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Low-Effect Habitat Conservation Plan for
Endangered Sandhills Species at the
Clements Property, Santa Cruz County California

  • Prepared by:
  • Prepared for:
  • Submitted to:

Jodi McGraw, Ph.D. Principal and Ecologist Jodi McGraw Consulting
PO Box 221
Ron and Natalie Clements
8225 Ridgeview Drive Ben Lomond, CA 95005
Mr. Steve Henry Field Supervisor
US Fish and Wildlife Service
2493 Portola Road, Suite B

  • Ventura, CA 93003
  • Freedom, CA 95019

September 2017

HCP for the Clements Property, Ben Lomond, CA

Contents

  • Executive Summary
  • 1

  • Section 1. Introduction and Background
  • 3

Overview/Background ........................................................................3 Permit Holder/Permit Duration............................................................3 Permit Boundary/Covered Lands........................................................3 Species to be Covered by Permit .......................................................5 Regulatory Framework .......................................................................5
Federal Endangered Species Act............................................5 The Section 10 Process - Habitat Conservation Plan Requirements and Guidelines.................................................7 National Environmental Policy Act ..........................................8
National Historic Preservation Act ......................................................8 California Endangered Species Act ....................................................8 California Environmental Quality Act ..................................................8 County of Santa Cruz Sensitive Habitat Ordinance ............................9

  • Section 2. Project Description/Activities Covered by Permit
  • 10

Project Description ...........................................................................10 Activities Covered by Permit.............................................................12

  • Section 3. Environmental Setting/Biological Resources
  • 13

Environmental Settings.....................................................................13
Climate .................................................................................13 Topography/Geology ............................................................13 Hydrology/Streams, Rivers, Drainages .................................13 Existing Land Use.................................................................14 Plant Communities................................................................14 Adjacent Land Use ...............................................................14
Covered Species..............................................................................15 Mount Hermon June beetle ............................................................15 Zayante Band-Winged Grasshopper ..............................................18 Ben Lomond Spineflower ...............................................................19 Other Sandhills Endangered Species in the Region .........................21

  • Section 4. Potential Biological Impacts/Take Assessment
  • 22

Direct Impacts ..................................................................................22 Indirect Impacts................................................................................26 Anticipated Take of Covered Species...............................................26 Effects on Critical Habitat .................................................................27 Anticipated Impacts of the Taking.....................................................27

HCP for the Clements Property, Ben Lomond, CA

Cumulative Impacts..........................................................................28

Section 5. Conservation Program 28

Biological Goals and Objectives .......................................................30 Avoidance, Minimization, and Mitigation Measures ..........................30 Measures to Minimize Impacts .........................................................30 Measures to Mitigate Unavoidable Impacts ......................................32 Monitoring ........................................................................................34 Reporting..........................................................................................34

  • Section 6. Plan Implementation
  • 36

Changed Circumstances ..................................................................36
Summary of Circumstances..................................................36 Listing of New Species..........................................................37 Discovery of Currently Listed Species in Project Site............37
Unforeseen Circumstances ..............................................................37 Amendments....................................................................................38
Minor Amendments...............................................................38 Major Amendments...............................................................38
Suspension/Revocation....................................................................39 Renewal of the Section 10(a)(1)(B) Permit .......................................39 Permit Transfer.................................................................................40

  • Section 7. Funding
  • 41

Costs of HCP Implementation ..........................................................41 Funding Source(s)............................................................................41

  • Section 8. Alternatives
  • 43

Summary..........................................................................................43 Alternative 1: No Action Alternative ..................................................43 Alternative 2: Redesign Project ........................................................43 Alternative 3: Proposed Project ........................................................44

  • Literature Cited
  • 45

Appendices
Appendix A. Project Plans Appendix B: Habitat Assessment Appendix C: Conservation Bank Letter of Intent

HCP for the Clements Property, Ben Lomond, CA

Tables and Figures

  • Table
  • Page

12345
Size of Proposed Project Areas..................................................10 Special-Status Species of the Sandhills......................................21 Project Impacts to Open Soil Areas............................................24 Species Impacts and Compensatory Mitigation ..........................25 Estimated Costs to Implement the Conservation Strategy ..........42

  • Figure
  • Page

12345
Project Location............................................................................4 Map of Project Site .....................................................................11 Mount Hermon June Beetle ........................................................16 Zayante Band-Winged Grasshopper...........................................18 Ben Lomond Spineflower............................................................20

