REVISED BIOLOGICAL RESOURCES ASSESSMENT FOR THE

±58-ACRE DARKHORSE STUDY AREA

NEVADA COUNTY,

Prepared for: Asian Pacific Group 18500 Von Karmen Ave., Ste. 500 Irvine, CA 92612

Prepared by:

11601 Blocker Drive, Suite 100 Auburn, California 95603 (530) 888‐0130

MARCH 2017

TABLE OF CONTENTS

Introduction ...... 1

Project Location...... 1 Project Setting ...... 1 Objectives of Biological Resources Assessment ...... 4

Methods ...... 4

Literature Review ...... 4 Special-Status Species Reports ...... 4 Field Assessments ...... 5

Survey and Literature Search Results ...... 5

Biological Communities ...... 5 Foothill Woodland ...... 9 Annual Grassland ...... 10 Golf Course ...... 11 Ruderal ...... 11 Developed ...... 11 Waters of the United States ...... 12 Special-Status Species ...... 12 ...... 18 Wildlife ...... 18

Recommendations ...... 20

Waters of the United States ...... 20 Streams, Pond, and Riparian Habitat ...... 20 Tree Conservation ...... 21 Special-Status Plants ...... 21 Special-Status Wildlife ...... 21 Valley Elderberry Longhorn Beetle ...... 21 Pre-Construction Nesting Surveys ...... 21

References and Other Resources ...... 23

FIGURES Figure 1. Site & Vicinty ...... 2 Figure 2. Aerial Photograph ...... 3 Figure 3. Habitat Map ...... 6 Figures 4 Tree Canopy Map ...... 7

Figure 5. Site Photos ...... 8 Figure 6. CNDDB Special-Status Species Occurrence Locations ...... 13

TABLES

Table 1. Biological Communities Present Within the Darkhorse Study Area ...... 5 Table 2. Tree Groves and Counts ...... 10 Table 3. Waters of the U.S ...... 12 Table 4. Special Status Species Determined to have NO POTENTIAL to Occur Within the Darkhorse Study Area ...... 14 Table 5. Special Status Species Determined to have SOME POTENTIAL to Occur Within the Darkhorse Study Area ...... 17

APPENDICES

Appendix A. Species Observed Within the Study Area

Appendix B. Wildlife Species Observed Within the Study Area

Appendix C. Potentially-Occurring Special-Status Plants

Appendix D. Potentially-Occurring Special-Status Animals

Biological Resources Assessment for the ±58-ACRE DARKHORSE STUDY AREA

INTRODUCTION

In January 2016, Salix Consulting, Inc. (Salix) prepared a Biological Resources Assessment (BRA) for the ±58-acre Darkhorse Study Area (study area) located in unincorporated Nevada County, California, northwest of Lake Combie. Over the ensuing months, the proposed project was revised, and comments were received from various agencies regarding analysis they would prefer in the environmental impact assessment. Salix has reviewed and revised the BRA to ensure it 1) adequately covers the current proposed project and 2) sufficiently addresses comments from all agencies.

Project Location The site occurs in the eastern portion of the existing Dark Horse Golf Course and Residential Community, located approximately 2 miles east of Highway 49, adjacent to the community of Lake of the Pines. Access to the site is provided via Combie Road and Darkhorse Boulevard. It is situated in Section 26 of Township 14 North and Range 8 East on the Lake Combie USGS 7 ½ minute quadrangle (Figure 1). The approximate coordinates for the center of the property are: 38⁰44’ 31” N and 121⁰ 12’ 40” W.

Project Setting The study area is located in the foothills, mostly in hilly terrain along the eastern edge of the Darkhorse golf community at elevations ranging between approximately 1630 feet and 1700 feet.

Project Background

In 1998, an Environmental Impact Report (EIR) was prepared for the entire 1,046- acre Dark Horse Golf Course and Residential Community Project (Dark Horse Community), located along the eastern side of the community of Lake of the Pines (ESA 1998). As part of the EIR, biological resources of the entire project site were evaluated and potential project-related impacts were addressed. Wetland delineation results were included in the EIR, along with tree survey results and information obtained through reconnaissance-level surveys.

The current project area is comprised of several separate undeveloped areas within the study area that are part of the existing golf course and residential community established in the early 2000s (Figure 2). These areas remained undeveloped due to economic considerations, and the property ultimately changed ownership. Portions of the undeveloped areas identified in Figure 2 are now being considered for future development.

