4.3 BIOLOGICAL RESOURCES
DRAFT EIR PINE ACRES NORTH NOVEMBER 2009
4.3 BIOLOGICAL RESOURCES
INTRODUCTION
The Biological Resources chapter of the EIR evaluates the biological resources known to occur or potentially occur within the Pine Acres North project (proposed project) site. This chapter describes potential impacts to those resources, and identifies measures to eliminate or substantially reduce those impacts to less-than-significant levels. Existing plant communities, wetlands, wildlife habitats, and potential for special-status species and communities are discussed for the project site. The information contained in this analysis is primarily based on a Biological Resources Evaluation Report for Pine Acres North1 prepared by Sycamore Environmental Consultants (See Appendix G), a Jurisdictional Delineation and Special Status Species Evaluation2 prepared by Gibson & Skordal, LLC (See Appendix H), and an Oak Woodland Assessment3 prepared by Ronald P. Monk Consulting (See Appendix I).
EXISTING ENVIRONMENTAL SETTING
The following sections describe the regional setting of the site, as well as the existing biological resources occurring in the proposed project area.
Regional Setting
The proposed project site is located in the Sierra Foothills in the western portion of Amador County, approximately one mile southeast of the community of Pine Grove. The proposed site ranges from approximately 2,500 feet to 2,690 feet above mean sea level (MSL) and is located in the Upper Mokelumne watershed. The majority of soils within the project site were formed in material weathered metasedimentary rock and are well drained with medium to very rapid runoff.
Project Setting
Land uses located within Amador County are primarily agricultural and open space, with residential and commercial areas in existing cities (See Figure 4.3-1). The proposed project area is surrounded on all sides by existing rural residential subdivisions and open space. The majority of the site generally drains to the northeast by way of an unnamed tributary of Grass Valley Creek.
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Figure 4.3-1 Aerial View of the Proposed Project Area
Project Site
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P ogical Resources ogical Resources Figure 4.3-2 Chapter 4.3 – Biol Connection Between Channel 1 and Navigable Waters Connection Between
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Hydrology
The majority of the site drains to the northeast by way of an unnamed intermittent tributary (Channel 1) of Grass Valley Creek (See Figure 4.3-2). Water from Grass Valley Creek sequentially flows into Sutter Creek, Dry Creek, and the navigable Mokelumne River.
Soils
The project site soils consist of two soil types, Sites very rocky loam, three to 16 percent slopes (SrC) and Sites very rocky loam, 16 to 51 percent slopes (SrE).
Sites very rocky loam, three to 16 percent slopes (SrC) The SrC soil type is well drained, moderately deep, and generally associated with undulating to rolling hill and ridges as well as strong sloping foot slopes in mountainous areas. Rock outcroppings compose approximately 10 to 25 percent of the surface. The soil is derived from metasedimentary rock, mostly slate, schist, and intrusive rock.
Sites very rocky loam, 16 to 51 percent slopes (SrE) The SrE soil type is well drained, moderately deep, and generally associated with undulating to rolling hill and ridges as well as strong sloping foot slopes in mountainous areas. Rock outcroppings compose up to 25 percent of the surface. The soil is derived from metasedimentary rock, mostly slate, schist, and intrusive rock.
On-Site Vegetation Communities
The site is dominated by foothills pine-oak forest. Tree species consist primarily of ponderosa pine (Pinus ponderosa), canyon live oak (Quercus chrysolepsis), black oak (Quercus keloggii), incense cedar (Calocedrus decurrens), and big-leaf maple (Acer macrophyllum). The understory is composed of Himalayan blackberry (Rubus procerus), bind weed (Convolvulus arvensis), soft chess (Bromus mollis), ripgut brome (Bromus diandrus), blue wild-rye (Elymus glaucus), poison oak (Toxicondendron diversilobum), chaparral honeysuckle (Lonicera interrupta), and snowberry (Symphoricarpos albus).
Plant Species Observed On-Site
Gibson and Skordal conducted a field survey on November 4, 2008 and observed a total of 50 plant species on-site (See Table 4.3-1).
Table 4.3-1 Plant Species Observed Within the Proposed Project Area Scientific Name Common Name Acer macrophyllum big-leaf maple Aira caryophyllea silver hairgrass Alnus sp alder Arbutus menziesii madrone Arctostaphylos sp. manzanita Artemesia douglasiana Douglas' wormwood
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Table 4.3-1 Plant Species Observed Within the Proposed Project Area Scientific Name Common Name Brassica nigra black mustard Briza minor little quaking grass Bromus diandrus (B. rigidus) rip-gut grass Bromus mollis soft chess Calocedrus decurrens incense cedar Carex sp. sedge Ceanothus cuneatus buckbrush Centaurea solstitialis yellow star-thistle Convolvulus arvensis bindweed Cynosurus echinatus dogtail Cyperus sp. umbrella sedge Dactytis glomerata orchard grass Elymus glaucus blue wild-rye Equisetum sp horsetail Eriodictyon sp yerba santa Galium bifolium bedstraw Grindelia sp. gum weed Hypericum perforatum kalamath weed Juncus balticus baltic rush Juncus bufonius toad rush Lonicera interrupta honeysuckle Lotus purshianus Spanish clover Marrubium vulgare common horehound Pinus lambertiana sugar pine Pinus ponderosa ponderosa pine Plantago lanceolata English plantain Polygonum sp, smartweed Pseudotsuga menziesii Douglas fur Pteridium aquilinum var. pubescens bracken fern Quercus chrysolepis canyon live oak Quercus douglasii blue oak Quercus kelloggi black oak Quercus wislizenii interior live oak Rhamnus sp. buckthorn Rubus discolor Himalayan blackberry Rubus laciniatus cut-leaved blackberry Rubus parviflorus thimbleberry Rumex acetosella sheep sorrel Silybum marianum milk thistle Symphoricarpos acutus snowberry Toxicodendron diversilobwn poison oak Tragopogon sp. salsify Verbascum thapsus wooly mullein Vida villosa winter vetch Source: Gibson & Skordal, LLC, Jurisdictional Delineation and Special Status Species Evaluation November 2008.
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Special Status Species
Table 4.3-2 provides a summary of the listing status and habitat requirements of sensitive species that have been documented in the project vicinity or for which there is potentially suitable habitat in the area. This table also includes an assessment of the likelihood of occurrence of each of these species on the site. The evaluation of the potential for occurrence of each species is based on the distribution of regional occurrences (if any), habitat suitability of the site, and field observations. The table includes sensitive species recorded in the CNDDB (2008) for the Fiddletown, Aukum, Omo Ranch, Amador City, Pine Grove West Point, Jackson, Mokelumne Hill, and Rail Road Flat United States Geological Survey (U.S.G.S) quadrangles.
While the site may have historically provided habitat for a subset of the sensitive species listed in Table 4.3-2, the likelihood of occurrence of listed, candidate, and other sensitive species within the project area is considered generally low, as the site contains few habitat attributes for sensitive species that occur in the region. Further analysis is included in this Draft EIR only for species that are known to be present, have a potential for occurrence, or have been noted as present within the project area.
