BLUE CONSULTING GROUP BIOLOGY  LAND USE &  ENTITLEMENTS

BIOLOGICAL RESOURCES REPORT FOR THE

PACIFIC INDUSTRIAL #1 PROPERTY

SAN MARCOS, CA

Update: April 28, 2015 October 12, 2012

 P.O. BOX 501115 SAN DIEGO, CA 92150 1 858.391.8145  [email protected]

BIOLOGICAL RESOURCES REPORT FOR THE PACIFIC INDUSTRIAL #1 PROPERTY SAN MARCOS, CA

Prepared For:

Pacific Industrial No. 1 LLC 105 South Pacific Street San Marcos, CA 92069

Update April 28, 2015 October 12, 2012

Prepared By:

Michael K. Jefferson Senior Biologist BLUE Consulting Group

P.O. Box 501115 San Diego, CA 92150 (858) 391-8145

TABLE OF CONTENTS

Summary of Findings 3 Introduction 4 Survey Methods 4 Existing Conditions 5 A. Topography and Soils 5 B. Botany 5 C. Zoology 6 D. Sensitive Biological Resources 7 E. Wetlands and Non-Wetland Jurisdictional Waters 11 Proposed Project Impacts / Alt. with Buffer Impact Analyis 12 A. Plant Community Impacts 14 B. Wildlife Impacts 14 C. Sensitive Biological Resources Impacts 15 D. Jurisdictional Wetlands and Waters of the U.S. 15 Mitigation Measures 16 A. Plant Communities 16 B. Sensitive Plant Species 16 C. Sensitive Wildlife Species 16 D. Jurisdictional Waters 17 References Cited 18 Certification 21 5

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TABLE OF CONTENTS (cont.) FIGURES 1: Regional Project Location follows page 4 2: Project Location follows page 4 3: Aerial View follows page 4 4: Habitat and Sensitive Species Observed On-Site follows page 6 5: Proposed Development Impact Footprint follows page 12 6: Alternative Preserve and Buffer, Reduced Footprint follows page 13

TABLES 1: Plant Communities page 6 2: Sensitive Plant Species Observed or with the Potential for Occurrence follows page 11 3: Sensitivity Codes follows page 11 4: Sensitive Wildlife Species Potentially Occurring follows page 11 5a: Proposed Project Plant Community Impacts 12 5b: Proposed Project Rare/Sensitive Species Impacts 12 6a: Alternative-Onsite Preserve and Buffer; Plant Community Impacts 13 6b: Alternative-Onsite Preserve and Buffer; Rare/Sensitive Species Impacts 13

PHOTOGRAPHS 1: Looking north across the property from Grand Ave. follows page 6 2: Looking south east across the property from the North West corner follows page 6 3: Looking east across the northern property line follows page 6 4: Sensitive species onsite follows page 6 5: Orcutt’s brodiaea, close-up follows page 9 6: Thread-leaved brodiaea, close-up follows page 9

ATTACHMENTS 1: Plant Species Observed 2: Wildlife Species Observed/Detected 3: Protocol Wet Season Vernal Pool Survey Report 4: Protocol Dry Season Vernal Pool Survey Report 5: “Feasibility Analysis Pacific Industrial Lot 39” (dated, February 5, 2011) 6: California Endangered Species Act (CESA) Application 7: California Endangered Species Act (CESA), Letter of Complete Application

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Summary of Findings

The approximately 2.77 acre Pacific Street property is located in the City of San Marcos. The purpose of this report is to determine the total acreage, type of vegetation/habitat, and what, if any, sensitive or rare species may be impacted as a result of the proposed grading plan as well as assess any potential significant impacts and recommend measures to avoid, minimize, and/or mitigate significant impacts consistent with federal, state, and local rules and regulations including the Federal Endangered Species Act (FESA), the California Environmental Quality Act (CEQA), and the City of San Marcos.

The site is within the developed and improved frontage of Grand Avenue and is currently an open lot dominated by disturbed habitat supporting non-native grasslands. Three sensitive biological resources (sensitive plant species) were observed onsite, thread leaved brodiaea (Brodiaea filifolia), Orcutt’s brodiaea (Brodiaea orcuttii) and San Diego gumplant (Grindelia hirsutula var. hallii). Thread leaved brodiaea (Brodiaea filifolia) is a local/state and federally protected species; the observed population is not within an area designated as USFWS ‘critical habitat’ (Federal Register, USFWS; 2011). Orcutt’s brodiaea and San Diego gumplant are not listed as a Federal or State regulated species, but are California Native Plant Society (CNPS) listed species.

The proposed project would potentially result in significant impacts to the non-native grasslands, San Diego gumplant, Orcutt’s brodiaea and thread-leaved brodiaea and shall require mitigation to reduce the impact(s) to a level below significance. The proposed mitigation involves offsite purchase of non-native grasslands mitigation credits and transplanting all Brodiaea sp. observed onsite to existing, managed habitat preserves which currently support the species in the City of San Marcos. The thread-leaved brodiaea would be transplanted from its’ current USFWS non-listed ‘critical habitat’ location to a preserve (Loma Alta-Santalina) that is listed within the USFWS “critical habitat’ area (Federal Register, USFWS; 2011).

As potential impacts to a federally listed species, thread-leaved brodiaea, are proposed an initial alternative was prepared and analyzed (biologically and economically) which preserves the population intact onsite and creates an approximately 100 foot deep buffer between the proposed development (significantly reduced footprint and access potential) and the outer edge of the population. The proposed Alternative which creates the onsite preserve and buffer absorbs approximately 37.5% of the property and renders the remaining buildable area so small that the property’s developability is no longer financially equitable. The complete report and analysis has been included in the Appendices.

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Introduction

The property is located in the heart of San Marcos, immediately south of State Highway 78 and immediately north of the intersection of Pacific Street and Grand Ave. (Figures 1, 2, and 3). The property is surrounded on all sides by development, including the City of San Marcos approved SDP 06-322 HLP (2010) adjoining property to the north. The 2.77 acre parcel/property abuts the maintained City of San Marcos Road Right of Way for Grand Ave. and Pacific Street, which totals approximately 0.19 acres. The project will be utilizing these 0.19 acres so the area analyzed totals 2.96-acres. This report describes the existing biological resources, the potential for significant biological impacts, and the potential mitigation measures required if those sensitive habitats were to be impacted.

Survey Methods

BLUE Consulting Group (BLUE) senior biologist, Mike Jefferson, conducted the general, sensitive and rare vegetation and zoology surveys on June 25, 2009, January 11th, 2010, May 14, 2010 and June 10th 2010. The general, sensitive and rare vegetation and zoology surveys were completed again in 2012 (May 18, June 4 and June 20) to identify the location and number of the blooming brodiaea population onsite. Victor Novik (10(a)(1)(A) Permit # TE 069534-0) completed the protocol wet season vernal pool survey (Attached; March, 2008) and Chuck Black completed the dry season vernal pool basin survey (10(a)(1)(A) Permit # TE 835549-5; Attached; July, 2008).

Survey methods for the wet season vernal pool survey followed those outlined in the Year 1996 Interim Survey Guidelines to Permittee’s for Recovery Permits under Section 10(a)(1)(A) of the Endangered Species Act for the Listed Vernal Pool Branchiopods (USFWS 1996).

 Surveys were conducted after initial storm events to determine when pools/swales have been inundated. A pool/ swale is considered inundated when it holds greater than 3 cm of standing water 24 hours after a rain event.

 Pools/swales were adequately sampled once every two weeks, beginning no later than two weeks after the initial inundation and continued until the pools/swales were dry.

 The edges, bottoms (if accessible), and water column were all sampled using an aquarium net.

Survey methods for the dry season vernal pool survey; Soil Processing for Cyst Presence involved the following:

Individually packaged approximately 200 ml dry soil samples are each hydrated for approximately 12 hours in tap water then washed through a set of sieves. Material passing through a Number 45 (.0139”) USA Standard Testing Sieve, A.S.T.M.E.-11 specification and caught on a Number 70 (.0083”) Sieve was rinsed into a container with approximately 50 ml of a saturated brine solution to float organic material, including fairy shrimp cysts. The material floating on the brine was decanted onto a paper filter on a filter funnel, and water was removed through the filter paper by vacuum suction. The material left on the paper was examined under a 6.3-570x power Olympus SZX9 Zoom Stereo Microscope. Distinctive fairy shrimp cysts, if present, were counted. Numbers of ostracode (seed shrimp) shells from samples, if present, were estimated.

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General and sensitive species survey methods:

Animal species observed directly or detected from calls, tracks, scat, nests, or other sign were noted. All plant species observed on-site were also noted, and plants that could not be identified in the field were identified later using taxonomic keys. The site visit included a directed survey for sensitive plants, specifically Brodiaea sp, which would be apparent at the time of the surveys; either vegetatively or in flower. Vegetation was mapped in the field on a 1"=100' topographic map of the site with the aid of a February 2008 1" = 200' aerial photograph. Limitations to the surveys were few. All plants occurring on site should have been observable. The general zoology survey did not include trapping for rodents or reptiles, some species of which are highly likely to occur but were not observed. Because surveys were performed in daylight, nocturnal animals were not directly observed.

Floral nomenclature for common plants follows Hickman (1993). Plant community classifications follow the California Natural Diversity Data Base (NDDB) (Holland 1986). Zoological nomenclature for birds is in accordance with the American Ornithologists’ Union Checklist (1998); for mammals, Jones et al. (1982); and for amphibians and reptiles, Collins (1997). Assessments of the sensitivity of species and habitats are based primarily on the Final Multiple Habitat Conservation Program (2009), Skinner and Pavlik (1994), State of California (2010), U.S. Fish and Wildlife Service (1997), and Holland (1986).

Existing Conditions

A. Topography and Soils

The property is flat with a gradual slope, from the north to the south. Elevations on-site range from approximately 556 feet above mean sea level (MSL) along the western property line (adjacent to Pacific Street) to 553 feet MSL on the eastern property line.

Soils onsite are comprised solely of Las Flores loamy fine sand (2%-9% slopes). The northern portion of the property is utilized as a driveway accessing the parcel to the north coming off of Pacific Street. This has created a compacted soil depression zone which is now the low point onsite.

B. Botany

As the site is surrounded by heavy industrial development and has been publically used since farmed, the habitat is highly disturbed and is comprised predominately of annual non-native grasses (species including wild oats, brome grasses, pin clover, curly dock (rumex crispus) black mustard (Brassica nigra), ice plant, castor bean (Ricinus communis), prickly lettuce (Lactuca serriola), Mexican tea (Chenopodium ambrosioides), and sweet fennel (Foeniculum vulgare). In the northern portion of the site with the lowest elevation (compressed soil), amongst the annual grasses, short woollyheads (Psilocarphus brevissimus) Nutt., Distichlis spp., western ragweed (Ambrosia psilostachya) and curly dock (Rumex crispus) were found (Photographs 1-4).

It appears that as this is an almost flat property, which has not been graded to sheet flow the ephemeral rain water off (and into the surrounding storm water system), rain tends to pond after rain events in the area historically utilized as a driveway (compacted soils and topographical low point onsite). This lack of a functioning the drainage system appears to potentially allow standing water to accumulate on the

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subject property and allow the observed Distichlis spp., ragweed and curly dock to persist. The area does not represent a wetland due to the nature of the site, soils type, and species composition. Protocol vernal pool surveys (both wet season and dry season studies) were conducted and it has been determined that no vernal pools are present onsite (no sensitive or rare species observed).

TABLE 1 PLANT COMMUNITIES

Plant Community Acres

Non-Native Grasslands (onsite) 2.77

Developed/Disturbed Habitat (City ROW) 0.19

TOTAL 2.96

A total of 29 plant species were identified on the site. Of this total, 12 (41 percent) are species native to southern California and 17 (59 percent) are introduced species.

1. Non-Native Grassland (2.77 acres)

Non-native grassland is composed of annual grasses often associated with numerous species of showy- flowered native annual forbs. Characteristic species include wild oats, foxtail chess, ripgut grass, ryegrass, and mustard. Most of these species originated from the Mediterranean region, similar to California, making it easy for them to thrive. Plant germination in these grasslands occurs with the onset of the late fall rains, well before many native forbs have sprouted; giving the non-natives a competitive head start in growth. The plants are usually dead through the dry season, persisting as seeds.

Onsite, the non-native grassland is highly disturbed from the historic farming and current general passive use as evidenced by piles of debris, tire tracks/ruts and indications of public general use. Plant species common in the non-native grassland onsite include predominately of annual non-native grasses (species including wild oats, brome grasses, pin clover, curly dock (rumex crispus) black mustard (Brassica nigra), ice plant, castor bean (Ricinus communis), prickly lettuce (Lactuca serriola), Mexican tea (Chenopodium ambrosioides), and sweet fennel (Foeniculum vulgare). In the portion of the site with the lowest elevation (compressed soil), amongst the annual grasses, short woollyheads (Psilocarphus brevissimus) Nutt. Distichlis spp., western ragweed (Ambrosia psilostachya) and curly dock (Rumex crispus) were found (Figure 4). In addition, Orcutt’s brodiaea (Brodiaea orcuttii) and Thread-leaved brodiaea (Brodiaea filifolia), were observed onsite (see Sensitive Species Section)

Impacts to this habitat would be considered significant, and mitigation at a ratio of 0.5:1 would be recommended.

2. Developed/Disturbed Habitat (0.19 acres)

As defined in the Multiple Species Conservation Plan (MSCP), disturbed lands may be those areas that have greater than 10% cover of non-native species, but where there is evidence of soil disturbance and/or

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compaction. It is evident that this area was developed for the adjacent curb improvements along Grand Avenue and Pacific Street and is routinely utilized by pedestrian traffic and generally disturbed as evidenced by routine maintenance for weed control. Plant species common in the disturbed areas include predominately of annual non-native grasses (species including wild oats, brome grasses, pin clover, black mustard (Brassica nigra), ice plant, castor bean (Ricinus communis), prickly lettuce (Lactuca serriola), Mexican tea (Chenopodium ambrosioides), and sweet fennel (Foeniculum vulgare).

Impacts to this habitat would not be considered significant, and mitigation would not be recommended at this time.

C. Zoology

The property supports low quality habitat for wildlife species due to the fact that property has been consistently disturbed. Due to the high level of disturbance on-site, in conjunction with the fact that the surrounding area is completely developed, there is no potential for sensitive wildlife species to occur on- site.

1. Amphibians

Most amphibians require moisture for at least a portion of their lifecycle, with many requiring a permanent water source for habitat and reproduction. Terrestrial amphibians have adapted to more arid conditions and are not completely dependent on a perennial or standing source of water. These species avoid desiccation by burrowing beneath the soil or leaf litter during the day and during the dry season.

The general biological surveys as well as the protocol vernal pool surveys conducted have determined that no appropriate habitat was observed onsite; no sensitive amphibians were detected or expected to occur on-site.

2. Reptiles

The diversity and abundance of reptile species varies with habitat type. Many reptiles are restricted to certain plant communities and soil types although some of these species will also forage in adjacent communities. Other species are more ubiquitous, using a variety of vegetation types for foraging and shelter.

A western fence lizard (Sceloporus occidentalis) was detected in the southern portion of the site, within the sidewalk easement. No sensitive reptile species were detected, or are expected to occur on-site.

3. Birds

The diversity of bird species varies with respect to the character, quality, and diversity of plant communities present on a site. Birds observed on-site include the mourning dove (Zenaida macroura) and crows.

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4. Mammals

Open areas, even highly disturbed areas, typically provide cover and foraging opportunities for a variety of mammal species. Most mammal species, such as rodents, are nocturnal and are difficult to detect during daytime surveys.

Historic signs of gophers were evident from existing burrows throughout the property. No active current burrowing activity was observed. No other mammals or signs of mammals (sensitive or otherwise) were observed or are expected to occur on-site.

