work takes place when they roost in foliage. The Project could have a beneficial effect for species that use buildings for night roosts by increasing the availability of these structures.

Significance: The level of significance of Project effects on special-status bat species would depend on the listing status of the species present and the type of habitat that would be affected. Focused surveys, described below, would be needed to determine whether there would be substantial adverse effects, or if these effects could be avoided or minimized. For example, impacts on the maternity roosts of any special-status bat species, or any impacts on Townsend’s big-eared bats (a State candidate for listing as threatened) would be significant. However, the Project is not expected to cause take of Townsend’s big-eared bats since suitable roosting habitat is absent and foraging habitat would not be affected. Impacts of roost sites of pallid bats may be considered significant. If special-status bat species are present, the following mitigation measures, along with the general biological measures (MM BIO-7a through MM BIO-7f), would reduce any potential impacts to special-status bats species to less than significant.

Mitigation Measure BIO-5a: Conduct preconstruction surveys for roosting bats and avoid roost sites. Preconstruction surveys shall be conducted during an appropriate seasonal period to detect bats, which at this elevation would be mid-April to mid-October. Acoustic monitoring shall be performed to determine the species of bats occupying the site. Acoustic monitoring devices shall be set up for full coverage of the site and allowed to collect data for two nights. If no special-status bat species are detected during the initial acoustic monitoring surveys, the monitors shall be left in place for an additional three nights to confirm that special-status bat species are not present on the site. If no special-status bat species are detected, no further mitigation is required. If special-status bat species are detected, Generation 3-plus night-vision goggles shall be used in surveys to determine the presence of any roosting bats in tree cavities, under bark, or in foliage. All trees in the impact area plus a 300-foot buffer (on the subject property) shall be surveyed. Night-vision surveys shall be conducted by two people for two nights. If any roost sites are detected, a disturbance-free buffer of 300 ft shall be flagged. Buffers may be modified by the qualified biologist, provided the bats are protected, and shall not be removed until the qualified biologist has determined that the roost site is no longer in use. If buffer areas cannot be avoided during work, implementation of MM BIO-5b shall be required.

Mitigation Measure BIO-5b: Passively remove special-status roosting bats if avoidance is not feasible. If occupied roosts of special-status bat species cannot be avoided as described in MM BIO-5a, work in these areas must take place between 1 August and 31 October, which is outside the winter hibernation and maternity roosting seasons. In this period, a qualified bat biologist, who has received authorization under a Memorandum of Understanding with CDFW, and shall conduct passive eviction by opening the roosting cavity to allow air flow, placing a one-way door on the entrance(s) to the roost, or disturbing the roost using a high-frequency broadcasting device. A bat biologist shall continue monitoring the roost with acoustic surveys to ensure that no bats are in the roosts before the trees are removed.

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Impact BIO-6: Protected Bird Species California spotted owls, calliope hummingbirds, flammulated owls, fox sparrows, northern goshawks, olive-sided flycatchers, Vaux’s swifts, white-headed woodpeckers, and Williamson’s sapsuckers could forage and/or nest on the site. There is a slight chance that bald eagles and Lewis’s woodpeckers (Melanerpes lewis) could forage minimally on the site, but these species do not breed in this area. Black swifts, black-chinned sparrows (Spizella atrogularis), Costa’s hummingbirds (Calypte costae), great gray owls, green-tailed towhees (Pipilo chlorurus), Nuttall’s woodpeckers (Picoides nuttallii), peregrine falcons, and willow flycatchers could be present during migration or on a transitory basis, but nesting habitats are absent and foraging likely would be limited. Other species of birds, although common, are nevertheless protected under the MBTA and their nesting could be affected by the Project.

If work is conducted during the bird breeding season (typically 1 March to 31 August), bird nests, eggs, or young protected under the MBTA and California Fish and Game Code could be affected. Active nests could be destroyed during vegetation removal. Noise, vibration, and movement of construction equipment and personnel in close proximity to active nests could cause adults to abandon eggs or young, resulting in their mortality. These would be a short-term, direct effects. Special-status species such as California spotted owls, flammulated owls, and northern goshawks that are generally more sensitive to disturbance near nesting sites may avoid the property in the long-term due to disturbance from guests and maintenance activities. In general, foraging habitat would not be affected because the structure of the forest and wetland areas will not be affected by the Project. No indirect effects on prey or predators are expected to occur as a result of the Project.

Significance: Although the project could cause the loss of up to 24.23 acres of nesting habitat for special-status bird species that are sensitive to disturbance, this would not be a significant effect because of the abundance of suitable nesting habitat in the surrounding area. However, any disturbance of active nests of protected species would be considered significant. Implementation of the following mitigation measures along with the general biological mitigation measures (MM BIO-7a through MM BIO-7f) would reduce impacts to a less-than-significant level.

Mitigation Measure BIO-6a: Conduct work outside of the nesting season. If feasible, all construction activities shall occur between 1 September and 28 February, which is outside the breeding season. If the breeding season cannot be avoided, implementation of Mitigation Measure BIO-6b is required.

Mitigation Measure BIO-6b: Conduct preconstruction surveys for nesting birds (excluding raptors) and avoid nests. If it is not possible to schedule construction between 1 September and 28 February, a qualified biologist shall conduct a preconstruction survey for nesting birds to ensure that no active nests will be disturbed during Project implementation. The preconstruction survey shall be conducted no more than 7 days before the initiation of construction activities in any given area of the Project site. During this survey, the qualified biologist shall inspect all potential nest substrates in the impact area, and all nests identified will be monitored to determine if they are active. Surveys for raptors will follow established protocols, and are described in MM BIO-6c. If an active nest is found within 50 feet of the construction area to be disturbed by these activities, the biologist, in consultation with CDFW, shall determine the extent of a buffer to be established around the nest. The buffer will

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be delineated with flagging, and no work shall take place within the buffer area until the young have left the nest, as determined by a qualified biologist.

Mitigation Measure BIO-6c: Conduct preconstruction surveys for and avoid California spotted owl, northern goshawk, and other raptor nests. If construction activities occur during the breeding season (1 March to 31 August), a qualified biologist shall conduct focused surveys for nests of raptor species within the construction zone and plus a 500-foot buffer (where access allows), no more than 15 days before the initiation of construction activities at the Project site. These surveys shall follow the methods for nest site identification described in the relevant survey protocols, which include the following components:

California spotted owl (USFWS 2012): • Surveys to be conducted between 15 March and 31 August • Establish calling stations and survey routes to provide coverage of all suitable habitats within the Project site • Conduct nighttime spot calling using a digital wildlife caller • Conduct daytime follow-up surveys to determine nest sites by searching for pellets, whitewash, and molted feathers

Northern goshawk (U.S. Forest Service 2006): • Survey timing shall be based on local data for nesting activity in the vicinity • Listening stations should be placed to ensure coverage of all suitable habitat areas • Surveys should take place from at least 45 minutes before sunrise to 1.5 hours after sunrise • Nests should be located after the estimated date of hatching

If nests are found during the surveys, a 500-foot disturbance-free buffer shall be established around each nest, and demarcated by fencing or flagging. The buffer distance may be reduced if the qualified biologist determines that a nest site would be shielded from Project construction activities by topographic or other features that would minimize disturbance, and in coordination with CDFW. No work shall take place within the buffer area until the young have left the nest, as determined by a qualified biologist.

General Biological Mitigation Measures In addition to the species-specific mitigation measures described above, implementation of the following general biological mitigation measures will reduce impacts on all protected biological resources during construction and operation.