  • HCP for the Clements Property, Ben Lomond, CA
  • Executive Summary

Executive Summary

Ron and Natalie Clements (the Clementses) are seeking an incidental take permit, under Section 10(a)(1)(B) of the Federal Endangered Species Act, to cover take of the federally endangered Mount Hermon June beetle (Polyphylla barbata) and Zayante band-winged grasshopper (Trimerotropis infantilis), as well as impacts to the Ben Lomond spineflower

(Chorizanthe pungens var. hartwegiana), which is addressed in the plan’s conservation

strategy. Impacts to the three covered species will result from construction of a swimming pool, outdoor kitchen, sport court, solar panels, patios and other hardscapes, retaining walls, landscaping beds, and a fence in the back and side yards of the applicants’ primary residence, which is located at 8225 Ridgeview Drive near the unincorporated town of Ben Lomond in Santa Cruz County, central coastal California. The project activities will occur within a 24,500-ft2 (0.56- acre) portion of the 3.6-acre parcel (APN: 072-441-01). Within this broader project area, the improvements are estimated to cover 11,506 ft2 (Table 1) of which 2,787 ft2 features existing impervious surfaces including primarily pavement associated with walkways. Construction will also impact a 600-ft2 area where soil will be stockpiled.

A three-year permit term is requested to address incidental take due to vegetation removal, grading and evacuation, construction, and also seeding and planting. These activities were initiated in winter 2016, when the applicants conducted vegetation removal, excavation, grading, and paving, as well as installation of the solar panel rack. The project was discontinued when the applicants received a stop-work order from the County of Santa Cruz. Once the applicants receive a local building permit and a federal take permit, which will enable the project to resume, the remaining activities including additional grading, paving, construction, landscaping, and erection of a fence are anticipated to be completed within a three-month period; however, a three-year permit is requested to address construction delays that may be encountered.

The project area and improvements within the Sandhills ecosystem, and provides habitat for the Mount Hermon June beetle, Zayante band-winged grasshopper and Ben Lomond spineflower. This habitat has been degraded by land uses that occurred prior to initiation of the project, including livestock keeping and vehicle use. Nonetheless, the covered species have high potential to occur in the project area as they are adapted to disturbance and habitat the intact habitat adjacent to the parcel. As a result, the project was estimated to impact individuals as well as cause permanent and temporary habitat loss for the three covered species (Table 4).

Specifically, the project activities will directly harm individuals of all three species within the 9,319 ft2 (0.214 acres) in the project footprint that are not already covered by existing impervious surfaces. Of this area, 4,492 ft2 (0.103 acres) will be covered by impervious surfaces and thus permanently lost for all three species. The remaining 4,827 ft2 (0.111 acres) will be seeded or planted with native sandhills plants and other non-invasive ornamental plants to provide a source of food for larval Mount Hermon June beetles. Of this area of temporary habitat loss for the Mount Hermon June beetle, only the 600 ft2 (0.014 acres) is anticipated to be restored for the Zayante band-winged grasshopper and Ben Lomond spineflower; the remaining area is located within landscaped areas in and around the improvements that these species are unlikely to recolonize. As a result, the project activities are anticipated to cause the permanent

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  • HCP for the Clements Property, Ben Lomond, CA
  • Executive Summary

loss of 8,719 ft2 (0.200 acres) for the Zayante band-winged grasshopper and Ben Lomond spineflower. Due to the small size of the project, and its occurrence within an area of habitat that was degraded as a result of prior land use and occurs within a small residential parcel, and is therefore of low to moderate long-term conservation value, the project is not anticipated to significantly impact the persistence of the listed species in the region.

This plan’s conservation strategy includes measures to minimize the project’s impacts:

1. Prior to resuming construction, a qualified biologist will collect the seed of all the Ben
Lomond spineflower from within the project impact area, for use in seeding following construction as described below.

2. The remainder of the project will be conducted between November and April, if at all possible, to avoid the primary adult activity period for the Mount Hermon June beetle (May-August) and Zayante band-winged grasshopper (June-October). If soil-disturbing activities occur during the Mount Hermon June beetle flight season (May 1 – August 31), exposed soil will be covered with tarps to prevent dispersing male beetles from burrowing into the construction site.

3. All new outdoor lights will feature LED bulbs that emit light in wavelengths that are less attractive to nocturnal insects including Mount Hermon June beetle.

4. Following completion of the project, the 600 ft2 (0.014 acres) temporary stockpile area will be seeded with native sandhills plants collected on site or adjacent to the site (with landowner permission), while the landscaping beds will be planted with native sandhills plants and non-invasive ornamental plots that can provide food for larval Mount Hermon June beetle. The Clementses will avoid all landscaping elements that degrade habitat for the three covered species including weed matting, landscape rock, bark, and turf grass.