D. Sensitive Biological Resources

State and federal agencies regulate sensitive species and require an assessment of their presence or potential presence to be conducted on-site prior to the approval of any proposed development on a property. For purposes of this report, species will be considered sensitive if they are: (1) listed or proposed for listing by state or federal agencies as threatened or endangered; (2) on List 1B (considered endangered throughout its range) or List 2 (considered endangered in California but more common elsewhere) of the California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Vascular Plants of California (Skinner and Pavlik 1994); (3) included on the Draft Habitat Management Plan (SAP) or Multiple Habitat Conservation Program (MHCP) list of species evaluated for coverage or list of narrow endemic plant species; or (4) considered fully protected, sensitive, rare, endangered, or threatened by the State of California (2009) and Natural Diversity Data Base (NDDB) (State of California 2009), or other local conservation organizations or specialists. California fully protected is a designation adopted by the State of California prior to the creation of the State Endangered Species Act and is intended as protection from harm or harassment.

Noteworthy plant species are considered to be those which are on List 3 (more information about the plant’s distribution and rarity needed) and List 4 (plants of limited distribution) of the CNPS Inventory. Sensitive habitat types are those identified by the NDDB (State of California 2009), Holland (1986) and/or those considered sensitive by other resource agencies.

The MHCP is a comprehensive, multi-jurisdictional habitat conservation plan which was approved in 2003 for northwestern San Diego County (San Diego Association of Governments [SANDAG] 2003). In addition to the City of San Marcos, participating jurisdictions include the cities of Vista, San Marcos, Escondido, Encinitas, Carlsbad, and Solana Beach. The City of San Marcos has drafted the Draft Sub-Area Plan (SAP) for Natural Communities in the City of San Marcos (SAP), a subarea plan of the MHCP (City of San Marcos 1999). The City’s Draft SAP designates a natural habitat preserve system and provides a regulatory framework for determining impacts and designating mitigation associated with proposed projects. Because the Cities Draft SAP is not formally approved and adopted, all projects are required to obtain applicable permits for impacts to listed species as per Section 4D (for coastal sage impacts, through the I- 122 process), 10(a) or Section 7 of the federal Endangered Species Act.

The multi-jurisdictional MHCP document identifies a series of focused planning areas within which some lands will be dedicated for preservation of native habitats. These areas contain “hard line” areas which will be preserved as open space, “soft line” areas which will include both development and open space to

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be determined through the planning process and finally, “Major Amendment Areas” (see below). Because the City of San Marcos does not have an approved SAP, the mitigation requirements for impacts to the biological resources are based on ratios provided by the approved MHCP (2003).

“Major Amendment lands are privately held properties with sensitive resources that are not included in the Subarea plan. Prior to inclusion of these lands in the Subarea Plan additional CEQA review is required to determine compatibility with the goals and policies of the Subarea Plan with any proposed development on those lands. Only one area in the City is designated as a major amendment area, the San Marcos Vernal Pools located in the “Business-Industrial District” General Plan Community. These parcels may be amended to the Subarea Plan individually or as a whole. Narrow Range Endemic conservation standards shall apply to this area upon annexation to the City as long as those standards do not result in a taking of private property” (City of San Marcos, 2001).

The designated Major Amendment lands were identified as a result of historically observed vernal pools onsite. While lands have been identified to support vernal pools within the City, no citation within the Subarea Plan or in the reference section of the Plan listed the source of the observations.

The property is within an area that would be considered a Major Amendment Area (if the plan were not altered) at the time the San Marcos Subarea Plan is approved.

Determination of the potential occurrence for listed, sensitive, or noteworthy species are based upon known ranges and habitat preferences for the species (Zeiner et al. 1988a, 1988b, 1990; Skinner and Pavlik 1994; Reiser 1994); species occurrence records from the NDDB (State of California 2006); and species occurrence records from other site in the vicinity of the project site.

1. Sensitive Plant Communities and Habitats

A single plant communities was observed onsite that is considered sensitive by the approved MHCP, NDDB (State of California 2010), Holland (1986), and/or state and federal resource agencies: Non-Native Grassalnds (Figure 4). A full protocol vernal pool survey was completed; including both wet and dry season testing. Victor Novik (10(a)(1)(A) Permit # TE 069534-0) completed the protocol wet season vernal pool surveys (Attached; March, 2008) and Chuck Black completed the dry season testing (10(a)(1)(A) Permit # TE 835549-5; Attached; July, 2008).

No other sensitive plant communities or habitats, including vernal pool basins, were observed or are expected to occur on the subject parcel. While woolly marbles (Psilocarphus brevissimus) were observed onsite, it was associated with the areas supporting the saturated soils and curly dock vegetation. No vernal pool specific species were observed onsite.

2. Sensitive Plants

Three sensitive plant species were observed on-site during the surveys conducted by BLUE.

Orcutt’s brodiaea (Brodiaea orcuttii ), a monocot, is a perennial herb (bulb) that is native to California and to Baja California. It is included in the CNPS Inventory of Rare and Endangered Plants on list 1B.1 (rare, threatened, or endangered in CA and elsewhere).

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Typical Habitat: Vernally moist grasslands, mima mound topography, and the periphery of vernal pools are all preferred habitat for this corm. Soils include Stockpen gravelly loam on Otay Mesa and Redding gravelly loam on Mira Mesa. Orcutt's Brodiaea will occasionally occupy streamside embankments. In vernal pool locales Orcutt's Brodiaea will usually grow in the swales leading into the more developed pools, and on the lower flanks of small mima mounds.

Onsite: During the May- June 2010 rare plant surveys (completed specifically for identifying potential brodiaea spp.), a population of approximately 1300 individuals (Photograph 5) was identified and the individual and clusters of individual locations at the perimeter of the area supporting the population were marked with a Yellow pin flags.

The observed Orcutt’s brodiaea population onsite was generally observed over much of the property; with occasional individuals between the larger more concentrated areas at the edge of the population and in the northern portion of the property. An area totaling approximately 1.41 acres supporting approximately 1300 flowering individuals was observed.

Thread-leaved brodiaea (Brodiaea filifolia), a monocot, is a perennial herb (bulb) that is native to California and is endemic (limited) to California alone. It is included in the CNPS Inventory of Rare and Endangered Plants on list 1B.1 (rare, threatened, or endangered in CA and elsewhere). It is listed by the State of California as Endangered (Jan 1982) and by the Federal Government as Threatened (Oct 13,1998).

Typical habitat: Vernally moist grasslands and the periphery of vernal pools are the typical locales where this species has been found. Species such as Sisyrinchium bellum and Nassella pulchra may grow nearby. The Darwin Drive (Diablo Clay) and El Camino Real (Altamont Clay) sites were largely devoid of shrubs and were situated in annual grasslands which may have been heavily grazed in the distant past.

Onsite: During the May- June 2010 and 2012, rare plant surveys (completed specifically for identifying potential looming brodiaea spp.), a population of approximately 300 individuals (Photograph 6) was identified and the individuals location(s) were marked with a Red pin flag. The observed population was concentrated within a 0.14 acre rectangular shaped area adjacent to Pacific Ave. No Sisyrinchium bellum or Nassella pulchra was observed.

Orcutt’s brodiaea can be clearly identified relative to other species of brodiaea by its distinct lack of the sterile staminodia. Conversely, Brodiaea filifolia is positively identified by its’ filiform and inconspicuous staminodia.

As discussed in the USFWS issued Endangered and Threatened Wildlife and Plants; Final Revised Critical Habitat for Brodiaea filifolia (Thread-Leaved Brodiaea); Final Rule (Federal Register / Vol. 76 , No. 26 / Tuesday, February 8, 2011), the observed population is not within an area identified as a ‘critical habitat’.

Further, the observed population, its’ location and long-term value does not meet the physical and biological features identified (by USFWS) as essential to the conservation of B. filifolia that may require special management considerations or protection. It has been determined that the lands which have been designating as being within the revised critical habitat are adequate to ensure conservation of B. filifolia.

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San Diego gumplant (Grindelia hirsutula var. hallii), a dicot, is a perennial herb that is native to California and is endemic (limited) to California alone. It is included in the CNPS Inventory of Rare and Endangered Plants on list 1B.2 (rare, threatened, or endangered in CA and elsewhere).

Typical habitat: Montane meadows and lower montane Coniferous Forest, typically with sunny openings, are the preferred habitat for this species. Boomer stony loam is one soil type utilized by this sticky biennial herb. This gumplant prefers locales which are quite wet in the early spring, although such locales usually dry quickly as spring turns to summer.

Onsite: While the onsite population is concentrated in the north west portion of the property, it was generally observed across the north western portion of the property in those areas that were not as saturated as the area supporting curly dock (rumex crispus), but not within the drier (slightly higher elevation) areas of the property. Approximately 70 individuals were observed within the relatively concentrated area in which they were observed.

No other sensitive plant species are expected to occur as a result of the high levels of disturbance. Several other sensitive plant species are known to occur in the vicinity of the project site, but were not observed during sensitive plant surveys. Table 2 summarizes the status, habitats, and likelihood of occurrence for these species (see table 3 for explanation of sensitivity codes).

2. Sensitive Wildlife

No wildlife species that are considered sensitive by resource agencies were observed on-site during the surveys. A current records review of the rare or sensitive wildlife species have been historically recorded in the area indicates that the American badger (Taxadea taxus) has been observed locally (MHCP, CNDDB). This species or any other potential sensitive wildlife species is not expected to occur as a result of the high levels of disturbance/lack of habitat. Several other sensitive species are known to occur in the vicinity of the project site, but were not observed. Table 4 summarizes the status, habitats, and likelihood of occurrence for these species.

3. Wildlife Movement Corridors

Wildlife movement corridors are defined as areas that connect suitable wildlife habitat areas in a region otherwise fragmented by rugged terrain, changes in vegetation, or human disturbance. Natural features such as canyon drainages, ridgelines, or areas with vegetation cover provide corridors for wildlife travel. Wildlife movement corridors are important because they provide access to mates, food, and water; allow the dispersal of individuals away from high population density areas; and facilitate the exchange of genetic traits between populations. Wildlife movement corridors are considered sensitive by the City of San Marcos and resource and conservation agencies.

The project site is currently surrounded by dense development in all directions which precludes movement of wildlife (aside from avian species). The project will not impact a wildlife movement corridor.

E. Wetlands and Non-Wetland Jurisdictional Waters

No wetlands, waters or jurisdictional areas were observed onsite.

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Proposed Project Impact Analysis

The site is planned to be utilized as an industrial/commercial office building. Figure 5 illustrates the location and potential impacts of the proposed development.

Of the properties approximately 2.96 acres (including the 0.19 acres within the City Right Of Way; ROW), all 2.96 acres will be impacted by the proposed development (Table 5).

TABLE 5a PROPOSED PROJECT

HABITAT IMPACTS

Existing (acres) Impacted (acres)

Non-Native 2.77 2.77 Grasslands (onsite)

Developed/Disturbed 0.19 0.19 Habitat (City ROW)

Total (acres) 2.96 2.96

TABLE 5B PROPOSED PROJECT

RARE/SENSITIVE SPECIES IMPACTS

Onsite (acres) Impacted (acres)

Thread-Leaved 0.14 0.14 Brodiaea

Orcutt’s Brodiaea 1.41 1.41

San Diego Gum Plant 0.07 0.07

Total (acres) 2.22 2.22

The biological impacts of the project were assessed according to guidelines set forth in the draft North County MHCP and CEQA. The guidelines provide standard mitigation for impacts to sensitive habitats, sensitive species, and wetlands. Mitigation is required for impacts that are considered significant under CEQA guidelines.

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100’ Buffer Alternative Project Impact Analysis

As previously described, an analysis of the complete build-out of the property (proposed project) and a 100’ buffer + reduced build-out (alternative) financial valuation comparison was completed in the attached February of 2011 “Feasibility Analysis Pacific Industrial Lot 39” to determine how a buffer protecting the thread-leaved brodiaea would affect the current potential developability, usability and profitability of the parcel (attached). Figure 6 illustrates the location and potential impacts of the buffer + reduced development footprint.

Due to the presence of the federally protected thread-leaved brodiaea, a buffer approximately 100 feet deep (from the outer edge of the identified population) was created around the thread-leaved population, separating it from the alternatively proposed reduced development footprint. Due to the location of the population, immediately adjacent to Pacific Street and within the Master Planned ‘to-be-improved’ sidewalk easement, a buffer completely surrounding the population cannot be achieved. This analysis was completed to have an understanding of the financial ramifications of preserving the population onsite vs. transplanting the populations off-site.

Tables 6a and 6b detail the area, habitat and species which would be preserved within the 1.11 acre buffer (38% of the property) and reduced development Alternative within the properties 2.96 acres.

TABLE 6a 100’ BUFFER ALTERNATIVE PROJECT HABITAT IMPACTS/PRESERVATION Onsite/ROW (acres) Impacted (acres) Preserved (acres)

Non-Native Grassland 2.77 1.85 1.11

Developed/Disturbed 0.19 0.13 0.06 Habitat (City ROW)

Total (acres) 2.96 1.98 1.17

TABLE 6B 100’ BUFFER ALTERNATIVE PROJECT RARE/SENSITIVE SPECIES IMPACTS/PRESERVATION Onsite (acres) Impacted (acres) Preserved (acres)

Thread-Leaved 0.14 0.0 0.14 Brodiaea

Orcutt’s Brodiaea 1.41 1.04 0.37

San Diego Gum Plant 0.07 0.0 0.07

Total (acres) 1.62* 1.04* 0.58*

*Overlap in population footprint skew total acreage preserved when calculated as separate populations.

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This preserved population and buffer would preserve the entire observed population of the thread- leaved brodiaea, but significant impacts to Orcutt’s brodiaea requiring mitigation would still occur.

In summary, the completed feasibility study for lot 39 comparing the two development plans determined that with the Preserve and Buffer alternative, the development of the property would not be financially viable; Plan 1 being the Preferred Proposed Alternative and Plan 2 representing the On-Site Preserve and Buffer Alternative.

Plan 1 would allow for approximately 31,776 sf. of building area utilizing the entire lot. The Buffer Alternative, Plan 2, would allow for approximately 19,200 sf. of building area and creates a 1.11 acres preserve/buffer zone between the developed area and the existing thread leaved brodiaea (totaling a 134 foot wide strip of preserved habitat or 1.11 acres). Both plans were designed incorporating City of San Marcos development requirements. The analysis is based on current costs obtained from local contractors for site improvements and tilt up building construction. The land value and sales price is based on a current market analysis provided by Cassidy Turley brokers.

Plan 1; complete build out: upon completion will yield a profit of $136,058.00.

Plan 2; buffer alternative: upon completion will result in a loss of $570,812.00

As such, due to the significant loss of area, the loss of access to the parcel from Pacific Street, the restricted access off of Grand Ave, the cost of maintaining the buffer around ½* of the population of thread leaved brodiaea is approximately $706,870.00. *Only half of the population can be protected by a buffer as it is immediately adjacent to the built out Pacific Ave (onsite and within the side walk easement).

Therefore, the onsite preservation of the thread leaved brodiaea and the required buffer would so significantly reduce the allowable building area, increase the square foot cost of the project and decrease its market value to the point that it renders the property undevelopable.

A. Proposed Project Plant Community Impacts

The proposed project will impact all of the properties 2.77 acres of Non-Native Grassland and 0.19 acres of Developed/Disturbed Habitat within the City ROW; totaling approximately 2.96 acres.

Impacts to non-native grasslands are considered significant, mitigation at a ratio of 0.5:1 is recommended.

Impacts to the Developed/Disturbed Habitat are not considered Significant and will not require mitigation.

B. Proposed Project Wildlife Impacts

The impact to common wildlife species will result from the permanent loss of 2.96 acres of Non-Native Grassland. Wildlife using the site will be displaced and some small mammals, amphibians, and reptiles with low mobility may be inadvertently killed during grading of the site. Impacts on general wildlife are considered less than significant.

Indirect impacts associated with project implementation include a potential increase in noise due to an increase in vehicular traffic, and an increase in litter, pollutants, and night lighting into adjacent wildlife

14

habitat. Because these impacts are not expected to reduce the wildlife populations of the area below self-sustaining levels, these impacts are considered less than significant.

C. Proposed Project Sensitive Biological Resources Impacts

The site is not within a designated Critical Habitat area for any listed species.

1. Sensitive Plant Communities

The proposed project will impact all of the properties 2.77 acres of protected, sensitive, Non-Native Grassland. These impacts are considered potentially significant and require mitigation. Mitigation at a ratio of 0.5:1 is recommended and may be completed in conjunction with the transplantation of the Brodiaea spp.

2. Sensitive Plants

Three sensitive plant species were observed onsite and will be completely impacted by the proposed project.