Darkhorse Salix Consulting, Inc. Biological Resources Assessment 1 Revised March 2017 Legend Figure 1 Study Area (±58 acres) SITE AND VICINITY MAP 0 1,000 2,000 Darkhorse Feet Nevada County, CA 1

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Objectives of Biological Resources Assessment  Identify and describe the biological communities present in the study area  Record plant and animal species observed in the study area  Evaluate and identify sensitive resources and special-status plant and animal species that could be affected by project activities  Provide conclusions and recommendations.

METHODS

Literature Review As part of this assessment, Salix biologists reviewed aerial photographs, USGS maps, and site maps for the study area. Standard publications were reviewed to provide information on life history, habitat requirements and distribution, of regionally occurring animal species. They include published books, peer-reviewed articles, field guides, and the California Wildlife Habitats Relationships Program. The 1998 EIR for the Darkhorse Golf Course and Residential Community was also reviewed as part of this assessment for additional information of natural resources of the study area and surrounding region. Publications utilized in this assessment are included in the References section of this document.

Special-Status Species Reports To determine which special-status species could occur within or near the study area Salix biologists queried the California Natural Diversity Data Base (CDFW 2015) and the California Native Plant Society Inventory (CNPS 2015) for reported occurrences of special-status fish, wildlife, and plant species in the region surrounding the study area. The five-quadrangle search area included the Lake Combie, Grass Valley, Wolf, Auburn, and Colfax USGS quadrangles. Salix biologists also reviewed the following special- status species lists for the project vicinity:

 U.S. Fish and Wildlife Service (USFWS) IPaC Trust Resources Report generated for the Darkhorse study area;  California Department of Fish and Wildlife Special Animals List, and  California Department of Fish and Wildlife Special Vascular Plants, Bryophytes, and Lichens List. For the purposes of this report, special-status species are those that fall into one or more of the following categories:

 Listed as endangered or threatened under the federal Endangered Species Act (or candidate species, or formally proposed for listing);  Listed as endangered or threatened under the California Endangered Species Act (or proposed for listing);  Designated as rare, protected, or fully protected pursuant to California Fish and Game Code;

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 Designated a Species of Special Concern by the California Department of Fish and Wildlife, or  Designated as Ranks 1, 2 or 3 on lists maintained by the California Native Plant Society.

Field Assessments Field assessments of the study area were conducted by Jeff Glazner in December 2015 and January 2016 to provide existing information and assess the site for the presence or absence of sensitive resources. During the field assessment, plants and animals observed on site were recorded, habitat types were determined, and the potential for the site to support special-status species known from the region was assessed. In addition, Landmark Trees and Groves were mapped and loosely inventoried in accordance with Nevada County Code related to tree preservation. Appendix A is a list of plants observed, and Appendix B is a list of wildlife observed onsite. Plant names are according to The Jepson Manual: Vascular Plants of California, Second Edition (Baldwin et. al. 2012). Standard manuals were used to identify wildlife species observed.

SURVEY AND LITERATURE SEARCH RESULTS

Biological Communities Biological communities of the study area were mapped and are summarized in Table 1 and illustrated in Figure 3. In addition, tree groves were mapped by walking the perimeter of the canopy with a submeter GPS (Figure 4). Representative site photographs of the study area are presented in Figure 5. Areas designated as “waters of the U.S.” throughout the Study Area, including streams and wetlands, are discussed below under Waters of the U.S.

Table 1. Biological Communities/Habitat Types within the Darkhorse Study Area

Biological Community Approximate Acreage Foothill woodland 28 Annual grassland 14 Golf course 6 Ruderal 1 Developed 9 Total 58

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Habitat Types Landon Evan Ln Foothill Woodland (±28 acres) Annual Grassland (±14 acres) Darkhorse Dr Developed (±9 acres) Golf (±6 acres)

P Ruderal (±1 acre) en in s u la D r Imagery ©2016 , DigitalGlobe, U.S. Geological Survey, USDA Farm Service Agency Legend Figure 3 0 250 500 Study Area (±58 acres) HABITAT MAP Feet Darkhorse Elderberry Location Nevada County, CA Masters Ct

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P en in su la D r Imagery ©2016 , DigitalGlobe, U.S. Geological Survey, USDA Farm Service Agency Legend Figure 4 Study Area (±58 acres) Landmark Tree 0 250 500 CANOPY MAP Canopy (±28 acres) Feet Darkhorse Nevada County, CA Oak woodland stand near clubhouse parking lot. Photo date 12-15-15

View from golf cart path into a typical foothill woodland area. Photo date 1-10-16

Annual grassland habitat between oak groves. Photo date 12-17-15

Figure 5 SITE PHOTOS Darkhorse Nevada County, CA

Foothill Woodland The primary vegetation type of the project site is Foothill Woodland (28-acres). This community is mainly composed of a mixture of black oak, blue oak, foothill pine, and interior live oak. Scattered valley oak and oracle oaks also occur in some locations throughout the site, particularly to the north. Shrub cover is irregular throughout this habitat type and generally consists of buckbrush, poison oak, California coffeeberry, and infrequently, whiteleaf manzanita. Valley oaks are not common but are present on site.