To mitigate for the unavoidable impacts to the listed species, the Clementses will purchase 23,130 square feet (0.531 acres) of conservation credits at the Zayante Sandhills Conservation Bank, which is selling credits in the Ben Lomond Sandhills Preserve immediately north of their parcel, or from another Service-approved conservation bank that sells credits for covered insect species. Permanent habitat loss for the Mount Hermon June beetle will be mitigated by purchasing credits for this species at a 2:1 ratio, reflecting the moderate conservation value of the habitat to be impacted; the area of temporary habitat loss will be mitigated at a 1:1 ratio as it will be at least partially restored. Permanent and temporary habitat loss for the Zayante bandwinged grasshopper will be mitigated at a ratio of 1:1, as the site features degraded habitat that is of low long-term conservation value for this species. Separate credits will not be purchased to compensate for adverse impacts to the Ben Lomond spineflower, which will benefit from the purchase of conservation credits to fund the protection and management of suitable habitat for this species within the Zayante Sandhills Conservation Bank Ben Lomond Sandhills Preserve.

The Clementses will fund all elements of the plan’s conservation program, including purchase of the conservation credits. A qualified biologist will conduct monitoring to ensure compliance with the conservation strategy, and to evaluate success toward the biological goals and objectives. Monitoring results will be provided to the U.S. Fish and Wildlife Service in a project report provided by January 31 following each year that the permit is active.

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  • HCP for the Clements Property, Ben Lomond, CA
  • Introduction and Background

Section 1

Introduction and Background

1.1 Overview and Background

This Habitat Conservation Plan (HCP) to cover take of federally listed endangered species during construction of improvements to Clements single-family residence at 8225 Ridgeview Drive near the town of Ben Lomond in unincorporated Santa Cruz County, California (APN 072-441-01). It has been prepared pursuant to the requirements of Section 10(a)(1)(B) of the Federal Endangered Species Act of 1973, as amended (Act). The HCP is intended to provide the basis for issuance of a Section 10(a)(1)(B) permit to the Ron and Natalie Clements, the owners of the 3.6-acre parcel, to authorize incidental take of the Mount Hermon June beetle (Polyphylla barbata) and Zayante band-winged grasshopper (Trimerotropis infantilis), and address impacts to Ben Lomond spineflower (Chorizanthe pungens var. hartwegiana), which occur within the 0.56-acre project area.

The project entails construction of a series of improvements including a swimming pool, outdoor kitchen, sport court, solar panel array, landscaping beds, patios and other hardscapes, retaining walls, and a fence (Section 2.1). Installation of the improvements will involve ground-disturbing activities, including excavation and covering of open soil with impervious surfaces, as well as staging of equipment and materials (e.g., stockpiled sand). These activities will impact individuals of, as well as permanently remove habitat for, these three federally endangered species.

1.2 Permit Holder/Permit Duration

The Clementses requests an incidental take permit to cover take of the three federallylisted endangered species for three years commencing on the date of permit approval. Project construction is anticipated to require less than one year; however, seasonal restrictions and unforeseen logistical issues with construction may delay the project.

1.3 Permit Boundary/Covered Lands

A permit is requested to authorize the incidental take of Mount Hermon June beetle and Zayante band-winged grasshopper, and cover impacts to the Ben Lomond spineflower within the project area: an approximately 24,500- ft2 (0.56-acre) portion of the 3.6-acre parcel (APN: 072-441-01) situated at 8225 Ridgeview Drive near the unincorporated town of Ben Lomond in Santa Cruz County, central coastal California. The project parcel is located within the Felton United States Geological Survey (USGS) topographic quadrangle, near the center of Section 10 of Township 10S, Range 2W of the Mount Diablo Base and Meridian (Figure 1).

3

  • HCP for the Clements Property, Ben Lomond, CA
  • Introduction and Background

Figure 1: Location of the Clements Parcel within the Felton US Geological Survey Quadrangle, central Santa Cruz County.

4

  • HCP for the Clements Property, Ben Lomond, CA
  • Introduction and Background

1.4 Species to be Covered by Permit

The following species are referred to as a "covered species" related to the Incidental Take Permit if it is issued.

  • Covered Species
  • ______
  • Federal Status/State Status

  • Federally Endangered
  • Mount Hermon June beetle

(Polyphylla barbata)

Zayante band-winged grasshopper

(Trimerotropis infantilis)

Federally Endangered

  • Federally Endangered
  • Ben Lomond spineflower

(Chorizanthe pungens var. hartwegiana)

The project area features suitable habitat for these species. The following additional federally-endangered species occur in the region but not within the project area and will not be impacted by the project; therefore they will not be covered under the requested Incidental take permit nor will they be further addressed in this HCP.