Mitigation Measure BIO-7a: Prepare and present a Worker Environmental Awareness Program. The Project Proponent shall retain a qualified biologist to prepare a Worker Environmental Awareness Program that will be presented to all construction personnel and employees before any ground-disturbing activities commence at the Project site. This program shall detail the avoidance and minimization measures undertaken during Project implementation to avoid and minimize impacts on biological resources. It shall include a description of special-

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status species potentially occurring on the Project site and their natural history; the status of the species and their protection under the ESA, CESA, Bald and Golden Eagle Protection Act, MBTA, and California Fish and Game Code; and the penalties for take.

The program shall also describe the measures to be undertaken to avoid impacts on jurisdictional areas. It shall include a description of jurisdictional areas on the site, the specifications of any permitted impacts on jurisdictional areas, measures to protect areas to be avoided, and maps showing the location of jurisdictional areas and any permitted impacts. All attendees of the Worker Environmental Awareness Program shall sign an attendance form.

Mitigation Measure BIO-7b: Observe construction standard operating practices. The following standard practices are recommended to reduce various project impacts on biological resources.

a. Prior to the start of construction, the limits of disturbance shall be clearly delineated by stakes, construction fencing, flags, or another clearly identifiable system.

b. All pipes, culverts, metal tubing, or similar structures stored or stacked on the Project site for one or more overnight periods shall be either securely capped before storage or thoroughly inspected for wildlife before the materials are moved, buried, capped, or otherwise used. In addition, materials such as lumber, plywood, and rolls of silt fence or roofing stored on site shall be thoroughly inspected before use. Materials that could provide shelter/nesting habitat for birds shall be covered with netting or other exclusion methods during the nesting season, where feasible and appropriate, to prevent birds from building nests. If encountered, wildlife shall be allowed to escape unimpeded, or relocated by a qualified biologist to a designated appropriate habitat area away from construction activities. Any wildlife relocations shall be authorized as necessary by CDFW and/or USFWS.

c. To prevent entrapment of wildlife, all excavations (e.g., steep-walled holes or trenches) more than 6 inches deep shall be covered with plywood or similar materials when not in use or contain escape ramps constructed of dirt fill, wooden planks, or another material that wildlife could ascend. The amount of time trenches or other excavations are left open shall be minimized. All excavations more than 6 inches deep shall be inspected daily prior to the start of construction and immediately before being covered or filled. Any wildlife discovered shall be allowed to escape unimpeded before construction activities resume or shall be relocated by an authorized biologist.

d. Dust suppression shall occur during construction activities when necessary to meet air quality standards and protect biological resources.

e. To minimize disturbance, all vehicle traffic shall be restricted to established roads, construction areas, and other designated areas.

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f. Drivers of Project-related vehicles shall observe a 15-mile-per-hour (MPH) speed limit within Project areas during construction. Speed limit signs shall be installed at the Project site entrance during construction.

g. No vehicles or equipment shall be refueled within 100 ft of jurisdictional areas unless a bermed and lined refueling area is constructed. Spill kits shall be maintained on the site in sufficient quantity to accommodate at least three complete vehicle tank failures of 50 gallons each. Any vehicles driven or operated within or adjacent to drainages or wetlands shall be checked and maintained daily to prevent leaks. No vehicles or construction equipment shall be stored overnight within 100 ft of jurisdictional areas unless drip pans or ground covers are used.

h. No concrete washout shall be conducted on the site outside of an appropriate containment system.

i. The use of chemicals, fuels, lubricants, or biocides shall be in compliance with all local, State, and federal regulations. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other State and federal legislation. Also see MM BIO-4C restricting the use of anticoagulant rodenticides.

j. All food-related trash items (e.g., wrappers, cans, bottles, food scraps), small construction debris (e.g., nails, bits of metal and plastic), and other human-generated debris (e.g., cigarette butts)shall be stored in animal-proof containers and/or removed from the site on a weekly basis. No deliberate feeding of wildlife shall be allowed.

Mitigation Measure BIO-7c: Implement biological construction monitoring. Before the start of construction, the Project Proponent shall retain a qualified biological monitor who will be on the site during all tree removal, vegetation clearing, and initial grading activities. If a special-status wildlife species is encountered during monitoring, the following protocol shall be implemented:

a. All work that could result in death, injury, disturbance, or harassment of the individual animal shall immediately cease and the qualified biologist shall be consulted on the appropriate measures to avoid take.

b. If authorized by Project-specific permits, the qualified biologist shall relocate the animal outside the Project impact areas, or the animal shall be allowed to leave unimpeded.

c. Construction shall resume as soon as the animal is out of harm’s way, as directed by the qualified biologist.

Mitigation Measure BIO-7d: Restore temporarily affected habitats to preserve habitat functions and values for wildlife and plant species. Areas where temporary, construction-related impacts have taken place shall be restored under the direction of a qualified restoration ecologist. Methods may include recontouring

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graded areas to blend in with existing natural contours, and covering the areas with salvaged topsoil containing native seedbank from the site. Areas where substantial soil compaction has occurred may be treated with light ripping or other methods to rectify compaction, as recommended by the qualified restoration ecologist. No fertilization of disturbed soils shall be prescribed unless recommended by the qualified restoration ecologist. As appropriate, highly disturbed soils may be amended with certified weed-free mulch.

Mitigation Measure BIO-7e: Prepare a Stormwater Pollution Prevention Plan (SWPPP) and Obtain Coverage Under a National Pollution Discharge Elimination System (NPDES) General Permit. To prevent impacts on the water quality of wetlands and streams, the Project Proponent shall direct the preparation of a SWPPP covering the site preparation, construction, and postconstruction periods. The SWPPP shall incorporate Best Management Practices (BMPs) consistent with the NPDES General Permit for Storm Water Discharges Associated with Construction Activity (CA-S000002), which shall be obtained by the Project Proponent. The SWPPP shall follow the guidelines in Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites (U.S. Environmental Protection Agency 2007), and may include specifications for the following:

• Minimizing disturbed areas • Stockpiling and disposing of demolition debris, concrete, and soil • Protecting existing storm drain inlets • Stabilizing disturbed areas and protecting slopes • Implementing erosion and sediment control measures • Managing construction material storage, waste and litter • Postconstruction stormwater controls

If construction takes place during the rainy season (1 October to 1 May), stormwater BMPs shall be detailed in the SWPPP, and be installed and maintained throughout work during this period. These measures shall include, but not be limited to, installing fiber rolls around stockpiled material (e.g., soil, gravel); silt fence or straw bales at the edge of construction limits where runoff is likely to occur; and jute netting or erosion control fabric on exposed slopes. Temporarily disturbed areas shall be immediately revegetated following construction activities, as described in MM BIO-7d. During Project construction and operation, the Project Proponent shall comply with all applicable water quality standards and prohibitions, including provisions of the State Water Resources Control Board.

Mitigation Measure BIO-7f: Prepare a Hazardous Materials Spill Response Plan. The Project Proponent shall prepare a Hazardous Materials Spill Response Plan that details the protocols to follow in the event that a hazardous material is released into the environment. This plan shall be submitted to the County of Mariposa for review and approval prior to the issuance of any building or grading permit. This plan shall be maintained on the Project site, and all personnel working on the Project site shall be notified of its location.