Oak groves (foothill woodlands) were mapped for this analysis. Discrete polygons were drawn around each grove with canopy cover over 30% (Figure 4). In addition, trees over 6” dbh were enumerated, and the data is provided in Table 2 on the following page. The most common oak throughout the study area is interior live followed by black, blue, and valley oaks. Foothill pine and ponderosa pine were very common associated species within the woodlands.

The Nevada County General Plan designates contiguous stands of oak woodland with a canopy of 33 percent or greater as Landmark Oak Groves. The 1998 EIR (ESA 1998) identified and mapped Landmark Oak Groves located throughout the Dark Horse Community project site (refer to Figure 4.10-2 of the EIR). The EIR indicates that much of the mixed oak woodland located throughout the project area would fall under this category. In this study area, 29 groves were mapped, totaling 28 acres (Figure 4).

Landmark Oak Trees are defined in the Nevada County General Plan as “All native oak tree species with a trunk diameter of 36 inches or greater…” (EIR 1998). The survey conducted for this study area identified 18 Landmark Oak trees meeting this criteria (Figure 4 and Table 2).

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Table 2 Tree Groves and Counts - Darkhorse

Grove Blue Live Black Valley Foothill Ponderosa Incense Landmark Number Oak Oak Oak Oak Pine Pine Cedar Oaks* Totals 1 50 0 0 0 1 0 0 0 51 2 4 0 0 0 0 0 0 1 4 3 6 1 0 0 0 0 0 1 7 4 4 2 4 0 3 32 0 0 45 5 0 1 0 0 0 0 0 0 1 6 27 17 14 0 21 62 0 2 141 7 11 7 6 0 4 16 1 1 45 8 73 21 2 0 6 1 0 2 103 9 52 6 1 0 1 0 1 1 61 10 60 1 0 0 0 0 0 0 61 11 6 3 0 0 1 0 0 0 10 12 15 18 11 0 24 0 0 0 68 13 21 5 0 0 3 0 0 0 29 14 6 1 0 0 0 0 0 0 7 15 2 0 0 0 0 0 0 0 2 16 25 3 0 0 0 0 0 0 28 17 3 8 3 0 0 0 0 4 14 18 23 14 3 0 16 18 0 3 74 19 2 0 0 0 0 0 0 0 2 20 0 0 2 0 0 0 0 2 2 21 79 10 8 0 17 24 0 0 138 22 30 0 0 0 3 0 0 0 33 23 1 9 1 0 0 0 0 1 11 24 14 20 11 9 24 2 0 0 80 25 11 10 0 1 0 1 0 0 23 26 6 0 0 0 0 0 0 0 6 27 41 15 12 1 2 1 0 0 72 28 12 0 0 0 0 0 0 0 12 29 158 6 4 0 1 10 0 0 179

Totals 742 178 82 11 127 167 2 18 1309

* Landmark Oaks are included in species totals.

Annual Grassland Annual grassland (14-acres) occurs in many areas outside of the oak canopies. This plant community is primarily grasses, including hedgehog dogtail, blue wildrye, ripgut grass, medusahead, and soft chess. Common non-grass species include broad leaf filaree, California bur-clover, Italian thistle, and blue dicks.

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Golf Course The golf course (6-acres) represents the edge of the study area in many locations. The golf course habitat type is represented by several landcovers including turf, sand trap, and golf cart paths.

Ruderal The ruderal habitat type (1-acre) is represented by areas of highly disturbed ground. Typically, these are areas that are worked by machinery or where the ground has been scraped, and vegetation is sparse and weedy.

Developed The developed habitat type (9-acres) includes roads, parking lots, buildings and similar areas where there is little to no vegetation.

Wildlife

Despite existing levels of development on adjacent parcels, the study area is expected to be frequented by a variety of wildlife typical of surrounding woodland habitats, including resident and migratory songbirds, small to mid-sized mammals and resident deer. Locally-common raptors including red-shouldered hawk and owls, such western screech owl, are resident of the area. Bird species observed or detected on or near the site during the field survey included: American robin, spotted towhee, western scrub jay, Anna’s hummingbird, acorn woodpecker, oak titmouse, and American crow. Western gray squirrel was commonly observed on the site.