  • Additional Listed Species
  • ______
  • Federal Status/State Status

  • Endangered/Endangered
  • Ben Lomond Wallflower

(Erysimum teretifolium)

  • California red-legged frog
  • Threatened/Species of

Special Concern

(Rana draytonii)

1.5 Regulatory Framework

1.5.1 Federal Endangered Species Act

Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the U.S. Fish and Wildlife Service (Service) as an intentional or negligent act or omission that creates the likelihood of injury to listed species by annoying them to such an extent as to significantly disrupt

5

  • HCP for the Clements Property, Ben Lomond, CA
  • Introduction and Background

normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

Pursuant to section 11(a) and (b) of the Act, any person who knowingly violates section 9 of the Act or any permit, certificate, or regulation related to section 9, may be subject to civil penalties of up to $25,000 for each violation or criminal penalties up to $50,000 and/or imprisonment of up to one year.

Individuals and State and local agencies proposing an action that is expected to result in the incidental take of federally listed species are encouraged to apply for an incidental take permit under section 10(a)(1)(B) of the Act to be in compliance with the law. Such permits are issued by the Service when take is not the intention of and is incidental to otherwise legal activities. An application for an incidental take permit must be accompanied by a HCP. The regulatory standard under section 10 of the Act is that the effects of authorized incidental take must be minimized and mitigated to the maximum extent practicable. Under Act section 10, a proposed project also must not appreciably reduce the likelihood of the survival and recovery of the species in the wild, and adequate funding for a plan to minimize and mitigate impacts must be ensured.

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  • The Taxonomy of Utah Orthoptera

    The Taxonomy of Utah Orthoptera

    Great Basin Naturalist Volume 14 Number 3 – Number 4 Article 1 12-30-1954 The taxonomy of Utah Orthoptera Andrew H. Barnum Brigham Young University Follow this and additional works at: https://scholarsarchive.byu.edu/gbn Recommended Citation Barnum, Andrew H. (1954) "The taxonomy of Utah Orthoptera," Great Basin Naturalist: Vol. 14 : No. 3 , Article 1. Available at: https://scholarsarchive.byu.edu/gbn/vol14/iss3/1 This Article is brought to you for free and open access by the Western North American Naturalist Publications at BYU ScholarsArchive. It has been accepted for inclusion in Great Basin Naturalist by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. IMUS.COMP.ZSOL iU6 1 195^ The Great Basin Naturalist harvard Published by the HWIilIijM i Department of Zoology and Entomology Brigham Young University, Provo, Utah Volum e XIV DECEMBER 30, 1954 Nos. 3 & 4 THE TAXONOMY OF UTAH ORTHOPTERA^ ANDREW H. BARNUM- Grand Junction, Colorado INTRODUCTION During the years of 1950 to 1952 a study of the taxonomy and distribution of the Utah Orthoptera was made at the Brigham Young University by the author under the direction of Dr. Vasco M. Tan- ner. This resulted in a listing of the species found in the State. Taxonomic keys were made and compiled covering these species. Distributional notes where available were made with the brief des- criptions of the species. The work was based on the material in the entomological col- lection of the Brigham Young University, with additional records obtained from the collection of the Utah State Agricultural College.
  • A Cytological Survey of Wild Populations of Trimerotropis and Circotettix. (Orthoptera, Acrididae). I. the Chromosomes of Twelve

    A Cytological Survey of Wild Populations of Trimerotropis and Circotettix. (Orthoptera, Acrididae). I. the Chromosomes of Twelve

    A CYTOLOGICAL SURVEY OF WILD POPULATIONS OF TRIMEROTROPIS AND CIRCOTETTIX. (ORTHOPTERA, ACRIDIDAE). I. THE CHROMOSOMES OF . TWELVE SPECIES M. J. D. WHITE University of Texas, Austin, Texas Received November 29, 1948 INTRODUCTION N RECENT years a great deal of work has been carried out on the distri- I bution of structurally different chromosomal types in wild populations of Drosophila (DOBZHANSKY1947 a, b, c, 1948; DOBZHANSKYand EPLING1944; WARTERS1944; CARSONand STALKER1947). Similar studies have also been carried out on some species of Chironomus (PHILIP 1942; Hsu and LIU 1948). Comparisons have been made between different populations of the same species and between samples of the same population collected at different seasons:of the year and in several successive years. These studies have been almost entirely concerned with one particular type of chromosomal rearrangements, namely paracentric inversions. In the case of Drosophila pseudoobscura, the species which has been studied most extensively, it was found by DOBZHANSKYthat individuals heterozygous for inversions were, as a rule, better adapted under natural conditions than either of the two homozygous types. Thus, if we call one gene-sequence A and the other A’, individuals of the constitution AA’ possessed a higher degree of fitness than either AA or A’A’ individuals, although the relative fitness of the various types showed regular seasonal fluctuations. Results such as these (which can be duplicated in laboratory experiments carried out under controlled environ- mental conditions in “population cages”) explain the existence of the multipli- city of different gene-sequences known for the chromosomes of D.pseudoobscura and some other species of the genus Drosophila.
  • Orthoptera, Acrididae, Oedipodinae) Reveal Convergence of Wing Morphology