6.3.2 Criterion B: Adverse Effects on Sensitive Natural Communities

Impact BIO-8: Freshwater Emergent Wetland and Freshwater Forested/Shrub Wetland Tenaya Lodge Explorer Cabins H. T. Harvey & Associates 76 Biotic Report December 2014

Based upon the preliminary assessment of potentially jurisdictional areas on the site, it appears that the Project may cause approximately <0.01 acre of permanent impacts and 0.02 acre temporary impacts on the wet meadow/freshwater emergent wetland in the southeastern corner of the site (Figure 6). The location of one of the planned cabins intersects the boundary of this community. In addition, the placement of the clubhouse and surrounding patios and facilities would permanently affect approximately 0.02 acre and temporarily affect 0.02 acre of freshwater forested/shrub wetland/riparian. Impacts could include permanent loss of wetland and riparian habitat due to the placement of fill to create building pads or roads; construction of buildings, decks, or other facilities; and replacement of native vegetation with landscaped areas. Temporary impacts could occur during grading, staging, or site access, and are anticipated to extend up to 10 feet from the placement of structures (Figure 6). Parts of the wet meadow habitat may be considered to be a freshwater emergent wetland, which is a sensitive natural community. Freshwater forested/shrub wetland is also a sensitive natural community.

Significance: Permanent impacts on freshwater emergent wetland or freshwater forested/shrub wetland would be significant because these are rare communities within the landscape, and they often provide a disproportionately high degree of wildlife functions and values, as well as water quality and ecosystem functions. Many plant and animal species have specialized parts of their life histories that rely on these communities. For example, many special-status bird species are specialized to breed in riparian habitats. As a result of their rarity and value to native plants and animals, wetlands and riparian areas are considered to be sensitive natural communities. These communities are often occupied by special-status plant and animal species, and are considered sensitive by local plans and regulatory agencies. The following measures, in addition to MM BIO-7d (Restore Temporarily Affected Habitats to Preserve Habitat Functions and Values for Wildlife and Plant Species), MM BIO-7e (Prepare a SWPPP and Obtain Coverage Under a NPDES General Permit), and MM BIO-7f (Prepare a Hazardous Materials Spill Response Plan) should be implemented to avoid and minimize impacts to freshwater emergent wetland and freshwater forested/shrub wetland.

Mitigation Measure BIO-8a: Avoid and minimize impacts on wetland and riparian habitats by providing appropriate setbacks and depict setbacks on Project plan sets. A minimum 25-foot setback shall be observed, where feasible, from the outer edge of all wet meadow and forested/shrub wetland/riparian communities, as shown in Figure 6. Setbacks areas to be avoided shall be fenced or flagged before construction occurs in adjacent areas. To facilitate site management and ensure avoidance of these sensitive features, all wetlands, riparian areas and streams and their setback areas shall be clearly delineated on plan sets. No construction- or operation-related vehicular access shall occur through wetlands, riparian areas, or streams. A biological monitor shall be present during the work to ensure the setback areas are avoided. If these areas cannot be avoided, MM BIO-8b shall be implemented.

Mitigation Measure BIO-8b: Provide compensatory mitigation for permanent impacts on wetlands and riparian areas. If impacts on wetlands and/or riparian areas cannot be avoided, areas containing these communities shall be enhanced and preserved to compensate for permanent impacts in a manner that achieves no net loss in acreage or function. These areas shall be managed in perpetuity at a 2:1 mitigation ratio (acres enhanced and preserved: acres permanently affected). Permanent loss includes all areas where permanent fill is placed during the construction of building pads or roads; where buildings or other amenities are constructed

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within the boundaries of these areas; and where native vegetation may be replaced with landscaped areas. Enhancement of the preserved habitat shall be site-specific according to opportunities available at the compensatory mitigation site, and may include native species planting, weed removal, and fencing to exclude recreational use. Preserved wetland and riparian areas providing compensatory mitigation for permanent impacts shall be placed in a conservation easement or similar legal mechanism and managed in perpetuity.

The design, monitoring schedule, and success criteria for all compensatory mitigation the sites shall be described in a Wetland and Riparian Mitigation and Monitoring Plan (WRMMP). The goal of the WRMMP shall be to achieve no net loss in acreage or function of these sensitive natural communities. The WRMMP shall contain a contingency plan for elements that do not meet performance criteria within 3 years for wetlands and 5 years for riparian areas; specific triggers for remediation if performance criteria are not being met; and contingency measures to be implemented to ensure that success criteria are met during the subsequent monitoring period.

6.3.3 Criterion C: Adverse Effects on Federally Protected Wetlands, as Defined by Section 404 of the Clean Water Act

Impact BIO-9: Section 404 Wetlands As described above in Section 6.3.2, Criterion B, the Project may permanently or temporarily affect jurisdictional wetlands and riparian areas. If any impacts will occur within these areas, whether permanent (placement of permanent fill or structures) or temporary (such as site grading that will be allowed to revegetate), the Project Proponent shall be required to apply for a Section 404 Individual Permit from the USACE and a Section 401 Water Quality Certification from the Regional Water Quality Control Board. A Section 1602 Lake or Streambed Alteration Agreement from CDFW is also likely to be required for impacts along Big Rainier Creek.

Significance: Throughout California, the quality and quantity of wetland and riparian communities have dramatically declined because of the construction of dams, dikes, and levees, as well as the use of water diversions, filling of wetlands for development, and overall degradation of water quality owing to runoff from agriculture, urban areas, infrastructure development, and other sources. Wetlands and riparian areas, when adjacent to jurisdictional waterways, are federally protected under Section 404 of the Clean Water Act. Substantial adverse permanent impacts, and temporary impacts lasting more than one rainy season, would be considered significant under CEQA.

Mitigation: Implementation of the general biological mitigation measures (MM BIO-7a through MM BIO- 7f) and the mitigation measures for impacts on sensitive natural communities described under Criterion B (MM BIO-8a and MM BIO-8b) would reduce potential impacts to a less-than-significant level.

6.3.4 Criterion D: Adverse Effects on the Movement of Any Native Resident or Migratory Fish or Wildlife Species or with Established Native or Migratory Wildlife Corridors, or the Use of Native Wildlife Nursery Sites

The Project is not expected to alter the structure of onsite habitats in a manner that would prohibit wildlife movement through the site. The Project has been planned to make use of existing roads, clearings, and

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topography, with limited removal of trees or impacts on sensitive natural communities. Therefore, the natural character of the site is expected to remain following construction, and most native wildlife species are expected to continue to use the site. Species that are particularly sensitive to human disturbance may discontinue certain uses, such as reproduction or foraging, but the area would retain enough of its natural character to be used in movement through the site to adjoining areas of the Sierra National Forest or residential areas in Fish Camp. Also, no native wildlife nursery sites are expected to occur on the site based on the surveys conducted to date.

Significance: There would be no impact on the movement of any native resident or migratory fish or wildlife species, on established native or migratory wildlife corridors, or on the use of native wildlife nursery sites.

Mitigation: No mitigation is required.

6.3.5 Criterion E: Conflict with Any Local Policies or Ordinances Protecting Biological Resources, Such as a Tree Preservation Policy or Ordinance

Impact BIO-10: Rare Plants Protected under the Fish Camp Specific Plan The Fish Camp Specific Plan notes that flaming trumpet, Yosemite woolly sunflower, Madera leptosiphon, and orange lupine are known to occur in the vicinity, and requires that focused surveys be conducted and any populations of rare and endangered plants be protected through project avoidance or easements (County of Mariposa 2009). Focused rare plant surveys have not yet been conducted; therefore, the extent of Project impacts on rare plants is unknown. Suitable habitat is present in impact areas for several CRPR species (Section 4.1).

Significance: If the Project affected populations of special-status plants without sufficient mitigation, this would be a significant impact under CEQA due to conflict with the Fish Camp Specific Plan.