Special-Status Plant Species
The CNDDB records several special-status plant species as occurring within the vicinity of the study area including Pleasant Valley mariposa-lily (Calochortus clavatus var. avius), Red Hills soaproot (Chlorogalum grandiflorum), Tuolumne button-celery (Eryngium pinnatisectum), Brisbee Peak rush-rose (Helianthemum suffrutescens), Parry’s horkelia (Horkelia parryi), and prairie wedge grass (Sphenopholis obtusata). Though none are federally listed, they have been identified by the California Native Plant Society as species that are potentially threatened to some degree. Pleasant Valley mariposa-lily favors lower montane coniferous forest between 1,000 and 5,900 feet in elevation, and is associated with Josephine silt loam and volcanic soils. Brisbee Peak rush-rose and Red Hills soaproot have been documented in the Gabbro soil regions, but are known to grow on other soils types as well. Both occur in chaparral, but Red hills soaproot is also found in cismontane woodlands and lower montane coniferous forest. Parry’s horkelia is a perennial herb, which is presently threatened by commercial clay mining. The herb grows in chaparral and cismontane woodlands, blooms from April to June, and is found in El Dorado, Amador, Calaveras, and Mariposa counties. Tuolumne button-celery occurs in vernal pools, but is also found in other habitats such as cismontane woodlands and lower coniferous montane forests. Prairie wedge grass grows in moist areas such as cismontane seeps, stream banks, and ponds.
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P Occurrence in the Study No. The abandoned mine No. The abandoned mine the project site tunnel on is potential habitat for these species. However, because the tunnel would by disturbed not be construction activities, impacts to these species occur. would not No. The abandoned mine No. The abandoned mine the project site tunnel on is potential habitat for these species. However, because the tunnel would by disturbed not be construction activities, impacts to these species occur. would not Banksula Were Observed Within the Project Area Within the Project Area Were Observed intain any special state Habitat ) has been recorded by CNDDB ) has been recorded byCNDDB as ogical Resources ogical Resources Banksula rudolphi grubbsi studythe general vicinity of the area, occurring in the species does not maintain any state or special federal status and has been assigned a state Ranking of S1, which means less than 6 elemental occurrences or less than 1,000 individuals exist. The species is considered very is known rare and only a collected specimen from in Black Chasm 2.3 Cave near Volcano, California, approximately miles from the project area. ( as occurring in the general vicinity of the study the study of vicinity general as occurring in the area, the species does not ma or federal status and has been assigned a state Ranking of S1, which means less than 6 elemental occurrences or less than 1,000 individuals exist. The species is considered very rare and is only Cave near Chrome around occur in and to known Pardee Reservoir and Jackson, California in County, from 14 miles Amador approximately the project area. Table 4.3-2
Invertebrates 3 Vernal pools or other seasonal wetlands. Vernal pools or other seasonal wetlands. Vernal pools or other seasonal wetlands. No. No. No. List CNPS 2 l Communities that Potentially Occur or that Potentially l Communities Chapter 4.3 – Biol State Status None 1 Status Federal None None ( harvestman cave Grubb’s the Although None None cave harvestman Rudolph’s the Although E None T None None Scientific Name Banksula grubbsi Banksula grubbsi Banksula rudophi Branchinecta conservation Branchinecta lynchi Branchinecta mesovallensis Special-Status Species and Sensitive Natura Sensitive Species and Special-Status
Common Name Grubb’s cave harvestman cave Rudolph’s harvestman Conservancy fairy shrimp vernal pool fairy shrimp fairy midvalley shrimp
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P Occurrence in the Study No. Intermittent drainage No. Intermittent site would on the project be preserved; therefore, the project would not this species.impact No. Based on the lack of available species information distribution and whether or not the project site contains the appropriate habitat for the Tulare wasp, the wasp is to occur on not expected site. No. Based on the lack of appropriate aquatic habitat, vernal pool are not Branchiopods expected to occur within the study area. Hydroporus Hydroporus ) is not a state Were Observed Within the Project Area Within the Project Area Were Observed 3,000 individuals have the state. The CNDDB rget U.S.G.S. topographic rget U.S.G.S. topographic Habitat Chrysis tularensis ) is not a state or federally listed species; ogical Resources ogical Resources leechi however, the beetle has been assigned a state Ranking code of S2 meaning that 6 to 20 elemental occurrences or 1,000 to within been identified describes the for this habitat requirements species as “aquatic.” or federally listed species. However, the Tulare of wasp has been assigned a State Ranking code S1S2 meaning that <6 to 20 elemental occurrences have been identified individuals 3,000 or <1,000 to poorly state. The habits of this within the thoroughly species have not been understood and the CNDDBdocumented, does not provide on the habitat requirements for this information species. If this species is like other members of the species may parasitize this family, Hymenopteran eggs by laying other invertebrates the nests of young the host’s which will hatch and consume and/or eggs. assessment dearth of available due to the potential for and/or a high information distribution future listing. The CNDDB records for several branchiopods species do not indicate any occurrences within the ta quadrangles. The species inhabits vernal pools or quadrangles. The species inhabits vernal pools or other seasonallyponded wetlands that sustain Table 4.3-2
3 The Tulare wasp ( The leech’s skyline diving beetle ( were included in the Several branchiopods List CNPS 2 l Communities that Potentially Occur or that Potentially l Communities Chapter 4.3 – Biol State Status None None None 1 Status Federal None None E Scientific Name Chrysis tularensis Hydroporus leechi Lepidurus packardi Special-Status Species and Sensitive Natura Sensitive Species and Special-Status
Common Name Tulare cuckoo wasp Leech’s skyline beetle diving vernal pool tadpole shrimp
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P Occurrence in the Study No. No. No. The nearest occurrence is located miles 1.2 approximately to the north on Else Creek Rock in Indian Grinding No. Based on the lack of appropriate aquatic habitat, vernal pool are not Branchiopods expected to occur within the study area. ) Were Observed Within the Project Area Within the Project Area Were Observed Stygobromus gradyi rget U.S.G.S. topographic rget U.S.G.S. topographic Habitat ) is a state species of special concern. ogical Resources ogical Resources Rana boylii does not possess any special state of federal status, of S1, which assigned a State Ranking but has been means less than six elemental occurrences or less Two occurrences are exist. individuals than 1,000 recorded bythe CNDDB within Pine Grove has beenQuadrangle, but the location information suppressed by DFG for protection concerns. The species is associated with caves and springs. habitat including lakes, ponds, marshes, creeks, and marshes, lakes, ponds, habitat including other drainages. Prefers gravely with or sandyopen banks streams frog yellow-legged near woodlands. The foothill ( prefer slow moving, frogs yellow-legged Foothill assessment dearth of available due to the potential for and/or a high information distribution future listing. The CNDDB records for several branchiopods species do not indicate any occurrences within the ta quadrangles. The species inhabits vernal pools or quadrangles. The species inhabits vernal pools or other seasonallyponded wetlands that sustain in the before drying the winter during inundation late spring. inundation during the winter before drying in the in the before drying the winter during inundation late spring. Table 4.3-2
