Biological Technical Report for the Nob Hill Pipeline Improvements Project

Prepared for Prepared by

San Diego County Water Authority RECON Environmental, Inc. 4677 Overland Avenue 1927 Fifth Avenue San Diego, CA 92123 San Diego, CA 92101-2358 Contact: Mark Tegio P 619.308.9333 F 619.308.9334 RECON Number 6830 February 12, 2014; Revised June 2014

Brian Parker, Biologist

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Biological Technical Report for the Nob Hill Pipeline Improvements Project

TABLE OF CONTENTS Glossary of Terms and Acronyms iii Executive Summary 1 1.0 Introduction 5 2.0 Project Location, Description, and Environmental Setting 5 2.1 Project Location 5 2.2 Project Description 5 2.3 Environmental Setting 12 3.0 Methods 13 3.1 General Biological Survey 14 3.2 Jurisdictional Wetlands and Waters Delineation 15 4.0 Existing Conditions 16 4.1 Physical Setting 16 4.2 Vegetation Communities/Land Cover Types 17 4.3 Plant Species Observed Within the Study Area 24 4.4 Wildlife Observed Within the Study Area 24 4.5 Jurisdictional Wetlands and Waters 24 4.6 Habitat Linkages and Wildlife Corridors 28 5.0 Regional and Regulatory Context 28 5.1 Federal Endangered Species Act 29 5.2 Migratory Bird Treaty Act 29 5.3 California Endangered Species Act 29 5.4 California Fish and Game Code 29 5.5 Water Authority NCCP/HCP 30 5.6 City of San Diego Multiple Species Conservation Program 32 6.0 Sensitive Resources 32 6.1 Sensitive Vegetation Communities/Land Cover Types 33 6.2 Sensitive Plant Species 33 6.3 Sensitive Wildlife Species 35 7.0 Project Impacts 37 7.1 Direct Impacts 37 7.2 Indirect Impacts 49 8.0 Mitigation Measures 55 8.1 Vegetation Communities 55 8.2 Sensitive Species 57

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TABLE OF CONTENTS (cont.)

9.0 Conformance with NCCP/HCP 57 10.0 References Cited 60

FIGURES 1: Regional Location 6 2: Project Location on USGS Map 7 3: Project Boundary 8 4 Existing Biological Resources 19 5: Jurisdictional Wetlands and Waters 25 6a: Alternative 1, Tunneling - Impacts to Biological Resources 39 6b: Alternative 1, Tunneling - Impacts to Biological Resources 41 7: Project Footprint in Relation to Jurisdictional Wetland and Waters 51

TABLES 1: Survey Information 14 2: Vegetation Communities/Land Cover Types within the Study Area 17 3: Existing Jurisdictional Wetlands and Waters within the Study Area 27 4: Impacts to Vegetation Communities/Land Cover Types: Alternative 1 – Tunneling 38 5: Overall Project Impacts to Vegetation Communities/Land Cover Types: Alternative 1 – Tunneling 43 6: Impacts to Vegetation Communities/Land Cover Types: Alternative 2 – Open Trench 43 7: Overall Project Impacts to Vegetation Communities/Land Cover Types: Alternative 2 – Open Trench 44 8: Impacts to Coastal California Gnatcatcher Occupied Habitat: Alternative 1 – Tunneling 47 9: Impacts to Coastal California Gnatcatcher Occupied Habitat: Alternative 1 – Open Trench 48 10: Mitigation for Impacts to Sensitive Vegetation Communities: Alternative 1 – Tunneling and Access Road 56 11: Mitigation for Impacts to Vegetation Communities: Alternative 2 – Open Trench and Access Road 56

ATTACHMENTS 1: Plant Species Observed Within the Nob Hill Pipeline Improvements Project Study Area 2: Wildlife Species Observed/Detected Within the Nob Hill Pipeline Improvements Project Study Area 3: Sensitive Plant Species Observed or with Potential to Occur within the Nob Hill Pipeline Improvements Project Study Area 4: Sensitive Wildlife Species Observed or with Potential to Occur within the Nob Hill Pipeline Improvements Project Study Area 5: NCCP/HCP Standard Minimization Measures for Construction Activities

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Glossary of Terms and Acronyms

BMP Best Management Practice BSRA Biologically Significant Resource Area CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CFR Code of Federal Regulations City City of San Diego CNDDB California Natural Diversity Data Base CNPS California Native Plant Society CRPR California Rare Plant Rank CWA Clean Water Act ESA Endangered Species Act HMA Habitat Management Area MBTA Migratory Bird Treaty Act MCAS Marine Corps Air Station MHPA Multi-Habitat Planning Area MSCP Multiple Species Conservation Program MSL Mean Sea Level NCCP/HCP Natural Community Conservation Plan/Habitat Conservation Plan NPDES National Pollutant Discharge Elimination System O&M Operations and Maintenance PIZ Probable Impact Zone PSF Pre-activity Survey Form ROW Right-of-Way RWQCB Regional Water Quality Control Board SWRCB State Water Resources Control Board USDA U.S. Department of Agriculture USACE U.S. Army Corps of Engineers USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey Water Authority San Diego County Water Authority

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Executive Summary

The San Diego County Water Authority’s (Water Authority’s) proposed Nob Hill Pipeline Improvements Project (project) would replace and realign approximately 800 feet of the Second Aqueduct Pipelines 3 and 4, and develop an access road for construction and maintenance. This report assesses three project components: pipeline improvements, access road, and staging area. Two pipeline improvement alternatives are being considered: Tunneling (Alternative 1) and Open Trench (Alternative 2). Construction staging would likely occur off-site on a previously graded pad south of Scripps Lake Drive. Additionally, the Water Authority would construct a permanent paved access road that would extend from Scripps Lake Drive to a private road in the Scripps Nob Hill community.

The proposed project is located in the community of Scripps Ranch, in the northeast portion of the City of San Diego (City), California. The project site is primarily within the Water Authority right-of-way (ROW) but includes portions outside the ROW, for which temporary easements from the City would be acquired. This report describes the existing biological resources in accordance with the requirements of the Water Authority Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP; Water Authority 2010), discusses project impacts to biological resources, and provides corresponding mitigation recommendations for the project.

The biological study area for this project includes an approximately 200-foot buffer around the proposed project alignment, which encompasses the two alternatives, access road, and staging area. Biological studies conducted for this project include a general biological survey, including vegetation mapping and plant and wildlife inventories and a delineation of jurisdictional wetlands and waters.

Eleven vegetation communities and land cover types occur within the study area: southern willow scrub, freshwater marsh, open freshwater, Diegan coastal sage scrub (including disturbed), coastal sage-chaparral scrub, revegetated habitat, southern mixed chaparral (granitic, including disturbed), eucalyptus/non-native vegetation, disturbed habitat, ornamental vegetation, and urban/developed land. Seven of these are considered sensitive vegetation communities by the Water Authority (Water Authority 2010): freshwater marsh, southern willow scrub, open freshwater, Diegan coastal sage scrub (including disturbed), coastal sage-chaparral scrub, southern mixed chaparral (including disturbed), and revegetated habitat. Revegetated habitat represents areas that were impacted by the Water Authority’s Pipeline 3 and 4 Relining Project and are in the process of being restored. As such, any impacts to these areas will require mitigation. The majority of the revegetated habitat supported Diegan coastal sage scrub prior to that project, while the remainder, which is not impacted by this project, primarily supported chaparral.

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The study area supports wetlands and/or waters jurisdictional to the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB). The project has been designed so these jurisdictional wetlands and waters lie outside the project footprint and would not be impacted.

Three sensitive plant species occur, or have moderate to high potential to occur, within the study area: ashy spike-moss (Selaginella cinerascens), San Diego County viguiera (Bahiopsis laciniata), and western dichondra (Dichondra occidentalis). None of these species is federally or state listed, and none is considered a covered species per the NCCP/HCP. Ashy spike-moss is identified by the California Native Plant Society (CNPS) as a California Rare Plant Rank (CRPR) 4.1 species, and San Diego County viguiera and western dichondra are identified as CRPR 4.2 species.

Three sensitive animal species occur or have moderate to high potential to occur in the study area: Belding’s orange-throated whiptail (Aspidoscelis hyperythra beldingi), coastal California gnatcatcher (Polioptila californica californica), and Southern California rufous- crowned sparrow (Aimophila ruficeps canescens). Belding’s orange throated whiptail is not federally listed but is a CDFW species of special concern. The coastal California gnatcatcher is federally listed as threatened and is a CDFW species of special concern. The southern California rufous-crowned sparrow is not federal or state listed. All three are covered species under the NCCP/HCP.

The project site is not a part of any regional habitat linkage or wildlife corridor. However, it does function as a constrained local corridor, as it provides “stepping-stone” connectivity between Los Peñasquitos Canyon and Marine Corps Air Station (MCAS) Miramar.

Tunneling (Alternative 1), in combination with the access road, would result in temporary and permanent impacts to 5.24 acres of sensitive vegetation communities. Open Trench (Alternative 2), in combination with the access road, would result in temporary and permanent impacts to 4.82 acres of sensitive vegetation communities. These impacts would be significant; therefore, mitigation would be required. In accordance with Water Authority procedure and the NCCP/HCP, mitigation shall be accomplished through a combination of on-site habitat restoration and off-site mitigation credits at a Water Authority Habitat Management Area (HMA) or approved conservation/mitigation bank.

The total required mitigation for Tunneling (Alternative 1) includes on-site restoration of 3.35 acres and off-site mitigation of 4.59 acres. The total required mitigation for Open Trench (Alternative 2) includes on-site restoration of 2.93 acres and off-site mitigation of 4.25 acres.

Impacts to sensitive plant species (ashy spike-moss, San Diego County viguiera, and western dichondra) would not be considered significant, as the impact would not

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jeopardize the sustainability of these species’ populations within the NCCP/HCP Plan area or the region as a whole. Impacts to Belding’s orange-throated whiptail would be minimized by implementation of species-specific measures as identified in Appendix B of the NCCP/HCP. Direct impacts to sensitive wildlife species would be offset with the proposed habitat-based mitigation for impacts to Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, and southern mixed chaparral. The following measures will avoid direct and indirect impacts to potentially nesting sensitive avian species.

Coastal California gnatcatcher – If construction must commence during the breeding season (defined as February 15 to August 15 in the NCCP/HCP), a pre- construction nest survey would be conducted. If nests are not detected, no additional measures would be required. If nests are present, an appropriate construction limit set back of a minimum of 100 feet would be required until the young are completely independent of the nest. A greater setback (up to 300 feet) may be required, as determined by the Environmental Surveyor, based on site conditions, phase of the nesting cycle, and other biological conditions.

Southern California rufous-crowned sparrow – If construction commences during the breeding season (February 15 to August 15), a nest survey would be conducted within 300 feet of all proposed activities. No construction would be allowed within 100 feet of any identified nest until young have fledged. A greater setback (up to 300 feet) may be required, as determined by the Environmental Surveyor, based on site conditions, phase of the nesting cycle, and other biological conditions.

Raptors and Migratory Birds – If construction would occur during the raptor breeding season (January 15 to July 31), a pre-construction survey would be conducted for active raptor nests within 300 feet of the development area. If active raptor nests are detected mitigation would be proposed (i.e., appropriate buffers, monitoring schedules, etc.).

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1.0 Introduction

The purpose of this report is to document existing biological resources and jurisdictional wetlands and waters within the proposed Nob Hill Pipeline Improvements Project (project) study area, identify impacts, and describe required mitigation. It has been prepared to provide the San Diego County Water Authority (Water Authority) with sufficient biological data and background information to assess the effects of the proposed project on biological resources and jurisdictional wetlands and waters pursuant to the California Environmental Quality Act (CEQA), the Water Authority’s Subregional Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP; Water Authority 2010), and applicable state and federal regulations. 2.0 Project Location, Description, and Environmental Setting 2.1 Project Location

The proposed project is located in the community of Scripps Ranch, in the northeast portion of the City of San Diego (City), California (Figure 1). It lies within the central portion of Section 32, Township 14 South, Range 2 West of the U.S. Geographical Survey 7.5-minute topographic map Poway quadrangle (Figure 2). It is located west of Miramar Reservoir, primarily within the Water Authority right-of-way (ROW), but a portion is located outside the ROW. Scripps Lake Drive borders the study area in the south and Scripps Ranch Boulevard in the north (Figure 3). The northern portion of the study area is bounded to the east and west by the Miro/Ravel and Scripps Nob Hill residential developments, respectively. The southern portion of the study area is bounded to the west and south by light industrial developments and to the east by Miramar Reservoir. 2.2 Project Description

The project consists of the replacement and realignment of approximately 800 feet of the Water Authority’s Second Aqueduct Pipelines 3 and 4, and the construction of a permanent access road. The permanent access road, which would also be used for construction access, would be located west of the Miramar Reservoir dam, primarily within the Water Authority ROW, although a small area of grading would be required outside the ROW.

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Biological Technical Report for the Nob Hill Pipeline Improvements Project

The following provides a brief summary of each component of the project. 2.2.1 Pipeline Improvements

Adjacent segments of Pipelines 3 and 4 would be replaced with a single 96-inch interior diameter pipeline at a lower elevation. Two construction methods are being considered for this project, and potential impacts for both are considered in this report. The two construction methods are Tunneling (referred to in this report as Alternative 1) and Open Trench (Alternative 2). Following installation of the new pipeline segment, the work area would be recontoured to the previously existing grade. All such areas that currently support native habitats would be revegetated with a native seed mix. While the two construction methods would require approximately the same amount of time to construct and would have the same end result, the amount of ground disturbance, and quantity of excavated materials would differ. For purposes of this analysis, a conservative approach has been employed that includes all grading and work areas within the alignment of the proposed construction activities. This footprint spans the width of the Water Authority ROW. Detailed descriptions are provided for further understanding of both project alternatives.

2.2.1.1 Alternative 1: Tunneling

Alternative 1 involves the installation of a replacement pipe in a tunnel beneath existing Pipeline 3 and abandonment in-place of the existing Pipeline 4 segment. The only grading would occur at the north and south ends of the segment to be replaced, where portals would be excavated to access the tunneling location. Pipelines 3 and 4 would be connected to the new lower segment using “Y” structures at both the north and south ends of the new pipe. Pipeline 4 would be shut down, capped, and abandoned. Duration of construction for this option is estimated at 18 months. Alternative 1 would occur primarily within the Water Authority ROW; however, given the location of the existing pipelines relative to the ROW boundary, it would be necessary to grade a small area outside the ROW under this alternative.

Controlled blasting would be necessary along the length of the tunnel due to existing geologic formations within the study area.

2.2.1.2 Alternative 2: Open Trench

Alternative 2 would involve removal of the Pipeline 4 segment and the installation of a new 96-inch diameter replacement pipeline placed in a deeper and wider trench along the same alignment. Excavation of the trench would be required along the entire length of the replacement pipeline. The replacement pipeline would be connected to existing Pipelines 3 and 4 to the north and south of the study area with a “Y” structure. An aqueduct shutdown would be required at the start of construction to isolate Pipeline 4 and transfer flow to Pipeline 3.

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Once the new (lowered) segment is connected, water flow would be diverted to the new 96-inch pipeline segment at the north end and the water flow restored to the existing Pipelines 3 and 4 at the south end. The unused portion of Pipeline 3 would be removed or abandoned in-place. Duration of construction for this option is estimated at 18 months. Alternative 2 would occur entirely inside the Water Authority ROW.

Controlled blasting would be necessary along the entire trench due to existing geologic formations within the study area. 2.2.2 Access Road

Primary construction access would be from Scripps Lake Drive. A new driveway and access road would be graded along the Water Authority Aqueduct ROW to provide construction access from Scripps Lake Drive, east of the City of San Diego Scripps Ranch Pump Station, to the Scripps Nob Hill Homeowners Association private road. The access road would be paved and gated to limit vehicular access to Water Authority personnel and contractors for purposes of operation and maintenance.

The access road would comply with California’s General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (General Permit) Order No. 2009-0009-DWQ as amended by Order No. 2010-0014-DWQ (National Pollutant Discharge Elimination System [NPDES] No. CAS000002) issued by the State Water Resources Control Board. The design would also follow the California Stormwater Quality Association Stormwater Best Management Practice Handbook Portal: Construction (CASQA 2010, as referenced in Water Authority 2010). 2.2.3 Construction Staging

Construction staging for this project would occur on a previously graded parcel (Assessor’s Parcel Number 319-170-31) planted with eucalyptus trees (Eucalyptus spp.) located southeast of the intersection of Scripps Ranch Boulevard and Scripps Lake Drive (see Figure 3). The temporary construction office, off-site equipment staging, and storage would take place on this site. Both the tunneling and open trench construction methods would result in the excavation of materials, and any necessary materials processing (i.e., for backfilling) would occur within the staging site. 2.3 Environmental Setting

The 65.10-acre study area comprises the proposed project footprints plus a buffer area of approximately 200 feet. The study area occurs within a mix of developed areas, landscaped areas, previously disturbed natural habitats, and intact natural habitats west of Miramar Reservoir (see Figure 3). The northern portion of the study area is bounded to the east and west by residential development. The southern portion of the study area is bounded to the west and south by light industrial developments and to the east by

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Miramar Reservoir. The off-site staging area is located within a previously graded pad planted with a number of large non-native Eucalyptus trees.

As previously mentioned, the proposed project is situated in the City of San Diego, primarily within the Water Authority ROW. The Water Authority NCCP/HCP has identified high-value habitat areas that support rare vegetation types and species, have high species diversity, are part of core habitat areas, or function as key linkages or corridors for species. These high-value habitat areas are identified in the NCCP/HCP as the Biologically Significant Resource Area (BSRA). The Water Authority ROW is excluded from the BSRA because this area has been, and will continue to be, impacted by Water Authority operations and maintenance activities.

In the project vicinity, the BSRA includes Miramar Reservoir as well as the habitat to the north and west of the dam, although most of the manufactured western slope of the dam is excluded. Because the Water Authority ROW is excluded from the BSRA, the proposed access road occurs outside the BSRA. The pipeline improvement area in the northern portion of the project and the off-site staging area are also outside the BSRA. 3.0 Methods

The study area for the biological surveys includes an approximately 200-foot buffer around the proposed project alignment, which encompasses the two alternatives, access route, and staging area. The entire study area lies within the Water Authority’s Probable Impact Zone (PIZ) identified in the NCCP/HCP, which extends 1,000 feet on each side of Water Authority’s ROW and facilities (Water Authority 2010).

Biological studies conducted for this project include a general biological survey, with vegetation mapping and plant and wildlife inventories, and a delineation of jurisdictional wetlands and waters. Protocol surveys for the coastal California gnatcatcher (Polioptila californica californica) were not conducted, because this species is known to occur and was detected in the study area during the general survey. As the site lies outside the U.S. Fish and Wildlife Service (USFWS) required survey area for the Quino checkerspot butterfly (Euphydryas editha quino; USFWS 2005), protocol surveys for this species were not conducted.

In addition to performing biological surveys, RECON conducted a search of the California Natural Diversity Database (CNDDB; State of California 2013a) and the California Native Plant Society (CNPS) online inventory of rare and endangered plants (CNPS 2013a) for information on sensitive species reported from the study area.

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3.1 General Biological Survey

RECON biologists Brian Parker and JR Sundberg conducted a general biological survey of the study area on January 23, 2013 (Table 1). Vegetation communities within the study area were mapped on a 1 inch equals 100 feet scale aerial photograph of the study area. Vegetation communities and land cover type classifications follow the standards established in the NCCP/HCP (Water Authority 2010).

TABLE 1 SURVEY INFORMATION

Date Personnel Survey Type Conditions* General biological survey Temperature 63° F Brian Parker, 01/23/13 (vegetation mapping, plant and 0 percent cloud cover JR Sundberg wildlife survey) Wind 2-4 mph

JR Sundberg, Jurisdictional wetlands and 03/07/13 Not recorded Michael Nieto waters delineation Temperature 64° F 11/28/13 Brian Parker Update vegetation mapping 0 percent cloud cover Wind 4-5 mph *°F = degrees Fahrenheit; mph = miles per hour.