- Orcutt’s brodiaea, a CNPS 1B species, was observed onsite during the BLUE rare plant surveys. A conservative total of approximately 1300 flowering individuals within 1.41 acres were counted onsite. As a CNPS 1B species, impacts would be considered significant and mitigation will be required. - Thread-leaved brodiaea, a local/state/federally protected species, was observed onsite. The observed population is not within an area identified as USFWS designated ‘critical habitat’. The observed population of approximately 300 individuals was identified and the individual location(s) were marked with a Red pin flag. The observed population was concentrated within a rectangular shaped area 0.14 acres in size adjacent to Pacific Ave. Impacts would be potentially significant and mitigation will be required. - San Diego gumplant is a perennial herb that is native to California and is endemic (limited) to California alone. It is included in the CNPS Inventory of Rare and Endangered Plants on list 1B.2 (rare, threatened, or endangered in CA and elsewhere)

3. Sensitive Wildlife

No sensitive wildlife species were observed onsite. No sensitive wildlife species will be impacted, mitigation is not recommended at this time.

4. Wildlife Movement Corridor

The property does not currently support a wildlife movement corridor. The proposed development will not impact a wildlife movement corridor, mitigation will not be required.

D. Proposed Project Jurisdictional Wetlands and Waters of the U.S.

The property does not currently support any jurisdictional wetlands or vernal pools. The proposed development will not impact any jurisdictional wetlands or vernal pools; mitigation will not be required.

15

Proposed Project Mitigation Measures

Mitigation is required for impacts that are considered significant, including impacts to sensitive species, sensitive plant communities, and wetlands. Mitigation is intended to reduce significant impacts to a level of less than significant. Mitigation measures typically employed include resource avoidance, habitat replacement (creation and/or restoration), preserving and maintaining habitat on-site, or the paying of fees into a mitigation bank.

A. Plant Community Impacts

The proposed project will impact all of the properties 2.77 acres of protected, sensitive, Non-Native Grassland. These impacts are considered potentially significant and require mitigation. Mitigation at a ratio of 0.5:1 is recommended and totals 1.39 acres of required non-native grassland mitigation credits and/or as approved by the Wildlife Agencies.

B. Wildlife Impacts

The project will not incur significant impacts to wildlife. No species specific mitigation is required.

C. Sensitive Biological Resources

For the potentially significant impacts to thread-leaved brodiaea, Orcutt’s brodiaea and San Diego gumplant, the following mitigation measure is recommended:

As required, the observed population of Orcutt’s brodiaea shall be individually flagged (again, to account for pin flag loss or additional individuals) to the greatest extent possible (survey required prior to development), excavated and moved to the existing Rancho la Costa Habitat Conservation Area (HCA) located in the City of San Marcos. The Rancho La Costa HCA supports a large population of Orcutt’s brodiaea (both natural and previously transplanted) is an over 1,400 acre open space set aside by the Real Estate Collateral Management Company (RECMC), Brookfield Homes, and Scandia Development as mitigation for impacts to natural habitat as part of the Villages of La Costa and University Commons developments. The limits of the Preserve have been approved by the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) with the primary goal of protecting habitat of the federally listed coastal California gnatcatcher, as well as other listed species, and numerous sensitive plant and wildlife species that are covered under the Fieldstone Habitat Conservation Plan (HCP), the City of San Marcos’ MHCP Subarea Plan and Carlsbad’s Habitat Management Plan.

Through prior and ongoing consultation with the California Department of Fish and Wildlife (CDFW), this is the same mitigation measure required and completed for the approved project on the adjacent northern property line.

While the property supports no U.S. Fish and Wildlife determined ‘Critical Habitat” for any species, specifically Brodiaea filifolia, due to the fact that the thread-leaved Brodiaea filifolia is listed as a State Endangered species, a California Endangered Species Act (CESA) permit must be acquired from CDFG prior to any impacts.

16

A CESA permit application (attached) was completed and submitted to CDFG on February 20, 2012 and the written notification that the application was deemed complete was issued on April 5, 2012 (attached). The CESA permit cannot be issued prior to the CEQA process being completed (City approval through the Mitigated Negative Declaration process).

Through consultation and site visits with CDFG in support of the active CESA permit application, for the potentially significant impact to Brodiaea filifolia, the following mitigation measures are recommended:

As required, the observed population of thread leaved brodiaea shall be individually flagged (again) to the greatest extent possible (survey required prior to development), excavated and (ultimately) moved (transplanted) to the existing Baldwin Conservation Easement which is located within an area designated as Brodiaea filifolia ‘critical habitat’ by the USFWS, supports a large population of Brodiaea filifolia and is located in the City of San Marcos. Per discussions regarding the CESA permit, a portion of the Baldwin Conservation Easement area will be restored to a point that it has been determined by the project biologist that it is appropriate for the acceptance of the thread-leaved brodiaea corms which have, up until that point, been cared for in a nursery setting by qualified personnel.

Once the transplant to the Baldwin Conservation Easement has been completed, the prepared Long Tem Maintenance and Monitoring Plan (LTMMP), prepared by BLUE Consulting Group (BLUE; 12-1-2011, attached), will be implemented. This document identifies the requirements for the long-term management (maintenance and monitoring together) and protection of the biological resources within the existing Baldwin Conservation located in the City of San Marcos

Specific Transplantation Plans shall be prepared for each transplantation location and species and submitted to the City and Wildlife Agencies for staff approval prior to City approval of the project and issuance of the MND.

Mitigation for the loss of approximately 70 San Diego gumplant individuals shall be required in consultation with the City and Resource Agencies.

D. Jurisdictional Wetlands and Waters of the U.S.

The project will not incur significant impacts to Jurisdictional Wetlands and Waters of the U.S. No mitigation is required.

17

References Cited

American Ornithologists’ Union

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

Beier, P., and S. Loe

1992 A Checklist for Evaluating Impacts to Wildlife Movement Corridors. Wildlife Society Bulletin 20:434-440.

California, State of

2010a Special Plants List. Natural Diversity Data Base. Department of Fish and Game. January.

2010b State and Federally Listed Endangered and Threatened Animals of California. The Resources Agency, Department of Fish and Game. January.

2010c Special Animals. Natural Diversity Data Base. Department of Fish and Game. June.

2010 Natural Diversity Data Base. Nongame-Heritage Program, Department of Fish and Game, Sacramento.

City of San Marcos,

1999 Draft Habitat Management Plan for Natural Communities in the City of San Marcos. December.

City of San Marcos,

2001 Draft Habitat Management Plan for Natural Communities in the City of San Marcos. May.

Collins, J. T.

1997 Standard Common and Current Scientific Names for North American Amphibians and Reptiles. 4th ed. Herpetological Circular No. 25. Society for the Study of Amphibians and Reptiles, Department of Zoology, Miami University, Oxford, Ohio.

Federal Register / Vol. 76 , No. 26

2011 February 8 / Endangered and Threatened Wildlife and Plants; Final Revised Critical Habitat for Brodiaea filifolia (Thread-Leaved Brodiaea); Final Rule

Garrett, Kimball, and Jon Dunn

1981 Birds of Southern California. Artisan Press, Los Angeles.

Hickman, J. C. (editor)

18

1993 The Jepson Manual: Higher Plants of California. University of California Press, Berkeley and Los Angeles.

Holland, R. F.

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

Jones, J. K., D. C. Carter, H. H. Genoways, R. S. Hoffman, and D. W. Rice

1982 Revised Checklist of North American Mammals North of Mexico. Occasional Papers of the Museum, Texas Tech University 80:1-22.

Keeley, J. E.

1990 The California Valley Grassland. In Endangered Plant Communities of Southern California. Southern California Botanists, Special Publication No. 3, edited by A. A. Schoenherr. Claremont, California.

McGurty, B. M.

1980 Survey and Status of Endangered and Threatened Species of Reptiles Natively Occurring in San Diego, California. San Diego Herpetological Society.

National Geographic Society

1987 Field Guide to the Birds of North America. 2nd ed.

Noss, R. F., E. T. LaRoe, and J. M. Scott

1995 Endangered Ecosystems of the United States: A Preliminary Assessment of Loss and Degradation. United States Department of Interior, National Biological Survey, Washington, D.C.

RECON Environmental

2005 Vernal Pool Survey on APN 219-130-39, City of San Marcos. (May)

Reiser, C. H.

1994 Rare Plants of San Diego County. Aquafir Press, Imperial Beach, California.

San Diego Association of Governments [SANDAG]

2003 Multiple Habitat Conservation Program (MHCP).

Sawyer, J. O., and T. Keeler-Wolf

1995 A Manual of California Vegetation. California Native Plant Society. Sacramento.

19

Skinner, M., and B. Pavlik

1994 Inventory of Rare and Endangered Plants of California. California Native Plant Society Special Publication No. 1, 5th ed. Sacramento.

Stebbins, R. C.

1985 A Field Guide to Western Reptiles and Amphibians. 2nd ed., revised. Houghton Mifflin, Boston.

U.S. Geological Survey

1968 San Marcos quadrangle 7.5-minute topographic map. Photorevised 1975.

Unitt, P. A.

1984 Birds of San Diego County. Memoir No. 13. San Diego Society of Natural History.

Zeiner, D. C., W. F. Laudenslayer, Jr., and K. E. Mayer, eds.

20

Certification/Qualification

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

Signed:

Michael K. Jefferson

BLUE Consulting Group, LLC

21

Attachment 1

22 ATTACHMENT 1 PLANT SPECIES OBSERVED

Scientific Name Common Name Habitat Origin Amaranthus blitoides S. Wats. Pigweed, amaranth DH I Ambrosia psilostachya Western ragweed DH N Avena sp. Wild oats DH N Baccharis pilularis DC. Coyote bush DH N Baccharis sarathroides Broom baccharis DH N Brassica nigra (L.) Koch. Black mustard DH I Brodiaea orcuttii Orcutt’s brodiaea DH N Brodiaea filifolia Thread-leaved brodiaea DH N Bromus diandrus Roth. Ripgut grass DH I Bromus hordaceus L. Smooth brome DH I Bromus madritensis L. ssp. rubens (L.) Husnot Foxtail chess DH I Centaurea melitensis L. Tocolote, star-thistle DH I Chenopodium ambrosioides Mexican tea DH I Eriogonum fasciculatum Benth. var. fasciculatum California buckwheat DH N Eriophyllum confertiflorum (DC.) A. Gray var. confertiflorum Golden-yarrow DH N Erodium cicutarium (L.) L. Her. White-stemmed filaree DH I Foeniculum vulgare Mill. Fennel DH I Grindelia hirsutula var. hallii San Diego Gum Plant DH N Lactuca serriola Prickly lettuce DH I Medicago polymorpha L. California bur clover DH I Melilotus alba White sweet clover DH N Nicotiana glauca Grah. Tree tobacco DH I Psilocarphus brevissimus Woolley heads DH N Ricinus communis Castor bean DH I Rumex crispus Curly dock DH I Salsola tragus L. Russian thistle, tumbleweed DH I Schinus terebinthifolius Raddi Brazilian pepper tree DH I Urtica urens L. Dwarf nettle DH I Vulpia myuros (L.) var. hirsuta (Hackel.) Asch. & Graebr. Rattail fescue DH I Xanthium strumarium L. Cocklebur DH N

HABITATS OTHER TERMS

DH = Disturbed/Ruderal habitat N = Native to locality I = Introduced species from outside locality

Attachment 2

23

ATTACHMENT 2 WILDLIFE SPECIES OBSERVED/DETECTED

Evidence of Common Name Scientific Name Occupied Habitat Occurrence

Reptiles/Amphibians (Nomenclature from Collins 1997) Western fence lizard Sceloporus occidentalis DH O

Birds (Nomenclature from American Ornithologists’ Union) Mourning dove Zenaida macroura marginella F O Black phoebe Sayornis nigricans semiatra F O American crow Corvus brachyrhynchos hesperis F O

Mammals (Nomenclature from Jones et al. 1982) Southern pocket gopher Thomomys umbrinus (= bottae) DH B

Habitats

DH = Disturbed Habitat

Evidence of Occurrence

V = Vocalization O = Observed S = Scat D = Den site B = Burrow C = Carcass/remains

Attachment 3

24 Bramble property protocol wet season fairy shrimp survey Letter Report

1.0 Introduction

The U.S. Fish and Wildlife Service (USFWS) officially listed the San Diego fairy shrimp (Branchinecta sandiegoensis) as “endangered” on February 3, 1997 (U.S. Fish and Wildlife Service, 1997). Riverside fairy shrimp (Streptocephalus woottoni) was listed as “endangered” on August 3, 1993 (U.S. Fish and Wildlife Service 1993). For this reason, both the San Diego and Riverside fairy shrimp are protected under the provisions of the Endangered Species Act of 1973, as amended. As such, “take” of this species, either directly or indirectly, is prohibited by law. In order to help land owners in preventing an unknowing “take” of this species, the U.S. Fish and Wildlife Service has required that land owners conduct a protocol survey on their land prior to project implementation in order to determine the presence or absence of this species.

The San Diego and Riverside fairy shrimp are small aquatic crustaceans in the order Anostraca. They are restricted to vernal pools in coastal southern California. Vernal pools are relatively shallow pools in southern California. These pools fill with winter rains and then dry in the late spring to early summer. Fairy shrimp typically emerge within the pools within two weeks of the pool being saturated. The life cycle of the fairy shrimp is rapid as the species must mate and deposit eggs or cysts before the pool dries completely. Cysts are capable of withstanding temperature extremes and long periods of drying. When pools do fill, only a portion of the eggs or cysts will hatch. This ensures that the population will not be completely lost if the pool dries early.

The USFWS determined the survey guidelines for listed vernal pool branchiopods on April 19, 1996 (U.S. Fish and Wildlife Service, 1996). These guidelines detail how to conduct wet and/or dry season surveys for listed branchiopods. The following report documents the findings of a protocol survey conducted on the tuck parking and storage project for the San Diego and Riverside fairy shrimp.

2.0 Site Characteristics

The Pacific Street site is located in the City of San Marcos (Figures 1). The project is located on the Bachelor Mountain U.S.G.S. 7.5’ Quad (Figure 2). The site is bounded by development on three sides and Grand Avenue to the south.

The site is approximately 1.5 acres, and has been graded in the past, as part of the surrounding sub-division. The site is currently an open lot dominated by compacted dirt driveway/turnaround and ruderal habitat. The site is relatively flat. Elevations average 555 feet above mean sea level

According to the USDA, one soil type occurs onsite: Las Floras loamy fine sand (2% - 9% slopes). The las floras series consist of well drained moderately deep stony fine loams that have a clay subsoil. The buren series consists of well drained slow to moderately slowly permeable soils. They are generally found on gentle to strongly slopping alluvial fans and terraces. It is

Victor Novik (Permit # TE 069534-0) Fairy Shrimp Report (March 2008)

Page 1 formed in alluvium from basic ingneous racks and partly from other crystalline rock (NRCS). Though due to the grading of the site, the soils are now difficult to determine.

3.0 Vegetation Communities

A habitat assessment was conducted by Victor Novik on December 17, 2007. It was determined that several small areas of pooled water should be investigated. The site was graded in the past and now supports mostly disturbed habitat and dirt roads.

Disturbed Habitat

Approximately 0.66 acres of disturbed habitat are found onsite. This habitat had been disturbed in the past as evidenced by tire tracks and debris. Plant species found within this habitat include white sweet clover (Melilotus alba), filaree (Erodium sp.), fennel (Foenculum vulgare), mustard (Brassica sp.), and various non-native grasses.

Dirt Roads/Developed

Approximately 0.84 acre of the site is considered developed or dirt roads, that do not support vegetation.

Ponded Areas

Thirteen depressions were observed within the dirt roads. Three additional depressions were located within the disturbed habitat area (survey was completed on two adjoining parcels, the northern one proposed to be developed upon). These depressions were found to retain water for a sufficient amount of time to support aquatic life.

4.0 Survey Methods

A total of sixteen depressions were surveyed (Figure 3). Survey methods followed those outlined in the Year 1996 Interim Survey Guidelines to Permittees for Recovery Permits under Section 10(a)(1)(A) of the Endangered Species Act for the Listed Vernal Pool Branchiopods (USFWS 1996).