3 were included in the Several branchiopods ( Grady’s Cave amphipod List CNPS 2 l Communities that Potentially Occur or that Potentially l Communities Chapter 4.3 – Biol State Status 1 Status Federal None None T None None CSC Breeds in permanent to semi-permanent aquatic Occurs from 6,000 feet. sea level to approximately Scientific Name Linderiella occidentalis Stygobromus gradyi Rana aurora draytonii Rana boylii Special-Status Species and Sensitive Natura Sensitive Species and Special-Status
Common Name California linderiella Grady’s Cave amphipod Amphibians California red- legged frog foothill yellow- legged frog
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P Occurrence in the Study No. Based on the lack of necessary habitat to northwestern support the species is turtle, the pond to occur not expected site.within the project No. Based on a lack of reported occurrences in of and a lack the region habitat, Sierra Nevada not frog is yellow-legged expected to occur within the study area. State Historic Park. Based on a lack of suitable aquatic habitat, the foothill yellow-legged to expected frog is not occur within the study area. Rana Actinemys Were Observed Within the Project Area Within the Project Area Were Observed vegetation, and open vegetation, and open rates such as insects andsuch as insects rates med streams with open, ) is a California species of Habitat
) is a federal candidate species and a state ogical Resources ogical Resources Reptiles marmorata favor special concern. Northwestern pond turtles habitats that include streams, rivers and canals with water, aquatic slow-moving turtles basking sites. Although the live near must into water, they burrowing can tolerate drought by drainages. The species of dried beds the muddy feeds mainly on inverteb but will also consume smallworms, fish, frogs, sierrae species of special concern.yellow- Sierra Nevada are a montanelegged frogs species that was once one of the commonmost vertebrates in the high range of this the today the Sierra, but elevations of species has been severely reduced. The frog is aquatic invertebrates found foraging for seldom feet from upon water. Depending than a few more years two to four take from may elevation, tadpoles their metamorphosis. to fully complete gravelly, or sandy botto sunnyand are known to forage in adjacent banks woodlands for invertebrates. The range of the yellow-legged frog extends from Umpqua foothill Coastal Range the through Basin in Oregon south and Sierra foothills of California. Table 4.3-2
3 List CNPS 2 l Communities that Potentially Occur or that Potentially l Communities Chapter 4.3 – Biol State Status 1 Status Federal C CSC The Sierra Nevada Yellow-legged frog ( None CSC The northwestern pond turtle ( Scientific Name Rana sierrae Actinemys marmorata marmorata Special-Status Species and Sensitive Natura Sensitive Species and Special-Status
Common Name Sierra Nevada frog yellow-legged northwestern pond turtle
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P Occurrence in the Study No. Even with the presence of the tri-colored within blackbird colony of the study 12 miles area, adequate habitat is not present to support the on tri-colored blackbird the project site. No. The Northern goshawk is unlikely to occur as the project area suitable does not provide nesting and foraging species, habitat for this of the and is out elevational and geographical range where this species typically occurs. ) is a Were Observed Within the Project Area Within the Project Area Were Observed ) are listed by CDFG ouse, crows, and other Accipiter gentiles Habitat Agelaius tricolor Agelaius ogical Resources ogical Resources Birds as a species of special concern due to declining blackbirds Tri-colored the region. in populations are colonial nesters favoring dense stands of cattails, bulrush, or blackberry thickets associated with drainages, ditches, and canals. The closest recorded nesting colony is located approximately westarea near 12 miles Drytown. of the study associated with marsh habitats.Tri-colored associated with marsh blackbirds ( CDFG species of special concern. The raptor is an agile and aggressive hunter that forages for horseshoe hare, squirrels, gr small in wooded areas. Northernanimals small goshawks are not usually by intimidated the presence of as by exemplified humans its occasional habit of Northern Although decoys. attacking duck Goshawks are relatively rare, their range extends the United across of Canada and parts most States, and Mexico. The Northern goshawk United States migrate southward to the populations their for the winter from northern summer ranges. mammals and plants. Northwestern pond some turtle predators include raccoons, coyotes, raptors, weasels, large fish, and bullfrogs. Breeding season pond turtle occurs mid to for the northwestern from late spring in adjacent open grasslands or sandy banks. Table 4.3-2
3 List CNPS 2 l Communities that Potentially Occur or that Potentially l Communities Chapter 4.3 – Biol State Status 1 Status Federal None CSC blackberries or Colonial nester in cattails, bulrush, None CSC The Northern goshawk ( Scientific Name Agelaius tricolor Accipiter gentilis Special-Status Species and Sensitive Natura Sensitive Species and Special-Status
Common Name tricolored blackbird northern goshawk
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P Occurrence in the Study Roosting and foraging Roosting and habitat present. No. Based on the fact that the project area is out of the elevational and geographical range where this species typically occurs, the silver-haired the have bat does not be present on potential to the project site. No. ) is a CDFG Were Observed Within the Project Area Within the Project Area Were Observed which is well below the Myotis volans Habitat ogical Resources ogical Resources Plants bark, and occasionally in rock crevices. Forages in open wooded areas near water features. special favors animal. The long-legged myotis feet for above 4,000 forests and woodlands and other invertebrates. Trees moths foraging on day and maternity roosts colony provide important sites, while caves and mines are commonly utilized project site the of The elevation roosting. for night feet 2,500 is approximately preferred elevation species at 4,000 ft. of this clay soils. Goshawks build a bowl-shaped nest of small sticks small nest of Goshawks build a bowl-shaped in larger established trees and have a reputation of fiercely perceived guarding their nests from threats, including encroaching humans. North Coast The Northern goshawk breeds in the Nevada, Klamath, the Sierra Ranges and through The species Cascade, and Warner Mountains. and mature and higher elevations, prefers middle dense conifer and deciduous forests, usually nests near on north slopes, water, in densest parts of to openings stands, but close Mammals Table 4.3-2
3 List CNPS 2 l Communities that Potentially Occur or that Potentially l Communities Chapter 4.3 – Biol State Status 1 Status Federal None CDFG ( myotis None CDFG Long-legged holes, under Roosts in abandoned woodpecker T None 1B.2 with acidic sandyor Prefers chaparral or woodland Scientific Name Lastonycteris noctivagans Myotis volans Arctostaphylos myrtifolia Special-Status Species and Sensitive Natura Sensitive Species and Special-Status
Common Name silver-haired bat long-legged myotis Ione manzanita
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P Occurrence in the Study Yes. Yes. No. Yes. Yes. 06. = R/E in CA and more common= R/Emore in CA and 2 = Possibly extinct * Were Observed Within the Project Area Within the Project Area Were Observed arral. Sometimes found in arral. Sometimes found Habitat = Critical Habitat; = Critical ands, lower montane coniferous ands, lower montane oniferous forest between 1,000 oniferous forest between 1,000 CH CH rral, cismontane woodland, and rral, cismontane ogical Resources ogical Resources
and 5,900 feet in elevation. Associated with soils.and volcanic Josephine silt loam ponds. lower montane coniferous forest. Sometimes found lower montane in Gabbro soils. Gabbro soils. forests, and vernal pools. forests, and vernal pools. Table 4.3-2