All plant species observed within the study area were recorded. Samples of any plants that could not be identified in the field were collected and identified in the lab using taxonomic keys. The general biological survey was conducted in winter, during the rainy season, and near the beginning of the primary vegetation growth period. As a result, perennials and most annual plants would have been present; however, some annuals may not have been visible or identifiable at the time of the survey. Plant nomenclature follows Hickman (1993), as updated by the Jepson Online Interchange (Jepson Flora Project 2012). Ornamental plant nomenclature follows Brenzel (2001).

Wildlife species were identified by direct visual observation or from calls, scat, nests, or other sign. Bird identification was aided by the use of binoculars. The wildlife survey was limited by seasonal and temporal factors. For example, as the survey was performed during winter, migratory bird or seasonally active butterfly species that are primarily present during the spring or summer may not have been detected. The survey was performed during the day; therefore, nocturnal animals were identified by sign that was apparent at the time of the survey. Animal nomenclature follows the American Ornithologists’ Union Checklist (1998) and Unitt (2004) for birds; Baker et al. (2003) and Hall (1981) for mammals; Crother (2008) for amphibians and reptiles; and Milne and Milne (1980), Mattoni (1990), and Opler and Wright (1999) for butterflies.

A subsequent site visit and survey of the single patch of southern willow scrub was conducted on November 28, 2013 using GPS to refine the location of this isolated occurrence, to avoid this isolated patch.

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3.2 Jurisdictional Wetlands and Waters Delineation

A delineation of jurisdictional wetlands and waters, following the guidelines set forth by U.S. Army Corps of Engineers (USACE; 1987, 2008), was performed by RECON biologists Michael Nieto and JR Sundberg on March 7, 2013 (see Table 1). The jurisdictional wetlands and waters delineation was conducted at all areas that have potential to be affected or influenced by project activities, particularly areas in close proximity to the Water Authority ROW, so the portion of the study area that includes Miramar Reservoir was not delineated.

Prior to conducting fieldwork, RECON biologists reviewed aerial photographs and U.S. Geological Survey (USGS) topographic maps of the site to identify likely jurisdictional wetlands and waters. Once on-site, the potential jurisdictional wetlands and waters were surveyed to determine the presence of any wetlands or waters under the jurisdiction of the USACE, California Department of Fish and Wildlife (CDFW), and/or Regional Water Quality Control Board (RWQCB). Jurisdictional features were recorded using a sub- meter accuracy Trimble GeoXH global positioning system unit. 3.2.1 USACE Jurisdiction (Waters of the U.S.)

USACE regulates federal wetlands and waters through the authority of Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. In accordance with Section 404 of the CWA, USACE regulates the discharge of dredged and/or fill material into waters of the United States. The term “waters of the United States” is defined as [33 Code of Federal Regulations (CFR) Part 328.3(a)]:

• All waters currently used, or used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide;

• All interstate waters including interstate wetlands;

• All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect foreign commerce including any such waters: (1) which could be used by interstate or foreign travelers for recreational or other purposes; or (2) from which fish or shell fish are or could be taken and sold in interstate or foreign commerce; or (3) which are used or could be used for industries in interstate commerce;

• All other impoundments of waters otherwise defined as waters of the U.S. under the definition;

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• Tributaries of waters identified above;

• The territorial seas; and

• Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in the paragraphs above. Adjacent wetlands are defined as:

wetlands that are bordering, contiguous, or neighboring. Wetlands separated from other waters of the United States by man-made dikes or barriers, natural river berms, beach dunes, and the like are ”adjacent wetlands” [40 CFR Part 230.3 (b)].

The limits of USACE regulation over tidal waters of the U.S. extend to the high tide line. The high tide line is the intersection of the land with the water’s surface at the maximum height reached by a rising tide, not including storm surges which exceed the normal or predicted reach of the tide (Wetland Training Institute 2001). 3.2.2 CDFW Jurisdiction (Waters of the State)

Under sections 1600–1607 of the California Fish and Game Code (Streambed Alteration), CDFW regulates activities that would divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake that supports fish or wildlife. CDFW takes jurisdiction to the bank of the stream or lake if unvegetated, or to the limits of adjacent riparian vegetation associated with watercourses if vegetated. Jurisdictional streams and lakes are delineated by the outer edge of riparian vegetation or at the top of the bank of streams or lakes, whichever is wider. 3.2.3 RWQCB Jurisdiction

The RWQCB has jurisdiction over all waters of the U.S and waters of the state as defined by both the CWA and the California Porter-Cologne Water Quality Control Act. Dredge and fill discharges to waters of the U.S. and State are generally regulated through Clean Water Act Section 401 Water Quality Certifications and/or the California Water Code via waste discharge requirements issued by the RWQCB and the State Water Resources Control Board (SWRCB). 4.0 Existing Conditions 4.1 Physical Setting

Elevation within the study area ranges from approximately 540 feet above mean sea level (MSL) in a drainage in the central portion of the study area to 800 feet on the slopes along the northeastern boundary (see Figure 2).

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Three soil types occur within the study area, according to the reports and maps in the Soil Survey for the San Diego Area (U.S. Department of Agriculture [USDA] 1973). San Miguel-Exchequer rocky silt loams (9 to 70 percent slopes) occur over most of the site north of Scripps Lake Drive. Redding Gravelly loam (2 to 9 percent slopes) and Redding cobbly loam (9 to 30 percent slopes) occur in the southern portion of the study area, where the staging area would be located. San Miguel-Exchequer rocky silt loam soils occur on mountainous uplands, from 400 to 3,300 feet above MSL. It often has a substantial cover by rock outcrops (approximately 10 percent). Redding gravelly loam is generally found where soil is undulating to gently rolling, often with mima mounds. Within the study area, this soil type occurs in a largely disturbed area that has been historically graded. Therefore, no characteristic mima mound topography was present. Redding cobbly loam soils are found on strongly sloping to moderately steep areas. Cobblestones make up a substantial portion (20 to 35 percent) of the soil layers. This soil type occurs at the southwest corner of the study area, at the intersection of Scripps Lake Drive and Scripps Ranch Boulevard. This area has been historically graded and is currently dominated by non-native eucalyptus trees. 4.2 Vegetation Communities/Land Cover Types

TABLE 2 VEGETATION COMMUNITIES/LAND COVER TYPES WITHIN THE STUDY AREA

Vegetation Communities/ Acreage in Study Area Land Cover Types Tier Outside BSRA Inside BSRA Total Wetland/Riparian Habitats Southern willow scrub II 0.05 -- 0.05 Freshwater marsh II 0.08 0.15 0.23 Open Freshwater II 0.20 1.95 2.15 Upland Habitats Diegan coastal sage scrub II 8.65 5.04 13.69 Disturbed Diegan coastal sage scrub II 3.18 2.01 5.19 Coastal sage-chaparral scrub II 0.32 0.67 0.99 Revegetated habitat II1 1.17 0.09 1.26 Southern mixed chaparral (Granitic) III 2.60 0.54 3.14 Disturbed southern mixed chaparral III 0.17 -- 0.17 Eucalyptus/Non-native vegetation IV 6.92 0.33 7.25 Disturbed habitat IV 8.94 0.67 9.61 Ornamental vegetation IV 7.57 0.05 7.62 Urban/Developed land IV 13.15 0.60 13.75 TOTAL 53.00 12.10 65.10 1The majority of the revegetated habitat previously supported Diegan coastal sage scrub; thus, it is considered a Tier II Upland Habitat.

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4.2.1 Southern Willow Scrub

Southern willow scrub is a dense riparian community dominated by broad-leafed, winter- deciduous trees. This vegetation community is typically found along major drainages but also occurs in smaller drainages. Dense willow cover typically prevents smaller plants from growing in the understory. The representative species typically grow in loose, sandy, or fine gravelly alluvium deposited near stream channels during flood flows. This community requires repeated flooding to prevent succession to community dominated by sycamores and cottonwoods (Holland 1986). Southern willow scrub is a Tier II Wetland Habitat under the NCCP/HCP.

A single 0.05-acre patch of southern willow scrub occurs within the study area (see Table 2). It is represented by a cluster of shrubby arroyo willows (Salix lasiolepis) growing adjacent to an irrigated lawn and landscaping plants at the top of a slope (see Figure 4). The willows appear to be maintained and trimmed as landscaping and are likely supported by the adjacent irrigation. The only understory vegetation present beneath the dense shrubby willow canopy was a narrow strip of slender myoporum (Myoporum parvifolium) along the fringe adjacent to the ornamental vegetation. Diegan coastal sage scrub vegetation occurs throughout the hillside just down from the willows, and ornamental vegetation occurs adjacent to the willows on the north and south. While this patch of southern willow scrub could provide habitat value for dispersing or migrating riparian birds, its hilltop position adjacent to Diegan coastal sage scrub and ornamental suggests it likely provides more value to coastal sage scrub and urban-adapted species. 4.2.2 Freshwater Marsh

Freshwater marsh consists of perennial emergent monocots typically forming a closed canopy. This habitat occurs in open bodies of fresh water with little current flow, such as ponds, and to a lesser extent around seeps and springs. Freshwater marshes occur in areas of permanent inundation by freshwater without active stream flow. Freshwater marsh has been greatly reduced throughout its entire range and continues to decline as a result of urbanization and are considered sensitive by state and federal resource agencies. Freshwater marsh is a Tier II Wetland Habitat per the NCCP/HCP.

A narrow strip of freshwater marsh occurs in the south-central portion of the study area, in a drainage just west of the lowest extent of Miramar Dam (see Table 2 and Figure 4). This patch of freshwater marsh lies largely below the canopy of the surrounding eucalyptus trees. Two additional patches occur on the fringe of Miramar Reservoir along the eastern edge of the study area. In total, the study area supports 0.23 acre of freshwater marsh, consisting primarily of pale spike-rush (Eleocharis macrostachya), three-square (Schoenoplectus americanus), and broad-leaved cattail (Typha latifolia).

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Study Area Vegetation Communities/Land Cover Types Southern Willow Scrub Water Authority ROW Revegetated Habitat Freshwater Marsh Biologically Significant Resource Area Diegan Coastal Sage Scrub Eucalyptus/Non-native Vegetation Sensitive Species Disturbed Diegan Coastal Sage Scrub Disturbed Habitat #* Southern California Rufous-crowned Sparrow (2013) Coastal Sage-Chaparral Scrub Ornamental Vegetation ^_ Coastal California Gnatcatcher (2013) Southern Mixed Chaparral (Granitic) Urban/Developed Land ^_ Coastal California Gnatcatcher (2012) Disturbed Southern Mixed Chaparral Open Freshwater (Granitic) FIGURE 4

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4.2.3 Open Freshwater

Open freshwater consists of inundated areas with no emergent vegetation. Such areas include reservoirs, lakes, rivers, and ponds. Vegetation, if present, consists of floating aquatic species. Open freshwater is considered a Tier II Wetland Habitat in the NCCP/HCP. A total of 2.15 acres of open freshwater occurs within Miramar Reservoir along the eastern edge of the study area (see Table 2 and Figure 4). 4.2.4 Diegan Coastal Sage Scrub

Diegan coastal sage scrub is the southern form of coastal sage scrub, a vegetation community composed of low-growing, aromatic, drought-deciduous soft–woody shrubs that have an average height of approximately three to four feet. This community is typically found on sites with low moisture availability, steep, xeric slopes, or clay-rich soils that are slow to release stored water. Diegan coastal sage scrub is found in coastal areas from Los Angeles County south into Baja California, Mexico (Holland 1986). This vegetation community is a Tier II Upland Habitat per the NCCP/HCP.

The study area supports approximately 13.69 acres of Diegan coastal sage scrub and 5.19 acres of disturbed Diegan coastal sage scrub (see Table 2). This is the dominant vegetation community throughout the study area (see Figure 4). The plant composition of the Diegan coastal sage scrub is characterized primarily by California buckwheat (Eriogonum fasciculatum), broom baccharis (Baccharis sarothroides), California sagebrush (Artemisia californica), and deerweed (Acmispon glaber). Scattered black sage (Salvia mellifera), lemonadeberry (Rhus integrifolia), laurel sumac (Malosma laurina), and wishbone bush (Mirabilis laevis var. crassifolia) are also present. Several patches of disturbed Diegan coastal sage scrub occur in the study area, primarily in areas with previously disturbed soil, such as a portion of the back slope of Miramar Dam, adjacent to existing dirt roads, and in areas where previous work on the aqueduct has disturbed the soil or vegetation. Plant cover in these areas is lower overall, and there is a higher proportion of non-native species, such as tocalote (Centaurea melitensis) and short-pod mustard (Hirschfeldia incana). 4.2.5 Coastal Sage-Chaparral Scrub

Coastal sage–chaparral scrub is a vegetation community containing a mix of woody chaparral species and drought-deciduous sage scrub species. The community is an intermediate between coastal sage scrub and chaparral and often occurs as a post-fire successional community. This vegetation type is found from the outer Coast Ranges and Peninsular Range from Big Sur south to Baja California (Holland 1986). Coastal sage- chaparral scrub is considered a Tier II Upland Habitat by the NCCP/HCP.

The study area supports 0.99 acre of coastal sage-chaparral scrub, located on the upper portion of a small hill in the south-central portion of the site, just southwest of Miramar

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Dam (see Table 2 and Figure 4). It occurs on the upper slopes of a hill, between larger areas of Diegan coastal sage scrub and southern mixed chaparral. Vegetation within this area is characterized by mission manzanita (Xylococcus bicolor), laurel sumac, lemonadeberry (Rhus integrifolia), black sage, saw-toothed goldenbush (Hazardia squarrosa), and California sagebrush. 4.2.6 Revegetated Habitat

As described in the biological technical report for the Water Authority’s previous Pipeline 3 and 4 Relining Project (Helix 2010), areas that were disturbed by the relining activities were revegetated after completion of the project. The majority of the revegetated habitat supported Diegan coastal sage scrub prior to that project, while the remainder primarily supported chaparral. The seed mix used in the revegetated habitat included coastal sage scrub species, such as deerweed, California sagebrush, San Diego County viguiera (Bahiopsis laciniata), California buckwheat, and golden yarrow (Eriophyllum confertiflorum), as well as herbaceous species such as California poppy (Eschscholzia californica), arroyo lupine (Lupinus succulentus), fescue (Festuca microstachys), blue- eyed grass (Sisyrinchium bellum), and goldfields (Lasthenia glabrata; Helix 2010; Jasmine Bakker, pers. comm. 2013). Not all of these species were observed during the general biological survey. Because the majority of the revegetated habitat previously supported Diegan coastal sage scrub and was reseeded with native species that can occur in Diegan coastal sage scrub, it is treated as a Tier II Upland Habitat.

A total of 1.26 acres of revegetated habitat is present within the study area. At the time of the general survey, most of these restored areas had been recently hydroseeded. The revegetated areas contained a mix of germinating native species such as California poppy, arroyo lupine, and blue-eyed grass, as well as numerous invasive exotic species, such as red brome (Bromus madritensis ssp. rubens), Italian thistle (Carduus pycnocephalus), red-stemmed filaree (Erodium cicutarium), and short-pod mustard. Several San Diego County viguiera were also observed within the revegetated habitat in the southern portion of the study area, just north of Scripps Lake Drive. 4.2.7 Southern Mixed Chaparral (Granitic)

Granitic southern mixed chaparral is a plant community typically dominated by broad- leaved sclerophyllous shrubs or small trees, and characteristically occupies protected north-facing and canyon slopes or ravines where more mesic conditions are present. Vegetation in this community are typically 5 to 10 feet tall, comprising a dense cover of woody evergreen shrubs, with little or no understory cover, but may include patches of bare soil. Many species in this community are adapted to repeated fires by their ability to stump sprout. Southern mixed chaparral typically is found in coastal foothills of San Diego County and northern Baja California, usually at elevations below 3,000 feet (Holland 1986). Southern mixed chaparral is considered a Tier III Upland Habitat by the NCCP/HCP.

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Approximately 3.14 acres of southern mixed chaparral and 0.17 acre of disturbed southern mixed chaparral occur in two general locations within the study area (see Table 2 and Figure 4). One patch occurs on the steep, north-facing slopes just west of the dam. A second, larger patch of southern mixed chaparral occurs on the east-facing slopes south of Scripps Lake Drive. These areas are dominated by a very dense cover of chamise (Adenostoma fasciculatum), mission manzanita, spiny redberry (Rhamnus crocea), laurel sumac, and lemonadeberry. An additional small patch of disturbed southern mixed chaparral occurs within a larger area mapped as eucalyptus/non-native vegetation and disturbed habitat. This patch is likely subject to recurring disturbance, as there is evidence of vehicular use, and many of the plants appear broken. 4.2.8 Eucalyptus/Non-native Vegetation

Eucalyptus/non-native vegetation, or eucalyptus woodland, is characterized by tall Australian eucalyptus trees with leaf litter that emits allelopathic chemicals, which tend to reduce or prevent growth of understory vegetation. This introduced woodland community is common in the urban areas and coastal plains, and is particularly well-established in the Scripps Ranch area. It is considered a Tier IV vegetation community by the NCCP/HCP and is not considered sensitive; however, this community does provide foraging and nesting habitat for raptors and other bird species.

A total of 7.25 acres of eucalyptus/non-native vegetation occurs in the study area in two primary locations (see Table 2 and Figure 4). A large area of eucalyptus/non-native vegetation occurs on the parcel south of Scripps Lake Drive. This area is largely a monotypic stand of eucalyptus trees; however, some chaparral species, such as broom baccharis and lemonadeberry, are also present along the eastern edge. In the central portion of the site, a patch of eucalyptus runs in an east-west direction between the base of the dam and a storage facility located on Scripps Ranch Boulevard. 4.2.9 Disturbed Habitat

Disturbed habitat consists of areas that have been altered or cleared of vegetation. Often these areas are compacted and bare or, where vegetation has re-established, are dominated by ruderal or weedy non-native species. Disturbed habitat is considered a Tier IV habitat by the NCCP/HCP and is not considered sensitive; however, this community could provide foraging habitat for raptors and other bird species.

A total of 9.61 acres of disturbed habitat occur within the study area (see Table 2 and Figure 4). The disturbed habitat in the southern portion of the study area is nearly bare ground with areas of decomposed granite gravel, dead plant material, and scattered weedy species such as red brome, tocalote, and short-pod mustard. Additionally, a portion of the west-facing slope of Miramar Dam is vegetated with a mix of non-native species, including red brome, wild oats (Avena sp.), London rocket (Sisymbrium irio), and tree tobacco (Nicotiana glauca).

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4.2.10 Ornamental Vegetation

Ornamental vegetation includes intentionally or actively planted areas established for aesthetic reasons, often associated with urban developments. These areas are identified as Tier IV habitats by the NCCP/HCP and are not considered sensitive.

Ornamental vegetation occurs on 7.62 acres within the northern portion of the study area, primarily on vegetated slopes associated with the Nob Hill and Miro/Ravel residential housing developments (see Table 2 and Figure 4). In addition to grassy lawns, the dominant ornamental plant within the study area is acacia (Acacia sp.), which occurs in a dense stand on the west-facing slopes leading down to the Nob Hill residences. Other ornamental plant species within the study area include ground cover species like slender myoporum and baby sun rose (Aptenia cordifolia), and shrubs like Indian hawthorn (Rhaphiolepis indica) and oleander (Nerium oleander), as well as other showy plants like fountain grass (Pennisetum setaceum), pampas grass (Cortaderia sp.), and century plant (Agave americana). 4.2.11 Urban/Developed Land

Urban/developed land is mapped within the study area where there are paved roads or buildings. A total of 13.75 acres of urban/developed land occur within the study area (see Table 2 and Figure 4). This land cover type is not considered sensitive by the NCCP/HCP. 4.3 Plant Species Observed Within the Study Area

A total of 75 plant species were identified within the study area (Attachment 1), including 42 species (56 percent) that are native to southern California and 33 species (44 percent) that are non-native. 4.4 Wildlife Observed Within the Study Area

A total of 28 wildlife species have been recorded within the study area, including 2 invertebrates, 1 reptile, 23 bird, and 2 mammal species (Attachment 2). 4.5 Jurisdictional Wetlands and Waters

Figure 5 identifies the locations of the jurisdictional wetlands and waters according to USACE, CDFW, and RWQCB. Table 3 summarizes the jurisdictional determination within the study area. As previously noted, the wetland delineation did not include Miramar Reservoir.

