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Bio Review Letter with Attachments

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Bio Review Letter with Attachments April 30, 2020 Betty Lou Hudson 17715 State Route 1 Marshall, California [email protected] RE: Biological Constraints Analysis of Residential Reconstruction Permitting Support Services, Marshall, Marin County, California (APN 106-270-05) Ms. Hudson, This letter provides a brief biological review and discussion of the methods and results of a September 12, 2019 site visit conducted by WRA, Inc. (WRA) to a private residence located at 17715 State Route 1, Marshall, Marin County (APN: 106-270-05; Study Area). In this letter we assess the protected species and sensitive habitats present at this property. Based on a review of the Study Area, there are no sensitive terrestrial (land) habitats; however, ornamental trees and shrubs may provide nesting bird habitat. Rocky to sandy intertidal aquatic habitat and eelgrass beds are present below the building structure. Special-status fish and marine mammals occur within the waters of Tomales Bay; however, due to the marginal habitat quality locally, incorporation of avoidance and minimization measures, and modifications of the Project design, any temporary project impacts will be minimal and are not expected to result in a significant change to the habitat’s existing condition. There are no wetland, stream, or riparian habitats, and there are no special-status plants that occur in the Study Area. SITE ASSESSMENT METHODS On September 12, 2019, a WRA biologist visited the Study Area (Attachment A, Figure 1) to determine (1) habitats present, (2) if existing conditions provide suitable habitat for any special- status plant or wildlife species, (3) the presence and extent of eelgrass habitat, which is subject to regulation under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and Section 404(b)(1) of the Clean Water Act (and Section 10 of the Rivers and Harbors Act), and (4) the location and extent of Environmentally Sensitive Habitat Areas (ESHAs), including wetlands, streams, and riparian areas, which may be subject to regulation under the California Coastal Act. Below the high tide line the Study Area overlaps with designated critical habitat for fish species and fisheries regulated by the National Marine Fisheries Service (NMFS) (e.g., coho salmon, steelhead, and green sturgeon) along with Essential Fish Habitat (EFH). Special-Status Plants There are 115 special-status plant species known to occur within the vicinity of the Study Area. The majority of the Study Area occurs over the waters of Tomales Bay and within the rocky intertidal, which have no potential to support special-status plant species. Terrestrial areas consist mostly of developed hardscape and a thin band of ruderal, weedy, and disturbed habitat unlikely to support any of the special-status species known to occur in the vicinity; therefore no special-status plant species have a moderate or high potential to occur within the Study Area. The terrestrial area immediately east of the Study Area is developed, consisting of buildings, paved hardscape, and ornamental plantings; therefore, the surrounding area does not supports any special-status plant species. Special-status Wildlife There are 48 special-status wildlife species known to occur within the vicinity of the Study Area. The majority of these species do not have a moderate or high potential to occur within the Study Area due to one or more of the following reasons: • Freshwater aquatic habitats (e.g., rivers, anadromous streams, ponds, seasonal pools) necessary to support the special-status wildlife species are not present in the Study Area; • Vegetation habitats (e.g., coast redwood forest, coastal prairie, dense emergent marsh) that provide nesting and/or foraging resources necessary support the special-status wildlife species are not present in the Study Area; • Physical structures and vegetation (e.g., mines, old-growth trees) necessary to provide nesting, roosting, cover, and/or foraging habitat to support the special-status wildlife species are not present in the Study Area; • The Study Area is outside of the special-status wildlife species documented nesting range. Monterey pine and Monterey cypress growing in ruderal/landscaped sections of the terrestrial portion of the Study Area comprise suitable habitat for nesting birds, including special-status nesting bird species (Attachment B). Additionally, waters of Tomales Bay have the potential to support the following special-status fish which may utilize the waters and eelgrass beds for foraging, rearing, cover, and migration: • Coho salmon – central California coast ESU (Oncorhynchus kisutch) – Federal Endangered (FE), State Endangered (SE) • Longfin smelt (Spirinchus thaleichthys) – Federal Candidate, State Threatened (ST), SSC • Steelhead – central California coast DPS (Oncorhynchus mykiss) – Federal Threatened (FT) • Green sturgeon (Acipenser medirostris) – FT, SSC The following marine mammals may also occur in the waters of Tomales Bay: • Steller’s sea lion (Eumetopias jubatus) • California sea lion (Zalophus californianus) • Northern elephant seal (Mirounga angustirostris) • Harbor seal (Phoca vitulina) • Sea otter (Enhydra lutris) • Bottlenose dolphin (Tursiops) • Harbor porpoise (Phocoena phocoena) • Gray whale (Eschrichtius robustus) • Humpback whale (Megaptera novaeangliae) 2 The above listed fish and marine mammal species may occur within Tomales Bay; however, no migration or rearing habitat is present for marine mammals within the Study Area. Any instance of these species within the Study Area would be considered errant and fleeting, as the species would not be occupying (i.e., occurring) within the Study Area. POTENTIAL PROJECT CONSTRAINTS Potential Impacts Analysis Project activities that occur within rocky intertidal habitat would result in temporary and permanent impacts to an ESHA. Any placement of structures or shading below the high tide line would result in permanent impacts to waters of the United States and waters of the State. Staging activities that affect Monterey pine or Monterey cypress could potentially impact nesting birds, including special-status bird species, if performed during the active nesting season (approximately March 1 to August 15). There is only marginal habitat for marine mammal species in the Study Area. Habitat for special- status fishes is present and those species may occur within the Study Area. However, with implementation of seasonal work windows and minimization measures incorporated into the Project, no impacts to special-status fishes are anticipated to occur. No significant functional changes in habitat quality or quantity for special-status plant or wildlife species (other than fishes) are expected to occur. The placement of structures within or over eelgrass beds would permanently impact sensitive eelgrass habitat and EFH. Permitting Needs The parcel lies entirely with the Coastal Zone. Any activity within the Study Area would require the Project to comply with the Marin Local Coastal Program under the California Coastal Act. A Coastal Permit or amendment to an existing permit will be required because the Project is located within the Coastal Zone. Impacts below the high tide line, depicted in Attachment A, Figure 3, would require Section 404/Section 10 (Corps) and Section 401 (RWQCB) permits. Impacts to rocky intertidal habitat or eelgrass beds would require the Corps to consult with NMFS (Section 7 consultation). Potential Project Impacts and Mitigation Impacting trees or shrubs during the nesting bird season may require nesting bird surveys and additional avoidance/minimization measures if actively nesting birds are present. Impacts may include pruning or cutting or removal of trees, or construction activities that commence near trees where nesting may occur. Disturbance to eelgrass beds would require the previously-mentioned permit applications plus additional monitoring for three to five years after Project completion, including pre- and post- construction eelgrass surveys. If after five years eelgrass beds have declined, agencies may require compensatory mitigation. Compensatory mitigation could consist of planting eelgrass in 3 unvegetated eelgrass habitat, paying into a nonprofit fund to restore eelgrass bed habitat, or paying into an eelgrass bed mitigation bank if one becomes available in the area. On-site mitigation for any eelgrass habitat is likely to be accomplished, if approved by the agencies, within the existing footprint of the fallen pier where concrete rubble exists in the tidal range suitable for eelgrass growth (up to approximately 50 square meters). Restoration could involve removal of the rubble, preparing the surface, harvesting eelgrass shoots from dense eelgrass beds off site, and replanting those shoots in the areas where rubble would be removed. Although in some areas around Tomales Bay additional shoreline restoration actions (e.g., living shorelines or oyster reefs) are beneficial, the areas surrounding the Project already support intact and healthy eelgrass beds. This is high quality habitat and any restoration beyond those efforts as described above, may end up negatively affecting these beds and decreasing habitat values. SUMMARY The Study Area does not support sensitive terrestrial (land) biological communities; however, rocky intertidal aquatic habitat and eelgrass vegetation is present within the aquatic portion of the Study Area. Rocky intertidal habitat is an ESHA, and Tomales Bay is designated as a water of the United States (404) and State (401). Eelgrass beds are ESHAs, critical habitat, and EFH.
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