= California Rare; 3 R 3.2 Open areas within chap 2.2 banks, and stream wet Cismontane meadows, 1B.2 1B.2 Prefers chaparral and cismontane woodlands. No. List CNPS termined from DFG (2006 c, d). Codes used in table are: c, d). DFG (2006 from termined = Rare or Endangered (R/E) in CA and elsewhere; 2 1B l Communities that Potentially Occur or that Potentially l Communities Chapter 4.3 – Biol State CH = Critical habitat = Candidate; Status None None None C 1 = Plants of limited distribution. limited = Plants of Status Federal None None 1B.2 Lower montane c montane Lower None 1B.2 chapa None Foothill 1B woodl Cismontane None 1B.2 None None None 4 = Proposed; P = DFG Protected; var. = PresumedCA; Extinct in Prot 1A Scientific Name Calochortus clavatus avius Chlorogalum grandiflorum Eryngium pinnatisectum Helianthemum suffrutescens Horkelia parryi Sphenopholis obtusata = Threatened; T = Need more information; = Need information; more (plants only): (plants only): 3 = Special Animals = DFG Species of Special Concern = DFG Fully Protected; Special-Status Species and Sensitive Natura Sensitive Species and Special-Status = Endangered;
Common Name E Other Codes Codes used in table are as follows: (2006). from DFG (2006a, b); and CNPS Other codes determined CSC CDFG FP Pleasant Valley Mariposa-lily Red Hills soaproot button- Tuolumne celery Bisbee Peak rush rose Parry’s horkelia Prairie wedge grass Listing Status USFWS letter. State status de from Federal status determined 20 8, September Acres North, Pine for Report Evaluation Resources Biological Inc., Consultants, Environmental Sycamore Source: elsewhere; CNPS List DRAFT EIR PINE ACRES NORTH NOVEMBER 2009
Based on the habitat and soil types on the project site, several plant species could potentially occur. None are listed under the federal or State endangered species acts, but some are listed by the California Native Plant Society as species that are potentially threatened to some degree. Six species of sensitive plants were identified in the CNDDB query (See Table 4.3-2). These include Pleasant Valley mariposa lily (Calochortus Clavatus var. avius), Red Hills soaproot (Chlorogalum grandiflorum), Tuolumne button-celery (Eryngium pinnatisectum), Brisbee Peak rush-rose (Helianthemum suffrutescens), Parry’s horkelia (Horkelia parryi), and Prairie wedge grass (Sphenopholis obtusata). Although Pleasant Valley mariposa-lily, Tuolumne button-celery, Brisbee Peak rush-rose, and prairie wedge were not observed on-site, suitable habitat exists. The study area does not contain suitable soils to support Red Hills soaproot or Parry’s horkelia (See Table 4.3-2).
Special-Status Wildlife Species
Field surveys of the project site were performed by Gibson & Skordal on November 4, 2008. The site was not graded or disked at the time of field surveys. The following is a detailed summary of special-status species and their habitats as they relate to the study area.
Reptiles and Amphibians
California Red-Legged Frog
The California red-legged frog (Rana aurora draytonii) is a federally threatened and a CDFG species of special concern. California red-legged frog is the largest indigenous frog west of the Continental Divide. Once harvested for food with an annual take of approximately 80,000 animals per year in the late 1800s and early 1900s, their numbers drastically declined. To bolster diminishing populations, the larger and much more aggressive bull frog (Rana catesbiana) was introduced from the eastern United States in 1886. Bull frogs, which are voracious feeders, extirpated the native frogs from much of their historical range. Habitat destruction associated with placer mining, drought, ranching, farming, and urbanization further reduced populations, and in June 1996 the frog was officially assigned protection under the Federal Endangered Species Act. Presently, the belief is that the red-legged frog occupies only about 10 percent of their original habitat range. The red-legged frog requires deeper (2 to 3 feet) slow moving or still aquatic habitats with abundant emergent vegetation, but is known also to forage and disperse in nearby uplands.
On March 13, 2001, the USFWS designated approximately 4.1 million acres as California red-legged frog critical habitat, or habitat that has been deemed as essential to the survival and recovery of the species. However, on November 6, 2002, a U.S. District Court ordered the service to submit a new critical habitat proposal citing deficiencies in the initial economic impact analysis. The service was mandated to adopt a new final rule no later than November 2005. To date, 31 new units have been proposed and are presently undergoing the review process. The channels and wetlands on-site do not provide potential breeding populations for the species. In addition, the USFWS has not identified critical red-legged frog habitat in Amador County. Based on a lack of reported
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occurrences in the region and a lack of suitable aquatic habitat, red-legged frogs are not expected to occur within the study area.
Birds and Raptors
Migratory bird and raptor species forage and nest in a variety of habitats throughout Amador County. Nesting birds and raptors are protected under the Migratory Bird Treaty Act (MBTA) and Section 3503.5 of the CDFG Code, which makes destroying any active raptor nest illegal. Although active nests were not observed during the field surveys, the oak woodland habitat on the site provides suitable nesting habitat for various bird and raptor species. Consequently, bird and raptor species are likely to be present on the site.
Mammals
Silver-Haired Bat
Silver-haired bat (Lasionycteris noctivagans) is a CDFG special animal primarily considered a coastal and montane forest species. The silver-haired bat roosts in abandoned woodpecker holes, under bark, and occasionally in rock crevices. The silver- haired bat’s favored foraging sites include open wooded areas near water features. Based on the presence of suitable roosting and foraging habitat on-site, the silver-haired bat has a potential to be present on the project site.
Jurisdictional Waters of the United States
Waters of the United States (U.S.), including wetlands, are broadly defined under 33 Code of Federal Regulations (CFR) Section 328 to include navigable waterways, tributaries of navigable waterways, and adjacent wetlands. State and federal agencies regulate these habitats, and Section 404 of the Clean Water Act requires that a permit be secured prior to the discharge of dredged or fill materials into any waters of the U.S., including wetlands. Both CDFG and the U.S. Army Corps of Engineers (USACE) have jurisdiction over modifications to riverbanks, lakes, stream channels, and other wetland features. In addition, jurisdictional waters of the U.S. can be defined by exhibiting a defined bed and bank and ordinary high water mark (OHWM). The OHWM is defined by the USACE as “that line on shore established by the fluctuations of water and indicated by physical character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” (33 C.F.R. §328.3[e])
Although definitions vary to some degree, wetlands are generally considered to be areas that are periodically or permanently inundated by surface water or groundwater, supporting vegetation adapted to life in saturated soil. Jurisdictional wetlands are vegetated areas that meet specific vegetation, soil, and hydrologic criteria defined by the USACE Wetlands Delineation Manual (USACE, 1987). Waters of the U.S. are drainage features or water bodies as described in 33 CFR 328.4. The USACE holds sole authority to determine the jurisdictional status of waters of the U.S., including wetlands. Jurisdictional wetlands and waters of the U.S. include, but are not limited to, perennial and intermittent creeks and drainages, lakes, seeps, and springs; emergent
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Several potentially jurisdictional waters of the U.S. were observed in the study area including two channels (Channel 1 and Channel 2) (See Figure 4.3-3). Channel 1 and Channel 2 flow into the navigable Mokelumne River by way of Grass Valley Creek, Sutter Creek, and Dry Creek.