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TABLE 3 EXISTING JURISDICTIONAL WETLANDS AND WATERS WITHIN THE STUDY AREA (acres)

Jurisdictional Waters Total* USACE Jurisdiction Non-wetland waters of the U.S. 0.02 Wetlands 0.02 USACE Total Jurisdiction 0.04 CDFW Jurisdiction Streambed 0.02 State Wetlands 0.02 CDFW Total Jurisdiction 0.04 RWQCB Waters of the State 0.04 RWQCB Total Jurisdiction 0.04 *USACE, CDFW, and RWQCB wetlands and waters overlap with one another. 4.5.1 USACE Jurisdiction

USACE jurisdiction delineated on-site totals 0.04 acre, which includes 0.02 acre of USACE non-wetland waters of the U.S. and 0.02 acre of USACE wetlands. USACE non- wetland waters consist of an unvegetated streambed leading downhill from north to south, where it merges with the USACE wetlands. USACE wetlands within the study area consist of emergent marsh wetland vegetation. These wetlands occur within a narrow eroded channel fed by an overflow drain from Miramar Reservoir.

It is important to note that the southern willow scrub was determined not to be a USACE jurisdictional wetland because, while the area contains hydrophytic vegetation, it does not contain hydric soils or wetland hydrology. 4.5.2 CDFW Jurisdiction

CDFW jurisdiction delineated on-site totals 0.04 acre, which includes 0.02 acre of CDFW streambed and 0.02 acre of CDFW wetlands. CDFW streambed consists of unvegetated streambed. CDFW wetlands within the study area consist of emergent marsh wetland vegetation. This area coincides with and overlaps the USACE and RWQCB jurisdictional areas. The southern willow scrub was determined not to be subject to Fish and Game Code 1602 because it is an isolated patch of vegetation and is not associated with an existing stream channel. 4.5.3 RWQCB Jurisdiction

RWQCB jurisdiction delineated on-site totals 0.04 acre of RWQCB waters of the state. RWQCB waters of the state consist of both the unvegetated streambed and emergent marsh wetland vegetation within the study area. This area coincides with and overlaps the USACE and CDFW jurisdictional areas. The southern willow scrub was determined

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not to be under RWQCB jurisdiction, because it is an isolated patch of vegetation maintained by nearby irrigation, and is not associated with an existing stream channel. 4.6 Habitat Linkages and Wildlife Corridors

As detailed in the Water Authority NCCP/HCP, wildlife linkages and corridors can function to increase the habitat value of blocks of habitat or to mitigate the effects of habitat fragmentation. Linkages are generally considered to be any connective land between larger blocks of habitat that promotes movement of a variety of species and/or ecosystem processes. These connections can facilitate the movement of larger animals and can serve as “live-in” habitat for smaller species—both of which can improve gene flow among populations.

Corridors are generally linear (often narrow) features that connect larger blocks of habitat and provide for movement, dispersal and migration of wildlife species. The linkage or corridor may not have continuous natural habitat or may have very narrow constrictions. The geographic area, time scale, and species of interest will affect the functional level of the linkage or corridor, which can be generally described as regional corridors and local corridors. Although the habitat around Miramar Reservoir is a BSRA, it is not identified in the NCCP/HCP as a habitat linkage or wildlife corridor. The nearest such area is the City of San Diego Multiple Species Conservation Plan (MSCP) Core Habitat Linkage located is south of the study area along MCAS Miramar.

Local corridors often are short, relatively narrow linkages between two or more small, connected patches of habitat, which allows them to function as a larger block of habitat. The larger interconnected block enables viability and promotes population stability through regular genetic interchange, even though each individual habitat patch may be too small for the long-term survival of a wildlife population. Habitat in the study area likely functions as a constrained local corridor, providing “stepping-stone” connectivity between Los Peñasquitos Canyon and MCAS Miramar. The study area is situated on the extreme western edge of the habitat around Miramar Reservoir, and is in an area that was historically impacted by Miramar Dam and previous pipeline work. Additionally, it is adjacent to existing residential and light industrial developments. As a result of these factors, the study area provides only marginal local corridor value. 5.0 Regional and Regulatory Context

The proposed project contains elements both within and outside the Water Authority’s BSRA. The majority of both project alternatives and the access road occur within the Water Authority ROW, which has been historically subject to pipeline and access road installation, as well as operations and maintenance activities. Alternative 2 and the access road include elements outside the ROW, and the access road also has portions

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within the BSRA. The entire staging area south of Scripps Lake Drive is located outside the ROW.

Federal, state, and local environmental regulations that apply to the project are briefly discussed below. 5.1 Federal Endangered Species Act

Impacts to protected species (those listed as federally endangered or threatened) are considered a take under the federal ESA. Take of federally listed species is regulated under Section 10(a) of the federal ESA, which allows issuance of incidental take permits for species covered under the NCCP/HCP. The coastal California gnatcatcher, which occurs in the study area, is a federally threatened species and is considered a covered species under the NCCP/HCP and City. 5.2 Migratory Bird Treaty Act

The MBTA regulates take and harassment of migratory birds (as defined in 50 CFR 10.12) and their breeding activities. Restrictions are in place on disturbance of active bird nests during the nesting season (February 15 to August 31). The MBTA, which is enforced by USFWS, makes it unlawful “by any means or in any manner, to pursue, hunt, take, capture, [or] kill” any applicable migratory bird, or attempt such actions, except as permitted by regulation. 5.3 California Endangered Species Act

Similar to the federal ESA, the California ESA provides protection to species considered threatened or endangered by the State of California. The California ESA recognizes the importance of threatened and endangered fish, wildlife, and plant species and their habitats, and prohibits the taking of any endangered, threatened, or rare plant and/or animal species unless specifically permitted for education or management purposes. 5.4 California Fish and Game Code

Raptors (birds of prey) and active raptor nests are protected by the California Fish and Game Code 3503.5, which states that it is “unlawful to take, possess, or destroy any birds of prey or to take, possess, or destroy the nest or eggs of any such bird” unless authorized (State of California 1991). Section 3503.3 of the California Fish and Game Code prohibits take, possession, or destruction of any birds in the orders Falconiformes (hawks) or Strigiformes (owls), or of their nests and eggs (State of California 1991).

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5.5 Water Authority NCCP/HCP

The Water Authority NCCP/HCP provides the mechanism for take authority of covered species within the Water Authority’s PIZ, a defined area that includes the Water Authority’s ROW and other lands within 1,000 feet of the ROW, where most Water Authority activities would occur. Projects must demonstrate compliance with the implementation commitments, particularly the commitment to avoid, minimize, and mitigate impacts. 5.5.1 Biologically Significant Resource Areas

The conservation strategy outlined in the NCCP/HCP primarily focuses on preserving habitat that supports rare vegetation types and species; have high species diversity; are part of core habitat areas; or function as a key linkage or corridor for species. Such areas, designated BSRAs, include habitat in established Water Authority Habitat Management Areas (HMAs), as well as areas designated in approved conservation plans as biological resource core areas, pre-approved mitigation areas, focused planning areas, corridors/linkages, or equivalent designations.

The Water Authority ROWs are excluded from the BSRA designation, because they have been, and will continue to be, impacted by Water Authority operations and maintenance activities. 5.5.2 Conservation Policies

The NCCP/HCP has established a number of policies with which projects must demonstrate compliance: (1) General Conditions for Coverage, (2) Narrow Endemic Policy, (3) Vernal Pool Protection Policy, (4) Avian Breeding Season Policy, (5) Buffers, and (6) Biologically Superior Alternatives.

5.5.2.1 General Conditions of Coverage

To ensure adequate conservation of covered species, all projects must demonstrate compliance with the General Conditions for Coverage outlined in Section 2.1 of Appendix B of the NCCP/HCP. These 18 General Conditions of Coverage include establishment of avoidance buffers around covered plant species, maintenance of existing movement corridors, and measures to prevent indirect impacts such as erosion, unauthorized human access, non-native species encroachment, dust, and edge effects.

5.5.2.2 Narrow Endemic Policy and Vernal Pool Protection Policy

Table 6-3 of the NCCP/HCP identifies 16 plant and 6 wildlife species considered to be narrow endemics. None of these narrow endemic species was observed, or is expected

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to occur, within the study area (see Attachments 1 through 4). Therefore, the Narrow Endemic Policy would not apply. The NCCP/HCP has also established measures to ensure no net loss of vernal pools. No vernal pools were identified within the study area; therefore, this policy would not apply.

5.5.2.3 Avian Breeding Season Policy

To protect breeding birds, the NCCP/HCP requires that vegetation clearing be performed outside the nesting and breeding season to comply with the requirements of the MBTA, Bald and Golden Eagle Protection Act, and Fish and Game Code Section 3503. The NCCP/HCP identifies the following breeding season dates:

Raptor species – January 15 through July 31 Riparian birds – March 15 through September 15 Upland birds – February 15 through August 15.

The Water Authority proposes all vegetation clearing outside the bird breeding season, to the degree feasible. If clearing must occur during the breeding season, impacts would be minimized through conducting pre-construction nest surveys within 300 feet of all proposed activities. If active nests are encountered, no work shall occur within a minimum distance of 100 feet of the nest.

5.5.2.4 Buffers

Species-specific buffers are required for covered species, as well as particular non- covered species, per Appendix B of the NCCP/HCP (Water Authority 2010). Sensitive plant and wildlife species with potential to occur in the study area are presented in Attachments 3 and 4, respectively. Only one sensitive wildlife species, coastal California gnatcatcher, was detected within the study area that would require a buffer. Buffers and other conditions for coverage for the coastal California gnatcatcher are discussed below.

5.5.2.5 Biologically Superior Alternatives

Section 2.5 of NCCP/HCP Appendix B states that “In the event that an alternative species specific management action should be identified and developed that the Water Authority and Wildlife Agencies deem biologically equivalent or superior, that alternative may be implemented in lieu of otherwise identified Plan management measures.” No biologically Superior Alternatives are being proposed for the project.

5.5.2.6 Species Specific Conditions for Coverage

The Water Authority NCCP/HCP identifies species-specific conditions for covered species. The study area supports or has moderate or greater potential to support three covered species for which species-specific conditions for coverage would apply:

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Belding’s orange-throated whiptail, coastal California gnatcatcher, and southern California rufous-crowned sparrow. 5.6 City of San Diego Multiple Species Conservation Program

Although the project is subject to environmental regulation by the Water Authority, through the NCCP/HCP, it is also consistent with the City’s MSCP. The project would impact lands within and adjacent to the City’s Multi-Habitat Planning Area (MHPA) lands. Section 1.4.3 of the City’s MSCP provides Land Use Adjacency Guidelines, which are designed to minimize indirect impacts to the preserved lands (City of San Diego 1997). These guidelines include project design recommendations regarding drainage, toxins, lighting, noise, barriers, invasive species, brush management, and grading, all of which addressed in Section 7.2 of this report. 6.0 Sensitive Resources

The NCCP/HCP (Water Authority 2010) defines sensitive vegetation communities as those that “. . . are rare or threatened in the region and support sensitive plant and wildlife species, including all wetlands, riparian habitats, waterways, coastal sage scrub, native grasslands, and oak woodlands.” For purposes of this report, sensitive vegetation communities include all Wetland Habitat Tiers identified in the NCCP/HCP and upland habitats in NCCP/HCP Tiers I through III (Water Authority 2010). Disturbed versions of these vegetation communities are also considered sensitive.

Wetlands and non-wetland waters are under the jurisdiction of the USACE. Streambeds and associated vegetation are under the jurisdiction of the CDFW. Waters of the state and waters of the U.S. are under the jurisdiction of the RWQCB.

For purposes of this report, species are considered sensitive if they are (1) identified as covered species or narrow endemic species in the NCCP/HCP (Water Authority 2010), (2) listed or proposed for listing by state or federal agencies as threatened or endangered; (3) identified by the CNPS as a California Rare Plant Rank (CRPR) Rank 1B (considered endangered throughout the range), Rank 2 (considered endangered in California but more common elsewhere) in Inventory of Rare and Endangered Plants (2013); or (4) considered fully protected, sensitive, or rare by the State of California (2011, 2013b, 2013c, 2013d), CNDDB (State of California 2013a). The designation of “California fully protected” was adopted by the state of California prior to the creation of the state Endangered Species Act (ESA) and provides wildlife protection from harm or harassment.

Although not necessarily meeting the CEQA definition of sensitive or rare, CNPS strongly recommends that plants identified by CRPR Rank 3 (more information about the

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plant’s distribution and rarity needed), or Rank 4 (plants of limited distribution) in the Inventory of Rare and Endangered Plants (2013) be evaluated for consideration during the preparation of a CEQA document.

Per California Fish and Game Code 3503.5, it is unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds of prey [raptors]), or to take, possess, or destroy the nest or eggs of any such bird (State of California 1991). Therefore the associated species and their active nests are considered sensitive biological resources.

Migratory birds, which are defined in 50 CFR 10.12 as any mutation or hybrid of a listed species, and their breeding activities throughout the U.S., are protected under the Migratory Bird Treaty Act (MBTA) of 1918. Migratory birds are not necessarily federally listed endangered or threatened birds under the federal ESA. The number of bird species covered by the MBTA is extensive and is listed at 50 CFR 10.13. 6.1 Sensitive Vegetation Communities/Land Cover Types

The study area supports seven sensitive vegetation communities/land cover types: freshwater marsh, southern willow scrub, open freshwater, Diegan coastal sage scrub (including disturbed), coastal sage-chaparral scrub, southern mixed chaparral (including disturbed) and revegetated habitat (see Table 2). As discussed in Section 4.2.7, revegetated habitat consists of areas that were impacted by the Pipeline 3 and 4 Relining Project and are currently being restored. The majority of the revegetated habitat supported Diegan coastal sage scrub prior to that project, while the remainder supported chaparral. Any impacts to these areas would require mitigation. Eucalyptus/non-native vegetation is not considered a sensitive vegetation community by the NCCP/HCP. The remaining three vegetation communities/land cover types, disturbed habitat, ornamental vegetation, and urban/developed land, are not considered sensitive. 6.2 Sensitive Plant Species 6.2.1 Sensitive Plant Species Observed

No federal or state-listed threatened or endangered, or NCCP/HCP covered plant species were observed within the study area. Two noteworthy plant species, ashy spike- moss (Selaginella cinerascens) and San Diego County viguiera, were detected during the survey and are discussed below.

Ashy spike-moss (Selaginella cinerascens)

Ashy spike-moss has no federal or state listing, but is identified by the California Native Plant Society as a CRPR 4.1 species (CNPS 2013a). This species is found in Orange,

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Riverside, and San Diego counties and northwestern Baja California, Mexico. It is common in dry, open areas within chaparral and coastal sage scrub throughout San Diego County, especially on undisturbed soils (Reiser 2001). Within the study area, ashy spike-moss was recorded but not mapped in coastal sage scrub in the southern portion of the site. It is expected to be present at low numbers within intact (non-disturbed) Diegan coastal sage scrub outside the ROW, where soils have not been historically disturbed by pipeline installation and maintenance.

San Diego County viguiera (Bahiopsis laciniata)

San Diego County viguiera has no federal or state listing, but is identified by the California Native Plant Society as a CRPR 4.2 species (CNPS 2013a). This species is found in Orange, Riverside, and San Diego counties, and Northwestern Baja California, Mexico. It is found in open, arid coastal sage scrub, where it often occurs as a co- dominant species (Reiser 2001). Within the study area, this species was observed in the revegetated habitat in the southern portion of the study area (outside the impact footprint), but not within any other native vegetation community. This species was included in the revegetation seed mix for the southern portion of the Pipeline 3 and 4 Relining Project (Jasmine Bakker, pers. comm. 2013). Because this moderate-sized conspicuous shrub was only observed in revegetated habitat in the southern portion of the study area, it has low potential to occur within the Diegan coastal sage scrub, coastal sage-chaparral scrub, and southern mixed chaparral in other portions of the study area. 6.2.2 Sensitive Plants with Potential to Occur

An additional 34 sensitive plant species, including Water Authority NCCP/HCP narrow endemics, were assessed for their potential to occur within the study area (Attachment 3). No covered species or narrow endemic species were observed or are expected to occur within the study area. One sensitive species has at least a moderate potential to occur within the study area, western dichondra (Dichondra occidentalis). This species is discussed below.

Western dichondra (Dichondra occidentalis)

Western dichondra has no federal or state listing, but is identified by the California Native Plant Society as a CRPR 4.2 species (CNPS 2013a). Western dichondra occurs below 1,650 feet in coastal southern California, south of Santa Barbara County, in the Channel Islands, and in Baja California, Mexico. This small perennial herb in the morning-glory family (Convolvulaceae) often occurs completely hidden in the understory of larger shrubs in chaparral, cismontane woodland, coastal sage scrub (Reiser 2001). This species has a moderate potential to occur within the dense, undisturbed coastal sage scrub and chaparral outside the ROW, which have not been subject to historical disturbance by pipeline installation and maintenance. It has low potential to occur within the ROW, where pipeline operations and maintenance have periodically disturbed the

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habitat. Although this species was not observed during the surveys, it typically grows in the shaded understory of shrub species and, if present, it would have been difficult to observe in areas with dense shrubs. 6.3 Sensitive Wildlife Species 6.3.1 Sensitive Wildlife Species Observed

The following two sensitive wildlife species were detected within the study area (see Figure 4): coastal California gnatcatcher (Polioptila californica californica) and southern California rufous-crowned sparrow (Aimophila ruficeps canescens). These species are both NCCP/HCP covered species and are discussed below.

Coastal California gnatcatcher (Polioptila californica californica)

The coastal California gnatcatcher is federally listed as threatened, is a CDFW species of special concern, and is a Water Authority NCCP/HCP covered species. The coastal California gnatcatcher is a non-migratory, resident species found on the coastal slopes of southern California, ranging from Ventura County southward through Los Angeles, Orange, Riverside, and San Diego counties into Baja California, Mexico (Atwood and Bontrager 2001). Coastal California gnatcatchers typically occur in or near sage scrub habitat, although chaparral, grassland, and riparian woodland habitats are also used where they occur adjacent to sage scrub. Breeding occurs from February through August, and nests are constructed most often in California sagebrush. The coastal California gnatcatcher diet consists mainly of sessile small arthropods, such as leafhoppers, spiders, beetles, and true bugs (Atwood and Bontrager 2001).

A total of four coastal California gnatcatchers have been observed within the study area (see Figure 4). One adult gnatcatcher was observed within Diegan coastal sage scrub in the northern portion of the study area during the general biological survey. Additionally, one adult and one pair were observed in Diegan coastal sage scrub in the southern portion of the study area during protocol surveys for the City of San Diego’s Scripps Ranch Pump Station Project (RECON 2012). Given the observation of at least one pair and two individuals within the study area, this species likely nests within the study area; however, the best habitat occurs higher on the slopes, east of the Water Authority ROW.

Southern California rufous-crowned sparrow (Aimophila ruficeps canescens)

The southern California rufous-crowned sparrow is not federally listed, but was formerly a CDFW species of special concern and is a Water Authority NCCP/HCP covered species.

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This subspecies of rufous-crowned sparrow is a San Diego County resident and ranges throughout southern California from Los Angeles County to Baja California, Mexico (Collins 1999). Southern California rufous-crowned sparrows are found in sage scrub, broken or burned chaparral habitats, and grasslands with scattered shrubs. The species exhibits a strong preference for moderate to steep, south-facing, dry, rocky slopes with a 50 percent cover of low shrubs (Unitt 2004; Collins 1999). Breeding occurs from March through June, and pair bonds are formed that may last year-round (Collins 1999). Their diet consists primarily of small grass and forb seeds, fresh grass stems, and tender plant shoots and extends to insects during spring and summer months (Wolf 1977).

This species was heard calling in the coastal sage scrub in the southern portion of the site, but also has a high potential to occur in coastal sage scrub, coastal sage-chaparral scrub, and southern mixed chaparral habitats throughout the study area. This species likely nests within the study area; however, the best habitat occurs higher on the slopes, east of the Water Authority ROW. 6.3.2 Sensitive Wildlife Species with Potential to Occur

In addition to those species observed within the study area, sensitive wildlife species known to occur in similar habitat and/or in the vicinity were assessed for their potential to occur within the study area (Attachment 4). One of these species, Belding’s orange- throated whiptail (Aspidoscelis hyperythra beldingi), has a moderate potential to occur in the study area. This species is discussed below.