    Orthoptera, Acrididae, Oedipodinae) Reveal Convergence of Wing Morphology

    Zoologica Scripta Phylogenetic analyses of band-winged grasshoppers (Orthoptera, Acrididae, Oedipodinae) reveal convergence of wing morphology MARTIN HUSEMANN,SUK NAMKUNG,JAN C. HABEL,PATRICK D. DANLEY &AXEL HOCHKIRCH Submitted: 17 September 2011 Husemann, M., Namkung, S., Habel, J.C., Danley, P.D. & Hochkirch, A. (2012). Accepted: 10 April 2012 Phylogenetic analyses of band-winged grasshoppers (Orthoptera, Acrididae, Oedipodinae) doi:10.1111/j.1463-6409.2012.00548.x reveal convergence of wing morphology. —Zoologica Scripta, 41, 515–526. Historically, morphological traits have been used to examine the relationships of distantly related taxa with global distributions. The use of such traits, however, may be misleading and may not provide the resolution needed to distinguish various hypotheses that may explain the distribution patterns of widely distributed taxa. One such taxon, the Oedipo- dine grasshoppers, contains two tribes principally defined by wing morphologies: the Bry- odemini have broad wings whereas Sphingonotini are narrow-winged. Through the use of morphological features alone, hypotheses concerning the evolution of these tribes cannot be distinguished. To differentiate hypotheses that may explain the distribution of Oedipo- dines, such as vicariance, natural dispersal and anthropogenic translocation, we used two mitochondrial and three nuclear gene fragments to reconstruct the phylogenetic relation- ships within and between the two tribes, and employed a molecular clock to evaluate the hypotheses of vicariance and dispersal. Our results clearly reject monophyly of the tribes and revealed monophyletic Old and New World clades, which is in agreement with previ- ous molecular studies. The split between both clades was dated at 35 Ma (±12 Ma). This clearly rejects the vicariance hypothesis and supports a single invasion via the Beringian land bridge.
  • Low-Effect Habitat Conservation Plan for the Mount Hermon June Beetle

    Low-Effect Habitat Conservation Plan for the Mount Hermon June Beetle

    Low-Effect Habitat Conservation Plan for the Mount Hermon June Beetle, the Ben Lomond Wallflower, and the Ben Lomond Spineflower, at Bean Creek Estates, a 13-unit residential development site (APN 022-631-22), Located on Bean Creek Road in Scotts Valley, Santa Cruz County, California Prepared for: Mr. Tom Masters 28225 Robinson Canyon Road Carmel, CA 93923 (831) 625-0413 Prepared by: Richard A. Arnold, Ph.D. Entomological Consulting Services, Ltd. 104 Mountain View Court Pleasant Hill, CA 94523-2188 (925) 825-3784 and Kathy Lyons Biotic Resources Group 2551 So. Rodeo Gulch Road, Suite 12 Soquel, CA 95073-2057 (831) 476-4803 and Todd Graff and Norman Schwartz Bolton Hill Company, Inc. 303 Potrero Street, Suite 42-204 Santa Cruz, CA 95060 (831) 457-8696 Revised Draft March 2007 [Type text] EXECUTIVE SUMMARY Mr. Tom Masters (“Applicant”) has applied for a permit pursuant to section 10 (a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884) (ESA), as amended, from the U.S. Fish and Wildlife Service (the Service) for the incidental take of the endangered Mount Hermon June beetle (Polyphylla barbata). In addition, Mr. Masters is requesting that the Service include the Ben Lomond Wallflower (Erysimum teretifolium), and the Ben Lomond Spineflower (Chorizanthe pungens var. hartwegiana) on the incidental take permit, but that the permit is not being sought for incidental take of these two plant taxa. The potential taking would occur incidental to development of 13 single-family residences at an undeveloped, 18.07-acre parcel (APN 022-631-22) owned by the Applicant and located on Bean Creek Road in Scotts Valley (Santa Cruz, County), CA.