• Surveys were conducted after initial storm events to determine when pools/swales have been inundated. A pool/ swale is considered inundated when it holds greater than 3 cm of standing water 24 hours after a rain event.

• Pools/swales were adequately sampled once every two weeks, beginning no later than two weeks after the initial inundation and continued until the pools/swales were dry.

• The edges, bottoms (if accessible), and water column were all sampled using an aquarium net.

Victor Novik (Permit # TE 069534-0) Fairy Shrimp Report (March 2008)

Page 2

A focused survey for the federally listed San Diego and Riverside fairy shrimp was conducted by USFWS permitted biologist Victor Novik (Permit #TE 069534-0). The project site was surveyed on the following dates shown below in Table 1. Field notes are attached in Appendix 1.

TABLE 1 FAIRY SHRIMP SURVEYS CONDUCTED ON THE PACIFIC STREET PROJECT Date Time Temperature Sky Wind Personnel (°F) (Mph) December 17, 1047 to 65-68 clear Begin: 0-83 Victor Novik 2007 1200 End : 1-3 December 26, 0900 59-64 Clear Begin: 1-2 Victor Novik 2007 to 1030 End: 0-1 January 10, 2008 1000 to 65-68 Clear Begin: 0 - 2 Victor Novik 1230 End: 0 – 2 January 22, 2008 1000 to 59-61 Partly Begin:3-5 Victor Novik 1200 cloudy End: 1-3 February 8, 2008 1230 to 65-66 Clear Begin: 1-2 Victor Novik 1400 End:0-3 February 26, 1340 to 68-69 Clear Begin: 3-5 Victor Novik 2008 1445 End: 3-5 March 10, 2008 1130 to 68-68 Clear Begin: 0-1 Victor Novik 1205 End: 2-3 March 25, 2008 1000 to 657° Clear Begin: 0-1 Victor Novik 1030 End: 0-1

5.0 Results

All depressions located on the two adjoining parcels were found to retain water for an appropriate time to conduct the protocol surveys. The pools were full of water when the survey started and held water for approximately 98 days. No fairy shrimp were found within the pools during the 2007-2008 wet season.

This concludes the report of findings for a focused survey for the San Diego and Riverside fairy shrimp conducted on the Pacific Street site. Please contact me if you have any questions.

______Victor Novik Date Federal Permit Number TE 069534-0

Victor Novik (Permit # TE 069534-0) Fairy Shrimp Report (March 2008)

Page 3 References Cited

USDA. United Stated Department of Agriculture. 1973. Soil Survey of the San Diego Area, California. Soil Conservation Service, Washington, D.C.

USFWS. United States Fish and Wildlife Service, 1997. ETWP; Determination of Endangered Status for the San Diego Fairy Shrimp

USFWS. United States Fish and Wildlife Service, 1993. ETWP; Determination of Endangered Status for Three Vernal Pool Plants and the Riverside Fairy Shrimp

Victor Novik (Permit # TE 069534-0) Fairy Shrimp Report (March 2008)

Page 4

Attachment 4

25 Examination of Soil Samples from the Pacific and Grand Property Site for the Presence of Fairy Shrimp Cysts

Chuck Black 10(a)(1)(A) permit Ecological Restoration Service TE835549-5 San Diego, CA Effective 5/27/07-7/5/11 July 18, 2008

Introduction

Ecological Restoration Service was contracted by Mike Jefferson of Consultants Collaborative in July 2008 to process and examine soil samples collected by him for the presence of fairy shrimp cysts.

Methods

Soil Processing for Cyst Presence

Individually packaged approximately 200 ml dry soil samples, from 14 basins at the Pacific and Grand property site were each hydrated for approximately 12 hours in tap water then washed through a set of sieves. Material passing through a Number 45 (.0139”) USA Standard Testing Sieve, A.S.T.M.E.-11 specification and caught on a Number 70 (.0083”) Sieve was rinsed into a container with approximately 50 ml of a saturated brine solution to float organic material, including fairy shrimp cysts. The material floating on the brine was decanted onto a paper filter on a filter funnel, and water was removed through the filter paper by vacuum suction. The material left on the paper was examined under a 6.3-570x power Olympus SZX9 Zoom Stereo Microscope. Distinctive fairy shrimp cysts, if present, were counted. Numbers of ostracode (seed shrimp) shells from samples, if present, were estimated.

Results

Cyst Presence

No distinctive Branchinecta nor Streptocephalus cysts were found any of the samples (Table 1). Ostracode shells, indicating areas that probably pond regularly during wet seasons, were found in low to moderate numbers (1’s to 100’s per sample) in seven of the 18 samples (Table 1).

1

Table 1 - Results of examination of soil samples

Ostracode Basin Sample Cysts present numbers present 1 1/1 no 0 2 1/1 no 0 3 1/1 no 0 4 1/3 no 0 4 3/3 no 0 5 1/1 no 1s 6 1/1 no 0 7 1/1 no 0 8 1/1 no 0 9 1/1 no 0 10 1/3 no 1s 10 2/3 no 0 10 3/3 no 10s 11 1/1 no 100s 12 1/1 no 100s 13 1/1 no 10s 14 1/1 no 100s 14 2/3 no 0

2

Attachment 5

26

Attachment 6

27

BLUE CONSULTING GROUP BIOLOGY  LAND USE &  ENTITLEMENTS

February 20, 2012

Meredith Osborne Environmental Scientist CA Dept. Fish and Game 3883 Ruffin Road San Diego, CA 92123

Re: Submittal of the Draft Section 2081 CESA Incidental Take Permit Application for Thread leaved brodiaea - Thread leaved brodiaea Conservation Plan

Ms. Osborne

Pacific Industrial #1 LLC. is pleased to submit the attached Draft Section 2081 Incidental Take Permit Application for Thread-leaved brodiaea (Brodiaea filifolia). Pacific Industrial #1 has been in consultation with the Department since 2011 to complete the Thread-leaved brodiaea Habitat Management Plan (HMP) which would be implemented within the existing abandoned Baldwin thread leaved brodiaea Conservation Easement (CE), the conservation strategy support document for this Application.

On December 2, 2011, Pacific Industrial #1 submitted the Pacific Industrial #1 Thread-leaved brodiaea Conservation Plan (HMP) for Department review and comment. The HMP forms the basis of the Application.

It is our understanding that the Department will assess the completeness of this application within 30 days and notify Pacific Industrial #1 if there is missing or outstanding information. During this review, please do not hesitate in contacting myself with any questions or to discuss further.

Sincerely,

Michael Jefferson President BLUE Consulting Group

Attachment: Draft Section 2081 Incidental Take Permit Application for Thread leaved brodiaea, dated February 20, 2012

 P.O. BOX 501115 SAN DIEGO, CA 92150 858.391.8145  [email protected]

– 2 –

APPLICATION FOR INCIDENTAL TAKE PERMIT

(Pursuant to 14 CCR Section 783.2 and California Public Resources Code, Section 2081)

Date: February 20, 2012

Project Title: Baldwin Thread-Leaved Brodiaea Conservation Plan for the Pacific Industrial #1 Project

1. NAME OF APPLICANT (CCR § 783.2(a)(l))1

Pacific Industrial #1 LLC ("Pacific Industrial #1"); 105 South Pacific Street San Marcos, CA 92069

Primary Owner Contact: Richard Bramble; 105 South Pacific Street San Marcos, CA 92069

Agent for Service of Process: Michael Jefferson, BLUE Consulting Group President; P.O. Box 501115, San Diego, CA 92150, [email protected], 858-391-8145

2. SPECIES NAME AND CESA STATUS (CCR § 783.2(a)(2))

CESA Listed Plant Species Observed both on the Baldwin Conservation Easement property (transplant acceptor site) and the Pacific Industrial #1 proposed project development site (donor property):

Common Name - Thread leaved brodiaea

Scientific Name - Brodiaea filifolia

Federal Listing - Threatened

State of California Listing - Endangered

3. DESCRIPTION OF PROJECT (CCR § 783.2(a)(3))

There are two phases to the proposed project; the re-establishment of the existing Baldwin thread leaved brodiaea Conservation Easement (CE) as mitigation for the proposed development of the Pacific Industrial #1 property. Both are located within the City of San Marcos.

The re-establishment of the abandoned historic Baldwin thread-leaved brodiaea CE (which was originally recorded on September 7, 1989) is an important step in the preservation of the species and the locally extant population of thread leaved brodiaea. The existing preserve is within the identified ‘Critical Habitat’ of the species and is adjacent to another identified population within a ‘Critical Habitat’ preserve, the Rancho Santalina /Loma Alta habitat preserves.

The proposed thread-leaved brodiaea preserve requirements and associated conservation measures were based upon the original Preserve Mitigation Agreement (CDFG, 1988) and further developed in coordination with the California Department of Fish and Game (CDFG).

As of the most recent years onsite surveys, the distribution of the thread-leaved brodiaea (Brodiaea filifolia, BRFI) on the existing Baldwin Conservation Preserve is no longer within the areas where approximately 1500

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BRFI was transplanted in the late 80’s. There is little information regarding the implementation of the initial transplantation plan so it is hard to determine where exactly individuals were placed and in what density. As stated in the CDFG mitigation agreement, of the 1500 bulbs to be salvaged, 1/3 was to be placed in the 5 test plots and the remaining 2/3 would be planted throughout the grassland habitat onsite.

From the mitigation agreement and historic aerial photography it appears that approximately 5 rectangular test plots (250 ft x 50 ft) were isolated with rabbit proof fencing and rehabilitated with transplanted thread leaved brodiaea and maintained for an unknown period of time. Each plot was to test different restoration and transplantation methods. No BRFI were observed in those test plot areas during the 2011 surveys. At least 20 were last observed onsite in 2011 in the middle of the Conservation Easement (CE) and towards the western limits; immediately south of the last of the previous transplantation plots. It is not know if they were part of the transplantation plan. See Figure 4 of the HMP.

The HMP addresses the proposed future distribution and density of the thread-leaved brodiaea within the Project study area, ecological indicators, existing land uses, and proposed land uses and potential impacts. The HMP also provides background information on the plant and its habitat and describes mitigation measures.

The HMP is designed to develop a management and preservation framework that provides for the long-term persistence of thread-leaved brodiaea within the HMP conservation area. The long-term conservation of thread- leaved brodiaea will be achieved first by establishing a system of thread-leaved brodiaea preserve to protect the core occurrences of thread-leaved brodiaea, and second by implementing management and monitoring within an adaptive management framework to maintain or enhance the protected thread-leaved brodiaea occurrences.

The CEQA development phase of the "project" also includes the impact of approximately 0.14 acres of BRFI habitat supporting a minimum of 300 observed flowering individuals (BLUE, 2010). This population shall be soil block transplanted to the Baldwin CE as delineated in the Transplantation Plan (BLUE, 2012). The proposed revived Baldwin CE thread-leaved brodiaea preserve and the adaptive management framework proposed in the HMP have been developed based on the following biological goals and objectives which describe the desired conditions of: (l) the thread-leaved brodiaea populations, (2) the communities in which the thread-leaved brodiaea occurs, and (3) the ecosystem processes known or hypothesized to maintain the thread-leaved brodiaea populations and associated communities. Specifically, the HMP seeks to:

Population

Goal 1: Maintain or increase Thread leaved brodiaea populations within the preserve.

Objective 1.1

Maintain or increase the distribution of the thread-leaved brodiaea within the preserve. Persistence of an endangered plant is enhanced when it occupies a larger geographic area. The more extensive the distribution (i.e., areal extent), the lower the probability that localized events such as wildfire, pest outbreaks, or disease will remove the entire population. Therefore, it is anticipated that maintaining or increasing the distribution of thread-leaved brodiaea within each preserve will reduce the probability that foreseen and unforeseen changes

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– 4 – in habitat conditions will result in population declines that could threaten persistence throughout the preserve system.

Objective 1.2

Maintain or increase the abundance of the thread-leaved brodiaea within each preserve. In general, more abundant populations (i.e., those comprised of more individuals) will have a greater probability of persisting and maintaining genetic diversity necessary to adapt to a changing environment than smaller (less abundant) populations. Existing anthropogenic alterations to the habitat vegetation community within the preserve, including the invasion and spread of exotic plants, may have reduced thread-leaved brodiaea abundance. Management of preserve will be designed to remove unnatural barriers to thread-leaved brodiaea populations and maintain conditions conducive to persistence of a viable seed bank, in order to increase abundance and enhance long term population persistence. It is important to note that this objective will be reached within the context of an ecological system so that maintaining or increasing thread-leaved brodiaea abundance retains ecological functions as near to "natural" as possible rather than compromising other aspects of the ecosystem.

Objective 1.3

Reduce or prevent the increase of identified stressors or anthropogenic factors that negatively impact thread- leaved brodiaea individual and population performance. Management of the preserve will be designed to address anthropogenic factors that are known or hypothesized to reduce thread-leaved brodiaea individual and population performance, including exotic plants, Argentine ants, trampling or erosion due to trespass, and introduction of unseasonal run-off from off-site locations.

Objective 1.4

Increase understanding of the ecological factors influencing the distribution, abundance, and population persistence of the thread-leaved brodiaea in order to inform management and monitoring within the preserve. Many gaps remain in the understanding of the ecology of the thread-leaved brodiaea, making it difficult to devise management strategies to prevent its extirpation, and to design efficacious monitoring protocols. Studies, management, and monitoring will be designed and implemented to increase information about the thread- leaved brodiaea needed to inform habitat management and increase the effectiveness of monitoring, thus facilitating Objectives 1.1 through 1.3.

Objective 1.5 Plan and conduct small scale experimental management trials to test the effects of proposed on- the-ground management treatments and evaluate effectiveness and thread-leaved brodiaea's response. Tools and treatment methods needed to manage thread-leaved brodiaea and its habitat, including measures to address excessive competition and implement weed control in occupied habitat, will be tested by implementing small scale experimental trials. The results will be monitored and evaluated, and those measures which produce a favorable thread-leaved brodiaea response or otherwise do not result in adverse ecosystem effects, would then be implemented across larger areas over time.

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Communities

Goal 2: Maintain or enhance the structure and native species composition of the native communities within the thread-leaved brodiaea preserve.

Objective 2.1

Maintain a mosaic of naturally occurring native communities within the preserve. Under this objective, management would be implemented if a 25% or greater change is observed in the absolute cover of both the transplanted and existing native plant communities within the preserve, as measured through mapping at IO- year intervals. The existing land slated to be revived within the thread-leaved brodiaea preserve HMP currently supports a mosaic of native plant communities likely reflecting different abiotic conditions (e.g. soils, topography, and microclimate) and disturbance history (time since fire, cultivation, grazing regime, and other land uses). The preserve is dominated by disturbed land supporting non-native annual grassland, which can be restored to native vegetation types and perhaps even suitable thread-leaved brodiaea habitat. The existing native plant communities differ in native plant species composition, including the presence and relative abundance of thread-leaved brodiaea. As a result of their different plant species composition and physiognomy (structure), these communities likely differ in the habitat conditions (e.g. food availability, abiotic conditions) and thus animal species composition. Through a variety of direct and indirect mechanisms, these plants and animals could be essential to the long term persistence of the thread-leaved brodiaea populations (e.g. by maintaining populations of pollinators and/or seed dispersers).

Anthropogenic contributions to global climate change are generally accepted by the scientific community, and these changes over time may influence the type and composition of native vegetation communities as well as other aspects of the natural environment in Southern California.

Objective 2.1(a) Restore damaged habitats potentially capable of supporting thread-leaved brodiaea, within the preserve. Surrounding the transplantation plots, the area shall be restored to the point where they appear capable of being potentially occupied by dispersing thread-leaved brodiaea. Area-restorations within the CE will be prepared where restoration will occur and reviewed by the City, and approved by CDFG.

Objective 2.1(b) Revegetate areas within preserve that have been damaged and do not support native habitats but are unlikely to support thread-leaved brodiaea in the future. Damaged habitats with deeper valley soils, for example, may not be suitable for thread-leaved brodiaea, but will act as a buffer to the BRFI habitat and may be capable of supporting other appropriate native habitats and pollinator habitat. These locations will also be identified and plans prepared, similar to Objective 2.1 (a) to revegetate them and repair soil damage.