Special-Status Species
Special-status plant species may meet one or more of the following criteria:
Plants listed or proposed for listing as threatened or endangered under the FESA (50 CFR 17.12 for listed plants and various notices in the Federal Register for proposed species); Plants that are candidates for possible future listing as threatened or endangered under the FESA (64 FR 205, October 25, 1999; 57533-57547); Plants that meet the definitions of rare or endangered species under the California Environmental Quality Act (CEQA) (CEQA Guidelines, Section 15380); Plants considered by the California Native Plant Society (CNPS) to be “rare, threatened, or endangered” in California (Lists 1A, 1B, and 2 species in CNPS [2001]); Locally important occurrences of plants listed by CNPS as plants for which more information is needed and plants of limited distribution (Lists 3 and 4, respectively, species in CNPS [2001]); Plants listed or proposed for listing by the State of California as threatened or endangered under the CESA (14 CCR 670.5); Plants listed under the California Native Plant Protection Act (California Fish and Game Code 1900 et seq.). Plants considered sensitive by other federal agencies (i.e., U.S. Forest Service, Bureau of Land Management) or state and local agencies or jurisdictions; and/or Plants considered sensitive or unique by the scientific community or occurring at the limits of their natural range (CEQA Guidelines, Appendix G).
Special-status wildlife species may meet one or more of the following criteria:
Wildlife listed or proposed for listing as threatened or endangered under the FESA (50 CFR 17.11 for listed wildlife and various notices in the Federal Register for proposed species); Wildlife that are candidates for possible future listing as threatened or endangered under the FESA (54 CFR 554); Wildlife that meet the definitions of rare or endangered species under the CEQA (CEQA Guidelines, Section 15380); Wildlife listed or proposed for listing by the State of California as threatened and endangered under the CESA (14 CCR 670.5); Wildlife species of special concern to the California Department of Fish and Game (Remsen [1978] for birds; Williams [1986] for mammals); and/or
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Wildlife species that are fully protected in California (California Fish and Game Code, Section 3511 [birds], 4700 [mammals], and 5050 [reptiles and amphibians]).
Several species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation as the State’s human population grows and the habitats these species occupy are converted to agricultural and urban uses. As described below, State and federal laws have provided the CDFG and the U.S. Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting the diversity of plant and animal species native to the state. A number of native plants and animals have been formally designated as threatened or endangered under State and federal endangered species legislation. Others have been designated as “candidates” for such listing. Still others have been designated as “species of special concern” by the CDFG. In addition, the California Native Plant Society (CNPS) has developed a set of lists of native plants considered rare, threatened, or endangered (CNPS 2001). Collectively, these plants and animals are referred to as “special-status species.”
REGULATORY CONTEXT
The following is a description of federal, State, and local environmental laws and policies that are relevant to the California Environmental Quality Act (CEQA) review process.
Federal
Federal Endangered Species Act
The United States Congress passed the Federal Endangered Species Act (FESA) in 1973 to protect endangered species or species that are threatened with extinction. The FESA is intended to operate in conjunction with the National Environmental Policy Act (NEPA) to help protect the ecosystems upon which endangered and threatened species depend.
The FESA prohibits the “take” of endangered or threatened wildlife species. “Take” is defined as harassing, harming (including significantly modifying or degrading habitat), pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting wildlife species, or any attempt to engage in such conduct (16 USC 1532, 50 CFR 17.3). Taking can result in civil or criminal penalties.
The FESA and NEPA Section 404 guidelines prohibit the issuance of wetland permits for projects that would jeopardize the existence of threatened or endangered wildlife or plant species. The USACE must consult with the U.S. Fish and Wildlife Service (USFWS) and National Oceanic Atmospheric Administration (NOAA) when threatened or endangered species may be affected by a proposed project to determine whether issuance of a Section 404 permit would jeopardize the species.
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Migratory Bird Treaty Act
Raptors (birds of prey), migratory birds, and other avian species are protected by a number of State and federal laws. The federal Migratory Bird Treaty Act (MBTA) prohibits the killing, possessing, or trading of migratory birds except in accordance with regulations prescribed by the Secretary of the Interior. Section 3503.5 of the California Fish and Game Code states, “it is unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.”
Clean Water Act
The USACE regulates discharge of dredged or fill material into waters of the U.S. under Section 404 of the Clean Water Act (CWA). “Discharge of fill material” is defined as the addition of fill material into waters of the U.S. including, but not limited to, the following: placement of fill that is necessary for the construction of any structure or impoundment requiring rock, sand, dirt, or other material for the structure’s construction; site-development fills for recreational, industrial, commercial, residential, and other uses; causeways or road fills; and fill for intake and outfall pipes and sub-aqueous utility lines (33 C.F.R. §328.2[f]). In addition, Section 401 of the CWA (33 U.S.C. 1341) requires any applicant for a federal license or permit to conduct any activity that may result in a discharge of a pollutant into waters of the U.S. to obtain a certification that the discharge will comply with the applicable effluent limitations and water quality standards.
Waters of the U.S. include a range of wet environments such as lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, and wet meadows. Wetlands are defined as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” (33 C.F.R. §328.3[b])
Furthermore, jurisdictional waters of the U.S. can be defined by exhibiting a defined bed and bank and ordinary high water mark (OHWM). The OHWM is defined by the USACE as “that line on shore established by the fluctuations of water and indicated by physical character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” (33 C.F.R. §328.3[e])
State
California Endangered Species Act
In 1984, the State of California enacted the California Endangered Species Act (CESA), which is similar to the FESA but pertains to State-listed endangered and threatened species. The California Endangered Species Act requires State agencies to consult with the California Department of Fish and Game (CDFG) when preparing California Environmental Quality Act (CEQA) documents to ensure that the actions of the lead agency do not jeopardize the existence of listed species. Lead agencies are directed by CESA to consult with CDFG on projects or actions that could affect listed species. In addition, CESA directs CDFG to determine whether
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jeopardy would occur, and allows CDFG to identify “reasonable and prudent alternatives” to the project consistent with conserving the species. Agencies can approve a project that affects a listed species if they determine that “overriding considerations” exist; however, the agencies are prohibited from approving projects that would result in the extinction of a listed species.
The California Endangered Species Act prohibits the taking of State-listed endangered or threatened plant and wildlife species. California Department of Fish and Game (CDFG) exercises authority over mitigation projects involving State-listed species, including those resulting from CEQA mitigation requirements. Taking may be authorized by CDFG if an approved habitat management plan or management agreement that avoids or compensates for possible jeopardy is implemented. In addition, CDFG requires preparation of mitigation plans in accordance with published guidelines.
California Department of Fish and Game
The CDFG exercises jurisdiction over wetland and riparian resources associated with rivers, streams, and lakes under CDFG Code Section 1600 to 1607. The CDFG has the authority to regulate work that will do any one or more of the following:
1) Divert, obstruct, or change the natural flow of a river, stream, or lake; 2) Change the bed, channel, or bank of a river, stream, or lake; or 3) Use material from a streambed.
The CDFG asserts that the jurisdictional area along a river, stream, or creek is usually bounded by the top-of-bank or the outermost edges of riparian vegetation. Typical activities regulated by CDFG under Section 1600-1607 authority include installing outfalls, stabilization of banks, creek restoration, implementing flood control projects, constructing river and stream crossings, diverting water, damming streams, gravel mining, logging operations, and jack-and-boring.
Careful project design, including the minimization of impacts and reduction of hard structure surface area (i.e., minimal amounts of cement or rip-rap), is critical for CDFG approval. The CDFG emphasizes the use of biotechnical or bioengineered creek-related components (emphasis on natural materials, sometimes in conjunction with hard materials) that minimize the need for hard structures in creeks.