Mitigation: Focused surveys for special-status plant species and avoidance and minimization measures for any such populations are required under MM BIO-1a and MM BIO-1b. These measures, in addition to the general biological mitigation measures (MM BIO-7a through MM BIO-7f), would reduce any potential effects to a less- than-significant level.

Impact BIO-11: Trees Protected under County of Mariposa General Plan In the future, the County of Mariposa plans to regulate impacts on Heritage Trees (County of Mariposa 2014). However, no policies or ordinances are currently in place. Presently in effect, the Mariposa County General Plan Implementation Measure 11-4a(2) states that grading and development plans shall minimize the removal of native trees and groves of trees (County of Mariposa 2006).

Significance: The Project has been designed to minimize the removal of native trees; therefore, it is in compliance with the General Plan. Because there is no Heritage Tree ordinance or policy in place at this time, there would be no conflict.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates 79 Biotic Report December 2014

Mitigation: In the event that Heritage Tree protection is provided in the future, mitigation for impacts on potential heritage California black oaks is described under MM BIO-2a and MM BIO-2b, and would reduce any potential impacts to a less-than significant level.

6.3.6 Criterion F: Conflict with an Adopted Habitat Conservation Plan, Natural Community Conservation Plan, or Other Approved Local, Regional, or State Habitat Conservation Plan

The Project site is not in an area subject to an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or State HCP; therefore, no conflict would occur.

6.4 Cumulative Impacts

Section 15355 of the State CEQA Guidelines defines cumulative impacts as two or more effects, which when considered together, compound or increase other environmental impacts. These can be changes resulting from a single project or several projects, in which the effect on the environment results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Although the impacts from the subject project may be individually minor,when considered with the collective impacts from other projects over a period of time, they may be significant.

The general characteristics of Fish Camp are low density resort/residential development. The Fish Camp Specific Plan area encompasses 280 acres, where all present and future development will occur (County of Mariposa 2009). The area surrounding Fish Camp is the Sierra National Forest, and is undeveloped open space. Fish Camp mainly functions as a recreational stopover to Yosemite National Park, and provides lodging opportunities, vacation rentals, and second homes. Consistent with this type of use is the existing Tenaya Lodge at Yosemite. The Explorer Cabins Project would expand the lodge facility by about 24.23 acres. However, impacts are not expected over the entire site because the vision of the development is to retain the site’s natural character.

There are no other medium or large properties in Fish Camp that could be developed in the future (Wedam pers. comm.). All future development is expected to be similar to the existing residential/vacation home areas, in which the basic structure and function of the forest communities persist. Therefore, the proposed Project, with the incorporation of avoidance, minimization, and mitigation measures, would not have direct biological effects, including the loss of habitat, which are individually limited but cumulatively significant. Operation of the Explorer Cabins project, with the incorporation of the prescribed mitigation measures, is not expected to substantially degrade the quality of the environment, reduce the numbers of rare species, or restrict the range or movement of rare species. The Project has the potential to contribute to cumulatively considerable effects on aquatic systems through increased paved surfaces that can convey runoff water containing hazardous substances. Increased human presence could contribute to cumulatively considerable introductions of nonnative species, or facilitate existing populations of nonnative species, which could adversely affect native species, particularly in aquatic ecosystems.

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Section 7.0 References

7.1 Literature Cited

Arctos. 2014. Collaborative Collection Management Solution. [online]: http://arctos.database.museum/SpecimenSearch.cfm?collection_id=30. Accessed October 2014.

Audubon. 2014. The Online Guide To North American Birds. [online]: http://birds.audubon.org/birdid. Access November 2014.

Baldwin, B. G., D. H. Goldman, D. J. Keil, R. Patterson, T. J. Rosatti, and D. H. Wilken (Editors). 2012. The Jepson Manual: Vascular Plants of California, Second Edition. University of California Press, Berkeley, California.

Barbour, R. W., and W. H. Davis. 1969. Bats of America. Lexington, KY: University of Kentucky Press.

Berkeley Mapper. 2014. Mapping Interface for Collections Databases. Version 2.0. [online]: https://code.google.com/p/berkeleymapper/. Accessed October 2014.

Bradford, D.F. 1989. Allotopic distribution of native frogs and introduced fishes in High Sierra Nevada lakes of California: Implication of the negative effect of fish introductions. Copeia 1989(3):775-778.

Bradford, D.F., F. Tabatabai, and D.M. Graber. 1993. Isolation of remaining populations of the native frog, Rana muscosa, by introduced fishes in Sequoia and Kings Canyon National Parks, California. Conservation Biology 7(4):882-888.

Calflora. 2014. Information on wild California plants for conservation, education and appreciation. [online]: http://www.calflora.org/. Accessed October 2014.

California Fish Website. 2014. Division of Agriculture and Natural Resources, University of California, Davis. [online]: http://calfish.ucdavis.edu/. Accessed October 2014.

CaliforniaHerps.com. 2014. A Guide to Amphibians and Reptiles of California. [online]: http://www.californiaherps.com/index.html. Accessed October 2014.

[CDFG] California Department of Fish and Game. 1994. A Field Guide to Lake and Streambed Alteration Agreements, Sections 1600-1607. Environmental Services Division.

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[CDFG] California Department of Fish and Game. 2009. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities. State of California, California Natural Resources Agency. 24 November.

[CDFW] California Department of Fish and Wildlife. 2014a. California Natural Diversity Database. Rarefind 5. [online]: http://www.dfg.ca.gov/biogeodata/cnddb/mapsanddata.asp. Accessed October 2014.

[CDFW] California Department of Fish and Wildlife. 2014b. California Wildlife Habitat Relationships Life History Accounts and Range Maps. [online]: http://www.dfg.ca.gov/biogeodata/cwhr/cawildlife.aspx. Accessed October 2014.

[CDFW] California Department of Fish and Wildlife. 2014c. Special Animals List. September. California Natural Diversity Database.

[CNPS] California Native Plant Society. 2001. CNPS Botanical Survey Guidelines. Revised 2 June 2001.

[CNPS] California Native Plant Society. 2014. Rare and Endangered Plants Inventory (8th Edition). Sacramento, California. [online]: http://www.rareplants.cnps.org/. Accessed October 2014.

Consortium of California Herbaria. 2014. [online]: http://ucjeps.berkeley.edu/consortium/about.html. Accessed October 2014.

Cornell Lab of Ornithology. 2014a. eBird. [online]: http://ebird.org/content/ebird/. Accessed October 2014.

Cornell Lab of Ornithology. 2014b. All About Birds. [online]: http://www.allaboutbirds.org/guide/search. Accessed. October 2014.

County of Mariposa. 2006. General Plan. Mariposa County Planning Department, Mariposa, California. [online]: http://ca-mariposacounty.civicplus.com/index.aspx?NID=1142. Accessed October 2014.

County of Mariposa. 2009. Fish Camp Town Planning Area Specific Plan. General Plan. Mariposa County Planning Department, Mariposa, California. Originally Adopted 7 June 1983, and Amended 3 February 2009 by Ordinance Number 1050.

County of Mariposa. 2014. Draft County of Mariposa General Plan Implementation Schedule. Attachment 3. [online]: http://ca-mariposacounty.civicplus.com/DocumentCenter/Home/View/5063. Accessed October 2014.

Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. January. Wetlands Research Program Technical Report Y-87-1. Department of the Army, Vicksburg, Mississippi.

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Fellers, G.M. 2005. Rana boylii Baird, 1854(b), Foothill yellow-legged frog. In M. Lannoo (ed.): Amphibian Declines: The Conservation Status of United States Species. University of California Press, Berkeley, California.