Additionally, raptor species have potential to nest or forage within the study area. The eucalyptus/non-native vegetation could provide nesting habitat for red-tailed hawk (Buteo jamaicensis) or red-shouldered hawk (Buteo lineatus), neither of which is a covered species under the NCCP/HCP, nor has a state or federal wildlife listing or special status designation. No sensitive raptor species have moderate or high potential to nest within the study area; although Cooper’s hawk (Accipiter cooperii) has moderate potential to forage throughout the study area (see Attachment 4).

Belding’s orange-throated whiptail (Aspidoscelis hyperythra beldingi)

Belding’s orange-throated whiptail is not federally listed but is a CDFW species of special concern and is a Water Authority NCCP/HCP covered species. It ranges from the coast to the Peninsular mountain ranges from Orange and southwestern San Bernardino counties to the tip of Baja California, Mexico (Stebbins 2003).This species occurs in a variety of habitats and is most common in sandy areas of low, open sage scrub or chaparral, particularly where there is California buckwheat, sage (Salvia spp.), or chamise (Lemm 2006). It feeds primarily on the western subterranean termite (Reticulitermes hesperus), which comprises 86 percent or more of the lizard’s diet (Bostic 1966). It is active during spring and summer but is largely dormant during the fall

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and winter, when temperatures drop (Jennings and Hayes 1994). Breeding occurs from May through July. The decline of this species is attributed to habitat loss and fragmentation (McGurty 1980). Although it was not observed on site during the biological surveys, Belding’s orange-throated whiptail has moderate potential to occur on-site due to the presence of suitable Diegan coastal sage scrub and coastal sage-chaparral scrub. 7.0 Project Impacts

All impacts associated with the project may be considered direct or indirect. Direct impacts occur when project implementation results in removal of existing habitat or species. Indirect impacts result from secondary effects of a project, such as increased exotic species, noise, or degradation of native species habitat.

The proposed project has three primary components: (1) the pipeline improvement area (for which there are two alternatives), (2) the access road, and (3) the staging area. Impacts caused by the access road and staging area would be the same for both alternatives; however, impacts from tunneling and open trench alternatives would differ. Project impacts are shown on Figures 6a and 6b. 7.1 Direct Impacts

Impacts may be considered permanent or temporary. Permanent impacts occur when Water Authority activities cause removal of habitat that cannot be mitigated on-site through revegetation or other restoration efforts. Temporary impacts occur when Water Authority activities either do not disturb vegetation or root stock, or when they can be mitigated through revegetation or other restoration efforts in the area of initial disturbance. 7.1.1 Vegetation Communities 7.1.1.1 Pipeline Improvements

a. Alternative 1: Tunneling

For purposes of this analysis, a conservative estimate has been employed that includes all currently identified grading and work areas, as well as sufficient extra space to encompass all potentially impacted areas. This footprint spans the width of the ROW. Additionally, given the location of the existing pipelines relative to the ROW boundary, it would be necessary to grade a small area outside the ROW under this alternative (see Figure 6a). Portions of the work area that currently support native vegetation (i.e., Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, and revegetated habitat) would be reseeded following construction. These impacts would be considered temporary disturbances. A total of 5.36 acres would be impacted by implementation of

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Alternative 1. However, the BSRA is not adjacent to the ROW in this area; therefore, all temporary impacts occur outside the BSRA (Table 4).

TABLE 4 IMPACTS TO VEGETATION COMMUNITIES/LAND COVER TYPES: ALTERNATIVE 1 – TUNNELING (acres)

Vegetation Communities/ Temporary Land Cover Types Tier Impacts (acres) Upland Habitats Diegan coastal sage scrub II 1.75 Disturbed Diegan coastal sage scrub II 0.92 Revegetated habitat II 0.68 Disturbed habitat IV 0.47 Ornamental vegetation IV 1.15 Urban/developed land IV 0.39 TOTAL (acres) 5.36

Diegan coastal sage scrub and disturbed Diegan coastal sage scrub are considered Tier II vegetation communities by the Water Authority NCCP/HCP (Water Authority 2010). Impacts to these sensitive vegetation communities would be considered significant and would require mitigation. Disturbed habitat, ornamental vegetation, and urban/developed land are classified by the NCCP/HCP as Tier IV habitats/land cover types. Impacts to Tier IV habitats/land cover types would not be considered significant and would require no mitigation. The majority of the revegetated habitat previously supported Diegan coastal sage scrub; therefore, it is considered a Tier II Upland Habitat.

Both of the alternatives would include installation of the access road and establishment of the staging area. The two alternatives would differ only in the impact footprint of the pipeline improvement work area. As a result, it is useful to compare the impacts from the entire project, in addition to those for the individual segments. Table 5 shows impacts for the overall project if Alternative 1 is implemented.

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Biologically Significant Resource Area Vegetation Communities/Land Cover Types Southern Willow Scrub Proposed Project Areas Revegetated Habitat Freshwater Marsh Limits of Excavation Construction Staging Area Diegan Coastal Sage Scrub Eucalyptus/Non-native Vegetation Property Pipeline Improvements Disturbed Diegan Coastal Sage Scrub Disturbed Habitat Work Area Approximate Location of Ornamental Vegetation Access Road Area Staging Area Coastal Sage-Chaparral Scrub Water Authority ROW Southern Mixed Chaparral (Granitic) Urban/Developed Land Sensitive Species #* Disturbed Southern Mixed Chaparral Open Freshwater Southern California Rufous-crowned Sparrow (2013) (Granitic) ^_ Coastal California Gnatcatcher (2013) ^_ Coastal California Gnatcatcher (2012) FIGURE 6b Alternative 2, Open Trench – Impacts to Biological Resources M:\JOBS4\6830\common_gis\fig6b.mxd 2/10/2014 ccn THIS PAGE IS INTENTIONALLY BLANK.

Biological Technical Report for the Nob Hill Pipeline Improvements Project

TABLE 5 OVERALL PROJECT IMPACTS TO VEGETATION COMMUNITIES/LAND COVER TYPES: ALTERNATIVE 1 – TUNNELING (acres)

Impacts Pipeline Work Vegetation Community/ Area – Temporary Access Road – Permanent Land Cover Type Tier Outside BSRA Outside BSRA Inside BSRA Total Wetland Habitats Southern willow scrub II ------Upland Habitats Diegan coastal sage scrub II 1.75 1.32 0.02 3.09 Disturbed Diegan coastal sage scrub II 0.92 0.18 0.03 1.13 Revegetated habitat II 0.68 0.29 0.01 0.98 Southern mixed chaparral III -- -- 0.04 0.04 Eucalyptus/non-native vegetation IV -- 0.24 0.02 0.26 Disturbed habitat IV 0.47 0.17 0.02 0.66 Ornamental vegetation IV 1.15 0.02 -- 1.17 Urban/developed land IV 0.39 -- 0.01 0.40 TOTAL 5.36 2.22 0.15 7.73

b. Alternative 2: Open Trench

Similar to Alternative 1, the work area footprint defined for Alternative 2 represents a conservative estimate that includes all land that could potentially be impacted. As the new pipeline for this alternative would be placed in the same alignment as the existing Pipeline 4 (which would be removed), the impact footprint is somewhat narrower than that for Alternative 1, and would not extend outside the Water Authority ROW (see Figure 6b). All impacts from Alternative 2 would be considered temporary disturbances. A total of 4.93 acres of vegetation would be temporarily impacted by implementation of Alternative 2, all of which would occur outside the BSRA (Table 6). Table 7 presents impacts that would be associated with the overall project if Alternative 2 is implemented.

TABLE 6 IMPACTS TO VEGETATION COMMUNITIES/LAND COVER TYPES: ALTERNATIVE 2 – OPEN TRENCH

Vegetation Communities/ Land Cover Types Tier Temporary Impacts Upland Habitats Diegan coastal sage scrub II 1.66 Disturbed Diegan coastal sage scrub II 0.67 Revegetated habitat II 0.60 Disturbed habitat IV 0.47 Ornamental vegetation IV 1.14 Urban/developed land IV 0.39 TOTAL (acres) 4.93

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Diegan coastal sage scrub and disturbed Diegan coastal sage scrub are considered Tier II vegetation communities by the Water Authority NCCP/HCP (Water Authority 2010). Impacts to this sensitive vegetation community would be considered significant and would require mitigation. The disturbed habitat, ornamental vegetation, and urban/developed land are classified by the NCCP/HCP as Tier IV habitats/land cover types. Impacts to Tier IV habitats/land cover types would not be considered significant and would require no mitigation. The majority of the revegetated habitat previously supported Diegan coastal sage scrub; therefore, it is considered a Tier II Upland Habitat.

TABLE 7 OVERALL PROJECT IMPACTS TO VEGETATION COMMUNITIES/LAND COVER TYPES: ALTERNATIVE 2 – OPEN TRENCH (acres)

Impacts Pipeline Work Vegetation Community/ Area – Temporary Access Road – Permanent Land Cover Type Tier Outside BSRA Outside BSRA Inside BSRA Total Upland Habitats Diegan coastal sage scrub II 1.66 1.32 0.02 3.00 Disturbed Diegan coastal sage scrub II 0.67 0.18 0.03 0.88 Revegetated habitat II 0.60 0.29 0.01 0.90 Southern mixed chaparral III -- -- 0.04 0.04 Eucalyptus/non-native vegetation IV -- 0.24 0.02 0.26 Disturbed habitat IV 0.47 0.17 0.02 0.66 Ornamental vegetation IV 1.14 0.02 -- 1.16 Urban/developed land IV 0.39 -- 0.01 0.40 TOTAL 4.93 2.22 0.15 7.30

7.1.1.2 Access Road

The access road impact footprint used for this analysis, includes all proposed grading, plus an approximately 5-foot work area buffer to encompass all areas that could be impacted by construction activities. This report considers the entire access road work area to be permanently impacted. The proposed access road would be constructed on 2.37 acres, including 2.22 acres outside the BSRA and 0.15 acre inside the BSRA (see Tables 5 and 7). The access road would be paved and left in place to provide ongoing Water Authority access to the aqueducts in this area. Therefore, all impacts caused by construction of the access road would be considered permanent.

Sensitive vegetation communities that would be impacted by access road construction include Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, southern mixed chaparral, and revegetated habitat. Impacts to these sensitive vegetation communities would be considered significant and would require mitigation. Southern willow scrub occurs adjacent to the northern portion of the access road, but would be entirely avoided by construction. Eucalyptus/non-native vegetation, disturbed habitat, and ornamental vegetation are classified by the NCCP/HCP as Tier IV habitats/land cover types and impacts would not be considered significant.

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A patch of southern willow scrub occurs immediately adjacent to the northern portion of the access road but has been avoided through design. As a project design measure, silt and construction fencing would be installed at the outer edge of the impact footprint. These fences would clearly separate the construction area from the southern willow scrub and other sensitive vegetation communities. The Environmental Surveyor would monitor this area during construction to ensure no construction impacts occur to the southern willow scrub. 7.1.1.3 Staging Area

The proposed staging area south of Scripps Lake Drive is located on privately owned lands that would be leased by the Water Authority for temporary use. This location was selected because it supports primarily non-sensitive vegetation, is largely open, and has been recently used as a staging area for other projects. The off-site staging area footprint encompasses 7.17 acres, including several sensitive vegetation communities, revegetated habitat, and eucalyptus/non-native vegetation; however, the Water Authority does not propose to remove any shrubs or trees in the staging area and would not impact the sensitive vegetation communities or the revegetated habitat. The construction management office, equipment staging and storage, and materials processing would all be sited in previously cleared and compacted areas. Although this area depicted on Figures 6a and 6b includes Diegan coastal sage scrub and southern mixed chaparral vegetation, no impacts to sensitive vegetation communities would occur within the staging area. 7.1.2 Sensitive Plant Species

As described in Section 6.2.1, ashy spike-moss is common on undisturbed soils in coastal sage scrub and chaparral throughout San Diego County. Most of the soils within the ROW have been disturbed by pipeline installation and maintenance and are only marginally suitable to support this species. Direct impacts to ashy spike-moss would therefore be largely limited to areas of intact (undisturbed) Diegan coastal sage scrub outside the ROW. Such areas include the southern portion of the study area where the access road meets Scripps Lake Drive, and the northern portion of the study area, where a small area of temporary tunneling impacts would occur outside the ROW for Alternative 1 (impacts for Open Trench, Alternative 2 would remain entirely within the ROW). Given the widespread nature of this species within suitable habitat in San Diego County and the small area of impact to suitable habitat by the proposed project, the impact would not affect the sustainability of this species’ populations within the NCCP/HCP Plan area or the region as a whole. This impact would be less than significant, and no mitigation would be required.

Western dichondra has moderate potential to occur within undisturbed coastal sage scrub and chaparral in the study area, but only low potential to occur in disturbed phases of these vegetation communities and inside the ROW. The impact area is largely

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restricted to the ROW, with the exception of a small area in the southern portion of the study area where the access road meets Scripps Lake Drive, and the northern portion of the study area, where a small area of temporary tunneling impacts would occur outside the ROW for Alternative 1. Therefore, potential impacts to this species would be minimal and would not be expected to affect the sustainability of the western dichondra population in the NCCP/HCP Plan area. This impact would be less than significant, and no mitigation would be required.

San Diego County viguiera was only observed in revegetated habitat in the southern portion of the study area and has low potential to occur elsewhere. Impacts to this CNPS List 4.2 species would be limited to recently revegetated habitat and would not occur in intact habitats elsewhere in the study area. Therefore, these impacts are not expected to jeopardize the sustainability of the population in the NCCP/HCP Plan area. This impact would be less than significant, and no mitigation would be required. 7.1.3 Sensitive Wildlife Species 7.1.3.1 Belding’s Orange-throated Whiptail

Diegan coastal sage scrub and southern mixed chaparral with moderate potential to support Belding’s orange-throated whiptail would be impacted by both alternatives. Project design minimizes impacts to these vegetation communities to the extent feasible. With implementation of the species-specific conditions for coverage, such as minimizing the introduction of non-native ant species, impacts to this species would be less than significant.

7.1.3.2 Coastal California Gnatcatcher

The coastal California gnatcatcher was observed in several locations within the study area, including both within and outside the BSRA. The project would comply with the NCCP/HCP’s Conditions for Coverage for the gnatcatcher (Appendix B, Section 7.7.3).

The project was sited primarily within the Water Authority ROW to minimize encroachment into sensitive vegetation communities and the BSRA. Additionally, as discussed in Section 7.2 above, it would avoid or minimize impacts associated with drainage, toxics, lighting, noise, barriers, invasives, and brush management.

The project would comply with the NCCP/HCP’s Avian Breeding Season Policy, which requires vegetation clearing to occur outside the breeding season (February 15 to August 15). If construction occurs outside of the breeding season, no additional measures would be required. If construction activities must commence during the breeding season, nest surveys would be conducted within 300 feet of all proposed activities. If active nests are encountered, no construction may occur within a minimum distance of 100 feet of the nest until young have fledged. A greater setback (up to

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300 feet) may be required, as determined by the Environmental Surveyor, based on site conditions, phase of the nesting cycle, and other biological conditions.

a. Pipeline Improvements

Alternative 1: Tunneling

Alternative 1 would impact 2.67 acres of gnatcatcher occupied habitat (Table 8), which is composed of 1.68 acres of Diegan coastal sage scrub and 0.93 acre of disturbed Diegan coastal sage scrub. This impact would be considered a temporary impact and would occur outside the BSRA. Although much of the revegetated habitat may have been historically occupied by gnatcatchers, it is currently characterized by herbaceous annuals and is not expected to represent a functioning sage scrub habitat at the time of project implementation. Therefore, impacts to the revegetated habitat are not considered impacts to occupied gnatcatcher habitat.

Taking the project as a whole into consideration, including access road and staging area, implementation of Alternative 1 would impact 4.22 acres of gnatcatcher-occupied habitat, of which 2.67 acres would be considered a temporary impact (see Table 8).

TABLE 8 IMPACTS TO COASTAL CALIFORNIA GNATCATCHER OCCUPIED HABITAT: ALTERNATIVE 1 – TUNNELING (acres)

Pipeline Work Area - Access Road - Total Vegetation Community Temporary Impacts Permanent Impacts Impacts Diegan coastal sage scrub 1.75 1.34 3.09 Disturbed Diegan coastal sage scrub 0.92 0.21 1.13 TOTAL 2.67 1.55 4.22

Alternative 2: Open Trench

Alternative 2 would cause temporary impacts to 2.33 acres of gnatcatcher-occupied habitat (Table 9), which is composed of 1.60 acres of Diegan coastal sage scrub and 0.67 acre of disturbed Diegan coastal sage scrub. The entire impact would be considered a temporary impact outside the BSRA. As for Alternative 1, impacts to revegetated habitat are not considered impacts to occupied gnatcatcher habitat.

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TABLE 9 IMPACTS TO COASTAL CALIFORNIA GNATCATCHER OCCUPIED HABITAT: ALTERNATIVE 1 – OPEN TRENCH (acres)

Pipeline Work Area - Access Road - Total Vegetation Community Temporary Impacts Permanent Impacts Impacts Diegan coastal sage scrub 1.66 1.34 3.00 Disturbed Diegan coastal sage scrub 0.67 0.21 0.88 TOTAL 2.33 1.55 3.88

Taking the overall project as a whole into consideration, including access road and staging areas, implementation of Alternative 2 would impact 3.88 acres of gnatcatcher- occupied habitat, of which 2.33 acres would be considered a temporary impact (see Table 9).

b. Access Road

The proposed access road would cause direct, permanent impacts to 1.34 acres of Diegan coastal sage scrub and 0.21 acre of disturbed Diegan coastal sage scrub outside the BSRA. For purposes of this analysis, it is assumed that all impacted coastal sage scrub is occupied by the coastal California gnatcatcher (see Tables 8 and 9).

c. Staging Area

The proposed off-site staging area would not impact coastal California gnatcatcher, as no suitable habitat for this species is present within the footprint. If the off-site staging location is not used, all staging would occur within the pipeline work area, so no additional impacts would occur.

7.1.3.3 Southern California Rufous-Crowned Sparrow

Habitat occupied by the southern California rufous-crowned sparrow would be impacted by construction of the proposed access road, as well as by both project alternatives. In accordance with the Avian Breeding Season Policy, Section 6.4.2.1 of the NCCP/HCP (Water Authority 2010), all clearing and grubbing would occur outside the upland bird breeding season (February 15 to August 15).

If construction occurs outside of the NCCP/HCP-defined upland bird breeding season (February 15 to August 15), no additional measures would be required. If construction activities must commence during the upland bird breeding season, impacts would be minimized through adherence to the NCCP/HCP, which states that nest surveys will be conducted within 300 feet of all proposed activities. If active nests are encountered, no construction may occur within a minimum distance of 100 feet of the nest until young have fledged. A greater setback (up to 300 feet) may be required, as determined by the

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Environmental Surveyor, based on site conditions, phase of the nesting cycle, and other biological conditions.

Direct impacts to southern California rufous-crowned sparrow habitat would be offset with the proposed habitat-based mitigation for impacts to Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, and southern mixed chaparral, discussed above.