CDFG Species of Special Concern
In addition to formal listing under FESA and CESA, plant and wildlife species receive additional consideration during the CEQA process. Species that may be considered for review are included on a list of “Species of Special Concern” developed by the CDFG. Species whose numbers, reproductive success, or habitat may be threatened are tracked by CDFG in California.
CDFG Birds of Prey Protection
Birds of prey are also protected in California under provisions of the State Fish and Game Code, Section 3503.5, (1992), which states, “it is unlawful to take, possess, or destroy any birds in the
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order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered “taking” by the CDFG.
Waters of the State
Waters of the State, including wetlands, are considered sensitive biological resources and fall under the jurisdiction of the CDFG and the Regional Water Quality Control Board (RWQCB).
The CDFG exercises jurisdiction over wetland and riparian resources associated with rivers, streams, and lakes under California Fish and Game Code Section 1600 to 1616. The CDFG has the authority to regulate work that will substantially divert, obstruct, or change the natural flow of a river, stream, or lake; substantially change the bed, channel, or bank of a river, stream, or lake; or use material from a streambed. California Department of Fish and Game’s jurisdictional area along a river, stream or creek is usually bounded by the top-of-bank or the outermost edges of riparian vegetation. Typical activities regulated by CDFG under Section 1600-1616 authority include installing outfalls, stabilizing banks, implementing flood control projects, constructing river and stream crossings, diverting water, damming streams, gravel mining, and logging.
Regional Water Quality Control Board
Pursuant to Section 401 of the Clean Water Act and EPA 404(b)(1) guidelines, in order for a USACE federal permit applicant to conduct any activity which may result in discharge into navigable waters, they must provide a certification from the RWQCB that such discharge will comply with the State water quality standards. The RWQCB has a policy of no-net-loss of wetlands in effect and typically requires mitigation for all impacts to wetlands before the RWQCB will issue water quality certification.
Under the Porter-Cologne Water Quality Control Act (Cal. Water Code Section 13000-14920), the RWQCB is authorized to regulate the discharge of waste that could affect the quality of the State’s waters. Therefore, even if a project does not require a federal permit (i.e., a NWP from the USACE), the project may still require review and approval of the RWQCB, in light of the approval of new NWPs on March 9, 2000 and the Supreme Court's decision in the case of the Solid Waste Agency of Northern Cook County (SWANCC) vs. USACE. The RWQCB in response to this, issued guidance for regulation of discharges to “isolated” water on June 25, 2004. The guidance states:
Discharges subject to Clean Water Act section 404 receive a level of regulatory review and protection by the USACE and are also subject to streambed alteration agreements issued by the CDFG; whereas discharges to waters of the State subject to SWANCC receive no federal oversight and usually fall out of CDFG jurisdiction. Absent of RWQCB attention, such discharges will generally go entirely unregulated. Therefore, to the extent that staffing constraints require the RWQCB to regulate some dredge and fill
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discharges of similar extent, severity, and permanence to federally-protected waters of similar value. Dredging, filling, or excavation of “isolated” waters constitutes a discharge of waste to waters of the State, and prospective dischargers are required to submit a report of waste discharge to the RWQCB and comply with other requirements of Porter- Cologne.
When reviewing applications, the RWQCB focuses on ensuring that projects do not adversely affect the “beneficial uses” associated with waters of the State. Generally, the RWQCB defines beneficial uses to include all of the resources, services and qualities of aquatic ecosystems and underground aquifers that benefit the State. In most cases, the RWQCB seeks to protect these beneficial uses by requiring the integration of water quality control measures into projects that will result in discharge into waters of the State. For most construction projects, RWQCB requires the use of construction and post-construction Best Management Practices (BMPs). In many cases, proper use of BMPs, including bioengineering detention ponds, grassy swales, sand filters, modified roof techniques, drains, and other features, will speed project approval from RWQCB. Development setbacks from creeks are also requested by RWQCB as they often lead to less creek-related impacts in the future.
California Native Plant Society
The California Native Plant Society (CNPS) maintains a list of plant species native to California that have low numbers, limited distribution, or are otherwise threatened with extinction. This information is published in the Inventory of Rare and Endangered Plants of California. Potential impacts to populations of CNPS-listed plants receive consideration under CEQA review. The following identifies the definitions of the CNPS listings:
List 1A: Plants believed extinct. List 1B: Plants rare, threatened, or endangered in California and elsewhere. List 2: Plants rare, threatened, or endangered in California, but more numerous elsewhere. List 3: Plants about which we need more information - a review list. List 4: Plants of limited distribution - a watch list.
Natural Community Conservation Program
The Natural Community Conservation Program (NCCP) is an unprecedented effort by the State of California, as well as numerous private and public partners, which takes a broad-based ecosystem approach to planning for the protection and perpetuation of biological diversity. The NCCP, which began in 1991 under the California Natural Community Conservation Planning Act, is broader in orientation and objectives than CESA and FESA; these laws are designed to identify and protect individual species that are already listed as threatened or endangered. The primary objective of the NCCP is to conserve natural communities at the ecosystem scale, while accommodating compatible land uses (CDFG, 2003).
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Local
County of Amador General Plan
The existing County of Amador General Plan does not contain goals or polices pertaining to biological resources. Currently, the County of Amador is updating the General Plan, which is expected to be completed in February 2010.
IMPACTS AND MITIGATION MEASURES
Standards of Significance
For the purposes of this EIR, the following standards of significance were adapted from Appendix G of the CEQA Guidelines. Impacts are considered significant if implementation of the proposed project would do any one or more of the following:
Adversely affect, either directly or through habitat modification, any endangered, threatened or rare species, as listed in Title 14 of the California Code of Regulations (Sections 670.5) or in Title 50, Code of Regulations (Sections 17.11 or 17.12) or their habitats (including but not limited to plants, fish, insects, animals, and birds); Have a substantial adverse impact, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations or by the CDFG or USFWS, including CNPS plants listed as 1B; Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulation or by the CDFG or USFWS; Adversely affect federally protected wetlands (including but not limited to, marsh, vernal pool, coastal, etc.), either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means; Have a substantial adverse effect on significant ecological resources including: o Wetland areas including vernal pools; o Large areas of non-fragmented natural communities that support endangered, threatened or rare species; o Wildlife movement zones, including but not limited to, non-fragmented stream environment zones, avian and mammalian routes, and known concentration areas of waterfowl within the Pacific Flyway; Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites; Conflict with any local or regional policies or ordinances designed to protect or enhance biological resources, such as a tree preservation policy or ordinance; Substantially fragment, eliminate or otherwise disrupt foraging areas, access to food sources, range and/or movement; Disrupt critical time periods (i.e., nesting and breeding) for fish and other wildlife species; or
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Conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, State, or federal resource conservation plans, goals, or regulations that would result in a physical impact on the environment.
An evaluation of whether an impact on biological resources would be substantial must consider both the resource itself and how that resource fits into a regional or local context. Substantial impacts would be those that would diminish or result in the loss of an important biological resource, or those that would obviously conflict with local, State, or federal resource conservation plans, goals, or regulations. Impacts are sometimes locally important, but not significant according to CEQA. The reason for this is that although the impacts would result in an adverse alteration of existing conditions, the impacts would not substantially diminish or result in the permanent loss of a defined important resource on a population-wide or region-wide basis.