Fellers, G.M., D.E. Green and J.E. Longcore. 2001. Oral chytridiomycosis in the mountain yellow-legged frog (Rana muscosa). Copeia 2001:945-953.

Finlay, J. and V.T. Vredenburg, 2007. Introduced trout sever trophic connections between lakes and watersheds: consequences for a declining montane frog. Ecology 88(9):2187-2198.

Google Inc. 2014. Google Earth (Version 7.1.2.2041) [Software]. [online]: www.google.com/earth. Accessed October 2014.

Green, R. K. Purcell, and C. Thompson. 2013. A photographic field guide to fisher rest and den sites in the Sierra National Forest. Kings River Fisher Project. Pacific Southwest Research Station. USDA Forest Service. 22 September.

Haggarty, M. 2006. Habitat differentiation and resource use among different age classes of post metamorphic Rana boylii on Red Bank Creek, Tehama County, California. Master’s Thesis, Humboldt State University, California.

Hermanson, J. W., and T. J. O’Shea. 1983. Antrozous pallidus. The American Society of Mammalogists, Mammalian Species No. 213:1–8.

Holland, D.C. 1991. A synopsis of the ecology and status of the western pond turtle (Clemmys marmorata) in 1991. Prepared for the U.S. Fish and Wildlife Service, National Ecology Research Center, San Simeon Field Station.

[HTH] H. T. Harvey & Associates. 2010. Tenaya Lodge Facilities Upgrade Biotic Report. Prepared for Design, Community & Environment, Berkeley, California. September 2010.

[HTH] H. T. Harvey & Associates. 2013. Delaware North Proposed Development at Fish Camp, California, Preliminary Biological Assessment. Memorandum to Blair, Church & Flynn Consulting Engineers. 26 November 2013.

Jennings, M. R., and M.P. Hayes. 1994. Amphibian and Reptile Species of Special Concern in California. California Department of Fish and Game.

The Jepson Herbarium. 2014. Jepson eFlora. [online]: http://ucjeps.berkeley.edu/IJM.html. Accessed October 2014.

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Knapp, R.A., D.M., and V.T. Vredenburg. 2007. Removal of nonnative fish results in population expansion of a declining amphibian (mountain yellow-legged frog, Rana muscosa). Biological Conservation 135(2007):11- 20.

Kupferberg, S. 1996. [North Coast] Hydrologic and geomorphic factors affecting conservation of a river-breeding frog (Rana boylii). Ecological Applications 6(4):1332-1344.

Kupferberg, S. 1997. Bullfrog (Rana catesbeiana) invasion of a California river: The role of larval competition. Ecology 78(6):1736-1751.

Licht, P., and P. Leitner. 1967. Behavior response to high temperatures in 3 species of California bats. Journal of Mammalogy 48: 52–61.

McGinnis, S.M. 1984. Freshwater Fishes of California. University of California Press, Berkeley, California.

Mitch Waite Group. 2013. iBird Pro Guide to Birds. Version 6.1. Available at: http://ibird.com/app/iphone/ibird-pro-guide-to-birds/.

Moyle, P.B. 1973. Effects of introduced bullfrogs, Rana catesbeiana, on the native frogs of the San Joaquin Valley, California. Copeia 1973(1):18-22.

[NOAA Fisheries] National Oceanic and Atmospheric Administration Fisheries. 2014. Salmon and Steelhead Species Boundaries. Maps and Data, West Coast Region. [online]: http://www.westcoast.fisheries.noaa.gov/maps_data/species_population_boundaries.html. Accessed October 2014.

[NRCS] Natural Resources Conservation Service. 2014. Web Soil Survey. Soil survey area: Sierra National Forest Area Pars of Fresno, California (CA750). Version 8, 30 September 2014. [online]: http://websoilsurvey.nrcs.usda.gov. Accessed October 2014.

Pacific Southwest Research Station. 2014. Foothill Yellow-legged Frog (Rana boylii). [online]: http://www.fs.fed.us/psw/topics/wildlife/herp/rana_boylii/ecology.shtml. Accessed October 2014.

Pierson, E. D., and W. E. Rainey. 1998a. Distribution of the spotted bat, Euderma maculatum, in California. Journal of Mammalogy 79 (4): 1296-1305.

Pierson, E. D., and W. E. Rainey. 1998b. Pallid bat, Antrozous pallidus. In B.C. Bolster (Editor), Terrestrial Mammal Species of Special Concern in California. California Department of Fish and Game, Sacramento, California. Draft Bird and Mammal Conservation Program Report No. 98–14.

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Pierson, E. D., and W. E. Rainey. 1998c. Townsend’s big-eared bat, Corynorhinus townsendii pallescens and C.t. townsendii. Pages 35-42 in B.C. Bolster (Editor), Terrestrial Mammal Species of Special Concern in California. California Department of Fish and Game, Sacramento, California. Draft Bird and Mammal Conservation Program Report No. 98–14.

Pierson, E. D., and W. E. Rainey. 1998d. Western mastiff bat, Eumops perotis. Pages 66-72 in B.C. Bolster (Editor), Terrestrial Mammal Species of Special Concern in California. California Department of Fish and Game, Sacramento, California. Draft Bird and Mammal Conservation Program Report No. 98–14.

Pierson, E. D., and W. E. Rainey. 1998e. Red bat, Lasiurus blossevillii. Pages 47-49 in B.C. Bolster (Editor), Terrestrial Mammal Species of Special Concern in California. California Department of Fish and Game, Sacramento, California. Draft Bird and Mammal Conservation Program Report No. 98–14.

Purcell, K. K., A. K. Mazzoni, S. R. Mori, and B. B. Boroski. 2009. Resting structures and resting habitat of fishers in the southern Sierra Nevada, California. Forest Ecology and Management 258(2009):2696-2706.

Rathbun, G. B., N. Siepel, and D. C. Holland. 1992. Nesting behavior and movements of western pond turtles (Clemmys marmorata). The Southwestern Naturalist 37(3):319-324.

Rathbun, G. B., M. R. Jennings, T. G. Murphey, and N. R. Siepel. 1993. Status and ecology of sensitive aquatic vertebrates in lower San Simeon and Pica Creeks, San Luis Obispo County, California. Unpublished Report, National Ecology Research Center, Piedras Blancas Research Station, San Simeon, California, under Cooperative Agreement (14-16-0009-91-1909).

Sibley, D.A. 2000. The Sibley Guide to Birds. Alfred A. Knopf, New York, New York.

[SNAMP] Sierra Nevada Adaptive Management Project. 2014. Fisher team. [online]: http://snamp.cnr.berkeley.edu/teams/fisher. Accessed 5 November 2014.

Society for the Study of Amphibians and Reptiles. 2014. North American Checklist of Scientific and Common Names. [online]: http://ssarherps.org/publications/north-american-checklist/north-american-checklist- of-scientific-and-common-names/. Accessed October 2014.

Spinks, P.Q., R.C. Thomson, and H. B. Shaffer. 2014. The advantages of going large: genome wide SNPs clarify the complex population history and systematics of the threatened western pond turtle. Molecular Ecology 23(9):2228-2241.

Stebbins, R.C. 2003. A Field Guide to Western Reptiles and Amphibians. Houghton Mifflin Company, Boston, Massachusetts.

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Storer, T.I. 1930. Notes on the range and life-history of the Pacific fresh-water turtle, Clemmys marmorata. University of California Publications in Zoology 35(5):429-441.