Objective 2.2

Maintain or increase the absolute cover of native plant species by 15% within the restored and/or transplanted portion of the preserve every 10 years. Native plant species are important components of natural communities. Maintaining or increasing their relative abundance will facilitate the persistence of native plant populations and the maintenance of native plant communities to which native animals, fungi, and other organisms are adapted.

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Because early successional stages characterized by sparse native plant cover provide the ideal habitat for some species, perhaps including the thread-leaved brodiaea, increasing total native plant cover would be an inappropriate target. Instead, the objective will be to maintain and enhance the natural community structure and species composition, and to increase relative native plant cover-the proportion of the total plant cover that is comprised of native plant species.

Objective 2.3

Maintain or increase the diversity of native plant species within each preserve by at least 15%, as measured within each preserve every 10 years. Maintaining the diversity of native plant species is also important for the persistence of native communities. A function of species richness and evenness, diversity is often created and maintained by natural ecological processes, including disturbances (e.g. fire) which enhance the diversity of habitat conditions for animals as well as other organisms. Species diversity will be examined at both at the landscape scale (i.e., total diversity), which is a function of community heterogeneity, and at the local or 'plot' scale (i.e., alpha diversity).

Though the abundance and diversity of other organisms including animals and fungi are also important, it can be difficult and costly to monitor all of the different groups of organisms. Native plant species can be used cautiously as indicators of native community structure for purposes of monitoring overall habitat conditions, unless research indicates this assumption is not met in this system.

Objective 2.4

Increase understanding of the ecology of the native communities needed to inform management of the preserve by undertaking the studies specified as part of the adaptive management program. Greater knowledge about the ecology of the natural communities within the preserve will facilitate management to attain the objectives designed to attain the population, community, and ecosystem goals.

Ecosystem

Goal 3: Facilitate the natural ecological processes required to sustain the native populations and communities in the preserve.

Objective 3.1

Maintain or enhance opportunities for migration of plant and animal populations, including thread-leaved brodiaea, between potentially isolated preserve. Following implementation, the preserve will contain remnant patches of native habitat. All else being equal, small areas are less likely to support persisting populations of endangered species than large areas. If extirpations occur, recolonization will be unlikely due to patch isolation. Genetic diversity is often lower in small, isolated habitat patches, due to genetic bottlenecks, inbreeding, and genetic drift.

Providing opportunities for plant and animal populations to migrate between protected areas can increase the probability of species persistence by increasing the size of populations, allowing recolonization following localized extinctions, and increasing genetic exchange among otherwise isolated populations.

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Objective 3.2

Maintain the hydrologic conditions within the preserve. Direct and indirect impacts associated with adjacent development, particularly that which occurs upslope of the preserve, can alter hydrology and· thus affect soil moisture and erosion processes. Increase moisture underneath and on the soil surface is predicted to facilitate the invasion and spread of Argentine ants-non-native arthropods that outcompete native ants that could be important thread-leaved brodiaea pollinators and/or seed dispersers. Increases in soil moisture can also facilitate populations of native and non-native plants that can out compete thread-leaved brodiaea, which are poor competitors. Preserve should be managed to prevent alterations to soil moisture by avoiding concentrated run-off, inhibiting drainage, and other factors that could increase soil moisture.

Preserve Description

No urban development would be permitted within the preserve area, and mitigation funds would be provided for management, monitoring and maintenance of thread-leaved brodiaea populations within the preserve. The conservation easement was be granted to the CDFG by the applicant in 1988 and it will contains appropriate restrictions to help ensure that the preserve land remains in a natural condition in perpetuity.

Overall, the existing Baldwin CE and proposed thread-leaved brodiaea transpalnt preserve encompass approximately 14.47 acres and was the site of approximately 1,500 thread leaved brodiaea transplants completed in the late 80’s.

4. PROJECT LOCATION (CCR § 783.2(a)(4)

The revived BRFI preserve within the existing Baldwin CE is a narrow strip of preserved BRFI habitat located between older track housing. The long and narrow Preserve is bound to the west by Curry Combo Drive, to the east by Avenida Azul, to the south by West Mission Road and to the north by West Borden Road, in the City of San Marcos. Generally, the approximately 14.47 acre easement area consists of three separate lots: Lot 63 of Map No. 12261, Lot 52 of Map No. 12373 and Lot 36 of Map No. 12371.

The Baldwin CE is located immediately to the west of the Rancho Santalina Project and its onsite preserve which supports a population of “Critical Habitat” for BRFI. The Rancho Santalina LP project preserved 78 percent of the onsite population of BRFI within a 6.5 acre portion of the onsite preserve and salvaged the remaining population (432 individuals over 1.29 acres) to appropriate locations within the created onsite preserve. This came at a cost of $129,000 in undiscounted 2004 dollars for the salvage of 1.29 acres of brodiaea.

The location of the proposed impacted population of BRFI is within an approximately 2.96 acre property, located on the corner of Pacific Street and Grand Avenue, in the City of San Marcos. This area was determined not to be Critical Habitat for BRFI. The site is within the developed and improved frontage of Pacific Street and Grand Avenue and is currently an open lot dominated by disturbed habitat.

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5. POTENTIAL FOR TAKE (CCR § 783.2(a)(5))

"Take" is defined relative to the California Endangered Species Act (CESA) as hunting, pursuing, catching, capturing, or killing an individual of a listed species, or to attempt any such act (California Fish & Game Code, § 86). "Incidental Take" is take that is incidental to otherwise lawful activities.

There is one CESA-listed species that has been identified as occupying the proposed project area. It is the Thread leaved brodiaea. Pacific Industrial #1 has undertaken minimization/cost analysis to avoid and buffer if possible, and mitigate when avoidance is not possible. The cost analysis is included within the Biological ASsessemtn report

Although implementation of the proposed project would result in take of certain isolated thread-leaved brodiaea populations, the provisions included in the proposed HMP are sufficient to minimize and fully mitigate this impact. The proposed Project would take all 0.14 acres of the BRFI occupied habitat within the proposed impact footprint. There were approximately 300 flowering individuals in the area in 2011. The entire 0.14 acre area supporting the BRFI will be soil block transplanted to the existing occupied thread-leaved brodiaea habitat on the Baldwin CE site.

The benefits provided to the existing preserved population(s) as well as the transplanted population through the active protection, mitigation, management, and monitoring measures identified below and in the HMP, would ensure that these populations persist, and that funding would be available for enhancement of the species. These mitigation and monitoring measures are discussed in detail in Section 8 and Section 9 respectively, below.

6. IMPACTS OF PROPOSED TAKE (CCR § 783.2(a)(6))

Direct impacts represent the physical alteration (i.e., typically habitat degradation or loss) of biological resources that occur on site as a result of Project implementation. Indirect impacts are those reasonably foreseeable effects caused by Project implementation on remaining or adjacent biological resources.

There will be direct impacts as a result of implementation of the proposed development and no impacts within the Baldwin CE HMP.

6.1 Thread leaved brodiaea (State Listed Endangered)

Impacts of Proposed Take:

Implementation of the proposed project and creation of the proposed HMP and the issuance of this associated Incidental Take Permit could result in permanent significant impacts to a small and isolated thread-leaved brodiaea population, but not the local population or species as a whole. This is enforced though the USFWS determination that the impact area (Pacific Industrial #1) is not within designated “Critical Habitat” for BRFI; the HMP Baldwin CE preserve is.

Under the proposed HMP, the Baldwin CE thread-leaved brodiaea preserve would be re-established and managed with the intent to ensure the long-term survival of the thread-leaved brodiaea, the preservation of native habitats, biodiversity, and the corresponding biological functions and values. The proposed thread-leaved

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– 9 – brodiaea preserve would include restoration of degraded and/or damaged thread-leaved brodiaea habitats vegetation communities and the establishment of site-specific buffers, aimed at neutralizing and controlling adverse edge effects from adjacent use and development. A thread-leaved brodiaea preserve manager would be contracted with, and paid for by, Pacific Industrial #1, to perform environmental monitoring, oversee the proposed thread-leaved brodiaea preserve areas, and ensure the monitoring and management activities outlined in the proposed HMP are carried out. The thread-leaved brodiaea preserve manager would be a qualified biologist or land management entity/biological firm, and would be responsible for submitting monitoring reports as required by the HMP. The thread-leaved brodiaea preserve manager would have the authority to stop maintenance and/or fuel management work where such work is damaging, or would damage thread-leaved brodiaea preserve.

The existing Baldwin CE thread-leaved brodiaea preserve protects approximately 14.47-acres of non-native grassland habitat. Within this 14.47 acres is approximately 1.1 acres of habitat occupied with a minimum of 20 flowering individuals (2010, Everett).

6.1.1 Indirect Impact, Non-Native, Invasive Plant Species: The introduction of non-native plants into thread- leaved brodiaea habitats poses a potential threat to the thread-leaved brodiaea. Exotic plants compete for light, water, and nutrients, and can create a thatch that blocks sunlight from reaching shade intolerant plants such as thread-leaved brodiaea, thereby depleting the plant's seed bank. Urban edge effects associated with the development of the surrounding area could negatively impact the thread-leaved brodiaea populations because non-native species have been found to invade and become established after repeated burnings, clearing of vegetation for fire protection, or following periods of drought and overgrazing (possible side effects of nearby human habitation). Exotic plants can alter hydrologic and biochemical cycles, disrupt natural fire regimes, and alter soil fertility within and adjacent to urban development. The development could also potentially fragment thread-leaved brodiaea populations, which could increase the likelihood of invasion by exotic plants due to the increased "edge," or interface between natural habitats and urban areas.

To address potential impacts associated with the introduction of non-native plants into thread-leaved brodiaea preserve areas, the proposed HMP contains restrictions intended to reduce the use of invasive, exotic plants within the Restoration area. Plant palettes proposed for use on landscaped slopes, street medians, park sites and other public landscaped and fuel modification zone (FMZ) areas within 100 feet of thread-leaved brodiaea preserve, shall be reviewed by the thread-leaved brodiaea preserve manager or qualified biologist to ensure that the proposed landscape plants will not naturalize and cause maintenance or vegetation community degradation in the thread-leaved brodiaea preserve and buffer areas. Container plants to be installed within public areas within 200 feet of the thread-leaved brodiaea preserve, shall be inspected by the thread-leaved brodiaea preserve manager or qualified biologist for the presence of disease, weeds, and pests, including Argentine ants. Plants with pests, weeds, or disease shall be rejected. In addition, landscape plants shall not be on the California Invasive Plant Council's (Cal-IPC) California Invasive Plant Inventory (most recent version) or on the list of Invasive Ornamental Plants provided in Appendix B of the HMP The current Cal-IPC list can be obtained from the Cal-IPC web site (Cal-IPC 2006, 2007). The HMP is attached.

6.1.2 Indirect Impacts, Non-Native, Invasive Animal Species: An increase in the abundance of domestic cats and dogs from adjacent development areas could indirectly affect the thread-leaved brodiaea, because they could

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– 10 – reduce populations of native rodents. that may act as thread-leaved brodiaea seed dispersal agents. Argentine ants, which are attracted to moist habitats, frequently invade disturbed areas and sometimes undisturbed areas adjacent to urban development’s; and it is assumed that they will occur within development areas and open space adjacent to the thread-leaved brodiaea preserve in the future.

Invasion of native areas by Argentine ants has been shown to reduce or displace native ants and other arthropods, which could function as pollinators and seed dispersers. The extent to which this may directly impact the thread-leaved brodiaea has not been studied directly and remains uncertain, but the impact is assumed to be adverse. Studies by Jones et al. (2004) found reduced seed set in thread-leaved brodiaea where pollinators were excluded (i.e. through self-pollination), suggesting that open and uninhibited pollination results in the production of considerably more seed.

To discourage introduction of non-native animal species, and Argentine ants in particular, into thread-leaved brodiaea preserve areas, the proposed HMP and associated mitigation measures would require that container plants to be installed within 200 feet of the thread-leaved brodiaea preserve be inspected by the thread-leaved brodiaea preserve manager for presence of pests, including Argentine ants, and for disease, prior to delivery to the site and also during delivery. Plants with pests, weeds, or disease would be rejected.

Although implemented for public safety and the protection of property and not specifically for' management of the thread-leaved brodiaea preserve, FMZs located at the interface between natural or thread-leaved brodiaea preserve areas and urban development, would also help to reduce impacts associated with non-native animals entering the thread-leaved brodiaea preserve, as these zones would serve as a vegetated setback between thread-leaved brodiaea preserve and urban areas. Using native or non-invasive non-native drought-resistant plants to the extent possible in the FMZ would minimize the amount of irrigation required to maintain the vegetation, thus maintaining a xeric habitat in the thread-leaved brodiaea preserve areas and buffers that would be less conducive to the establishment of Argentine ant populations.

The goal of management, as it pertains to Argentine ants in particular, is to preclude the invasion of Argentine ants into the thread-leaved brodiaea preserve and their associated buffers. Controls will be implemented using an Integrated Pest Management (IPM) approach in accordance with the approved HMP Argentine ants are sensitive to moisture gradients and are more likely to invade mesic areas and avoid xeric areas. Menke and Holway (2006) noted that the abundance of Argentine ants changes dramatically· across soil moisture gradients. They suggest that interception and diversion of urban runoff from naturally xeric areas could restrict invasions by Argentine ants and that "even small reductions in urban runoff may act to limit L. humile in areas that are otherwise too dry" (Menke and Holway 2006, p. 374). Thus, a "dry zone" between urban and natural habitats, where there is naturally little moisture, may act a barrier for the ants and inhibit them from invading the natural areas.

The following Project design features and management measures will be implemented to prevent the invasion of Argentine ants in the thread-leaved brodiaea preserve:

(1) Providing dry zones between urban development and thread-leaved brodiaea populations;

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(2) Ensuring that landscape container plants installed within 200 feet of thread-leaved brodiaea preserve are ant-free prior to installation;

(3) Maintaining natural hydrologic conditions in the thread-leaved brodiaea preserve through project design features. Measures intended to maintain the existing hydrology of the thread-leaved brodiaea preserve are discussed in more detail in the subsection, 6.1.5 Indirect Impacts, Changes in Hydrology, below; and

(4) Using drought-resistant plants in FMZs and minimizing irrigation to the extent feasible.

Although the Project design features described above will help control Argentine ant invasion into the thread- leaved brodiaea preserve, there is still a potential for invasions to occur where typical soil moisture increases above about 10% saturation. Invasions by Argentine ants, if they occur, are reversible under appropriate conditions. Menke and Holway (2006) demonstrated that Argentine ant abundance systematically declined in experimentally irrigated areas over a few months once the irrigation was terminated. If soil moisture can be restored to 10% saturation or less, Argentine ant abundances will decrease. In areas where Argentine ant invasions have occurred, soil moisture will be required to be reduced to 10% saturation or less, infeasible.

6.1.3 Indirect Impacts, Vegetation Clearing: When native vegetation is cleared for fire protection along the boundary between proposed development and thread-leaved brodiaea populations, or for the creation of roads or trails, non-native plant species may be afforded opportunities to colonize gaps or bare areas. As discussed above, non-native plants often out compete native species like thread-leaved brodiaea.

Under the proposed HMP, no vegetation clearing would be permitted within thread-leaved brodiaea preserve, with the exception of limited fuel modification activities, to allow the maximum preservation of thread-leaved brodiaea populations. No other fuel modification or clearance activities shall be allowed in the thread-leaved brodiaea preserve areas. Annual maintenance of FMZs, such as the removal of undesirable non-native plants and other activities that ensure the long-term survival of thread-leaved brodiaea, will be the responsibility of the thread-leaved brodiaea preserve manager. The Homeowner's Association (HOA) will be responsible for any fuel modification that occurs in designated FMZs outside the thread-leaved brodiaea preserve.

In addition, thread-leaved brodiaea preserve temporary fencing shall be shown on construction plans and installed prior to initiating construction clearing and grubbing activities within 200 feet of thread-leaved brodiaea preserve. The thread-leaved brodiaea preserve manager or qualified biologist shall monitor fence installation. Clearing for fence installation shall be minimized to what is necessary to install the fence, and where possible shall leave the roots of native plants in place to allow regrowth. As necessary, native vegetation will be restored and weed management shall be performed following fence installation to ensure temporarily cleared native plant areas do not become weed dominated after installation.