Methods of Analysis
A Biological Resources Evaluation Report for Pine Acres North was prepared by Sycamore Environmental Consultants, Inc. in September 2006. The Sycamore report identifies the environmental constraints of the site. In addition, a Jurisdictional Delineation and Special Status Species Evaluation was prepared by Gibson & Skordal, LLC in November 2008. The evaluation by Gibson & Skordal, LLC is based on a review of regional biological resource databases and other biological studies conducted in the vicinity, as well as reconnaissance-level field surveys that were conducted in the project area on November 4, 2008, following 2.66 inches of rainfall from October 31 to November 3, 2008. The biological resources report was based on data collected during field surveys within the study area to delineate water features, including wetlands, potentially regulated under Section 404 of the Federal Clean Water Act. Data point locations were surveyed utilizing a Trimble ProXR BPS unit equipped with sub-meter accuracy. The GPS data for the centerline of the channel was provided by Toma & Associates, and average channel widths were taken in the field. The delineation map was prepared by digitizing and layering the GPS survey data over National Agricultural Imaging Program aerial photography published by NRCS in 2005. It should be noted that the Gibson & Skordal report is relied upon in this analysis given that the report is more recent than the Sycamore report and the consideration that Gibson & Skordal specialize in wetland delineation.
The study area was assessed for the potential presence of special-status species. Initially, a record search of the California Natural Diversity Database (CNDDB) was conducted for the Fiddletown, Aukum, Omo Ranch, Amador City, Pine Grove West Point, Jackson, Mokelumne Hill, and Rail Road Flat 7.5 Minute USGS quadrangles to identify all documented sightings of special-status species in the vicinity of the site. In addition to species identified in the CNDDB search, other special-status species that may be present based on historical or suspected range data was included in the data search.
The Oak Woodland Assessment divided the property into 74 sample plots and estimated the oak canopy using a densitometer. Aerial photography of the site was utilized to check the reasonability of the survey results. It should be noted that Public Resources Code Section
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21083.4(a) exempts oak species that are less than five inches in diameter at breast height (dbh) and Group A and B commercial species from canopy consideration.
Impacts and Mitigation Measures
The following discussion of impacts is based on the implementation of the proposed project.
4.3-1 Impacts to jurisdictional waters of the United States and waters of the State.
The majority of water on site drains to the northeast into two intermittent tributaries known as Channel 1 and Channel 2, which then drains into Grass Valley Creek. Water from Grass Valley Creek subsequently flows into Sutter Creek, Dry Creek, and the navigable Mokelumne River.
The wetland delineation performed for the project site by Gibson & Skordal determined that the project site contains no wetlands. However, a total of approximately 0.2129-acre of two intermittent on-site channels were delineated within the study area (See Figure 4.3-3), including 0.0269 acres in Channel 1a, 0.057 acres in Channel 1b, 0.1256 acres in Channel 1c, and 0.0034 acres in Channel 2. The channels possessed ordinary high water marks and distinct beds and banks with sandy to cobbly substrates. Several inches of flowing water was present in the lower reaches at the time of field surveys. In many locations the soils contained a high percentage of cobble and/or gravel. At the time of the survey, data points were not taken within these features due to their obvious break with the surrounding uplands.
Surface water from the study area accumulates in Channel 1 and flows into the navigable Mokelumne River. The Mokelumne River has been determined by way of traditional navigable water by the USACE from the mouth to Frandy Gage, which is 3.5 miles upstream of New Hope Road. Channel 1 is intermittent, and normally flows continuously for more than three months, classifying the tributary as a relatively permanent water. Channel 2 is directly tributary to Channel 1 and is also a relatively permanent water source. Therefore, Gibson & Skordal, LLC has confirmed that Channel 1 and Channel 2 are jurisdictional and a significant nexus determination is not required for these aquatic features – albeit, the final determination of jurisdictional status is the responsibility of the USACE.
The on-site project improvements potentially affecting the two intermittent channels that are potentially jurisdictional include three drainage crossings and a retention basin. The three drainage crossings would be needed to span the internal roadway over the existing intermittent channel located along the southern portion of the project site. More specifically, the drainage crossings would be located under Road E (i.e., cul-de-sac near Parcel C), Road D, and the southern emergency vehicle access off of Tabeaud Road (See Figure 4.3-4). The crossings would be constructed of corrugated steel pipe with an open- bottom arch design, which would ensure that improvements would not need to occur in the drainage channel.
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In addition, as shown on the Tentative Subdivision Map, per typical Amador County requirements, a 20-foot private drainage easement/setback (10 feet on each side of the channel) would be recorded on the property, which would ensure that adverse impacts to the intermittent channel would not occur as a result of the construction of the proposed retention pond or improvements on Lots 54-58, 69, and 70. The retention pond would be located on the easterly side of the project site in Parcel C, and set back a minimum of 10 feet from the existing drainage channel (See Figure 4.3-4). The retention pond would receive the majority of the project site runoff, which would be discharged at a metered rate into the receiving drainage channel ultimately flowing off-site under SR 88.
In summary, although the Tentative Subdivision Map has been designed so as to avoid impacts to the limited jurisdictional waters on-site, the possibility cannot be excluded that during construction of the drainage crossings and retention pond, as well as grading activities on Lots 54-58, 69, and 70, inadvertent discharge of fill could occur in the intermittent drainage channels. Therefore, the project could have a potentially significant impact to waters under USACE’s jurisdiction.
Mitigation Measure(s) The intermittent drainage channels on the project site would likely be considered waters of the U.S. and would therefore require a permit from the USACE under Section 404 of the Clean Water Act if any fill material were to be placed below the ordinary high water line of the channels. If a 404 permit were required, Water Quality Certification would also be required from the Regional Water Quality Control Board. In addition, any modification to the bed or banks of the channels or to any associated riparian vegetation would require a Streambed Alteration Agreement from the California Department of Fish and Game. Implementation of the following mitigation measures would reduce the above impact to a less-than-significant level.
4.3-1(a) Prior to approval of the Improvement Plans for the project, the following design methods shall be shown on the Improvement Plans for the review and approval by Amador County Public Works Department:
Road crossings shall be constructed using open-bottom arches instead of pipes. Any required utility crossings shall be accomplished via jack and bore rather than via trenching across the creek beds. The retention pond shall be constructed off channel rather than within the creek channel.
4.3-1(b) Best Management Practices (BMPs) shall be implemented during site grading and construction, including but not necessarily limited to the use of straw hay bales, filter barriers, and silt fences along the entire limits of the two intermittent drainage channels shown on Figure 4.3-3 of the DEIR. Additional measures shall include, but are not limited to, limiting removal of vegetation within the creek zones, replanting disturbed soils with suitable native or naturalized species, and limiting construction
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activities in near proximity to the drainage channels to dry periods of the year.
4.3-1(c) If, after implementing Mitigation Measures 4.3-1 (a) and (b), the determination is made that fill in the unnamed intermittent creeks cannot be avoided, the project proponent shall obtain the necessary permits from the USACE, Regional Water Quality Control Board, and California Department of Fish and Game. If required by these agencies, compensatory mitigation shall occur. Compensatory mitigation may consist of the purchase of stream, seasonal wetland, or riparian habitat credits at an approved mitigation bank, planting of native riparian tree and/or shrub species along the intermittent creek channel, or other mitigation plan as approved by these agencies.