The possibility for the study area to support nesting raptors is prevalent. Tree cavities provide nesting opportunity for owls, American kestrel, or a number of other songbirds.

Mule deer (Odocoileus hemionus) was observed throughout the study area on regular occasions. A large population of resident deer is present in the area. According to the 1998 EIR (ESA, 1998), The study area occurs within the territory of the resident Motherlode Deer Herd, southwest of areas mapped as deer winter range. The EIR notes that Figure 5-4 in the Nevada County Master Environmental Inventory of the General Plan (Volume 3) indicates that the study area does not occur within or near areas identified as crucial deer winter range, major deer migration corridor, known critical deer fawning areas, or known deer holding areas.

A list of wildlife species observed during the site assessments is provided in Appendix B.

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Waters of the United States Waters of the Unites States were delineated in conjunction with the biological analysis of the study area, and the delineation is presented under separate cover. Table 3 summarizes the mapped waters in the study area. A wetland delineation report is being prepared under separate cover.

Table 3. Waters of the United States – Darkhorse Study Area Type Acreage Wetland Type: Seasonal wetland 0.047 Wetland swale 0.134 Other Waters: Ephemeral stream 0.058 Total 0.239

Most of study area occurs in higher landscape positions and on hilly terrain, where waters of the U.S. are minimal and usually take the form of a wetland swale or ephemeral stream.

Special-Status Species To determine potentially-occurring special-status species, the standard databases from the USFWS, CDFW (CNDDB 2017), and CNPS were queried and reviewed. These searches provided a comprehensive list of regionally occurring species and were used to determine which species have some potential to occur within or near the study area. Appendix C lists potentially-occurring special-status plants, and Appendix D lists special-status animals compiled from our queries as described above. The field survey and the best professional judgment of Salix biologists were used to further refine the tables in Appendices C and D. Additionally, plant species found on the CNPS List 3 and 4 are not considered further in the document. Figure 6 shows approximate locations of reported occurrences of CNDDB special-status wildlife and plants, respectively, within a five-mile radius of the study area.

Of the 14 potentially-occurring plant species in Appendix C, one Jepson’s onion ( jepsonii) was identified as occurring within a 5-mile radius of the study area (Figure 6). This species and nine (9) of the remaining species in Appendix C were determined have no potential for occurring onsite due to the absence of suitable habitat or substrates, or the site occurring outside the range of the species. These are summarized in Table 4 below.

Of the 12 animal species in Appendix D, three (3) were identified as occurring within the 5-mile radius of the study area (Figure 6). One of the animal species occurring within the 5-mile radius and nine (9) of the remaining species in Appendix D were determined to have no potential for occurring onsite due to the absence of suitable habitats. These are summarized in Table 4 below.

Darkhorse Salix Consulting, Inc. Biological Resources Assessment 12 Revised March 2017 CNDDB Special-Status Species Plants *# Allium jepsonii

Animals (! western pond turtle

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Table 2 below provides a summary of the 10 plant species and 10 animal species determined to have no potential for occurring onsite.

Table 4. Special Status Species Determined to have NO POTENTIAL to Occur Within the Darkhorse Study Area

Reason for NO Status* Species Habitat POTENTIAL to Federal State CNPS occur

Plants Chaparral; cismontane Site lacks Red Hills soaproot - 1B.2 woodland[serpentinite or gabbro/serpentine Chlorogalum grandiflorum gabbroic].; (ultramafic) soils. Cismontane woodland; lower Site lacks serpentine Jepson’s Onion 1B.2 montane coniferous forest; soils. Allium jepsonii [serpentinite or volcanic].; Chaparral (openings); Site lacks Stebbins' morning-glory cismontane gabbro/serpentine FE CE 1B.1 Calystegia stebbinsii woodland; [serpentinite or (ultramafic) soils. gabbroic]. Serpentinite, gabbroic. Site lacks Chaparral. Cismontane gabbro/serpentine Chaparral sedge - - 1B.2 woodland. Lower montane (ultramafic) soils. Carex xerophila coniferous forest

Site lacks Chaparral; cismontane gabbro/serpentine Pine Hill flannelbush FE CR 1B.2 woodland; (ultramafic) soils. Fremontodendron decumbens [gabbroic or serpentinite].