7.1.3.4 Migratory Birds and Raptors

Raptors (red-tailed hawk) and migratory birds were observed and have potential to nest and/or forage within the study area. If construction would occur during the avian breeding season (January 15 to July 31 for raptors; February 15 to August 15 for upland birds), a pre-construction survey would be conducted for active nests within 300 feet of the development area. If no nesting raptors are detected during the pre-grading survey, no impact would occur and thus no mitigation would be required. If nests or breeding activities are observed, an appropriate buffer area around the nesting site shall be determined and maintained until the young have fledged and are no longer dependent on the nest. 7.1.4 Jurisdictional Wetlands and Waters

The proposed project would avoid impacts to jurisdictional wetlands and waters (Figure 7). As a result, no additional water agency permitting and/or mitigation would be required. 7.1.5 Habitat Linkages and Wildlife Corridors

As previously detailed, the study area is not within a regional wildlife corridor or Core Habitat Linkage; however, it likely does function as a local corridor. The study area is constrained as a major corridor for wildlife species due to surrounding urban development. During construction activities, construction activities may temporarily interfere with the local movement of small wildlife species; however, it is expected that the majority of wildlife species would be able to avoid these temporary impediments. The pipeline improvements area would be restored following project implementation. The access road would not significantly interfere with wildlife movement following construction, as maintenance vehicles would only use this road bi-weekly. Overall, the project would not inhibit species movement or dispersal. Impacts would be less than significant. 7.2 Indirect Impacts

As mentioned above, secondary effects of a project include runoff, lighting, noise, fugitive dust, unauthorized human intrusion, invasive species, and habitat fragmentation. The following is a project analysis of these potential indirect impacts.

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7.2.1 Drainage, Toxics, and Runoff

Toxic runoff from construction projects has the potential to pollute and degrade downstream waterways. The project would not introduce any toxic runoff into habitat outside the study area. The proposed project would implement Best Management Practices (BMPs), including appropriate erosion control measures to prevent any impacts with drainage, toxics, and runoffs. In addition, the water that would be conveyed by the improved pipeline would be fully enclosed.

No impacts from toxic drainage and runoff are expected to occur to the jurisdictional wetlands and waters, and no mitigation would be required. 7.2.2 Lighting

The majority of construction activities would occur during the day; however, when Pipeline 4 is shut down, construction would need to occur 24 hours a day for approximately 10 days. During this period, lighting would be of the lowest illumination that would ensure safety of construction personnel, and would be shielded and directed away from the adjacent undeveloped areas, including the BSRA. Should this temporary lighting be used, measures implemented to minimize disturbance from construction noise (e.g., construction setbacks from active nests) are anticipated to also mitigate for potential impacts from lighting. 7.2.3 Construction Noise

Construction noise has potential to adversely affect avian species. The project site supports two NCCP/HCP covered species (coastal California gnatcatcher and southern California rufous-crowned sparrow) and raptors. These species could be indirectly impacted by construction noise. For non-sensitive species, this impact would be considered less than significant; however, noise has potential to significantly affect covered species.

As discussed in Section 5.5.2 of this report the Water Authority would implement the species-specific conditions for covered species. If construction would commence during the upland avian breeding season, a pre-construction nesting bird survey would be conducted within 300 feet of all proposed activities. No construction would occur within a minimum distance of 100 feet of an active coastal California gnatcatcher or southern California rufous-crowned sparrow nest, if present, until young have fledged. A greater setback (up to 300 feet) may be required, as determined by the Environmental Surveyor, based on site conditions, phase of the nesting cycle, and other biological conditions.

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Biological Technical Report for the Nob Hill Pipeline Improvements Project

If construction begins outside the breeding season and continues uninterrupted into the breeding season, avian species could potentially move into and nest within noise- impacted areas. Construction noise, which would be a pre-existing condition prior to establishment of the nest, has potential to negatively affect nesting activity and cause nest abandonment or failure. As mentioned above, if nesting birds are detected, no construction would occur within a minimum distance of 100 feet of an active coastal California gnatcatcher or southern California rufous-crowned sparrow nest, if present, until young have fledged. 7.2.4 Fugitive Dust

When construction activities result in clearing or removal of vegetation, the exposed soil has potential to be released as dust. Fugitive dust can land on and cover surrounding plants, reducing their ability to photosynthesize, and in turn lower the vegetation’s productivity and reduce the habitat quality. Implementation of general BMPs, including use of a water truck to moisten exposed soil, would prevent significant impacts associated with fugitive dust. 7.2.5 Unauthorized Access and Barriers

Many construction projects lead to an increase in unauthorized human access to the surrounding habitat, following project completion. This result is an increase in vegetation trampling and trash and debris within the habitat.

At present, public access to habitat in the BSRA is not restricted from Scripps Lake Drive in the south, and it is only slightly restricted from the Miro/Ravel and Scripps Nob Hill developments in the north. Temporary construction in the pipeline improvement area would take place on primarily previously disturbed areas between the existing Scripps Nob Hill and Miro/Ravel residential developments. Access to this area is, and would remain, gated. Work in this area would not increase unauthorized access to the surrounding habitats. Per Section 6.4.1.3 of the NCCP/HCP, all construction personnel would participate in a training program at the start of the project to educate them on how to avoid or minimize direct and impacts to the surrounding habitat.

The proposed access road would be gated at both Scripps Lake Drive and the entrance to the Scripps Nob Hill residential development, and access to the road would be restricted to Water Authority personnel and their contractors. The restricted use of the access road is anticipated to minimize the unauthorized access to the adjacent BSRA.

The off-site staging area occurs in an area that has been previously graded and disturbed, and that supports primarily non-native vegetation communities. Unauthorized pedestrian access to this area is currently largely unrestricted, although there is a chain barrier to prevent vehicular access. The existing chain barrier, or a more substantial gate would be used to prevent additional unauthorized access.

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Impacts from unauthorized human access to the surrounding habitat, including the BSRA, during and after construction, would not be significant. 7.2.6 Invasive Species

No invasive non-native plant species shall be introduced into areas in or adjacent to the BSRA. The NCCP/HCP requires reseeding of temporarily impacted areas with a native seed mix. Therefore, potential impacts related to invasive plant species would be less than significant and mitigation would not be required.

Invasive ant species, such as Argentine ants and fire ants, are known to displace native ants and termites, which are the primary food sources of the coast horned lizard (Phrynosoma coronatum blainvillii) and Belding’s orange-throated whiptail, respectively. Argentine ants are already present in the study area (see Attachment 4). Introduction of invasive fire ants could occur if infested plants were installed within the project site.

The Water Authority does not propose installation of any landscaping plants, and restoration of temporarily impacted areas would be by seeding. Therefore, no invasive ant species would be introduced to the study area or surrounding habitat by the proposed project, and no impact would occur. 7.2.7 Habitat Fragmentation

Construction projects have potential to fragment habitat areas, placing areas of urbanized development between natural areas, isolating otherwise intact segments of habitat. The development isolating the fragments can serve to prevent wildlife movement and reduce dispersal between the fragments, resulting in lower native species diversity. The proposed project would not create any substantial barriers to movement or dispersal through the surrounding habitat. Most of the project site has been previously disturbed. Furthermore, in accordance with the NCCP/HCP, the pipeline improvement work area would be restored following project implementation. The only permanent impact area, the access road, would only be used infrequently, and would not inhibit species movement or dispersal. Therefore impacts associated with habitat fragmentation would be less than significant, and mitigation would not be required. 7.2.8 Brush Management

Many construction projects require vegetation thinning or clearing to reduce or remove brush material around adjacent to new flammable structures. The proposed project does not include any new flammable structures, so no there would be no required brush management. Therefore, no additional impacts from brush management would occur.

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7.2.9 Grading/Land Development

The proposed access road would include manufactured slopes within the current extent of the BSRA. These slopes would be permanently impacted. Required mitigation for these impacts have been included in the access road analysis. 8.0 Mitigation Measures

In accordance with Section 6.4.1.2 of the NCCP/HCP, an Environmental Surveyor would conduct a survey the area for sensitive biological resources and complete a Pre-activity Survey Form (PSF) within 30 days prior to initiation of the proposed project. Additionally, the mitigation measures below would be implemented to avoid or minimize project impacts. 8.1 Vegetation Communities

Required mitigation acreage under each alternative for temporary and permanent impacts to sensitive vegetation communities are detailed in Table 10 (Alternative 1, Tunneling) and Table 11 (Alternative 2, Open Trench). In accordance with Water Authority procedure and NCCP/HCP, temporary impacts occurring to coastal sage scrub within portions of the ROW not previously mitigated off-site at an HMA or approved conservation/mitigation bank, require mitigation at a 2:1 ratio, consisting of 1:1 on-site restoration and 1:1 off-site mitigation. Areas disturbed by the Pipeline 3 and 4 Relining Project (revegetated habitat) will be mitigated at a 1:1 ratio via on-site restoration because mitigation was previously debited from the Crestridge HMA.

Revegetated habitat will be mitigated with Diegan coastal sage scrub. This is appropriate because coastal sage scrub is the primary vegetation community surrounding the areas of revegetated habitat. According to the vegetation mapping from the biological technical report for the Pipelines 3 and 4 Relining Project (Helix 2010), the revegetated areas primarily supported Diegan coastal sage scrub prior to implementation of that project, although a small area of chaparral (not impacted by the proposed project). Therefore, temporary impacts to revegetated habitat would be mitigated with revegetation of the impacted area at a 1:1 ratio. Permanent impacts to revegetated habitat would be mitigated with acquisition of coastal sage scrub credits at a Water Authority HMA, other wildlife agency-approved mitigation bank, or through acquisition/protection of a qualifying habitat area.

Page 55 TABLE 10 MITIGATION FOR IMPACTS TO SENSITIVE VEGETATION COMMUNITIES: ALTERNATIVE 1 – TUNNELING AND ACCESS ROAD (acres)

Temporary Impacts Permanent Impacts Vegetation Communities/ Mitigation On-site Off-site Outside Mitigation Within Mitigation Off-site 1 2 2 Land Cover Types Tier Impact Ratio Restoration Mitigation BSRA Ratio BSRA Ratio Mitigation Diegan coastal sage scrub II 1.75 2:1 1.75 1.75 1.32 1:1 0.02 1.5:1 1.35 Disturbed Diegan coastal sage scrub II 0.92 2:1 0.92 0.92 0.18 1:1 0.03 1.5:1 0.225 Revegetated habitat II 0.68 1:1 0.68 - 0.29 1:1 0.01 1.5:1 0.305 Southern mixed chaparral III - - - - 0.5:1 0.04 1:1 0.04 TOTAL 3.35 3.35 2.67 1.79 0.10 1.92 Total On-site Restoration 3.35 Total Off-site Mitigation 4.59 1Impacts to revegetated habitat would be mitigated with coastal sage scrub. 2The mitigation site would be an NCCP/HCP Habitat Management Area, which is a BSRA.

TABLE 11 MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES: ALTERNATIVE 2 – OPEN TRENCH AND ACCESS ROAD (acres)

Temporary Impacts Permanent Impacts Vegetation Communities/ Mitigation On-site Off-site Outside Mitigation Within Mitigation Off-site 1 2 2 Land Cover Types Tier Impact Ratio Restoration Mitigation BSRA Ratio BSRA Ratio1 Mitigation Diegan coastal sage scrub II 1.66 2:1 1.66 1.66 1.32 1:1 0.02 1.5:1 1.35 Disturbed Diegan coastal sage scrub II 0.67 2:1 0.67 0.67 0.18 1:1 0.03 1.5:1 0.225 Revegetated habitat II 0.60 1:1 0.60 - 0.29 1:1 0.01 1.5:1 0.305 Southern mixed chaparral III - - - - - 0.5:1 0.04 1:1 0.04 TOTAL 2.93 2.93 2.33 1.79 0.10 1.92 Total On-site Restoration 2.93 Total Off-site Mitigation 4.25 1Impacts to revegetated habitat would be mitigated with coastal sage scrub. 2The mitigation site would be an NCCP/HCP Habitat Management Area, which is a BSRA.

Biological Technical Report for the Nob Hill Pipeline Improvements Project

MM-BIO-1: In accordance with Water Authority procedure and NCCP/HCP, temporary impacts occurring to coastal sage scrub within portions of the ROW not previously mitigated off-site at a habitat management area (HMA) or approved conservation/mitigation bank, require mitigation at a 2:1 ratio, consisting of 1:1 on-site restoration and 1:1 off-site mitigation. Areas disturbed by the previous Pipeline 3 and 4 Relining Project (i.e., revegetated habitat) will be mitigated at a 1:1 ratio via on-site restoration because mitigation was previously debited from the Crestridge HMA.

On-site restoration requirements shall be fulfilled through the preparation of a restoration plan in conformance with Section 6.6 of the NCCP/HCP, with performance criteria and monitoring methods developed in consultation with the Wildlife Agencies. Impacts to Diegan coastal sage scrub, disturbed coastal sage scrub, and revegetated habitat will be mitigated with Diegan coastal sage scrub.

Off-site mitigation requirements for the pipeline improvements shall be fulfilled through use of credits at either, or both, the Crestridge HMA and the San Miguel Conservation Bank, or other wildlife agency approved habitat management area.

MM-BIO-2: Permanent impacts shall be mitigated in accordance with the mitigation ratios identified in the Water Authority’s NCCP/HCP. Off-site mitigation requirements for the access road shall be fulfilled at either, or both, the Crestridge HMA and the San Miguel Conservation Bank, or other wildlife agency approved habitat management area. 8.2 Sensitive Species

Temporary and permanent impacts to occupied coastal California gnatcatcher and southern California rufous-crowned sparrow habitat (Diegan coastal sage scrub) within the pipeline improvements area and access road area would be significant and would require mitigation. Implementation of MM-BIO-1 and MM-BIO-2 (previously detailed) would reduce impacts to occupied habitat to a level of less than significant. 9.0 Conformance with NCCP/HCP

Section 6.3 of the Water Authority NCCP/HCP provides eight key items that must be addressed for every covered activity, which includes the project. These items are addressed as follows:

1. New construction or O&M Activities (covered activities) that has the potential to impact habitats that may support covered species will be required to assess the potential impacts and propose avoidance, minimization and mitigation measures.

Potential impacts and avoidance/minimization measures are detailed under the first threshold. The project has been designed to avoid the adjacent jurisdictional

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wetlands and waters of the U.S. and state. Measures to avoid impacts to covered species would be implemented, as described in Appendix B of the NCCP/HCP, are planned as part of the proposed project (see Section 2.5 of the Project Description).

2. A PSF will be completed for each covered activity that has the potential to impact habitat that may support covered species.

In accordance with Section 6.4.1.2 of the NCCP/HCP, an Environmental Surveyor would be required to survey the study area for sensitive biological resources and to complete a PSF within 30 days prior to initiation of the project.

3. The PSF (and any associated CEQA document) will identify whether the covered activity is within a BSRA and why (or why not) the project site qualifies as a BSRA.

As discussed under Threshold 1, portions of the proposed access road are outside of the Water Authority ROW and within the BSRA. The pipeline improvement work areas and the staging area do not lie within a BSRA. Tables 10 and 11 provide a summary of impacts from the access road that would occur both within the ROW and outside the ROW. Of those, 0.10 acre would be permanent and occur outside the ROW and within a BSRA.

4. The proposed mitigation measures will comply with the BSRA determination and apply the appropriate mitigation ratios as specified in the NCCP/HCP.

All measures proposed for impacts within the BSRA comply with the BSRA determination. Permanent impacts to Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, and revegetated habitat within the BSRA would be mitigated at a 1.5:1 ratio; and southern mixed chaparral would be mitigated at a 1:1 ratio. All other permanent impacts would occur outside the BSRA (or within the Water Authority ROW) and would be accounted accordingly. Additionally, areas temporary disturbed during construction have been planned for habitat restoration at a ratio of 2:1 (or 1:1 for revegetated habitat from the Water Authority’s Pipeline 3 and 4 Relining Project) in order to restore site conditions.

5. The covered activity will comply with the NCCP/HCP’s breeding bird season avoidance restrictions and narrow endemic species conservation and vernal pool policies.

Section 3.3.1 identifies conservation policies, including the NCCP/HCP’s General Conditions for Coverage, Narrow Endemic Policy, Vernal Pool Protection Policy, Avian Breeding Season Policy, Buffers, and Biologically Superior Alternative. Of these, policies related to narrow endemics, vernal pools, and alternatives would

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not apply to the proposed project. No vernal pools or NCCP/HCP narrow endemic species were observed or are expected to occur within the study area. The project has been designed to be in conformance with the NCCP/HCP. The project has been sited primarily within the Water Authority’s ROW and the project footprint has been designed to avoid sensitive resources where feasible. Numerous measures from the NCCP/HCP, along with BMPs for water quality and other protections, have been incorporated into the project design and construction schedule (see Section 2.5 of the Project Description). All vegetation clearing is proposed outside the bird breeding season, to the degree feasible. If clearing must occur during the breeding season, impacts would be minimized through additional measures outlined in the NCCP/HCP, such as conducting nest surveys within 300 feet of all proposed activities and maintaining a minimum distance of 100 feet of nests until young have fledged.

6. All personnel involved in the on-site project implementation will be required to participate in a pre-construction training program to understand the avoidance, minimization, and mitigation obligations of the project.

Per Section 6.4.1.3 of the NCCP/HCP, and as described in Chapter 2, Project Description, all construction personnel would participate in a training program at the start of the project to educate them on how to avoid or minimize direct and impacts to the surrounding habitat.

7. The mitigation/conservation is consistent with the species-specific requirements in Appendix B of the NCCP/HCP.

The project would incorporate all species-specific requirements identified in Appendix B of the NCCP/HCP for the two covered species identified within the study area (coastal California gnatcatcher and southern California rufous- crowned sparrow), as well as potentially occurring covered species (Belding’s orange-throated whiptail).

8. Any off-site mitigation is secured by obtaining credits from the approved Habitat Management Areas (HMAs), from approved conservation or mitigation banks with the NCCP/HCP Plan Area, by acquiring additional suitable habitat for the covered species and adding that habitat to the Preserve Area, or by providing a biologically superior alternative mitigation with the concurrence of the wildlife agencies.

Mitigation for permanent impacts to sensitive vegetation communities would be achieved through acquisition of credits at a Water Authority HMA, other wildlife agency approved mitigation bank, or through acquisition/protection of a qualifying habitat area.

Page 59 Biological Technical Report for the Nob Hill Pipeline Improvements Project

In addition to the measures described above, the project would also comply with the NCCP/HCP measures detailed in Attachment 5. These include a number of standard minimization and protection measures, as well as general and species-specific conditions for coverage and the requirement for a restoration plan to offset temporary impacts. 10.0 References Cited

Atwood, J. L. and D. R. Bontrager 2001 California Gnatcatcher (Polioptila californica). In The Birds of North America, No. 574 (A. Poole and F. Gill, eds.). The Birds of North America, Inc., Philadelphia, PA.

American Ornithologists’ Union 1998 Check-list of North American Birds. 7th ed. Washington, D.C.

Baker, R. J., L. C. Bradley, R. D. Bradley, J. W. Dragoo, M. D. Engstrom, R. S. Hoffmann, C. Jones, C. A. Jones, F. Reid, D. W. Rice 2003 Revised Checklist of North American Mammals North of Mexico. Occasional Papers, Museum of Texas Tech University No. 229. December.

Bakker, Jasmine 2013 Personal communication with Brian Parker, RECON. December 5. Helix Environmental Planning, Biologist.

Bostic, D. L. 1966 Food and Feeding Behavior of the Lizard, Cnemidophorus hyperythrus beldingi. Southwest Naturalist 11: 275-289.

Brenzel, K. N. (editor) 2001 Sunset Western Garden Book. Sunset Publishing Corporation, Menlo Park, CA.

California Native Plant Society (CNPS) 2013a Inventory of Rare and Endangered Plants (online edition, v8-01a). California Native Plant Society. Sacramento, CA. Accessed on January 22, 2013. http://www.rareplants.cnps.org/.

2013b The California Rare Plant Ranking System. Accessed on October 29, 2013. http://www.cnps.org/cnps/rareplants/ranking.php.

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California, State of 1991 Fish and Game Code of California.

2011 Special Animals. Natural Diversity Database. Department of Fish and Game. July.

2013a California Natural Diversity Database: Electronic Database with Annual Updates. Wildlife & Habitat Data Analysis Branch, Department of Fish and Game.

2013b State and Federally Listed Endangered and Threatened Animals of California. Natural Diversity Database. Department of Fish and Game. January.

2013c State and Federally Listed Endangered, Threatened, and Rare Plants of California. Natural Diversity Database. Department of Fish and Game. July.

2013d Special Vascular Plants, Bryophytes, and Lichens List. Natural Diversity Database. Department of Fish and Game. July.

Collins, Paul W. 1999 Rufous-crowned Sparrow. In The Birds of North America, no.472.