4.3-2 Impacts to special-status plants.
Based on the habitat types and soil types on the project site, there are several plant species that could potentially occur on the site. None are listed under the federal or state endangered species acts, but are listed by the California Native Plant Society as species that are potentially threatened to some degree. The four plant species listed are the Pleasant Valley mariposa-lily (Calochortus clavatus var. avius), Tuolumne button-celery (Eryngium pinnatisectum), Brisbee Peak rush-rose (Helianthemum suffrutescens), and prairie wedge grass (Sphenopholis obtusata). Surveys for special-status plant species should be conducted at the appropriate times of year, and appropriate avoidance and/or compensation measures taken if it is determined that special-status plants would be impacted by construction activities. If any of the special-status plant species are present, on- and off-site construction activities could result in removal of the plants, resulting in a potentially significant impact.
Mitigation Measure(s) The following mitigation measures would reduce the above impact to a less-than- significant level.
4.3-2(a) Prior to ground-disturbing activities, a qualified biologist shall conduct rare plant surveys of all areas to be disturbed. Surveys shall be conducted during the appropriate phenological period to properly identify all special-status plant species that may occur on the project site, and shall be done in accordance with standard California Native Plant Society and California Department of Fish and Game protocols. If no special-status plants are identified on the project site, no impacts to special-status plants are expected to occur and no additional mitigation is required.
4.3-2(b) If special-status plants are identified on the project site, the applicant shall consult with the California Department of Fish and Game under Section 1913 of the California Native Plant Protection Act to develop additional species-specific mitigation measures. Measures may include seasonal construction restrictions,
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boring below rare plant populations, erection of protective barriers, collection and relocation of individual plants or seeds, site monitoring during construction, site restoration, and implementation of construction practices that will avoid specific areas.
4.3-2(c) If direct impacts will occur, compensation for the loss of rare plants shall be developed in consultation with the California Department of Fish and Game. Compensation measures are expected to be a combination of the relocation, propagation, and establishment of new populations in conservation areas within the project site, or the acquisition of habitats in approved off-site habitat preservation areas.
4.3-3 Impacts to raptors and migratory birds.
Nesting habitat for woodland raptors and other migratory bird species protected under the Migratory Bird Treaty Act and the California Fish and Game code exists on the site. Removal of trees that provide nest sites and construction activities near nest trees would impact these protected bird species. Therefore, a potentially significant impact would result.
Mitigation Measure(s) Implementation of the following mitigation measures would reduce the impact to a less- than-significant level.
4.3-3 The applicant, in consultation with the California Department of Fish and Game, shall hire a qualified biologist to conduct a pre-construction breeding season survey (February 1 through August 31) within 30 days prior to vegetation clearing, issuance of building permit, or grading permit. The survey area shall include the construction site and the immediate vicinity to determine if any birds of prey are nesting on or directly adjacent to the construction site. If the pre-construction survey identifies any nesting raptor species, the active nests shall be marked on a map. A non-disturbance buffer zone shall be delineated in the field by highly visible temporary construction fencing and construction activity shall not be permitted within the buffer zone during the nesting seasons. The size of the non-disturbance buffer zone shall be determined by the biologist in consultation with the California Department of Fish and Game. If nesting raptor species are not identified in the pre-construction survey, further mitigation is not required.
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4.3-4 Impacts to the Silver-haired bat.
The Silver-haired bat (Lasionycteris noctivagans) is listed as a California Department of Fish and Game Special Animal. The bat roosts in abandoned woodpecker holes, under bark, and occasionally in rock crevices. This bat often forages in open wooded areas near water features. Suitable roosting and foraging habitat for this species exists on the project site. Removal of trees for development could result in the take of bats. Therefore, a potentially significant impact would occur.
Mitigation Measure(s) Implementation of the following mitigation measures would reduce the impact to a less- than-significant level.
4.3-4(a) Pre-construction surveys shall be conducted by a qualified biologist in order to identify bat use of trees or structures that will be removed or sealed off, including the on-site mine shaft. If a tree or structure is not inhabited by bats or does not offer suitable bat roosting habitat, it may be removed without impacting roosting bats. Any trees or structures that are inhabited by bats may be removed during the non-nesting season (September 1 through April 1), and only after a qualified biologist has excluded bats from the tree or structure by installing exclusion devices during the night when the roost is unoccupied.
4.3-4(b) Trees or structures that contain suitable habitat shall be removed or sealed off between September 1 and April 1. If tree or structure removal or sealing of the mine shaft must occur within the bat breeding season (April through August), potential maternity roost areas shall be made inaccessible to bats prior to April 1 by placing sheet plastic over the potential roost sites.
4.3-5 Impacts to oak woodlands.
The Oak Woodland Assessment prepared for the project site determined that the average canopy cover of oak trees on the project site, other than California black oak, is approximately 9.5 percent. The CDFG Code Section 1360(h) defines oak woodland as an oak stand containing greater than 10 percent oak canopy cover or an oak stand that has historically supported greater than 10 percent oak canopy cover. The proposed project site is located at approximately 2,600 feet above sea level (asl), which is above the 2,500- foot asl upper extent for typically defined oak woodlands in the Central Sierra Region. In addition, the project site contains abundant conifers, which are not typically associated with oak woodlands. The project site would not be classified as oak woodland because the oak canopy cover is less than 10 percent, the project site is located more than 2,500 feet asl, and the site contains abundant conifers; therefore, a less-than-significant impact to oak woodlands would occur.
Chapter 4.3 – Biological Resources 4.3 - 30 DRAFT EIR PINE ACRES NORTH NOVEMBER 2009
Mitigation Measure(s) None required.
Cumulative Impacts and Mitigation Measures
4.3-6 Cumulative loss of biological resources in Amador County and the effects of ongoing development in the region.
The project site consists of habitat types including agricultural and open space, with residential and commercial areas in surrounding areas. The site includes biological communities that could provide habitat and foraging areas for endangered, threatened, and special-status animal species. Many of the sensitive habitats and species found on- site are a concern in Amador County. Population growth and large amounts of clearing for new roads and urban development within the next 20 years could likely be experienced regionally in Amador County as well. Therefore, the cumulative impact on the environment must consider not only development within the project site, but also those developments occurring in surrounding cities and counties.
Impacts that could occur as a result from the implementation of the proposed project include disturbance to special-status plant and wildlife species. While additional impacts may result from the implementation of other projects within Amador County and surrounding areas, mitigation would be required of any discretionary projects impacting natural resources. The impacts would be adequately addressed by the establishment of mitigation measures, such as those recommended in this document. With these measures in place the proposed project would not have substantial adverse effects to the populations of the special-status species, migratory birds, and sensitive habitats, and therefore less-than-significant cumulative impacts are expected.
Mitigation Measure(s) None required.
Endnotes
1 Sycamore Environmental Consultants, Inc., Biological Resources Evaluation Report for Pine Acres North, September 8, 2006. 2 Gibson & Skordal, LLC, Jurisdictional Delineation and Special Status Species Evaluation, November 2008. 3 Ronald P. Monk Consulting, Memorandum re: Pine Acres North Subdivision EIR /APN 038-170-014, et al/Oak Woodlands Protection. March 26, 2008.
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