6.1.4 Indirect Impacts, Trampling: Human trampling can damage individual thread-leaved brodiaea plants, and alter the thread-leaved brodiaea ecosystem. Trampling associated with proposed development can create gaps in vegetation and thus allow exotic, non-native plant species to become established, increase soil compaction, and lead to soil erosion. The recovery of thread-leaved brodiaea, once trampled, is difficult to predict. Some effects, like soil compaction or erosion, can be difficult, time-consuming, and expensive to reverse.

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The proposed HMP would require the installation of fencing and signage intended to prevent trampling of thread-leaved brodiaea populations. Fencing shall be installed along the outside edge of the thread-leaved brodiaea preserve and buffer areas adjacent to proposed developments, parks, easements, or other "active land uses" to prevent unauthorized access. Specific areas that are adequately protected by steep terrain (1.5:1 or steeper) and/or dense vegetation may not require fencing, but would require signage. The determination of the need for fencing in these areas shall be subject to the approval of the thread-leaved brodiaea preserve manager or qualified biologist. If monitoring determines that slope and/or vegetation is not effective at deterring unauthorized access, additional fencing may be required to be added by the thread-leaved brodiaea preserve manager or qualified biologist. Fencing is not required in areas bordered by large parcels of conserved natural open space areas, or the Santa Clara River riparian corridor, as installing fencing in these areas would be unnecessary and damaging to existing vegetation and wildlife corridors.

Fencing must extend a minimum of 4 feet above grade and include wood-doweled split rail fencing, exterior grade heavy duty vinyl three-railed fencing, three-strand non-barbed wire, or similar. Fencing installed adjacent to native vegetation communities and natural open space areas will allow for the passage of animals.

Outdoor all-weather signs measuring approximately 12 by 16 inches shall be posted on all thread-leaved brodiaea preserve access gates and along thread-leaved brodiaea preserve fencing at approximately 800 . feet on center, except adjacent to road crossings, where signs will be posted. The placement will take topography into account, emphasizing placement on ridgelines where they will be visible to emergency fire personnel and others. Signs shall state in English and Spanish that the area is a biological preserve that hosts a state-listed endangered and federal candidate plant species and that trespassing is prohibited (in accordance with Newhall Ranch Program EIR Mitigation Measure 4.6-68). Signs shall indicate that fuel modification and management work is not allowed within the thread-leaved brodiaea preserve or buffer areas. Signage at trailheads shall describe the thread-leaved brodiaea preserve, its purpose, and the applicable rules of conduct within the thread-leaved brodiaea preserve. The signage shall state that people not abiding by these rules or who damage the protected species will be subject to prosecution, including fines and/or imprisonment. All signage shall include emergency contact information and shall be reviewed and approved by the thread-leaved brodiaea preserve manager or qualified biologist.

6.1.5 Indirect Impacts, Changes in Hydrology: Thread-leaved brodiaea can be adversely affected by changes in surface and subsurface hydrologic conditions (changes in irrigation and runoff). Proposed development can remove native vegetation, increase runoff from roads and other paved surfaces, and result in an increase in ornamental landscaping and lawns, which ultimately lead to increased irrigation. These consequences can result in increased erosion and transport of surface matter into known thread-leaved brodiaea populations. Altered erosion, increased surface flows, and underground seepage can allow for the establishment of non-native plants and invasion by Argentine ants. Changed hydrologic conditions can alter seed bank characteristics and modify habitat for ground-dwelling fauna.

The proposed HMP would require that pre-development hydrology conditions be maintained in the thread- leaved brodiaea preserve areas. Project-specific design measures will be implemented in order to minimize changes in surface water flows to the thread-leaved brodiaea preserve areas. Roadways will be constructed with slopes that convey water flows within the roadway easements and away from thread-leaved brodiaea preserve

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– 13 – areas. French drains will be installed along the edge of any roadways and fill slopes that drain toward the thread-leaved brodiaea preserve areas. Where manufactured slopes drain toward the thread-leaved brodiaea preserve(s), a temporary irrigation system would be installed to the satisfaction of the City in order to establish the vegetation on the slope area(s). This system shall continue only until the slope vegetation is established and self sustaining. Underground utilities will not be located within or .through the thread-leaved brodiaea preserve areas. Drainage pipes installed within the thread-leaved brodiaea preserve areas away from thread-leaved brodiaea populations to convey surface or subsurface water away from the populations will be aligned to avoid disruption or natural hydrology within the thread-leaved brodiaea preserve areas to the maximum extent practicable. Fencing or other structural type barriers that will be installed to reduce intrusion of people or domestic animals into the thread-leaved brodiaea preserve areas shall incorporate footing designs that minimize moisture collection.

Storm drain outfalls from proposed development areas shall only be installed within thread-leaved brodiaea preserve areas where necessary to retain pre-construction hydrologic conditions within the thread-leaved brodiaea preserve, sustain existing riparian and wetland vegetation communities, and/or allow for the restoration of currently disturbed areas to native riparian/alluvial vegetation communities. Additionally, storm drains would not be permitted to daylight at the bottom of slopes within thread-leaved brodiaea preserve areas.

When located in a thread-leaved brodiaea preserve area, storm drains must meet the following criteria:

(1) Storm drains must not impact thread-leaved brodiaea;

(2) Storm drains may only daylight at the bottom of slopes within thread-leaved brodiaea preserve areas; and

(3) Under no circumstances shall storm drains daylight onto steeply sloped areas or other areas that would cause erosion.

Any surface water entering a thread-leaved brodiaea preserve area from development areas is required to pass through BMP measures, which will be described in the SWPPP. Storm drain outlets must contain adequate energy dissipaters to prevent downstream erosion and stream channel down cutting. In addition, storm drain outlets must be designed based on pre-and post-construction hydrologic studies (in accordance with Newhall Ranch Program EIR Mitigation Measure 4.669). Storm drains and permanent structural BMP measures shall be designed by a licensed civil engineer.

6.1.6 Indirect Impacts, Chemical Pollutants: The use of chemical pollutants during the development stage and by residents of new development can decrease the number of plant pollinators, increase the existence of non- native plants, and can cause damage and destruction of native plants. Herbicide use can cause fragmentation of known thread-leaved brodiaea populations, and insecticide use can result in pollution drift that can kill known thread-leaved brodiaea populations. Fertilizers, especially nitrogen-rich fertilizers, can promote the growth of non-native species, to the detriment of native species not adapted to high nitrogen environments and/or that are unable to compete with non-native species.

6.1.7 Indirect Impacts, Increased Fire Frequency: Development near known thread-leaved brodiaea populations can increase the possibility of fire because of human-related activities. Arson, or sparks from construction or

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– 14 – utility maintenance activities, could lead to an increase in fires that may indirectly threaten the thread-leaved brodiaea. The effects of fire on thread-leaved brodiaea are not well documented; however, under certain conditions, a fire could damage a percentage of thread-leaved brodiaea plants or even destroy an entire population. Direct scorching can create open areas, which become susceptible to non-native plant and animal invasion. Colonization of an area by nonnative grasses provides the fuel needed to support and maintain fires, increasing fire frequency, extent, and intensity. Non-native plants tend to recover from fire more quickly than native species, leading to their domination over natives such as the thread-leaved brodiaea.

The proposed HMP would permit the use of limited fuel modification activities within the thread-leaved brodiaea preserve to allow the maximum preservation of thread-leaved brodiaea populations. No other fuel modification or clearance activities shall be allowed in the thread-leaved brodiaea preserve areas. All FMZs associated with the adjacent development shall be located outside of proposed thread-leaved brodiaea preserve. The plant palette authorized for use in FMZs within 100 feet of thread-leaved brodiaea preserve shall be reviewed by the thread-leaved brodiaea preserve manager or qualified biologist to ensure that the proposed landscape plants will not naturalize and cause maintenance or vegetation community degradation in the thread- leaved brodiaea preserve and buffer areas. By locating FMZs at the interface between thread-leaved brodiaea preserve areas and proposed development, these zones would serve the dual purpose of providing fire protection and additional thread-leaved brodiaea buffer area.

In the event that a thread-leaved brodiaea preserve or a portion of a thread-leaved brodiaea preserve burns in a wildfire, the thread-leaved brodiaea preserve manager and Pacific Industrial #1 shall promptly review the site and determine what action, if any, should be taken. The primary anticipated post-fire thread-leaved brodiaea preserve management activity involves monitoring the site and controlling annual weeds that may invade burned areas following a fire event, especially when such weeds that were not previously present or not present in similar densities, present an imminent threat to the survival of thread-leaved brodiaea populations. If fuel control lines or other forms of bulldozer damage occur in the thread-leaved brodiaea preserve, these areas would be repaired and revegetated to approximate pre-burn conditions. The same passive successional regeneration methods will be applied to mass-movement, landslide, or slope-sloughing types of events. This measure shall be implemented in conformance with the Thread-leaved brodiaea Conservation Plan.

7. WOULD PERMIT JEOPARDIZE THE CONTINUED EXISTENCE OF A SPECIES

(CCR § 783.2(a)(7))

For the reasons discussed in detail below, this Project is considered unlikely to jeopardize the further existence of the species and is unlikely to reduce the likelihood of species recovery. While some individuals may be taken and vegetation type will at least be temporarily degraded, the Project's effects on the species' potential for long- term persistence, and any adverse impacts on that potential, are not significant after the application of minimization and mitigation strategies (see Section 8, below). What follows is an analysis of how the issuance of the Incidental Take Permit would affect the continued existence of the species described above. The conclusion of no jeopardy considers the species' ability to survive and reproduce, and any adverse impacts on those abilities in light of known population trends, known threats to the species and reasonably foreseeable impacts on the species from other related projects and activities.

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For corresponding mitigation measures please see Section 8, below.

7.1 Thread leaved brodiaea (State Listed Endangered)

Issuance of the Incidental Take Permit would not jeopardize the continued existence of the Thread leaved brodiaea for the following reasons:

7.1.1 Ability to Survive and Reproduce: Although population estimates and trends are listed below, counts of individuals of an annual plant species such as the Thread leaved brodiaea are known to vary considerably from year to year, sometimes not germinating at all if conditions are too dry. Therefore, the number of individuals reported may be as much a reflection of rainfall as it is population size (USFWS 2006).

7.1.2 Adverse Impacts of Taking On Ability to Survive and Reproduce in Light of:

(4.) Known Population Trends

As described in the USFWS Brodiaea filifolia 5 Year Review Summary and Evaluation (USFWS; 2009), the size of a particular population of Brodiaea filifolia as well as other corm and bulb forming species, is often measured by counting numbers of standing flower stalks. There are considerable difficulties in this approach. Because more plants flower in wet years than in dry years, flowering plants likely represent only a portion of the total population of plants present at any given site. In addition to the annual fluctuation in numbers of flowering plants, seedlings and young plants only produce leaves for a few years before they are able to produce flower stalks. These vegetative plants may go undetected in surveys (Service 2005a, p. 73837). The species may be present as mature but non-flowering corms or immature corms rather than flowering plants; therefore, the estimated number of individuals should be considered an estimate of the minimum number of plants present (Service 2005a, p. 73840). A field study at the Santa Rosa Plateau Preserve revealed an 8:1 ratio of non-flowering corms to flowering plants (12.5 percent flowered), and that the number of flowering plants may vary up to tenfold from wet to dry years (Morey 1995, p. 2). At a residential development site in Carlsbad, only 20 plants (0.25 percent) flowered, where 8,000 corms were later located (Taylor and Burkhart 1992, p. 1- 7). In 2007—a dry year—Vinje (pers. comm. 2008) reported that 14,373 vegetative plants were counted within three research plots at the Rancho La Costa occurrence in Carlsbad, but none of the plants flowered (J. Vinje, Center for Natural Lands Management, pers. comm. 2008, p. 2). Even in a wet year, only 2 to 26 percent of the plants within these plots flowered (Vinje, pers. comm. 2008, p. 2). As noted in the listing rule, fewer than 2,000 Brodiaea filifolia individuals were observed at most occurrences (“Highest Prelisting” column, Table 1). Most of these occurrences occupied less than 13 acres (5 hectares) (CNDDB 1997; Service 1998, p. 54977). The largest extant occurrence in Riverside City, Santa Rosa Plateau, is estimated to contain over 30,000 observed individuals and occupy about 38 acres (15 hectares) of habitat (MWD 1991, p. 4-215; CNDDB 1997, EO 5). In San Diego City, the largest reported occurrence of B. filifolia is at the Upham site, a 40 acre (16 hectare) parcel in the City of San Marcos. This occurrence may support as many as 342,000 individual plants (Morey 1995, p. 4; Table 1). At the time of listing, the largest occurrence in Orange City (Forster Ranch) supported about 60 percent of B. filifolia individuals (4,254) and about 80 percent of the occupied habitat in that City (Service 1998, p. 54977; Table 1). Currently, the largest natural occurrences of Brodiaea filifolia are on the Santa Rosa Plateau in Riverside City, the San Dimas/Gordon Highlands occurrence in Los Angles City, the Cristianitos Canyon/Lower Gabino Canyon

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– 16 – occurrence in Orange City, and the Rancho Carrillo and Upham occurrences in San Diego City. Although each occurrence on Camp Pendleton generally supports fewer than 2,000 plants, the large number of occurrences on Camp Pendleton comprises a significant portion of all the known occurrences of the plant. In 1999, the majority of the B. filifolia occurrence on Forster Ranch was translocated. A survey of the translocation site in 2003 detected 14,177 individual plants (Service 1999, p. 8; NRC 1999, exhibits 1 and 3; NRC 2004, p. 2). Although this is larger than the natural occurrence at Cristianitos Canyon/Lower Gabino Canyon, the long-term success of translocation programs is not known and may be contingent upon post-translocation maintenance and monitoring (Hall 1987, pp. 415, 418-420; Service 2005a, p. 73822).

(B) Known Threats to the Species

The largest and most significant known threat to the Thread leaved brodiaea is the destruction, modification, or curtailment of its vegetation type or range.

The introduction of non-native plants into thread-leaved brodiaea vegetation communities poses a potential threat to the thread-leaved brodiaea. Exotic plants compete for light, water, and nutrients, and can create a thatch that blocks sunlight from reaching shade-intolerant plants such as thread-leaved brodiaea, thereby depleting the plant's seed bank.

Non-native, invasive animal species also pose a potential threat to the thread-leaved brodiaea. Domestic cats and dogs could pose an indirect threat to the thread-leaved brodiaea because they could reduce populations of native rodents that may act as thread-leaved brodiaea seed dispersal agents. In addition, the introduction of Argentine ants could adversely affect thread-leaved brodiaea populations because these ants are capable of outcompeting and displacing native ants and other arthropod species that may provide important ecological functions for thread-leaved brodiaea, including pollination and seed dispersal

When native vegetation is cleared for fire protection along the boundary between proposed development and thread-leaved brodiaea populations, or for the creation of roads or trails, non-native plant species may be afforded opportunities to colonize gaps or bare areas. As discussed above, non-native plants often outcompete native species like thread-leaved brodiaea. The clearing of native vegetation for fire protection allows non- native plants to colonize gaps or bare areas.

Human trampling also poses a potential threat because it can damage individual thread-leaved brodiaea plants, and alter the thread-leaved brodiaea ecosystem. Trampling associated with proposed development can create gaps in vegetation and thus allow exotic, non-native plant species to become established, increase soil compaction, and lead to soil erosion.

The thread-leaved brodiaea can also be affected by changes in surface and subsurface hydrologic conditions. Proposed development can remove native vegetation, increase runoff from roads and other paved surfaces, and/or result in an increase in ornamental landscaping and lawns, which ultimately lead to increased irrigation. These consequences can result in increased erosion and transport of surface matter into known thread-leaved brodiaea populations. Altered erosion, increased surface water flows, and underground seepage can allow for

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– 17 – the establishment of non-native plants and invasion by Argentine ants. Changed hydrologic conditions may alter seed bank characteristics and modify habitat for ground-dwelling fauna.

The use of chemical pollutants during the development stage and by residents of new development can decrease the number of plant pollinators, increase the existence of non-native plants, and can cause damage and destruction of native plants. Herbicide use can cause fragmentation of known thread-leaved brodiaea populations, and insecticide use can result in pollution drift that can kill known thread-leaved brodiaea populations. Fertilizers, especially nitrogen-rich fertilizers, can promote the growth of non-native species, to the- detriment 'of native species not adapted to high nitrogen environments and/or that are unable to compete with non-native species.