Crother, B. I., ed. 2008 Scientific and Standard English Names of Amphibians and Reptiles of North America North of Mexico, with Comments Regarding Confidence in Our Understanding, Sixth Edition. Society for the Study of Amphibians and Reptiles Herpetological Circular NO. 37.

Hall, E. R. 1981 The Mammals of North America. 2d ed. 2 vols. John Wiley & Sons, New York.

Helix Environmental Planning, Inc. (Helix) 2010 R0274 Relining Pipeline 4 State Route 52 to Lake Murray and Pipeline 3 30-inch Interconnect to Lake Murray Control Valve. October 8. Available at: http://www.sdcwa.org/sites/default/files/files/environmental-docs/pipeline3-4- mt-lakemurray/AppenA-BiologicalTechnicalReport.pdf.

Hickman, J. C. (editor) 1993 The Jepson Manual: Higher Plants of California. University of California Press, Berkeley and Los Angeles.

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Holland, R. F. 1986 Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, California Department of Fish and Game. October.

Jennings, M. R., and M. P. Hayes 1994 Amphibian and Reptile Species of Special Concern in California. Final report submitted to the California Department of Fish and Game, Inland Fisheries Division, Rancho Cordova, CA. Contract number 8023.

Jepson Flora Project 2012 Jepson Online Interchange for California Floristics. University and Jepson Herbaria, University of California, Berkeley. http://ucjeps.berkeley.edu/ interchange.html.

Lemm, J. M. 2006 Field guide to amphibians and reptiles of the San Diego Region. University of California Press.

Mattoni, R. 1990 Butterflies of Greater Los Angeles. The Center for the Conservation of Biodiversity/Lepidoptera Research Foundation, Inc. Beverly Hills, CA.

Milne, L., and M. Milne 1980 The Audubon Society Field Guide to North American Insects and Spiders. New York: Alfred A. Knopf, Inc.

McGurty, B. M. 1980 Preliminary Review of the Status of the San Diego Horned Lizard, Phrynosoma coronatum blainvillei, and the Orange-throated Whiptail, Cnemidophorus hyperythrus beldingi. Report for the California Department of Fish and Game, Inland Fisheries Division, Rancho Cordova, California, under Contract.

Opler, P. A. and A. B. Wright 1999 A Field Guide to Western Butterflies. Peterson Field Guide Series. Houghton Mifflin, Boston.

RECON 2012 Scripps Ranch Pump Station - Biological Resource Survey Letter (PTS Number 273683; RECON Number 6215). August 22.

Reiser, C. H. 2001 Rare Plants of San Diego County. Aquafir Press. Imperial Beach, California.

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San Diego, City of 1978 Scripps Miramar Ranch Community Plan. Adopted June 8.

1997 City of San Diego Multiple Species Conservation Program Subarea Plan. March.

San Diego County Water Authority 2010 San Diego County Water Authority Subregional Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). October.

Stebbins, R. C. 2003 A Field Guide to Western Reptiles and Amphibians. 3rd ed., revised. Houghton Mifflin, Boston, Massachusetts.

Suarez, A. V., D. T. Bolger, and T. J. Case 1998 Effects of fragmentation and invasion on native ant communities in coastal southern California. Ecology 79:2041-2056.

Unitt, P. A. 2004 San Diego County Bird Atlas. San Diego Natural History Museum. Ibis Publishing Company. San Diego, California. October.

U.S. Army Corps of Engineers (USACE) 1987 Corps of Engineers Wetlands Delineation Manual. Wetlands Research Program, Technical Report Y-87-1. Department of the Army, Washington, D.C.

2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). Prepared by U.S. Army Engineer Research and Development Center. September.

U.S. Department of Agriculture 1973 Soil Survey, San Diego Area, California. Edited by R. H. Bowman. Soil Conservation Service and Forest Service. December.

U.S. Fish and Wildlife Service (USFWS). 2005 Year 2005 Quino Survey Areas. Map dated December 20.

Wetland Training Institute, Inc. 2001 Field Guide for Wetland Delineation: 1987 Corps of Engineers Manual. Glenwood, NM. WTI 01-2. 143 pp.

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Wolf, L. L. 1977 Species relationships in the Avian Genus Aimophila. Ornithol. Monogr. 23 and Supplement.

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ATTACHMENTS

Biological Technical Report for the Nob Hill Pipeline Improvements Project

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Biological Technical Report for the Nob Hill Pipeline Improvements Project

ATTACHMENT 1 Plant Species Observed Within the Nob Hill Pipeline Improvements Project Study Area

Biological Technical Report for the Nob Hill Pipeline Improvements Project

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ATTACHMENT 1 PLANT SPECIES OBSERVED WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA

Scientific Name Common Name Habitat Origin LYCOPODS SELAGINELLACEAE SPIKE-MOSS FAMILY Selaginella cinerascens A.A. Eaton ashy spike-moss DCSS N Selaginella bigelovii L. Underw. Bigelow spike-moss DCSS N FERNS PTERIDACEAE BRAKE FAMILY Pentagramma triangularis (Kaulf.) Yatsk. Windham & E. Wollenw. goldback fern CSCS N GYMNOSPERMS PINACEAE PINE FAMILY Pinus halapensis Miller Aleppo pine DCSS I ANGIOSPERMS: MONOCOTS AGAVACEAE AGAVE FAMILY Agave americana L. century plant ORN I ARECACEAE PALM FAMILY Washingtonia robusta H. Wendl. Washington fan palm EW I CYPERACEAE SEDGE FAMILY Eleocharis macrostachya Britton pale spike-rush FWM N Schoenoplectus [=Scirpus] americanus (Pers.) Volkart ex Schinz & three-square FWM N R. Keller POACEAE (GRAMINEAE) GRASS FAMILY Avena sp. wild oats DCSS I Bromus madritensis L. ssp. rubens (L.) Husnot red brome SMC, EW I Cortaderia sp. pampas grass SWS, ORN I Cortaderia selloana (Schult. & Schult. f.) Asch. & Graebn. pampas grass EW I Leymus condensatus (C. Presl) Á. Löve giant rye grass DCSS N Stipa pulchra (Hitchc.) Barkworth purple needlegrass RH N Pennisetum setaceum (Forssk.) Chiov. fountain grass DCSS, EW, NNV, I ORN TYPHACEAE CATTAIL FAMILY Typha latifolia L. broad-leaved cattail FWM N

ATTACHMENT 1 PLANT SPECIES OBSERVED WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Scientific Name Common Name Habitat Origin ANGIOSPERMS: DICOTS AIZOACEAE FIG-MARIGOLD FAMILY Aptenia cordifolia (L. f.) Schwantes baby sun rose ORN I ANACARDIACEAE SUMAC OR CASHEW FAMILY Malosma laurina Nutt. ex Abrams laurel sumac DCSS, CSCS N Rhus integrifolia (Nutt.) Benth. & Hook. f. ex Rothr. lemonadeberry DCSS, CSCS, N SMC, EW Schinus molle L. Peruvian pepper tree DCSS, EW I APIACEAE (UMBELLIFERAE) CARROT FAMILY Apiastrum angustifolium Nutt. wild-celery DCSS N Conium maculatum L. poison hemlock DCSS I Foeniculum vulgare Mill. fennel DCSS, DH, NNV I APOCYNACEAE DOGBANE FAMILY Nerium oleander L. oleander ORN I ASTERACEAE SUNFLOWER FAMILY Artemisia californica Less. California sagebrush DCSS, CSCS, EW, N ORN Baccharis sarothroides A. Gray broom baccharis DCSS, EW, DH, N ORN Bahiopsis [=Viguiera] laciniata (A. Gray) E.E. Schilling & Panero San Diego County viguiera RH N Carduus pycnocephalus L. Italian thistle DCSS, DH I Centaurea melitensis L. tocalote, star-thistle DCSS, SMC, DH I Corethrogyne filaginifolia [= all previously known Lessingia filaginifolia California-aster DH N varieties in California] (Hook. & Arn.) Nutt. Deinandra [=Hemizonia] fasciculata (DC.) Greene golden tarplant DCSS N Encelia californica Nutt. common encelia DCSS, DH N Eriophyllum confertiflorum (DC.) A. Gray var. confertiflorum golden-yarrow DCSS N Gnaphalium californicum DC. green everlasting DCSS N Hazardia squarrosa (Hook. & Arn.) Greene saw-toothed goldenbush CSCS N Isocoma menziesii (Hook. & Arn.) G.L. Nesom coast goldenbush DCSS N Senecio vulgaris L. common groundsel DH I Sonchus oleraceus L. common sow thistle DCSS, NNV I

ATTACHMENT 1 PLANT SPECIES OBSERVED WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Scientific Name Common Name Habitat Origin BORAGINACEAE BORAGE FAMILY Eriodictyon crassifolium Benth. felt-leaved yerba santa DCSS N BRASSICACEAE (CRUCIFERAE) MUSTARD FAMILY Hirschfeldia incana (L.) Lagr.-Fossat short-pod mustard DCSS, RH, DH, I ORN Lepidium nitidum Nutt. var. nitidum shining peppergrass SMC N Sisymbrium irio L. London rocket DH I CHENOPODIACEAE GOOSEFOOT FAMILY Salsola tragus L. Russian thistle, tumbleweed DH I CRASSULACEAE STONECROP FAMILY Crassula connata (Ruiz & Pav.) A. Berger pygmy-weed DCSS N Crassula ovata (Mill.) Druce jade plant ORN I CUCURBITACEAE GOURD FAMILY Marah macrocarpus (Greene) Greene wild cucumber DCSS, SMC N ERICACEAE HEATH FAMILY Xylococcus bicolor Nutt. mission manzanita DCSS, CSCS N EUPHORBIACEAE SPURGE FAMILY Ricinus communis L. castor bean DCSS I FABACEAE (LEGUMINOSAE) LEGUME FAMILY Acacia melanoxylon Brown. black wattle ORN I Acmispon glaber (Vogel) Brouillet [=Lotus scoparius] deerweed N Lupinus succulentus K. Koch arroyo lupine RH N Medicago polymorpha L. California bur clover DCSS, DH I Melilotus indicus (L.) All. sourclover DCSS I GERANIACEAE GERANIUM FAMILY Erodium cicutarium (L.) L’Hér. ex Aiton red stemmed filaree DCSS, RH, DH I GROSSULARIACEAE GOOSEBERRY FAMILY Ribes indecorum Eastw. white flowering currant N IRIDACEAE IRIS FAMILY Sisyrinchium bellum S. Watson blue-eyed-grass RH N

ATTACHMENT 1 PLANT SPECIES OBSERVED WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Scientific Name Common Name Habitat Origin

LAMIACEAE MINT FAMILY Salvia mellifera Greene black sage DCSS, CSCS, N SMC MYOPORACEAE MYOPORUM FAMILY Myoporum parvifolium R. Br. slender myoporum SWS, ORN I MYRTACEAE MYRTLE FAMILY Eucalyptus camaldulensis Denh. red gum, river red gum SMC, EW, DH I NYCTAGINACEAE FOUR O’CLOCK FAMILY Mirabilis laevis [=californica] (Benth.) Curran var. crassifolia (Choisy) wishbone bush DCSS N Spellenb. OXALIDACEAE OXALIS FAMILY Oxalis pes-caprae L. Bermuda buttercup EW I PAPAVERACEAE POPPY FAMILY Eschscholzia californica Cham. California poppy RH N PHRYMACEAE [=SCROPHULARIACEAE] HOPSEED FAMILY Mimulus aurantiacus Curtis low bush monkey-flower DCSS, CSCS N PLANTAGINACEAE PLANTAIN FAMILY Plantago erecta E. Morris dot-seed plantain DCSS N POLYGONACEAE BUCKWHEAT FAMILY Eriogonum fasciculatum Benth. var. fasciculatum coast California buckwheat DCSS N RHAMNACEAE BUCKTHORN FAMILY Rhamnus crocea Nutt. spiny redberry DCSS, CSCS N ROSACEAE ROSE FAMILY Adenostoma fasciculatum Hook. & Arn. chamise SMC N Heteromeles arbutifolia (Lindl.) M. Roem. toyon, Christmas berry CSCS, DH N Rhaphiolepis indica Lindl. Indian Hawthorn ORN I

RUBIACEAE MADDER OR COFFEE FAMILY Galium angustifolium A. Gray ssp. angustifolium narrow-leaf bedstraw CSCS N

ATTACHMENT 1 PLANT SPECIES OBSERVED WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Scientific Name Common Name Habitat Origin RUTACEAE RUE OR CITRUS FAMILY Cneoridium dumosum (Nutt. ex Torr. & A. Gray) Baill. bushrue DCSS, CSCS N SALICACEAE WILLOW FAMILY Salix lasiolepis Benth. arroyo willow SWS N SAPINDACEAE SOAPBERRY FAMILY Cupaniopsis anacardioides A. Rich. Carrotwood EW I SOLANACEAE NIGHTSHADE FAMILY Nicotiana glauca Graham tree tobacco DH I VERBENACEAE VERVAIN FAMILY Lantana camara L. lantana ORN I SOURCES: Hickman (1993); Jepson Online Interchange (2012); K.N. Brenzel (editor), Sunset Western Garden Book (Sunset Publishing, Menlo Park, CA, 2001).

HABITATS ORIGIN CSCS = Coastal sage-chaparral scrub N = Native to locality DCSS = Diegan coastal sage scrub (including disturbed) I = Introduced species from outside locality DH = Disturbed habitat EW = Eucalyptus/non-native vegetation FWM = Freshwater marsh ORN = Ornamental RH = Revegetated habitat SMC = Southern mixed chaparral (including disturbed) SWS = Southern willow scrub

Biological Technical Report for the Nob Hill Pipeline Improvements Project

ATTACHMENT 2 Wildlife Species Observed/Detected Within the Nob Hill Pipeline Improvements Project Study Area

Biological Technical Report for the Nob Hill Pipeline Improvements Project

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ATTACHMENT 2 WILDLIFE SPECIES OBSERVED/DETECTED WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA

Evidence of Scientific Name Common Name Occupied Habitat Occurrence

INVERTEBRATES (Nomenclature from Milne and Milne 1980; Mattoni 1990; and Opler and Wright 1999)

APIDAE BEE Apis mellifera honey bee DCSS O

FORMICIDAE ANTS Linepithema humile Argentine ant DH O

REPTILES (Nomenclature from Crother 2008)

IGUANIDAE IGUANID LIZARDS Sceloporus occidentalis western fence lizard DCSS, DH O BIRDS (Nomenclature from American Ornithologists’ Union 1998 and Unitt 2004)

ANATIDAE DUCKS, GEESE, & SWANS Anas platyrhynchos platyrhynchos mallard OW O Aythya affinis lesser scaup OW O

COLUMBIDAE PIGEONS & DOVES Zenaida macroura marginella mourning dove DCSS, DEV V

ARDEIDAE HERONS & BITTERNS Egretta thula thula snowy egret SWS, OW O

ACCIPITRIDAE HAWKS, KITES, & EAGLES Buteo jamaicensis red-tailed hawk F O, V

RALLIDAE RAILS, GALLINULES, & COOTS Fulica americana americana American coot OW O

TROCHILIDAE HUMMINGBIRDS Calypte anna Anna’s hummingbird DCSS, SMC, ORN O, V

TYRANNIDAE TYRANT FLYCATCHERS Sayornis nigricans semiatra black phoebe DCSS, CSCS O, V Tyrannus vociferans vociferans Cassin’s kingbird O, V

CORVIDAE CROWS, JAYS, & MAGPIES Aphelocoma californica western scrub-jay DCSS V, O Corvus corax clarionensis common raven F O, V

ATTACHMENT 2 WILDLIFE SPECIES OBSERVED/DETECTED WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Evidence of Scientific Name Common Name Occupied Habitat Occurrence

AEGITHALIDAE BUSHTIT Psaltriparus minimus minimus bushtit DCSS, CSCS, SMC V

TROGLODYTIDAE WRENS Thryomanes bewickii Bewick’s wren DCSS V

SYLVIIDAE GNATCATCHERS Polioptila californica californica coastal California gnatcatcher DCSS V

TIMALIIDAE BABBLERS Chamaea fasciata henshawi wrentit DCSS, CSCS V

MIMIDAE MOCKINGBIRDS & THRASHERS Mimus polyglottos polyglottos northern mockingbird DCSS, CSCS, SMC V Toxostoma redivivum redivivum California thrasher DCSS V

PARULIDAE WOOD WARBLERS Dendroica coronata yellow-rumped warbler DCSS O

EMBERIZIDAE EMBERIZIDS Aimophila ruficeps canescens southern California rufous-crowned sparrow DCSS V Melospiza melodia song sparrow SMC, EW V Pipilo crissalis California towhee DCSS, CSCS, SMC O, V Pipilo maculatus spotted towhee SMC V Zonotrichia leucophrys white-crowned sparrow DCSS V MAMMALS (Nomenclature from Baker et al. 2003)

LEPORIDAE RABBITS & HARES Sylvilagus bachmani brush rabbit DCSS, CSCS O

MURIDAE OLD WORLD MICE & RATS (I) Neotoma fuscipes dusky-footed woodrat SMC B (I) = Introduced species

ATTACHMENT 2 WILDLIFE SPECIES OBSERVED/DETECTED WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

HABITATS EVIDENCE OF OCCURRENCE CSCS = Coastal sage-chaparral scrub B = Burrow DCSS = Diegan coastal sage scrub O = Observed DH = Disturbed habitat V = Vocalization EW = Eucalyptus/non-native vegetation F = Flying overhead FWM = Freshwater marsh ORN = Ornamental OW = Open freshwater (reservoirs, ponds, streams, lakes) SMC = Southern mixed chaparral SWS = Southern willow scrub

Biological Technical Report for the Nob Hill Pipeline Improvements Project

ATTACHMENT 3 Sensitive Plant Species Observed or with Potential to Occur within the Nob Hill Pipeline Improvements Project Study Area

Biological Technical Report for the Nob Hill Pipeline Improvements Project

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ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments

LYCOPODS SELAGINELLACEAE SPIKE-MOSS FAMILY Selaginella cinerascens –/– 4.1 – Rhizomatous herb; chaparral, Observed within intact coastal sage ashy spike-moss coastal scrub; fertile in scrub in the southern portion of the March; elevation 65–2,100 study area. Considered present at feet. low numbers in intact (non- disturbed) Diegan coastal sage scrub outside of the ROW, where soils have not been historically disturbed by pipeline installation and maintenance

ANGIOSPERMS: DICOTS ALLIACEAE ONION FAMILY Allium munzii FE/CT 1B.2 NE Perennial herb (bulbiferous); Not expected to occur within the Munz’s onion meadows and seeps, valley study area. This species is not and foothill grassland, heavy known to occur in San Diego clay soil; blooms Mar.–May; County. elevation 900-3,500 feet.

AMARANTHACEAE AMARANTH FAMILY Aphanisma blitoides –/– 1B.2 – Annual herb; coastal bluff Not expected to occur within the aphanisma scrub, coastal sage scrub; study area. This species is likely sandy soils; blooms March– extirpated from San Diego County June; elevation less than (Reiser 2001). 1,000 feet. ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments

APIACEAE CARROT FAMILY Eryngium aristulatum CE/FE 1B.1 NE, VP, Annual/perennial herb; vernal Not expected to occur within the var. parishii Covered pools, mesic areas of coastal study area. No vernal pool habitat is San Diego button-celery sage scrub and grasslands, present. blooms April–June; elevation less than 2,000 feet.