Thompson, C., R. Sweitzer, M. Gabriel, K. Purcell, R. Barrett, and R. Poppenga. 2013. Impacts of rodenticide and insecticide toxicants from marijuana cultivation sites on fisher survival rates in the Sierra National Forest, California. Conservation Letters 2013:1-12.

[USACE] U.S. Army Corps of Engineers. 2007. Information Requested for Verification of Corps Jurisdiction. San Francisco District, San Francisco, California. [online]: http://www.spn.usace.army.mil/Portals /68/docs/regulatory/2%20-%20Info%20Req.pdf. Accessed October 2014.

[USACE] U.S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). U.S. Army Engineer Research and Development Center.

[USACE] U.S. Army Corps of Engineers. 2012. Final Map and Drawing Standards for the South Pacific Division Regulatory Program.

[USEPA] U.S. Environmental Protection Agency. 2007. Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites. EPA-833-R-06-004.

[USFWS] U.S. Fish and Wildlife Service. 2008. Birds of Conservation Concern. Division of Migratory Bird Management, Arlington, Virginia.

[USFWS] U.S. Fish and Wildlife Service. 2012. Protocol for Surveying Proposed Management Activities That May Impact Northern Spotted Owls. 9 January.

[USFWS] U.S. Fish and Wildlife Service. 2014a. Trust Resources List. Information, Planning and Conservation System. [online]: http://ecos.fws.gov/ipac/. Accessed October 2014.

[USFWS] U.S. Fish and Wildlife Service. 2014b. Species List Generators. Sacramento Fish and Wildlife Office. [online]: http://www.fws.gov/sacramento/es_species/Lists/es_species_lists-overview.htm. Accessed October 2014.

[USFWS] U.S. Fish and Wildlife Service. 2014c. National Wetlands Inventory. Wetlands Mapper. [online]: http://www.fws.gov/wetlands/Data/Mapper.html. Accessed October and November 2014.

U.S. Forest Service 2006. Northern Goshawk Inventory and Monitoring Technical Guide. United States Department of Agriculture. General Technical Report WO-71.

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University of California Cooperative Extension. 2014. Pacific Fisher Information Repository. [online]: http://ucanr.edu/sites/pacificfisher Accessed October 2014.

Vaughn, T. A. 1959. Functional morphology of three bats: Eumops, Myotis, Macrotus. University of Kansas Publications, Museum of Natural History 12: 1–153.

Vaughn, T. A., and T. J. O’Shea. 1976. Roosting ecology of the pallid bat, Antrozous pallidus. Journal of Mammalogy 57: 19–42.

Vredenburg, V.T., R. Bingham, R. Knapp, J.A.T. Morgan, C. Moritz, and D. Wake. 2007. Concordant molecular and phenotypic data delineate new taxonomy and conservation priorities for the endangered mountain yellow-legged frog. Journal of Zoology 271(2007):361-374.

Vredenburg, V.T., R.A. Knapp, T.S. Tunstall, and C.J. Briggs. 2010. Dynamics of an emerging disease drive large- scale amphibian population extinctions. PNAS 107(21):9689-9694.

Weeden, N.F. 1988. A Sierra Nevada Flora. Wilderness Press, Berkeley, California.

Wheeler, C.A., and H. H. Welsh, Jr. 2008. Mating strategy and breeding patterns of the foothill yellow-legged frog (Rana boylii). Herpetological Conservation and Biology 3(2):128-142.

Williams, D.F. 1986. Mammalian Species of Special Concern in California. Department of Biological Sciences, California State University, Stanislaus, Turlock, California. Prepared for California Department of Fish and Game.

Wilson, D. E., and S. Ruff. 1999. The Smithsonian Book of North American Mammals. Washington DC: Smithsonian Institute Press.

7.2 Personal Communications

Purcell, Kathryn. Research Wildlife Biologist, U.S. Forest Service, Pacific Southwest Research Station. 13 November 2014—Email communication with Doug Drynan of H. T. Harvey & Associates.

Smith, Tessa. Biological Science Technician and field crew supervisor, U.S. Forest Service Sugar Pine Fisher Study. 4 November 2014—Personal communication with Doug Drynan of H. T. Harvey & Associates.

Wedam, Isaac. Blaire, Church & Flynn Consulting Engineers. 7 October 2014—Site visit with Susan V. Christopher of H. T. Harvey & Associates and Brian Fulce of Tenaya Lodge at Yosemite.

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Appendix A. Site Photographs

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates A-1 Biotic Report December 2014

Site Photographs

Photograph 1. Lower montane coniferous forest was the dominant habitat type on the site.

Photograph 2. Alder/white fir/incense cedar riparian complex occurred along the banks of Big Rainer Creek.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates A-2 Biotic Report November 2014

Photograph 3. Willow shrub riparian/wetland habitat occurred in openings in the canopy along Big Rainer Creek.

Photograph 4. Aspen forested wetland occurred in scattered patches within the wet meadow along the southeastern portion of the Project site.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates A-3 Biotic Report November 2014

Photograph 5. Wet meadow habitat occurs in the southern portion of the Project site (foreground), with aspens in the background.

Photograph 6. The freshwater pond is encircled by wet meadow/freshwater emergent wetland.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates A-4 Biotic Report November 2014

Photograph 7. Nonnative American bullfrogs were found in the pond and Big Rainer Creek; these frogs prey on native amphibians and reptiles.

Photograph 8. Nonnative signal crayfish may prey on or compete with native amphibians and reptiles. A dead American bullfrog tadpole is to the left; these were abundant in the pond.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates A-5 Biotic Report November 2014

Photograph 9. Big Rainier Creek borders the site; willow shrub riparian/wetland is in the foreground and alder/white fir/incense cedar riparian complex is in the background.

Photograph 10. Big Rainier Creek has a high canopy cover neighboring the alder/white fir/incense cedar riparian complex.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates A-6 Biotic Report November 2014

Appendix B. Plant Species Observed on the Project Site

PLANTS OBSERVED ON THE TENAYA LODGE EXPLORER CABINS PROJECT SITE

Family Name Scientific Name Common Name

Apiaceae Osmorhiza berteroi Sweetcicely Asteraceae Achillea millefolium Common yarrow Adenocaulon bicolor American trailplant Agoseris retrorsa Spearleaf mountain dandelion Artemisia douglasiana Mugwort Cirsium andersonii Rose thistle Cirsium vulgare Bull thistle Hieracium albiflorum White hawkweed Senecio aronicoides California groundsel Solidago altissima ssp. altissima Late goldenrod Solidago canadensis Canada goldenrod Taraxacum officinale Common dandelion Berberidaceae Berberis aquifolium Mountaingrape Betulaceae Alnus rhombifolia White alder Corylus cornuta Beaked hazelnut Brassicaceae Brassica nigra Black mustard Nasturtium officinale Watercress Caprifoliaceae Sambucus mexicana Blue elderberry Caryophyllaceae Symphoricarpos mollis Creeping snowberry Cupressaceae Calocedrus decurrens Incense cedar Cyperaceae Carex subfusca Brown sedge Carex sp. Sedge Scirpus microcarpus Panicled bulrush Dennstaedtiaceae Pteridium aquilinum var. pubescens Hairy brackenfern Equisetaceae Equisetum arvense Common horsetail rush Equisetum hyemale ssp. affine Common scouring rush Ericaceae Arctostaphylos patula Greenleaf manzanita Rhododendron occidentale Western azalea Fabacaeae Acmispon wrangelianus Chilean trefoil Hosackia crassifolia Broad leaved lotus Lathyrus latifolius Perennial pea Lotus unifoliolatus var. unifoliolatus American bird’s foot trefoil Lupinus columbianus var. columbianus Columbia lupine Lupinus grayi Sierra lupine Lupinus (polyphyllus) Bigleaf lupine Melilotus albus White sweetclover