Fire may also pose a threat to the thread-leaved brodiaea. The effects of fire on thread-leaved brodiaea are not well documented; however, under certain conditions, a fire could damage a large percentage of thread-leaved brodiaea plants or even destroy an entire population. In addition, direct scorching can create open areas, which become susceptible to non-native plant and animal invasion. Colonization of an area by non-native grasses provides additional fuel to ignite and maintain fires, increasing fire frequency, extent, and intensity. Non-native plants tend to recover from fire more quickly than native species, leading to their outcompeting natives such as the thread-leaved brodiaea.

(C) Reasonably Foreseeable Impacts from Other Related Projects and Activities

The Baldwin property is within an existing CE and no development is permitted. Offsite, the adjacent property has been previously built out and future potential re-development would be precluded from impacting the CE area and the preserved and maintained BRFI population.

8. MEASURES TO MINIMIZE AND MITIGATE THE IMPACTS (CCR § 783.2(a) (8))

This minimization and mitigation program is built around conceptual issues for the Thread leaved brodiaea, as well as a conservation-management approach. Measures will be implemented to minimize both habitat degradation and population impacts to the listed species.

For areas that are impacted, mitigation measures will be applied as discussed below. A detailed discussion of the specific management activities planned/permitted for each thread-leaved brodiaea preserve is included in the HMP (attached).

8.1 Previously Incorporated Measures

MIT-1: In order to facilitate the conservation of the thread-leaved brodiaea on the Restoration area, the applicant, or its designee, shall, concurrent with Restoration approval, agree to the identified special study areas which are to be determined and termed, Thread-leaved brodiaea Mitigation Area Overlay.

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Previously Incorporated Measures: Thread-leaved brodiaea Preserve.

MIT-2: Direct impacts to known thread-leaved brodiaea populations within the Restoration area shall be avoided or minimized through the re-establishment of the Baldwin CE thread-leaved brodiaea preserve that was configured to ensure the continued existence of the species in perpetuity.

A sufficient number of known thread-leaved brodiaea populations shall be included within the Restoration thread-leaved brodiaea preserve in order to ensure the continued existence of the species in perpetuity. The conservation of known thread-leaved brodiaea populations shall be established in consultation with the City and CDFG, and as consistent with standards governing issuance of this Incidental Take Permit for thread-leaved brodiaea, pursuant to California Fish and Game Code, Section 2081(b).

In addition to conservation of known populations, thread-leaved brodiaea shall be introduced into appropriate vegetation communities and soils in the Restoration thread-leaved brodiaea preserve. The creation of introduced populations may require seed collection and shall take top soil at impacted thread-leaved brodiaea location to increase seed and sowing of seed.

Once the Restoration of the thread-leaved brodiaea preserve is initiated, the Project applicant, or its designee, shall be responsible for conducting a thread-leaved brodiaea population census within the Restoration thread- leaved brodiaea preserve annually in perpetuity. The yearly thread-leaved brodiaea population census documentation shall be submitted to the City and CDFG, and maintained by the Project applicant, or its designee. If there are any persistent population declines documented in the annual population census reports, the Project applicant, or its designee, shall be responsible for conducting an assessment of the ecological factor(s) that are likely responsible for the decline, and implement management activity or activities to address these factors where feasible. In no event, however, shall Project-related activities jeopardize the continued existence of the thread-leaved brodiaea populations within the Restoration area. If a persistent population decline is documented, such as a trend in steady population decline that persists for a period of 5 consecutive years, or a substantial drop in population is detected over a 10-year period, thread-leaved brodiaea may be introduced in consultation with CDFG in appropriate vegetation communities and soils in the Restoration thread-leaved brodiaea preserve, utilizing the bulk thread-leaved brodiaea seed repository, together with other required management activity or activities. These activities shall be undertaken by a qualified botanist/biologist, subject to approval by the City and CDFG. The Project applicant, or its designee, shall be responsible for the funding and implementation of the necessary management activity or activities, including monitoring, as approved by the City and CDFG.

Annual viability reports shall be submitted to the City and CDFG following the implementation of the Restoration thread-leaved brodiaea preserve to ensure long-term documentation of the thread-leaved brodiaea population status within the Restoration thread-leaved brodiaea preserve.

Previously Incorporated Measures: Connectivity. Thread-leaved brodiaea Preserve Design and Buffers.

MIT-3: Indirect impacts associated with the interface between the preserved thread-leaved brodiaea populations and planned development within the Restoration area shall be avoided or minimized by the previously established open space connections with the adjacent habitat preserves. The open space connections

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– 19 – and buffer configurations shall take into account local hydrology, soils, existing and proposed adjacent land uses, the presence of non-native invasive plant species, and seed dispersal vectors.

Previously Incorporated Measures: Thread-leaved brodiaea Preserve Protection/Fencing.

MIT-4: To protect the preserved thread-leaved brodiaea populations within the Restoration area, and to further reduce potential direct impacts to such populations due to unrestricted access, the Project applicant, or its designee, shall erect and maintain permanent fencing and signage shall be installed on the fencing along the preservation boundary to indicate that the fenced area is a biological preserve, which contains protected species and habitat, that access is restricted, and that trespassing and fuel modification are prohibited within the area. The permanent fencing shall be designed to allow wildlife movement.

The plans and specifications for the permanent fencing and signage shall be approved by the City and CDFG prior to the final phase of construction of any Restoration subdivision map adjacent to a Restoration thread-leaved brodiaea preserve.

Previously Incorporated Measures: Thread-leaved brodiaea Preserve Protection/Hydrologic Alterations.

MIT-5: Indirect impacts resulting from changes to hydrology (i.e., increased water runoff from surrounding potentially future proposed development) at the interface between thread-leaved brodiaea preserve and planned development within the Restoration area shall be avoided or mitigated to below a level of significance.

Achievement of this standard will be met through the documented demonstration by the Project applicant, or its designee, that the storm drain system achieves pre-development hydrologic conditions for the Restoration thread-leaved brodiaea preserve. To document such a condition, the Project applicant, or its designee, shall prepare a study of the pre-and post-development hydrology, in conjunction with Restoration subdivision maps adjacent to thread-leaved brodiaea preserve. The study shall be used in the design and engineering of a storm drain system that achieves pre-development hydrologic conditions. The study must conclude that proposed grade changes in development areas beyond the buffers will maintain pre-development hydrology conditions within the thread-leaved brodiaea preserve. The study shall be approved by the Planning Director of the City, and the resulting conditions confirmed by CDFG.

Storm drain system changes/upgrades or subdivision maps adjacent to the thread-leaved brodiaea preserve must be approved by the City prior to the initiation of any grading activities.

Previously Incorporated Measures: Biological Monitor.

MIT-6: A knowledgeable, experienced botanist/biologist, subject to approval by the City and CDFG, shall be required to monitor the grading and fence/utility installation activities that involve earth movement adjacent to the Restoration thread-leaved brodiaea preserve to avoid the incidental take through direct impacts of conserved plant species, and to avoid disturbance of the thread-leaved brodiaea preserve. The biological monitor will conduct biweekly inspections of the Project site during such grading activities.

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Previously Incorporated Measures: Construction Impact Avoidance Measures.

MIT-7: The following measures shall be implemented to avoid and minimize indirect impacts to thread-leaved brodiaea populations within the Restoration area during all phases of Project construction:

(1) Water Control. Watering of the restoration areas would be controlled to prevent discharge of construction water into the Restoration thread-leaved brodiaea preserve or on ground sloping toward the thread-leaved brodiaea preserve. Prior to the initiation of grading operations, the Project applicant, or its designee, shall submit for approval to the City an irrigation plan describing watering control procedures necessary to prevent discharge of construction water into the Restoration thread-leaved brodiaea preserve and on ground sloping toward the thread-leaved brodiaea preserve.

(3) Treatment of Exposed Graded Slopes. Graded slope areas would be trimmed and finished as grading proceeds. Slopes would be treated with soil stabilization measures to minimize erosion. Such measures may include seeding and planting, mulching, use of geotextiles and use of stabilization mats. Prior to the initiation of grading operations, the Project applicant, or its designee, would submit for approval to the City the treatments to be applied to exposed, graded slopes that would ensure minimization of erosion.

Previously Incorporated Measures: Restoration Monitoring and Management.

MIT-8: Direct and indirect impacts to the preserved thread-leaved brodiaea populations within the Restoration area shall require a monitoring and management plan, subject to the approval of the City. The applicant shall consult with CDFG with respect to preparation of the Restoration thread-leaved brodiaea monitoring/management plan. This plan shall be in place when the thread-leaved brodiaea preserve and connectivity/preserve design/buffers are established (see Mitigation Measures 2 and 3). The criteria set forth below shall be included in the plan.

Monitoring. The purpose of the monitoring component of the plan is to track the viability of the Restoration thread-leaved brodiaea preserve and its populations, and to ensure compliance with the adopted Newhall Ranch Mitigation Monitoring Program (Biota section).

The monitoring component of the plan shall investigate and monitor factors such as population size, growth or decline, general condition, new impacts, changes in associated vegetation species, pollinators, and seasonal responses. Necessary management measures will be identified. The report results will be sent annually to the City, along with photo documentation of the assessed site conditions.

The Project applicant, or its designee, shall contract with a qualified botanist/biologist, approved by the City, with the concurrence of CDFG, to conduct quantitative monitoring over the life of the Restoration. The botanist/biologist shall have a minimum of three years experience with established monitoring techniques and familiarity with Southern California flora and target taxa. Field surveys of the Restoration thread-leaved brodiaea preserve will be conducted each spring. Information to be obtained will include: (a) an estimate of the number of thread-leaved brodiaea in each population within the thread-leaved brodiaea preserve; (b) a map of the extent of occupied vegetation communities at each population; (c) establishment of photo monitoring points to aid in documenting long-term trends in vegetation communities; (d) aerial photographs of the

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– 21 – preserved thread-leaved brodiaea areas at five-year intervals; (e) identification of significant impacts that may have occurred or problems that need attention, including invasive plant problems, weed problems and fencing or signage repair; and (f) overall compliance with the adopted mitigation measures.

Within the proposed transplantation plot the first annual site visit by the HM will occur in the early spring to complete both the quantitative and qualitative surveys. The three subsequent summer site visits will require the completion of the qualitative survey and a quantitative count of the BRFI flowering within the easement as a whole as well as in the transplanted plot. This analysis is required to identify and evaluate the current condition of the BRFI and habitat onsite and its’ trending over time.

Qualitative Monitoring Evaluation of plant health and identifying and correcting problem areas is necessary for ensuring successful vegetation establishment and is part of an adaptive management program to be implemented as part of this long term management. Qualitative monitoring will be conducted by the project biologist to review the conservation easement as a whole, including the transplantation block area(s) to examine transplant vigor, native annual and grass germination, and exotic plant encroachment. The biologist will implement remedial actions, if necessary.

Quantitative Monitoring Quantitative monitoring will be performed to measure development of the habitat and have a point count of the BRFI population within the transplant plot/enhancement area and to document that the restoration activities (weed control, etc.) achieve the success criteria as defined by the long term performance standards.

After year 2 of the five (5) year BRFI habitat restoration program (BLUE, 2011), permanent vegetation sampling stations will be established within the BRFI restoration site to measure year-to-year changes in flowering BRFI, plant cover, and diversity following the protocol of the California Native Plant Society (CNPS) Plant Communities Project (Sawyer and Keeler-Wolf 1995). Transect data will continue to be collected as part of the LTHMMP and will be compared to reference data collected prior to project implementation (status of the population prior to transplantation). Results will objectively determine if the restoration and enhancement areas approach the cover and species diversity characteristics of the reference (original) area habitat.

Because population size and distribution limits are known to vary depending on rainfall, annual surveys shall be conducted for those areas proposed for development in order to establish a database appropriate for analysis at the Project-specific subdivision map level (rather than waiting to survey immediately prior to proceeding with the Project-specific subdivision map process). In this way, survey results gathered over time (across years of varying rainfall) will provide information on ranges in population size and occupation. New populations, if they are found, will be mapped and assessed for inclusion in the thread-leaved brodiaea preserve program to avoid impacts to the species.

CD Monitoring/Reporting. An annual report will be submitted to the City and CDFG by February 28th of each year. The report will include a description of the monitoring methods, an analysis of the findings, effectiveness of the mitigation program, site photographs, and adaptive management measures, based on the findings. Any

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– 22 – significant adverse impacts, signage, fencing or compliance problems identified during monitoring visits will be reported to the City and CDFG for corrective action by the Project applicant, or its designee.

• Management.

Based on the outcome of ongoing monitoring and additional Project-specific surveys addressing the status and vegetation community requirements of the thread-leaved brodiaea, active management of the Restoration thread-leaved brodiaea preserve will be required in perpetuity. Active management activities will be triggered by a downward population decline over 5 consecutive years, or a substantial drop in population over a 10-year period following City re-approval of the Restoration. Examples of management issues that may need to be addressed in the future include, but are not limited to, control of exotic competitive non-native plant species, herbivore predation, weed control, periodic controlled bums, or fuel modification compliance.

After any population decline documented in the annual populations census following City re-approval of the Restoration, the Project applicant, or its designee, shall be responsible for conducting an assessment of the ecological factor(s) that are likely responsible for the decline, and implement management activity or activities to address these factors where feasible. If a persistent population decline is documented, such as a trend in steady population decline persistent for a period of 5 consecutive years, or a substantial drop in population detected over a IO-year period, thread-leaved brodiaea may be introduced in appropriate vegetation communities and soils in the Restoration thread-leaved brodiaea preserve, utilizing the thread-leaved brodiaea bulb repository, together with other required management activity or activities. In connection with this monitoring component, the Project applicant, or its designee, shall contract with a qualified botanist/biologist, approved by the City, to complete: (a) a study of the breeding and pollination biology of the thread-leaved brodiaea, including investigation into seed physiology to assess parameters that may be important as management tools to guarantee self-sustainability of populations, which may otherwise have limited opportunity for germination; and (b) a population genetics study to document the genetic diversity of the thread-leaved brodiaea population within the Restoration area. The criteria for these studies shall be to develop data to make the Restoration thread-leaved brodiaea management program as effective as possible. These studies shall be subject to approval by the City's biologist, with the concurrence of CDFG. These activities shall be undertaken by a qualified botanist/biologist, subject to approval by the City with the concurrence of CDFG. The Project applicant, or its designee, shall be responsible for the funding and implementation of the necessary management activity or activities, as approved by the City and CDFG.

Previously Incorporated Measures: Translocation/Reintroduction Program.

MIT-9: To the extent Project-related direct and indirect significant impacts on thread-leaved brodiaea cannot be avoided or substantially lessened through establishment of the Restoration thread-leaved brodiaea preserve, and other avoidance, minimization, or other compensatory mitigation measures, a translocation and reintroduction program shall be implemented in consultation with CDFG to further mitigate such impacts.

Introduction of new thread-leaved brodiaea areas will be achieved through a combination of direct seeding and translocation of the existing soil seed bank that would be impacted by grading. Prior to any development within,

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– 23 – or disturbance to, thread-leaved brodiaea populations, on-site and off-site mitigation areas shall be identified and seed and top soil shall be collected.

Translocation. Prior to the initiation of grading, the Project applicant, or its designee, shall submit to the City a translocation program for the thread-leaved brodiaea. Translocation would salvage the topsoil of thread-leaved brodiaea areas to be impacted due to grading. Salvaged thread-leaved brodiaea soil seed bank would be translocated to the candidate thread-leaved brodiaea reintroduction areas. The translocation program shall include, among other information: (a) location map with scale; (b) size of each translocation polygon; (c) plans and specifications for site preparation, including selective clearing of competing vegetation; (d) site characteristics; (e) protocol for topsoil collection and application; and (f) monitoring and reporting. The translocation program shall be submitted to CDFG for input and coordination. Translocation shall occur within the candidate thread-leaved brodiaea reintroduction areas within the appropriate areas identified within the Baldwin CE. Successful criteria for each site shall be included in the monitoring/management plan/with criteria for the germination and growth to reproduction of individual plants for the first year a specified period.

8.2 Proposed Mitigation Measures

Proposed Additional Mitigation Measures: Establishment and Oversight of Thread-leaved brodiaea Preserve.