ASTERACEAE SUNFLOWER FAMILY Ambrosia pumila –/FE 1B.1 NE, Covered Perennial herb; chaparral, Low potential to occur in the study San Diego ambrosia coastal sage scrub, valley area. This is a moderate-sized and foothill grassland, creek species that would have likely been beds, vernal pools, often in detected on site if present. disturbed areas; blooms May–Sept.; elevation less than 1,400 feet. Many occurrences extirpated in San Diego County. Baccharis vanessae CE/FT 1B NE, Covered Deciduous shrub; chaparral; No potential to occur. Project site is Encinitas baccharis maritime, sandstone; blooms outside of the species known range. Aug.–Nov.; elevation less than 2,500 feet. Known from fewer than 20 occurrences. ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments Bahiopsis laciniata –/– 4.2 – Shrub; chaparral, coastal Observed within revegetated habitat San Diego County viguiera sage scrub; blooms Feb.– in the southern portion of the study June; elevation less than area. Not detected in Diegan coastal 2,500 feet. sage scrub or coastal sage- chaparral scrub on, which are suitable to support this species. Due to presence in revegetated habitat, occurrence within other vegetation communities is assumed. Deinandra [=Hemizonia] CE/FT 1B.1 NE, Covered Annual herb; coastal sage Not expected to occur. This species conjugens scrub, valley and foothill was not observed on site and Diablo Otay tarplant grassland, clay soils; blooms clay soil is not present. In addition, May–June, elevation less the study area is outside of the than 1,000 feet. known range of this species. Isocoma menziesii var. –/– 1B.2 – Shrub; chaparral, coastal Low potential for occurrence within decumbens sage scrub, sandy soils, often the study area; this species would decumbent goldenbush in disturbed areas; blooms have been apparent at the time of April–Nov.; elevation less the survey had it been present. than 500 feet. Iva hayesiana –/– 2.2 Covered Perennial herb; marshes and Low potential for occurrence within San Diego marsh-elder swamps, playas, riparian the study area; this species would areas; blooms April–Sept.; have been apparent at the time of elevation below 1,700 feet. the survey had it been present. ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments

BORAGINACEAE BORAGE FAMILY Harpagonella palmeri –/– 4.2 – Annual herb; occurs on clay Low potential. Suitable soils with Palmer’s grapplinghook soils in grassy openings in coastal sage scrub and chaparral chaparral, coastal sage are present; however, suitable scrub, and grassland; blooms grassy openings are scarce. March–May; elevation less than 2,800 feet. Inconspicuous and easily overlooked.

BRASSICACEAE (CRUCIFERAE) MUSTARD FAMILY Lepidium virginicum var. –/– 1B.2 – Annual herb; occurs on Low potential. Suitable openings in robinsonii exposed openings in the coastal sage scrub and Robinson’s peppergrass chaparral and coastal sage chaparral are scarce in the study scrub; blooms Jan.–July; area. Species not expected to occur elevation less than 2900 feet. in disturbed phases of these habitats. This species would have been in fruit during surveys and would likely have been apparent if present.

CACTACEAE CACTUS FAMILY Cylindropuntia californica –/– 1B.1 – Succulent shrub; chaparral, No potential to occur. This is a [=Opuntia californica coastal sage scrub; blooms conspicuous cactus that would have var. californica, O. parryi April–May; elevation 100–500 been detected if present. var. serpentina] feet. snake cholla ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments Ferocactus viridescens –/– 2.1 Covered Succulent perennial; No potential for occurrence within San Diego barrel cactus chaparral, coastal sage the project area. Although suitable scrub, valley and foothill habitat occurs in the study area, this grassland, vernal pools; is a conspicuous species that would blooms May–June; elevation have been observed if present. less than 1,500 feet.

CONVOLVULACEAE MORNING-GLORY FAMILY Dichondra occidentalis –/– 4.2 – Perennial herb; chaparral, Moderate potential. Suitable coastal western dichondra cismontane woodland, sage scrub and chaparral habitat is coastal sage scrub, valley present. This species typically grows and foothill grassland; blooms in the shaded understory of shrub Mar.–July; elevation less than species and may have been difficult 1,650 feet. to observe in areas with dense shrubs.

CRASSULACEAE STONECROP FAMILY Dudleya brevifolia [=D. CE/– 1B.1 – Perennial herb; southern No potential to occur. Project site is blochmaniae ssp. brevifolia] maritime chaparral, coastal outside of the species known range. short-leaved dudleya sage scrub on Torrey sandstone; blooms in April; elevation less than 1,000 feet. Known from fewer than five occurrences in the Del Mar and La Jolla areas of San Diego. ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments Dudleya variegata –/– 1B.2 NE, Covered Perennial herb; openings in Low potential to occur. Coastal sage variegated dudleya chaparral, coastal sage scrub is present; however, suitable scrub, grasslands, vernal openings with exposed rocky clay pools; blooms May–June; soil are scarce within the study area. elevation less than 2,000 feet.

FABACEAE LEGUME FAMILY Astragalus tener var. titi CE/FE 1B.1 – Annual herb; coastal bluff No potential to occur on site due to coastal dunes milk-vetch scrub, coastal dunes, sandy lack of suitable vegetation and soils. soils, mesic coastal prairie; blooms March–May; elevation less than 1,000 feet.

FAGACEAE OAK FAMILY Quercus dumosa –/– 1B.1 Covered Evergreen shrub; closed- Low potential. Suitable coastal sage Nuttall’s scrub oak cone coniferous forest, scrub and chaparral habitat is coastal chaparral, coastal present. Scrub oaks are large sage scrub, sandy and clay shrubs and would have been loam soils; blooms Feb.– detected if present. March; elevation less than 1,300 feet. ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments

LAMIACEAE MINT FAMILY Acanthomintha ilicifolia CE/FT 1B.1 NE, Covered Annual herb; chaparral, Low potential to occur. Although San Diego thornmint coastal sage scrub, and clay soils are present within the grasslands on friable or study area (USDA 1973), no distinct broken clay soils; blooms clay lenses were detected during April–June; elevation less survey. In addition, the survey was than 3,100 feet. conducted during the species blooming period, so it likely would have been detected if present. Monardella hypoleuca ssp. –/– 1B.1 NE, Covered Perennial subshrub; mature Not expected to occur. The study lanata chamise chaparral, rocky, area does not support extensive felt-leaved monardella ridgelines, mountain tops; areas of chamise chaparral. This blooms June-Jul; elevation species would likely have been 900-5,000 feet. detected if present, as the survey occurred during bloom period. Monardella linoides CE/FE 1B.1 NE, Covered Perennial herb; closed-cone Not expected to occur. Suitable ssp. viminea [=M. viminea] coniferous forest, chaparral, sandy seasonal drainages are not willowy monardella coastal sage scrub, riparian present to support this species. scrub, riparian woodlands, sandy seasonal dry washes; blooms June–Aug; elevation 160–1,300 feet. Known in California from fewer than 15 locations. Pogogyne abramsii CE/FE 1B.1 NE, VP, Annual herb; vernal pools; Not expected to occur. Suitable San Diego mesa mint Covered blooms April–July; elevation vernal pool habitat is not present to 300–700 feet. support this species. ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments Pogogyne nudiuscula CE/FE 1B.1 NE, VP, Annual herb; vernal pools; Not expected to occur. Suitable Otay mesa mint Covered blooms May–July; elevation vernal pool habitat is not present to 300–800 feet. Known from support this species. six occurrences in Otay Mesa.

LILIACEAE LILY FAMILY Agave shawii –/– 2.1 – Succulent shrub; coastal bluff Not expected to occur. This Shaw’s agave scrub, coastal sage scrub, conspicuous species would likely maritime succulent scrub; have been detected if present. blooms Sept.–May; elevation less than 250 feet. Calochortus dunnii CR/– 1B.1 NE, Covered Perennial herb (bulbiferous); Low potential to occur. Suitable soils Dunn’s mariposa lily chaparral, grassland, are present, however, the study gabbroic soils; blooms May- area is outside of the known range June; elevation 3000-6000 and elevation range for this species. feet.

PLANTAGINACEAE PLANTAIN FAMILY Stemodia durantifolia –/– 2.1 – Perennial herb; wet sand No potential to occur. Suitable purple stemodia along minor creeks and sandy soiled minor creeks or seasonal drainages; blooms seasonal drainages are not present Jan–Dec; elevation 600– to support this species. 1,000 feet.

POACEAE GRASS FAMILY Orcuttia californica CE/FE 1B.1 – Annual herb; vernal pools; Not expected to occur. Suitable California Orcutt grass blooms April–August; vernal pool habitat is not present to elevation 50–2,200 feet. support this species. ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments

POLEMONIACEAE PHLOX FAMILY Navarretia fossalis –/FT 1B.1 NE, VP, Annual herb; vernal pools, Not expected to occur. Suitable Spreading navarretia Covered marshes and swamps, vernal pool habitat is not present to chenopod scrub; blooms support this species. April–June; elevation 100– 4,300 feet.

RHAMNACEAE BUCKTHORN FAMILY Adolphia californica –/– 2.1 Covered Deciduous shrub; coastal Low potential to occur. Suitable California adolphia sage scrub and chaparral; coastal sage scrub within clay soil is clay soils; blooms Dec.–May; present; however, this is a elevation 100–1,000 feet. conspicuous perennial shrub that would have been apparent at the time of the survey. Ceanothus cyaneus –/– 1B.1 NE, Covered Evergreen shrub; chaparral; Not expected to occur. This Lakeside ceanothus blooms Apr.–Jun.; elevation conspicuous species would likely 150-3,000 feet. have been detected if present. Study area outside of known range.

THEMIDACEAE Brodiaea filifera CE/FT 1B.1 NE, VP, Perennial herb (bulbiferous); Low potential to occur. Suitable thread-leaved brodiaea Covered meadows and seeps, valley mesic habitat is not present to and foothill grassland, vernal support this species. pools, mesic, clay soil; blooms Mar.–June; elevation less than 2,500 feet. ATTACHMENT 3 SENSITIVE PLANT SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Water Authority State/Federal California Rare NCCP/HCP Species Status Plant Rank Status Habitat/Blooming Period Comments Brodiaea orcuttii –/– 1B.1 Covered Perennial herb (bulbiferous); Low potential to occur. Suitable Orcutt’s brodiaea closed cone coniferous mesic habitat is not present to forest, chaparral, meadows support this species. and seeps, valley and foothill grassland, vernal pools, mesic, clay soil; blooms May– July; elevation less than 5,300 feet. Muilla clevelandii –/– 1B.1 Covered Perennial herb (bulbiferous); Low potential to occur. Study area San Diego goldenstar occurs on grassland and, in does not support extensive grassy grassy openings in chaparral openings within the intact sage or sage scrub, and vernal scrub and chaparral habitat. This pools, clay soils; blooms May; species not expected to occur in elevation 170–1,500 feet. disturbed sage scrub or chaparral.

FEDERAL CANDIDATES AND LISTED PLANTS STATE LISTED PLANTS FE = Federally listed endangered CE = State listed endangered FT = Federally listed threatened CT = State listed threatened CR = State Rare CALIFORNIA RARE PLANT RANK 1A = Species presumed extinct in California. 1B = Species rare, threatened, or endangered in California and elsewhere. These species are eligible for state listing. 2 = Species rare, threatened, or endangered in California but more common elsewhere. These species are eligible for state listing. 3 = Species for which more information is needed. Distribution, endangerment, and/or taxonomic information is needed. 4 = A watch list of species of limited distribution. These species need to be monitored for changes in the status of their populations. 0.1 = Seriously threatened in California (over 80% of occurrences threatened/high degree and immediacy of threat) 0.2 = Moderately threatened in California (20-80% occurrences threatened/moderate degree and immediacy of threat) 0.3 = Not very threatened in California (<20% of occurrences threatened/low degree and immediacy of threat or no current threats known)

WATER AUTHORITY Covered = NCCP/HCP Covered Species NE = NCCP/HCP Narrow Endemic VP = NCCP/HCP Vernal Pool Protection Policy Biological Technical Report for the Nob Hill Pipeline Improvements Project

ATTACHMENT 4 Sensitive Wildlife Species Observed or with Potential to Occur within the Nob Hill Pipeline Improvements Project Study Area

Biological Technical Report for the Nob Hill Pipeline Improvements Project

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ATTACHMENT 4 SENSITIVE WILDLIFE SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA

Federal/ State Water Authority Species Status NCCP/HCP Status Habitat Occurrence/Comments

INVERTEBRATES (Nomenclature from Eriksen and Belk 1999; Mattoni 1990; and Opler and Wright 1999)

ANOSTRACA - FAIRY SHRIMP Vernal pool fairy shrimp No potential to occur. No vernal pool habitat FT Covered, VP Vernal Pools Branchinecta lynchi occurs in the study area. San Diego fairy shrimp No potential to occur. No vernal pool habitat FE Covered, VP Vernal Pools Branchinecta sandiegonensis occurs in the study area. Riverside fairy shrimp No potential to occur. No vernal pool habitat FE Covered, VP Vernal Pools Streptocephalus woottoni occurs in the study area.

NYMPHALIDAE - BRUSH-FOOTED BUTTERFLIES Open, dry areas in foothills, Very low potential to occur. Project site is mesas, lake margins. Larval Quino checkerspot butterfly outside the required survey area for this FE Covered host plant Plantago erecta. species (USFWS 2005). No known Euphydryas editha quino Adult emergence mid-January observations in the vicinity of the study area. through April.

REPTILES (Nomenclature from Crother 2008)

IGUANIDAE - IGUANID LIZARDS Low potential to occur on site. Habitat is Chaparral, coastal sage scrub healthy, but colonized by Argentine ants, Coast horned lizard with fine, loose soil. Partially which displace native prey ant species. No (San CSC, FSS Covered Phrynosoma coronatum dependent on harvester ants suitable prey species occur on site to support Diego/blainvillii population) for forage. horned lizards. Nearest record is a 1998 observation 1.5 miles to the north. ATTACHMENT 4 SENSITIVE WILDLIFE SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Federal/ State Water Authority Species Status NCCP/HCP Status Habitat Occurrence/Comments

TEIIDAE - WHIPTAIL LIZARDS Moderate potential to occur on site. Coastal sage scrub on site is dense, but marginally suitable. Presence of Argentine ants in the Chaparral, coastal sage scrub Belding’s orange-throated whiptail study area could reduce population of CSC Covered with coarse sandy soils and termites, this species primary food source. Aspidoscelis hyperythra beldingi scattered brush. The site’s urban setting is not ideal for this species. Nearest record is 1998 observation 1.5 miles to the north. COLUBRIDAE - COLUBRID SNAKES Grasslands, chaparral, Low potential to occur on site. Coastal sage Coast patch-nosed snake sagebrush, desert scrub. scrub and chaparral on site may be too moist CSC -- Salvadora hexalepis virgultea Found in sandy and rocky and isolated by development to support this areas. species. Generally found around pools, Moderate potential to occur within Miramar creeks, cattle tanks, and other Reservoir, but low potential to occur near the Two-striped gartersnake water sources, often in rocky proposed project footprint. The freshwater BLM, CSC -- Thamnophis hammondii areas, in oak woodland, marsh in the central portion of the study area chaparral, brushland, and is small, isolated, and channelized making it coniferous forest. largely unsuitable. ATTACHMENT 4 SENSITIVE WILDLIFE SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Federal/ State Water Authority Species Status NCCP/HCP Status Habitat Occurrence/Comments

BIRDS (Nomenclature from American Ornithologists’ Union 1998 and Unitt 2004) VIREONIDAE – VIREOS No potential to occur on site. Although southern willow scrub occurs within the study Least Bell’s vireo Willow riparian woodlands. area, this vegetation is represented by a FE, SE Covered Vireo bellii pusillus Summer resident. small group of manicured willow trees in at the edge of a landscaped area at the top of a slope.

SYLVIIDAE – GNATCATCHERS Occurs on site. Observed in four locations within the study area. High potential to nest in the southern portion of the study area, Coastal California gnatcatcher Coastal sage scrub, maritime including within the proposed access road FT, CSC Covered Polioptila californica californica succulent scrub. Resident. alignment. Low potential to nest in the pipeline improvement work area in the northern portion of the study area, as this location is largely disturbed.

PARULIDAE - WOOD WARBLERS No potential to occur. Suitable riparian habitat does not occur in the study area. The Breeding restricted to riparian patch of southern willow scrub in the study Yellow warbler woodland. Spring and fall CSC Covered area is not suitable because it is limited in migrant, localized summer Dendroica petechia size, is adjacent to existing development, resident, rare winter visitor. and appears to be regularly trimmed as landscaping. ATTACHMENT 4 SENSITIVE WILDLIFE SPECIES OBSERVED OR WITH POTENTIAL TO OCCUR WITHIN THE NOB HILL PIPELINE IMPROVEMENTS PROJECT STUDY AREA (continued)

Federal/ State Water Authority Species Status NCCP/HCP Status Habitat Occurrence/Comments

EMBERIZIDAE - EMBERIZIDS Occurs on site. One individual heard calling within Diegan coastal sage scrub in the Southern California Coastal sage scrub, chaparral, southern portion of the study area. Likely rufous-crowned sparrow WL Covered grassland. Resident. occurs in other areas of sage scrub and

Aimophila ruficeps canescens chaparral. High potential to nest in the study area.

ACCIPITRIDAE – HAWKS, KITES, & EAGLES Winter visitor to mature forest, Low potential to nest in the study area, as Cooper’s hawk open woodlands, wood edges, the eucalyptus/non-native vegetation is likely CSC -- Accipiter cooperii river groves. Occasionally in too open. Moderate potential to forage parks and residential areas. throughout the study area. STATUS CODES

Listed/Proposed FE = Listed as endangered by the federal government FSS = Federal (BLM and USFS) sensitive species FT = Listed as threatened by the federal government SE = Listed as endangered by the state of California

Other CSC = California Department of Fish and Wildlife species of special concern WL = California Department of Fish and Wildlife Watch List Covered = NCCP/HCP Covered Species NE = NCCP/HCP Narrow Endemic VP = NCCP/HCP Vernal Pool Protection Policy species

Biological Technical Report for the Nob Hill Pipeline Improvements Project

ATTACHMENT 5

NCCP/HCP Standard Minimization Measures for Construction Activities

Biological Technical Report for the Nob Hill Pipeline Improvements Project

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NCCP/HCP Standard Minimization Measures for Construction Activities

The Water Authority Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) details standard minimization measures for construction activities that the project would be required to follow. The Water Authority NCCP/HCP has also established a number of policies with which projects must demonstrate compliance. This includes Standard Minimization Measures, Protection Measures during Project Development and Construction (including protection of jurisdictional resources), General Conditions for Coverage, Species-specific measures, and the Habitat Restoration Program. 1.1 Standard Minimization Measures

Standard minimization measures represent appropriate, environmentally sound approaches to construction activities that would be implemented by this project to reduce affects to covered species and their habitats. The appropriate measures for an individual project have been identified and documented by an Environmental Surveyor (qualified biologist). The Environmental Surveyor is responsible for pre-activity surveys and determining the appropriate minimization measures (e.g., flagging sensitive zones and habitats) prior to the commencement of construction, and conducting and documenting monitoring as required.

Environmental and Water Authority Personnel: The Water Authority will assign staff to administer and report on the Plan’s implementation. In addition, all Water Authority personnel (and construction contractors) will be trained to ensure that project conditions are adhered to. An Environmental Surveyor (which may be a Water Authority staff or a consultant) will oversee pre-project evaluations/needs and work with the project engineer and contractors to ensure implementation compliance.

Environmental Surveyor: The Environmental Surveyor may be one or more firms or individuals retained by the Water Authority, or qualified Water Authority staff. An individual who is designated to function as an Environmental Surveyor is responsible for pre-activity surveys and determining the appropriate minimization measures (e.g., flagging sensitive zones and habitats) prior to the commencement of construction. An Environmental Surveyor will have a B.S. or B.A. degree in wildlife management, ecology, zoology, botany, biology, or a similar degree, at least two years of field experience in southern California, knowledge of any sensitive species or habitats that may be impacted, and, if undertaking surveys that could result in take of any federally or state- listed species, will possess appropriate section 10(a)(1)(A) recovery permits or state permits/memoranda to conduct such surveys. Qualifications and selection of an Environmental Surveyor for any given individual project will be approved by the Water

Page 1 Authority. More than one Environmental Surveyor may work on any particular project at any given time. The Environmental Surveyor will be responsible for, but not be limited to, the following activities:

1. If the Environmental Surveyor discovers that the Water Authority is out of compliance with the permits associated with this Plan, he/she will report the non- compliance to the Water Authority within one working day and to the Wildlife Agencies within five working days so that the Water Authority and Wildlife Agencies can determine how to put the Plan back into compliance.

2. Before any clearing and/or construction activities are performed in habitat areas that may support covered species, the Environmental Surveyor will review the site, identify any sensitive plant and animal species, and identify requirements pursuant to the Plan for impact avoidance and minimization. A standard Pre- activity Survey Form (PSF) will be prepared for each project and submitted to the Water Authority for review and tracking purposes.