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates B-2 Biotic Report November 2014

PLANTS OBSERVED ON THE TENAYA LODGE EXPLORER CABINS PROJECT SITE

Family Name Scientific Name Common Name

Trifolium repens White clover Vicia (americana) American vetch Fagaceae Chrysolepis sempervirens Bush chinquapin Quercus kelloggii California black oak Grossulariaceae Ribes nevadense Sierra currant Ribes roezlii Sierra gooseberry Juncaceae Juncus effusus Common rush Juncus bufonius Toad rush Lamiaceae Monardella (breweri ssp. lanceolata) Mustang mint Prunella vulgaris Common selfheal Liliaceae Maianthemum stellatum Starry false lily of the valley Malvaceae Sidalcea reptans Sierra checkerbloom Melanthiaceae Veratrum californicum var. californicum California false hellebore Onagraceae Epilobium ciliatum Fringed willowherb Epilobium glaberrimum ssp. glaberrimum Glaucus willowherb Orchidaceae Goodyera oblongifolia Western rattlesnake plantain Pinaceae Abies concolor White fir Pinus lambertiana Sugar pine Pinus ponderosa Ponderosa pine Plantaginaceae Plantago major Common plantain Poaceae Bromus carinatus California brome Bromus tectorum Cheatgrass Dactylis glomerata Orchard grass Elymus elymoides ssp. elymoides Squirrel tail grass Elymus trachycaulus Slender wheatgrass Phleum pratense Timothy Polypogon monspeliensis Rabbitsfoot grass Poa palustris Fowl blue grass Poa secunda Sandberg bluegrass Polygonaceae Rumex acetosella Common sheep sorrel Ranunculaceae Aquilegia formosa Sitka columbine Thalictrum fendleri Fendler’s meadow rue Rosaceae Chamaebatia foliolosa Bearclover Drymocallis glandulosa Sticky cinquefoil Fragaria virginiana Scarlet strawberry Rosa woodsii Woods’ rose Rubus parviflorus Western thimbleberry Rubiaceae Galium bolanderi Bolander galium Galium triflorum Fragrant bedstraw Salicaceae Populus tremuloides Quaking aspen

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates B-3 Biotic Report November 2014

PLANTS OBSERVED ON THE TENAYA LODGE EXPLORER CABINS PROJECT SITE

Family Name Scientific Name Common Name

Salix lasiandra var. lasiandra Pacific willow Salix sp. Willow Saxifragaceae Boykinia major Stream boykinia Scrophulariaceae Mimulus guttatus Common yellow monkeyflower Verbascum thapsus Common mullein Urticaceae Urtica dioica ssp. holosericea Hoary nettle Viscaceae Phoradendron pauciflorum Bollean mistletoe Woodsiaceae Athyrium filix-femina Common ladyfern Note: Species identifications that were uncertain due to lack of diagnostic features are indicated in parentheses.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates B-4 Biotic Report November 2014

Appendix C. Wildlife Species Observed on the Project Site

WILDLIFE SPECIES OBSERVED ON THE PROJECT SITE

Scientific Name Common Name

Mammals Castor canadensis North American beaver Odocoileus hemionus Mule deer Procyon lotor Raccoon Sciurus griseus Douglas squirrel Tamias amoenus Yellow-pine chipmunk Tamiasciurus douglasii Western gray squirrel Birds Anas platyrhynchos Mallard Ardea herodias Great blue heron Buteo jamaicensis Red-tailed hawk Buteo lineatus Red-shouldered hawk Catharus guttatus Hermit thrush Certhia americana Brown creeper Cinclus mexicanus American dipper Colaptes auratus Northern flicker Columba fasciata Band-tailed pigeon Corvus brachyrhynchos American crow Corvus corax Common raven Cyanocitta stelleri Steller’s jay Dryocopus pileatus Pileated woodpecker Haemorhous purpureus Purple finch Ixoreus naevius Varied thrush Junco hyemalis Dark-eyed junco Megaceryle alcyon Belted kingfisher Melanerpes formicivorus Acorn woodpecker Picoides albolarvatus White-headed woodpecker Picoides villosus Hairy woodpecker Piplio maculatus Spotted towhee Poecile gambeli Mountain chickadee Psaltriparus minimus Bushtit Regulus calendula Ruby-crowned kinglet Regulus satrapa Golden-crowned kinglet Setophaga coronata Yellow-rumped warbler Sialia mexicana Western bluebird Sitta canadensis Red-breasted nuthatch

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates C-2 Biotic Report November 2014

Sitta carolinensis White-breasted nuthatch Troglodytes hiemalis Winter wren Turdus migratorius American robin Vireo huttoni Hutton’s vireo Amphibians Lithobates catesbeianus American bullfrog Fish Ameiurus sp. Bullhead Oncorhynchus sp. Trout Invertebrates Family Corixidae Water boatman Family Gerridae Water strider Family Notonectidae Backswimmer Order Odonata, Suborder Anisoptera Dragonfly Order Odonata, Suborder Zygoptera Damselfly larvae Pacifastacus leniusculus Signal crayfish

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates C-3 Biotic Report November 2014

Appendix D. Amphibian and Reptile Survey Map and Datasheets

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-1 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 7 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: C – Upstream Big Rainier Creek Start Time: 1433 End Time: 1453 Air Temperature: 25.5oC Water Temperature: 13.5oC Wind Speed: 0-2 mph Cloud Cover: 5%

Summary of Amphibian and Reptile Observations:

None

Incidental Wildlife Sightings:

1 adult trout Great blue heron

Field Notes:

Starting at end of driveway and going upstream into panhandle of property, surveying in the stream covering one bank with each pass. Surveyed sunny banks and rocks with binoculars or basking frogs and turtles before approaching. Also searched stream pools, off-channel pools, and shallow edges for tadpoles. Educational children’s group came by with major disturbance on the stream bank. Took break and waited for them to leave, but they did not leave. Stream was getting shaded, so moved to pond.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-2 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 7 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: A – pond Start Time: 1507 End Time: 1555 Air Temperature: 22.0oC Water Temperature: 19.0oC Wind Speed: 0-2 mph Cloud Cover: 5%

Summary of Amphibian and Reptile Observations:

13 dead Lithobates catesbeianus tadpoles, living Lithobates catesbeianus tadpoles without legs (35 – 80 mm total length [TL]) very abundant, 4 adult Lithobates catesbeianus (alive), and 6 unidentified ranids jumped in.