MIT-10: The existing Baldwin CE thread-leaved brodiaea preserve area has a permanent conservation easement. The conservation easement may be updated by the CDFG and contain appropriate funding and restrictions to help ensure that the thread-leaved brodiaea preserve lands are protected in perpetuity.

MIT-11: The thread-leaved brodiaea preserve shall be managed by Pacific Industrial #1 and their thread-leaved brodiaea preserve manager(s) and/or natural lands management organization(s) (NLMO). Pacific Industrial #1 shall submit a statement of qualifications for their proposed thread-leaved brodiaea preserve manager(s)/NLMO(s) for approval by CDFG.

Proposed Additional Mitigation Measures: Restoration of Disturbed Portions of Thread-leaved brodiaea Preserve.

MIT-12: Buffer areas, currently disturbed portions (i.e., disturbed lands, and developed lands) of the thread- leaved brodiaea preserve will be restored through revegetation with native plant communities. In summary, areas that have greater than 30% absolute cover by weeds (not including annual grasses) will be restored to have at least 70% absolute cover by native species. In addition, CalIPC List A and B plants that are present within the thread-leaved brodiaea preserve will be controlled. Restoration and enhancement efforts within the thread- leaved brodiaea preserve areas shall be in conformance with the Thread-leaved brodiaea Conservation Plan.

Proposed Additional Mitigation Measures: Response to Wildfire within Thread-leaved brodiaea Preserve.

MIT-13: In the event that a thread-leaved brodiaea preserve or a portion of a thread-leaved brodiaea preserve burns in a wildfire or suffers from mass movements (e.g., landslides, slope sloughing, or other geologic events), the thread-leaved brodiaea preserve manager, the City and CDFG shall promptly review the site and determine what action, if any, should be taken. The primary anticipated post-fire thread-leaved brodiaea preserve management activity involves monitoring the site and controlling annual weeds that may invade burned areas

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– 24 – following a fire event, especially when such weeds (that were not previously present or not present in similar densities) present an imminent threat to the survival of thread-leaved brodiaea populations. If fire-control lines or other forms of bulldozer damage occur in the thread-leaved brodiaea preserve, these areas will be repaired and revegetated to approximate pre-burn conditions. The same passive successional regeneration methods will be applied to mass-movement, landslide, or slope-sloughing types of events.

Proposed Additional Mitigation Measures: Prevention of Restoration Construction-Related Impacts and/or Potential Future Development Impacts

MIT-14: Thread-leaved brodiaea preserve temporary fencing shall be shown on construction plans and installed prior to initiating construction clearing and grubbing activities within 200 feet of thread-leaved brodiaea preserve. The thread-leaved brodiaea preserve manager or qualified biologist shall monitor fence installation. Clearing for fence installation shall be minimized to what is necessary to install the fence, and where possible shall leave the roots of native plants in place to allow regrowth. As necessary, native vegetation will be restored and weed management shall be performed following fence installation to ensure temporarily cleared native plant areas do not become weed dominated after installation. General Project clearing and grubbing within 200 feet of the fence may commence upon verification by the thread-leaved brodiaea preserve manager or the qualified biologist that protective fencing is in place and is adequate.

MIT-15: Thread-leaved brodiaea preserve shall be protected prior to clearing and during restoration with temporary construction fencing. The fencing shall be three strand non-barbed wire fence or bright orange V.V. stabilized polyethylene construction snow fencing, attached to metal t-posts that extend at least four feet above grade or equivalent. Protective fencing shall be maintained in good condition until completion of Project construction. Where construction activities occur within 200 feet of a thread-leaved brodiaea preserve, the thread-leaved brodiaea preserve manager or qualified biologist shall review fencing weekly during construction monitoring visits and note any fencing that is in need of repair. Repairs shall be completed within three working days of notification by the thread-leaved brodiaea preserve manager or qualified biologist.

Proposed Additional Mitigation Measures: Construction Monitoring and Reporting

MIT-16: The thread-leaved brodiaea preserve manager or qualified biologist shall perform weekly construction monitoring for all potential future construction activities within 200 feet of thread-leaved brodiaea preserve areas. The thread-leaved brodiaea preserve manager or qualified biologist's construction monitoring tasks shall include reviewing and approving protective fencing, dust control measures and erosion control devices before construction work begins, conducting a contractor education session at the preconstruction meeting, and reviewing the site weekly (minimum) during construction to ensure the fencing, dust control and BMPs measures are in place and functioning correctly, and that work is not directly or indirectly impacting thread- leaved brodiaea plants. Each site visit shall be followed up with a summary monitoring report indicating the status of the site. Monitoring reports shall include remedial recommendations when necessary.

Proposed Additional Mitigation Measures: Landscape Planting Adjacent to Thread-leaved brodiaea Preserve

MIT-17: Plant palettes proposed for use on landscaped slopes, street medians, park sites, easements and other public landscaped and FMZ areas within 100 feet, shall be reviewed by the thread-leaved brodiaea preserve

 P.O. BOX 501115 SAN DIEGO, CA 92150 858.391.8145  [email protected]

– 25 – manager or qualified biologist to ensure that the proposed landscape plants will not naturalize and cause maintenance or vegetation community degradation in the thread-leaved brodiaea preserve and buffer areas. Container plants to be installed within public areas within 200 feet of the thread-leaved brodiaea preserve shall be inspected by the thread-leaved brodiaea preserve manager or qualified biologist for the presence of disease, weeds, and pests, including Argentine ants. Plants with pests, weeds, or disease shall be rejected. In addition, landscape plants shall not be on the CalIPC California Invasive Plant Inventory (most recent version) or on the list of Invasive Ornamental Plants listed in Appendix B of the current Cal-IPC list which can be obtained from the Cal- IPC web site (Cal-IPC 2006, 2007).

Proposed Additional Mitigation Measures: Access

MIT-18: All portions of the thread-leaved brodiaea preserve shall be closed. The only persons or entities issued gate keys shall be the thread-leaved brodiaea preserve manager and their employees, emergency services (City), and CDFG.

Proposed Additional Mitigation Measures: Permanent Fencing and Signage

MIT-19: Fencing shall be installed along the outside edge of the thread-leaved brodiaea preserve to prevent unauthorized access. Specific areas that are adequately protected by steep terrain (1.5:1 or steeper) and/or dense vegetation may not require fencing, but would require signage. The determination of the need for fencing in these areas shall be subject to the approval of the thread-leaved brodiaea preserve manager or qualified biologist. Fencing must extend a minimum of 4 feet above grade and include wood-doweled split rail fencing, exterior grade heavy duty vinyl three-railed fencing, three-strand non-barbed wire, or similar. Fencing installed adjacent to native vegetation communities and natural open space areas will allow for the passage of animals.

MIT-20: Outdoor all-weather signs measuring approximately 12 by 16 inches shall be posted on all thread-leaved brodiaea preserve access gates and along thread-leaved brodiaea preserve fencing at approximately 800 feet on center, except adjacent to road crossings, where signs will be posted. The placement will take topography into account, emphasizing placement on ridgelines where they will be visible to emergency fire personnel and others. Signs shall state in English and Spanish that the area is a biological preserve that hosts a state-listed endangered and federal candidate plant species and that trespassing is prohibited. Signs shall indicate that fuel modification and management work is allowed within the thread-leaved brodiaea preserve when previously consulted and approved by the habitat manager. All signage shall include emergency contact information and shall be reviewed and approved by

MIT-21: Any surface water entering a thread-leaved brodiaea preserve area from potential future development areas is required to pass through BMP measures, which will be described in the SWPPP. Storm drain outlets must contain adequate energy dissipaters to prevent downstream erosion and stream channel down-cutting. Additionally, storm drain outlets must be designed based on pre-and post-construction hydrologic studies.

Proposed Additional Mitigation Measures: Argentine Ant Control

MIT-22: To preclude the invasion of Argentine ants into the thread-leaved brodiaea preserve and their associated buffers, controls will be implemented using an integrated pest management (IPM) approach in

 P.O. BOX 501115 SAN DIEGO, CA 92150 858.391.8145  [email protected]

– 26 – accordance with the approved HMP The controls include (1) providing "dry zones" between urban development and thread-leaved brodiaea populations; (2) Ensuring that landscape container plants installed within 200 feet of thread-leaved brodiaea preserve are ant free prior to installation; (3) maintaining natural hydrological conditions in the thread-leaved brodiaea preserve through project design features; and (4) using drought- resistant plants in FMZs and minimizing irrigation to the extent feasible.

9. MONITORING PLAN (CCR § 783.2(a) (9))

A thread-leaved brodiaea monitoring program has been developed to measure the success of management in achieving the biological goals and objectives pertaining to thread-leaved brodiaea populations, namely, to maintain or increase Thread leaved brodiaea populations within the thread-leaved brodiaea preserve. The goal of the thread-leaved brodiaea monitoring program is to provide objective, repeatable. methods for collecting, analyzing, and interpreting ecologically meaningful information that can be used to evaluate the status of thread-leaved brodiaea populations, the effectiveness of the conservation strategy, and the design of future management and monitoring, using the most cost-effective methods possible. The monitoring will include quantitative and qualitative monitoring methods, which will be documented in annual reports submitted to the City and CDFG after approval of this 2081 permit.

The following monitoring actions are proposed during Restoration Implementation:

MON-l: The thread-leaved brodiaea preserve manager or qualified biologist shall monitor thread-leaved brodiaea preserve temporary fence installation described in Mitigation Measure 15. The thread-leaved brodiaea preserve manager or qualified biologist's construction monitoring tasks shall include reviewing and approving protective fencing, dust control measures and erosion control devices before construction work begins, conducting a contractor education session at the preconstruction meeting, and reviewing the site weekly (minimum) during construction to ensure the fencing, dust control and BMP measures are in place and functioning correctly, and that work is not directly or indirectly impacting thread-leaved brodiaea plants. Each site visit shall be followed up with a summary monitoring report indicating the status of the site. Monitoring reports shall include remedial recommendations when necessary.

During weekly construction/restoration monitoring visits, the thread-leaved brodiaea preserve manager or qualified biologist shall note any fencing that is in need of repair. Repairs shall be completed within three working days of notification by the thread-leaved brodiaea preserve manager or qualified biologist.

MON-2: A knowledgeable, experienced botanist/biologist, subject to approval by the City and CDFG, shall be required to monitor the grading and fence installation activities that involve earth movement within the thread- leaved brodiaea preserve to avoid the incidental take through direct impacts of conserved plant species, and to avoid undesirable disturbance of the thread-leaved brodiaea preserve.

MON-3: Once the boundaries of the Pacific Industrial #1 HMP thread-leaved brodiaea transplantation within the preserve are delineated (per the requirements of Mitigation Measure 2), Pacific Industrial #1, or its designee, shall be responsible for conducting a thread-leaved brodiaea population census within the thread-leaved brodiaea preserve annually. The yearly thread-leaved brodiaea population census documentation shall be submitted to the City and CDFG, and maintained by the Project applicant, or its designee. If there are any

 P.O. BOX 501115 SAN DIEGO, CA 92150 858.391.8145  [email protected]

– 27 – persistent population declines documented in the annual population census reports, the Project applicant, or its designee, shall be responsible for conducting an assessment of the ecological factor(s) that are likely responsible for the decline, and implement management activity or activities to address these factors where feasible. In no event, however, shall Project related activities jeopardize the continued existence of the Pacific Industrial #1 HMP Project thread-leaved brodiaea populations. If a persistent population decline is documented, such as a trend in steady population decline that persists for a period of 5 consecutive years, or a substantial drop in population is detected over a 10-year period, thread-leaved brodiaea may be introduced in consultation with the CDFG. These activities shall be undertaken by a qualified botanist/biologist, subject to approval by the City and CDFG. The Project applicant, or its designee, shall be responsible for the funding and implementation of the necessary management activity or activities, including monitoring, as approved by the City and CDFG.

Annual viability reports shall be submitted to the City and CDFG to ensure long-term documentation of the thread-leaved brodiaea population status within the Pacific Industrial #1 HMP Project thread-leaved brodiaea preserve.

MON-4: Fencing shall be installed along the outside edge of the thread-leaved brodiaea preserve and buffer areas adjacent to proposed developments, parks, golf courses, or other active land uses to prevent unauthorized access. Specific areas that are adequately protected by steep terrain (1.5:1 or steeper) and or dense vegetation may not require fencing, but would require signage. Monitoring by the thread-leaved brodiaea preserve manager or qualified biologist would determine the need for fencing in these areas. If monitoring determines that slope and/or vegetation is not effective at deterring unauthorized access, additional fencing may be required to be added by the thread-leaved brodiaea preserve manager or qualified biologist.

10. FUNDING (CCR § 783.2(a)(1O))

Pacific Industrial #1 will provide full funding for the implementation of the minimization and mitigation activities described herein. Pacific Industrial #1, or a designee, will ensure the funding for agreed upon mitigation measures by posting bonds (or other CDFG-approved financial assurance mechanisms). The identified Habitat Manager will prepare a PAR based upon the approved HMP and this permits’ conditions to determine the annual cost of maintenance and monitoring to create the required endowment that Pacific Industrial #1 will be responsible for paying.

11. CERTIFICATION (CCR § 783.2(a)(1l))

I certify that the information submitted in this application is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit arid to civil and criminal penalties under the laws of the State of California.

Michael Jefferson, President BLUE Consulting Group Pacific Industrial #1 representative 858-391-8145 [email protected]

 P.O. BOX 501115 SAN DIEGO, CA 92150 858.391.8145  [email protected]

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12. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT

(CCR§ 783.3(b»

Section 783.3 of Title 14 of the California Code of Regulations lays out CEQA-compliance requirements where CDFG is the responsible or lead agency for purposes of issuing an Incidental Take Permit. Subsection 783.3(a) does not apply here because CDFG is the lead agency and not the responsible agency. Subsection 783.3(b) applies here because CDFG is the CEQA lead agency here.

Section 783.3(b) requires submittal of information by the Project applicant showing compliance with CEQA requirements. The submission of compliance information does not need to be concurrent with the submission of the Incidental Take Permit application: "[t]he analysis and information required by this section shall be provided to the Department [CDFG] as soon as reasonably practicable following the submission of a permit application" (CCR § 783.3(b).

Pursuant to CCR § 783.3(b), an applicant must submit the following information in addition to that information required by CCR § 783.2. First, the applicant must provide information to CDFG regarding whether the project may result in significant adverse environmental effects in addition to those impacts of taking analyzed in the Incidental Take Permit. Second, if additional significant adverse environmental effects are found to exist, the applicant must state whether feasible alternatives or mitigation measures would avoid or lessen those significant adverse effects. Third, the applicant must analyze all potentially significant adverse environmental effects resulting from the project and include a discussion of the feasible alternatives and mitigation measures that will be used to avoid or substantially lessen those significant adverse environmental effects with documentation to support that analysis. Fourth, if the analysis identifies significant adverse environmental effects for which feasible mitigation measures are not available, the applicant must also include a statement describing specific environmental, economic, legal, social, technological, or other benefits which might justify the significant environmental effects created by the project.

In addition to the attached Baldwin CE Brodiaea Filifolia HMP (BLUE, 2011), there is currently a Biological Assessment Report (attached) describing the proposed development and mitigation requirements for the Pacific Industrial #1 property (BLUE, 2011) as well as the draft Baldwin CE Brodiaea Filifolia Transplantation Plan (BLUE, 2012).

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13. LITERATURE CITED

Cal-IPC (California Invasive Plant Council). 2006. California Invasive Plant Inventory. Berkeley, California. February 2006. http://www.cal-ipc.org/ip/inventory/pdf/Inventory2006.pdf

Cal-IPC. 2007. "New Weeds Added to Cal-IPC Inventory." Cal-IPC News Spring 2007:10. http://www.cal- ipc.org/ip/inventory/pdf/WebUpdate2007.pdf

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

Menke, S.B. and D.A. Holway. 2006. "Abiotic Factors Control Invasion by Argentine Ants at the Community Scale." Journal of Animal Ecology 75:368-376.

U.S. Fish and Wildlife Service (USFWS). 2011. U.S. Fish and Wildlife Service Species Assessment and Listing Priority Assignment Form, Thread leaved brodiaea. USFWS. Washington, DC.

 P.O. BOX 501115 SAN DIEGO, CA 92150 858.391.8145  [email protected]

Attachment 7

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