3. The Environmental Surveyor will determine the extent of potential covered species habitat and will flag the sensitive resources to be avoided. If a covered species is present, the Environmental Surveyor will refer to Appendix B of the NCCP/HCP for species-specific conservation measures. In the case of unavoidable impacts to a covered species, the Environmental Surveyor will determine the extent of impact, the appropriate mitigation measures, and recommend to the project engineer additional measures to minimize impacts in accordance with Appendix B of the NCCP/HCP.

4. The Environmental Surveyor will work with the project engineer to identify and mark areas appropriate for staging and temporary equipment storage, placement of heavy machinery, as well as vehicle turn around and access, that will result in the least amount of impact to sensitive vegetation and/or covered species. The Environmental Surveyor will verify that all areas specified on the plans to be avoided are marked with flagging in the field prior to construction start.

5. The Environmental Surveyor will attend pre-construction meetings for projects in sensitive areas. The Environmental Surveyor will provide brief presentations to field staff, as needed, to familiarize field personnel with the natural resources to be protected and avoid on project sites and outline environmental expectations. The Environmental Surveyor will also be available to answer questions and address any last-minute construction changes.

6. The Environmental Surveyor will be present during clearing, topsoil salvage, and construction activities located within sensitive habitat. The frequency and duration of required monitoring will be specified in the PSF that is completed by

Page 2 the Environmental Surveyor and submitted to the Water Authority on a project- by-project basis prior to the start of construction.

7. The Environmental Surveyor will advise the construction manager during construction to ensure compliance with all avoidance, minimization, and mitigation measures.

8. The Environmental Surveyor will conduct (and document) monitoring as required by the PSF. At the completion of the covered activity, the Environmental Surveyor will prepare a brief report to verify compliance with the avoidance and minimization recommendations in the PSF. This report will include documentation that the flagged areas were avoided and that minimization measures were properly implemented. The Environmental Surveyor will be responsible for the identification and monitoring of any covered species that are found on the project site prior to and during construction activities. Monitoring activities will be in accordance with the species-specific measures.

9. If any previously unidentified covered species or otherwise sensitive species, nests, dens, or burrows are located on a project site during construction activities, the Environmental Surveyor will provide guidance, through the construction manager, as to how best to minimize or avoid impacting the resource(s).

10. The Environmental Surveyor will be on-call (via phone) to respond within 24 hours for potential emergency deployment to assess and monitor potentially critical biological issues.

11. If the Environmental Surveyor determines that the Covered Activity is out of compliance with the requirements of the Plan, the Environmental Surveyor will report it to the Water Authority. The Water Authority will be responsible for bringing the project back into compliance and determine the appropriate remedial action, if necessary, through coordination with the Wildlife Agencies.

12. The Environmental Surveyor or construction manager will be responsible for ensuring the removal of all habitat flagging from the construction site at completion of work.

13. If included in the PSF, the Environmental Surveyor will direct the relocation of covered species that can be moved from harm’s way in coordination with the species-specific Conditions of Coverage in Appendix B of the NCCP/HCP (in non-emergency situations) with notification to the Wildlife Agencies.

Pre-Activity Survey Form (PSF): To ensure all Water Authority covered activities comply with the Plan, an Environmental Surveyor must survey the project area for

Page 3 sensitive biological resources within 30 days prior to initiation of ground disturbing activities for new construction and operations and maintenance (O&M) and complete a PSF.

Field Personnel Education Training: Field personnel working within sensitive habitat areas, including both Water Authority employees and contractors, will participate in an education training program at the start of each project. The program will be conducted on-site by an Environmental Surveyor under the direction of the Water Authority. The training will include: an overview of covered species identification and the legal protections afforded to each species; a brief discussion of their biology; habitat requirements; status under the federal Endangered Species Act (ESA) and California Endangered Species Act (CESA); conservation measures being taken by the project for the protection of the covered species and their habitats under this Plan; and penalties for non-compliance.

The training program will also educate field personnel in the identification of invasive species that may be removed, as well as desirable seeded and planted species, to ensure that native species are not affected by invasive species control. A fact sheet conveying this information will also be available to all personnel working in the project area. The Water Authority, either directly or through the services of the Environmental Surveyor, will be responsible for the education and training for new field personnel coming on-site after the start of a project.

Field Personnel (and Contractor) Responsibilities:

1. Contractors or other project personnel will not collect plants or wildlife, unless specifically authorized and directed by the Environmental Surveyor. Only qualified and appropriately authorized personnel will handle or collect plants or wildlife as required by species-specific measures (see Appendix B of the NCCP/HCP).

2. Field personnel will not intentionally harm or harass wildlife or damage nests, burrows, rock outcrops, or other habitat components.

3. Drivers on unpaved roads in native habitats will not exceed a speed of 20 miles per hour in order to avoid injury to animals and minimize dust generation.

4. Impacts to adjacent native vegetation that would be significantly affected by excessive fugitive dust will be avoided and minimized through watering of access roads (except in areas with vernal pools) or other appropriate measures, such as reducing the number or speed of vehicles or adding inert materials that reduce dust. Projects with the potential for excessive dust generation include those that involve more than occasional use of roads in dust-prone soils (i.e., more than

Page 4 three to five vehicle roundtrips per day) or require multiple vehicles to transport heavy equipment and supplies.

5. Vehicles will not park in areas where catalytic converters may ignite vegetation. Construction vehicles will be equipped with shovels and fire extinguishers in order to reduce the risk of wildfires.

6. Littering will be strictly prohibited. All trash will be deposited in secured, closed containers or hauled out daily by field personnel.

7. No pets will be allowed on any construction site.

8. No firearms or other weapons will be allowed on any construction site except as carried by governmental law enforcement, or as authorized in writing by Water Authority staff.

9. Field personnel will be prohibited from pushing or dumping soil and brush into sensitive habitats.

10. All vehicles, tools, and machinery will be restricted to access roads, approved staging areas, or within designated construction zones.

11. If any field personnel identify a previously unnoticed covered species on a construction site, work activities will cease in order to immediately notify the Water Authority’s construction manager, project engineer, and the Environmental Surveyor. In conjunction with Water Authority environmental staff, the Environmental Surveyor will determine what actions would be taken to avoid or minimize impacts to the species according to the species-specific conditions outlined in Appendix B of the NCCP/HCP.

12. Field personnel will notify the project engineer/environmental staff of any sick, injured, or dead wildlife found on-site. 1.2 Protection Measures during Project Development and Construction

Planning and Coordination:

1. The Water Authority will incorporate design features that minimize impacts to covered species from night lighting, noise, and vehicle speed. Examples of these measures could include, but are not limited to, provision of animal passage over or around trenches, erection of exclusion or noise barriers for some species, directed lighting away from adjacent habitat areas, and rescue of animals in the work area (by a permitted biologist if a listed species is involved).

Page 5 2. When crossing through a sensitive habitat or an established preserve, the most direct, least damaging, feasible alignment will be used to minimize disturbance in these areas.

3. To protect all covered avian species, vegetation clearing will be performed generally outside of the nesting and breeding seasons of bird species: January 15 to July 31 for raptor species; March 15 to September 15 for riparian species; and February 15 to August 15 for upland species. Conditions imposed to authorize clearing work during the nesting and breeding season will include, but are not limited to, pre-construction surveys to document absence of nesting birds, buffers around active nests (as determined by the Environmental Surveyor if no specific buffer is specified), and construction beginning prior to nesting/breeding season and continuing into that period.

If birds move into areas adjacent to construction areas during construction, the Environmental Surveyor will monitor and document continued nesting activity; if the Environmental Surveyor determines that nesting is being negatively affected and may cause nesting abandonment/failure, additional protection measures will be implemented and the Water Authority will summarize the results in the annual report. A breeding season survey may begin up to 10 days prior to the planned disturbance, and at least one survey will be completed within five days of planned disturbance (minimum of one survey is required within five days of impacts). If relevant to the site, other species’ breeding season conditions will be included. The PSF prepared by the Environmental Surveyor would include all appropriate conditions.

Pipeline Siting: To the extent feasible, pipelines and minor support facilities (e.g., blow- off valves and valve vaults) will be placed in existing or future public rights-of-way, including streets, highways, utility corridors, or other publicly owned properties, to minimize impacts to native habitat.

Design and Construction Controls:

1. Projects will be designed to avoid and minimize impacts to biological resources, to the extent feasible.

2. Construction and operation activities will be designed and implemented to avoid and minimize new disturbance, erosion on manufactured and other slopes, and off-site degradation from sedimentation.

3. Storage and staging areas will be located in disturbed areas or within the least biologically sensitive areas established by the Environmental Surveyor. No filling, excavating, trenching, or stockpiling of materials will be permitted outside

Page 6 of the approved construction footprint, unless the area to be used is already disturbed and does not support habitat for covered species.

4. Construction footprints will be delineated in the construction documents. In addition, if the construction footprint is located within or near sensitive habitat, including adjacent to the jurisdictional resources, the project footprint will be fenced or continuously flagged with streamers or a boundary rope barrier to ensure that habitat is not removed beyond the limits of work. These barriers will be established prior to any grading, grubbing, or clearing, and will be monitored by the Environmental Surveyor.

5. Projects will be refined, where possible, during the engineering and construction phases to further avoid and minimize impacts to covered species or their habitat through seasonal timing of work, minor realignments, and narrowing of construction limits.

6. Clearing and grubbing will be performed within the construction areas only as necessary for safe vehicle movement and construction activities.

New Access Roads:

1. New access roads will be sited in previously disturbed areas, or in the least biologically sensitive areas that require the least amount of construction grading, whenever feasible in order to avoid and minimize impacts to covered species.

2. New access roads will be constructed outside of the avian or other covered species’ breeding seasons, to the extent feasible. In the event construction is unavoidable during the breeding seasons, the Environmental Surveyor will determine the presence or absence of nesting or breeding Covered Species, and the appropriate protection and minimization recommendations will be followed (as identified in Appendix B of the NCCP/HCP).

3. New access roads will be constructed to avoid or minimize impacts to streambeds, rivers, or other waterways, to the extent feasible. 1.3 General Conditions for Coverage

The following general measures will apply to all Covered Species, which for this project include the coastal California gnatcatcher (Polioptila californica californica), southern California rufous-crowned sparrow (Aimophila ruficeps canescens), and Belding’s orange-throated whiptail (Aspidoscelis hyperythra beldingi). Conduct pre-activity surveys within suitable habitat to ensure that covered species are adequately addressed by impact avoidance, minimization, and mitigation. Surveys must be conducted by an

Page 7 Environmental Surveyor during the appropriate field conditions for detection prior to any proposed impacts in the Plan area.

1. Avoid and minimize impacts to occupied covered species habitat or potential migration and/or dispersal corridors for all new facilities and O&M activities of existing facilities through project design considerations.

2. Fence and/or flag covered species populations and sensitive habitat in or adjacent to work areas. Where necessary, install signage to prohibit access and/or flag areas being restored or protected for their biological value.

3. Avoid driving or parking on sensitive and/or occupied habitat by keeping vehicles on roads and in designated staging areas.

4. Deter unauthorized activities (such as trampling and off-road vehicle use) and perform litter abatement, including proper disposal of illegally dumped materials, as part of routine patrol of access roads.

5. Monitor encroachment of non-native and invasive species into covered species populations and perform weed abatement as needed to improve the habitat.

6. Stabilize work areas to control erosion or sedimentation problems when working near covered species populations within the Plan Area. Populations within or adjacent to work areas would be protected from vehicular traffic, excessive foot traffic, or other activities that result in soil surface disturbance.

7. Control dust when working near covered species populations and/or habitat in accordance with applicable regulations.

8. All identified populations of covered species within rights-of-ways must be managed to control edge effects to the maximum extent possible

9. Any planting stock used shall be inspected by an Environmental Surveyor to ensure that it is free of pest species that may invade natural areas, including, but not limited to, Argentine ants (Iridomyrmex humii), fire ants (Solenopsis invicta), and other pests. Any planting stock that is infested would not be allowed within restoration areas or within 300 feet of native areas unless documentation is provided to the Wildlife Agencies that these pests already occur in the native areas around the project site. The stock would be quarantined, treated, or disposed of according to best management principles by qualified experts in a manner that precludes invasions into native habitat. Runoff from mitigation sites in native habitat would be minimized and managed.

10. Reseed temporary impact areas with an appropriate native seed mix and allow for natural recolonization of the area by adjacent populations.

Page 8 11. For new facilities adjacent to native habitat, minimize ornamental landscaping or irrigation not associated with native habitat restoration.

12. Collection of covered plant and wildlife species by Water Authority personnel and contractors is prohibited.

13. The use of outdoor lighting within or adjacent to potential covered species habitat will be discouraged. If lighting must be used for reasons of safety and security, light sources would be shielded away from habitat and only low pressure sodium lighting would be used. 1.4 Species-specific Conditions for Coverage

Belding’s Orange-throated Whiptail (Aspidoscelis hyperythra beldingi)

1. Avoid or minimize impacts to Belding’s orange-throated whiptail habitat through project design and placement.

2. Minimize and manage effects from introduced ant species that may exclude the termite prey base during restoration efforts. All nursery stock plants will be checked for non-native ants before installation at restoration sites. Non-native ants that penetrate native habitats appear to be partially supported by artificial irrigation associated with landscaping (Suarez et al. 1998). Therefore, runoff from mitigation sites in native habitat would be minimized and managed.

Coastal California Gnatcatcher (Polioptila californica californica)

1. Conduct USFWS protocol surveys for the coastal California gnatcatcher under favorable conditions in areas of potential foraging or breeding habitat for all new facilities and O&M Activities, or assume occupancy of potential habitat, to ensure that this species is adequately addressed by impact avoidance, minimization, and mitigation. A permitted Environmental Surveyor would conduct surveys.

2. Minimize impacts through timing of work in suitable coastal California gnatcatcher habitat to avoid the nesting season for upland avian species whenever possible, and/or ensure that habitat is removed prior to the initiation of the breeding season. If construction activities must occur during the upland avian breeding season, conduct nest surveys within 300 feet of all proposed activities (see Section 5.5.2.3 for the Avian Breeding Season Policy). If active nests are encountered, no Covered Activities shall be implemented within a minimum distance of 100 feet of the nest. A greater setback (up to 300 feet) may be required, as determined by the Environmental Surveyor, based on the site

Page 9 specific considerations, phase of the nesting cycle, and species or other biological considerations.

3. Direct take of individuals and destruction of nests within an active territory is not allowed.

4. For temporary impacts to occupied coastal California gnatcatcher habitat, the work site would be returned to preexisting contours, where feasible, and revegetated with appropriate locally native species. All revegetation plans would require written concurrence of the Wildlife Agencies.

Southern California Rufous-crowned Sparrow (Aimophila ruficeps canescens)

1. Minimize impacts through timing of work in suitable habitat to avoid the nesting season for upland avian species whenever possible, and/or ensure that habitat is removed prior to the initiation of the upland avian breeding season. If construction activities must occur during the upland avian breeding season, conduct nest surveys within 300 feet of all proposed activities (see Section 5.5.2.3 for the Avian Breeding Season Policy). If active nests are encountered, no Covered Activities shall be implemented within a minimum distance of 100 feet of the nest. A greater setback (up to 300 feet) may be required, as determined by the Environmental Surveyor, based on the site specific considerations, phase of the nesting cycle, and species or other biological considerations. Direct take of individuals and destruction of nests within an active territory is not allowed. 1.5 Habitat Restoration Program

As detailed within the Water Authority NCCP/HCP, the Water Authority shall be responsible for ensuring that the temporary disturbance areas are properly reseeded or revegetated. During the construction warranty period of this project (decided prior to construction with contractor), the contractor shall be responsible for reseeding/revegetating. The Water Authority, using the Environmental Surveyor, shall ensure that the pipeline improvements area is monitored and managed for a three- to five-year period, depending on if success criteria are met. Restoration for temporarily impacted areas subject to future, repeat disturbance will conform to the following protocols for seeding/planting, weed control and soil and plant salvage.

Seeding/Planting

1. Seeding will generally be performed within 30 days after topsoil replacement. The topsoil replacement timing will correspond with the appropriate season for application. The seed mix to be used will consist of local native vegetation

Page 10 species that are suitable for restoration as dictated by the terrain, soils, and surrounding native habitat. As conditions allow, native plant species that are a typical component of the pre-existing or surrounding vegetation community will be used in the seed mix. If justified and feasible, plant materials will be derived from local seed and/or cutting sources to maintain genetic integrity. Species lists and sources and quantities of seeds to be applied will be based on local conditions, as determined by the Water Authority.

2. Hydroseeding will consist of a slurry mix of native seed, soil stabilizer (100 pounds per acre), fiber mulch (2,000 pounds per acre), water, and other additives to be hydraulically sprayed on the ground as specified in the PSF. The slurry (but not the seed mix) may be altered by the project engineer to meet any site-specific needs. After application, this will allow absorption of moisture and rainfall to percolate to the underlying soil.

3. Hand-seeding may be used to spread seed by hand and rake it into the topsoil.

4. Drill-seeding may be used in restoration efforts to reduce soil disturbance.

5. Areas requiring erosion control will be reseeded with an erosion control native seed mix as determined in Section 02940 of the Water Authority standards. Such seed mixes may include a selection of native grasses, low-growing forbs, and shrubs, consistent with the surrounding area and the ultimate disposition of the reseeded site.

6. Hydroseeded areas will be periodically inspected by the Environmental Surveyor. Inspections generally will be conducted on a quarterly basis but could be more or less frequent depending on site specific conditions. Areas failing to show acceptable germination and growth of native species, as determined by the Environmental Surveyor, will be scheduled for reseeding. Acceptability will be determined by uniformity of germination and native plant growth. Any supplemental seeding should take place from September through November, prior to winter rains. The need for supplemental seeding will be evaluated upon whether seedling establishment provides a reasonable expectation that it will develop into self-sustaining native habitat over time with consideration for annual rainfall and other underlying abiotic factors (e.g., slope, aspect, soils).

7. Areas of approximately 4,360 square feet (0.1 acre) or larger that have not achieved 20 percent cover of native plants at the end of the first summer following seeding may require reseeding. Factors such as overall percent cover, health, and vigor will be considered in determination of satisfactory establishment. If supplemental seeding is required, seed mixes may be altered upon direction of the Water Authority to achieve more successful germination

Page 11 based on habitat conditions; however, seed mixes must contain only native species.

Weed Control

1. Weeds will be controlled in all areas planted and/or seeded throughout the plant establishment and maintenance period. Weed eradication will be performed within 10 days prior to initiating seeding and planting operations.

2. All planted areas will be weeded prior to the weeds reaching 12 inches in height and/or before ripening of seed, unless otherwise directed by the Environmental Surveyor. Weed control methods may include herbicide application, hand weeding, or mechanical removal as approved for the site by the Environmental Surveyor. Herbicides will be applied in conformance with all applicable laws and regulations.

3. All high-rated invasive weeds on the most current California Invasive Plant Council (Cal-IPC) list will be prioritized and targeted for control at restoration sites, although additional weeds may be controlled based on recommendations by the Environmental Surveyor.

Soil and Plant Salvage: As a means of enhancing revegetation success, the Water Authority will salvage soil, seed, and plant material. The PSF shall identify appropriate salvage opportunities.

1. Where feasible, the project will reuse topsoil that supported native plant species for revegetation and restoration purposes.

2. Where feasible, the project will collect representative cactus joints and/or other rooted materials within impact areas for subsequent planting in restoration sites or areas that will not be impacted.

3. During construction in areas of native habitat, topsoil consisting of the top four to six inches of earthen material will be salvaged and stockpiled separately from other excavated materials. Topsoil piles will be stored within a fenced or a flagged and posted enclosure. These piles will be kept relatively weed free without the use of a pre-emergent herbicide. Weeds will be removed and disposed of off-site before weeds produce mature seed heads. Prior to topsoil salvage, existing native vegetation will be salvaged, removed and mulched, or crushed into the topsoil. If mulched, vegetative material will be no larger than six inches long by one inch wide. Mulched native vegetation may be incorporated and stored with salvaged topsoil at the discretion of the Water Authority.

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