Incidental Wildlife Sightings:

2 crayfish ~200 mm TL with sky blue on claws and at joints. Probably signal crayfish, Pacifastacus leniusculus Mosquitofish very abundant. No dead fish seen. Great blue heron

Field Notes:

Surveyed with binoculars around perimeter for basking frogs and turtles before approaching. None seen. Encircled the pond walking in the water where it wasn’t too mucky, and through sedge clumps on the edge when necessary. Pond has a sandy bottom with a layer of silt. It is surrounded by dense sedge. There were some shallow tunnels into the bank where the sedge clumps were higher on shore, and these appeared to be resting spots for Lithobates catesbeianus. Submergent pond weed reaches the surface over about ½ of the pond. The edges are gradually sloping with little reduction in water level due to drought. Water was slightly turbid. Topo map shows a connection between pond and stream on the north side, but the channel is actually next to the rock outcropping on the east-northeast corner of the pond and is for overflow. An earthen dam impounds water that seeps from a gradually sloping wetland from the south. The dam separates the pond from Big Rainier Creek. The pond likely has filled in a great deal with sediment over the years, as the bottom appears to be of consistent elevation all the way across. Dead tadpoles were confirmed to be Lithobates catesbeianus. None of the unidentified frogs jumping in “eeped”.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-3 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 8 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: B – Downstream Big Rainier Creek Start Time: 1143 End Time: 1326 Air Temperature: 26.0oC Water Temperature: 11.0oC Wind Speed: 0 – 5 mph Cloud Cover: 5%

Summary of Amphibian and Reptile Observations:

1 metamorph Lithobates catesbeianus caught, 40 mm snout-urostyle length (SUL)

Incidental Wildlife Sightings:

Steller’s jay, American dipper, belted kingfisher likely heard Pieces of 2 dead crayfish – blue and red 1 small fish darted; 2 small fish seen in a pool that probably were trout; 1 medium-sized fish that was very dark and was under a rock in the edge of a riffle, probably was not a trout and may have been riffle sculpin.

Field Notes:

Timed surveys to be during warmest part of day and when the sun was highest to have the most sun in the stream channel for basking herps and visibility into the water. Surveyed potential basking sites with binoculars prior to approaching. Surveyed in stream covering one bank during each pass and training Lexi (dog) to parallel me on the shore to flush frogs in from dense vegetation. Reached turnaround point north of the pond and adjacent to Hwy. 41 and old wood building at 1238, then surveyed the opposite bank on the way back.

Stream alternates between riffles, runs and pools (to 0.55 m deep). Substrate is mainly cobble and rock, with boulders and low shores of cobble or sand. Most of the bank on one side of the creek (alternating sides) is undercut with complex tunnels, alcoves, clumps of vegetation, and exposed roots. A moderate amount of large woody debris is in the channel. Pools were clear enough to see to bottom. Rocks were covered with brownish slime and were very slippery. Some patches of bright green algae. Some off- channel pools and side channels. Bank is very complex with clumps of wetland grasses, horsetail, mint, fireweed, monkeyflower (red and orange), and ferns. Most of canopy over the stream is alder, with some incense cedar. Canopy cover was very high over most of the stream. Shrubby willows were near pond. Current is moderately slow.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-4 Biotic Report December 2014

On the way back, Lexi flushed a Lithobates catesbeianus metamorph from the bank, in an area not too far upstream from the pond. I caught it and identified it based on: tympanum, no dorsolateral fold, distinct black dots, slimy skin without granular, darkly mottled throat and legs. Photographed and measured.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-5 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 8 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: C – Upstream Big Rainier Creek Start Time: 1409 End Time: 1422 Air Temperature: 24.5oC Water Temperature: 13.0oC Wind Speed: 5 – 10 mph Cloud Cover: 10%

Summary of Amphibian and Reptile Observations:

None

Incidental Wildlife Sightings:

1 crayfish claw, small and red

Field Notes:

Surveyed as described above to property boundary and back. This short section has more open canopy, and edges have watercress and green algae. Banks have shrubby willows, and alder. Surrounding area is disturbed.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-6 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 8 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: A - pond Start Time: 1453 End Time: 1525 Air Temperature: 21.0oC Water Temperature: 20.0oC Wind Speed: 0 – 5 mph Cloud Cover: 0

Summary of Amphibian and Reptile Observations:

19 dead Lithobates catesbeianus tadpoles, abundant live Lithobates catesbeianus tadpoles, 2 adult Lithobates catesbeianus. Some of the dead tadpoles may also have been counted yesterday. 4 unidentified ranids jumped in (3 were >100 mm SUL and 1 was < 40 mm SUL)

Incidental Wildlife Sightings:

3 dead catfish seen along edge, plus 2 more in middle that were seen yesterday but I didn’t know what they were. Likely brown bullhead; ~ 100 mm TL. 3 large crayfish (2 are probably the same individuals seen yesterday since they appeared to be defending the same territories)

Field Notes:

Surveyed almost the entire pond from the inside using waders. May have seen relatively more dead tadpoles and fewer frogs jumping in due to being in the water almost the whole time. Did not use dog to scare frogs in from the shore.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-7 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 9 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: B – Downstream Big Rainier Creek Start Time: 1118 End Time: 1249 Air Temperature: 23.0oC Water Temperature: 10.0oC Wind Speed: <2 mph Cloud Cover: 0

Summary of Amphibian and Reptile Observations:

1 dead Lithobates catesbeianus 50 mm SUL adjacent to pond with head injury

Incidental Wildlife Sightings:

Dead rainbow trout 110 mm TL American dipper (in same pool seen previously), yellow-rumped warblers, white-headed woodpecker (male) 2 goby-like fish that stay near the bottom of slow-moving pool, light and dark bars across the back, long and thin, with eyes high and terminal mouth. Looked like bigscale logperch

Field Notes:

Conducted survey as described above, but no dog. Reach turnaround spot north of pond at 1207.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-8 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 9 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: C – Upstream Big Rainier Creek Start Time: 1331 End Time: 1345 Air Temperature: 24.0oC Water Temperature: 12.0oC Wind Speed: 5 -10 mph Cloud Cover: 0

Summary of Amphibian and Reptile Observations:

None

Incidental Wildlife Sightings:

1 small fish seen, probably trout

Field Notes:

Survey methods as previously described, with dog.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-9 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 9 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: A - Pond Start Time: 1400 End Time: 1450 Air Temperature: 17.0oC Water Temperature: 20.0oC Wind Speed: 2 – 5 mph Cloud Cover: 0

Summary of Amphibian and Reptile Observations:

18 dead Lithobates catesbeianus tadpoles seen – some of these were seen on previous days and are more decomposed and some are new Living Lithobates catesbeianus tadpoles were very abundant and looked closely to make sure there were no other species mixed in 5 adult Lithobates catesbeianus seen, and 1 photographed 2 frogs jumped in unidentified and one was small (30-40 mm SUL)

Incidental Wildlife Sightings:

6 dead catfish seen (probably brown bullhead) – some were the same individuals seen previously 1 crayfish seen – same one seen previously Some fish in the pond seem to be larger than mosquitofish and were schooling – possibly fathead minnows

Field Notes The pond is clear enough to see to the bottom far out from shore, and it is 2.5 – 3 feet deep way out from shore. There were very high temperatures here a week or so ago, which is likely related to the number of dead tadpoles and fish seen. Backswimmers were seen in clusters, and small water striders seen around edge. A few dragonflies were emerging.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-10 Biotic Report December 2014

AMPHIBIAN AND REPTILE SURVEY DATASHEET

Date: 10 October 2014 Surveyor(s): Susan Christopher Site Name: Tenaya Lodge Proposed County: Mariposa Explorer Cabins City: Fish Camp Area Surveyed: B – Downstream Big Rainier Creek Start Time: 1125 End Time: 1248 Air Temperature: 23.0oC Water Temperature: 9.5oC Wind Speed: 0-2 mph Cloud Cover: 0

Summary of Amphibian and Reptile Observations:

1 dead Lithobates catesbeianus juvenile that was also seen yesterday

Incidental Wildlife Sightings:

Dead crayfish Acorn woodpecker, varied thrush (female)

Field Notes:

Water striders very common, few backswimmers seen, damselfly larvae seen in algae patch, no caddisflies or beetles seen. More leaves are falling in the water than when I started surveys.

Tenaya Lodge Explorer Cabins H. T. Harvey & Associates D-11 Biotic Report December 2014

A – Pond B – Downstream Big Rainier Creek C – Upstream Big Rainier Creek (panhandle)