Lower montane coniferous Site lacks serpentine Follett’s monardella - 1B.2 forest; soils. Monardella follettii [rocky, serpentine]. Scadden Flat Site lacks suitable Marshes and swamps checkerbloom - CE 1B.1 marsh habitat. (montane freshwater) Sidalcea stipularis Lower montane coniferous forest; meadows and seeps, Site lacks suitable Brownish beaked-rush marshes and swamps, upper habitat.. - 2B.2 Rhynchospora capitellata montane coniferous forest. mesic.

Vernal pools (cismontane Site lacks Finger rush woodland; lower montane appropriate habitat. - - 1B.1 Juncus digitatus coniferous forest)

Site occurs outside Cedar Crest popcorn Cismontane woodland. Seeps elevation range of flower and moist openings in species. May be no 3 Plagiobothrys grasslands, at approximately suitable habitat in glyptocarpus modestus 2800 ft. elevation study area.

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Table 4. Special Status Species Determined to have NO POTENTIAL to Occur Within the Darkhorse Study Area

Reason for NO Status* Species Habitat POTENTIAL to Federal State CNPS occur

Fish Occurs below man-made impassable barriers in the Sacramento and San Joaquin Steelhead, Central Valley rivers and tributaries. Yuba No suitable habitat ESU FT - River has essentially the only present. Oncorhynchus mykiss iideus remaining wild steelhead fishery in Central Valley.

No suitable habitat Endemic to the Sacramento- present. Located Delta smelt FT CT San Joaquin Delta in coastal outside of species' Hypomesus transpacificus and brackish waters. range.

Amphibians Ponds and deeper pools along California red-legged frog streams with emergent or No suitable habitat FT SSC - Rana draytonii overhanging vegetation. present onsite. Surface water to at least June. Found in partially shaded, Foothill yellow-legged shallow streams with rocky frog - SSC - substrates. Needs some No suitable habitat Rana boylii cobble-sized rock as substrate present onsite. for egg-laying.. Reptiles Open lowlands, washes, and sandy areas with exposed Coast horned lizard gravelly-sandy substrate No suitable habitat Phrynosoma blainvillii - SSC containing scattered shrubs. present onsite. Edge of Sacramento Valley and in Sierra Nevada foothills. Birds Occurs along shorelines, lake margins, and rivers. Nests in No suitable nesting Bald eagle CE, CFP large habitat present Haliaeetus leucocephalus old-growth or dominant trees onsite. with open branches. Inhabits salt, fresh, and brackish water marshes with California black rail little daily and/or annual No suitable habitat Laterallus jamaicensis - CT - water fluctuations. In present onsite. coturnculus freshwater habitats, preference is for dense bulrush and cattails.

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Table 4. Special Status Species Determined to have NO POTENTIAL to Occur Within the Darkhorse Study Area

Reason for NO Status* Species Habitat POTENTIAL to Federal State CNPS occur

American Peregrine Study area lacks Nests in cliffs, banks, dunes, Falcon SSC suitable nesting mounds, and tall man-made Falco peregrinus anatum habitat. structures. Mammals Most common in mesic sites with forest or woodland Townsend’s big-eared bat component. No suitable habitat Corynorhinus townsendii SSC Roosting/maternity sites in present onsite. townsendii caves, mines, lava tubes, tunnels and buildings. Intermediate to large-tree stage coniferous forests and Fisher- West Coast DPS No suitable habitat FPT CC, SSC - riparian woodlands with a Pekania pennanti present onsite. high percent level of canopy closure.

*Status Codes: Federal CNPS FE Federal Endangered Rank 1B Rare, Threatened, or Endangered in FPT Federal Proposed Threatened California FT Federal Threatened Rank 2 R, T, or E in California, more common elsewhere State 1- Seriously threatened in California CC California Candidate 2- Fairly threatened in California CE California Endangered 3- More information needed CFP California Fully Protected CR California Rare CT California Threatened SSC California Species of Concern

Table 5 below provides a summary of the four (4) plant species and two (2) animal species that have been determined to have some potential to occur within the study area based on the analysis of potential to occur presented in Appendices C and D. Discussions for the identified species are provided following Table 5.

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Table 5. Special Status Species Determined to Have Some Potential to Occur Within Darkhorse Study Area Potential for Status* Occurrence Species Habitat Federal State CNPS Within Study Area** Plants Chaparral; cismontane Unlikely. Marginal Western viburnum woodland; lower montane habitat present. - - 2B.3 Viburnum ellipticum coniferous forest.

Sierra bluegrass Lower montane coniferous Unlikely. Marginal - 1B.3 Poa sierrae forest. habitat present. Dubious pea Cismontane woodland; upper and lower montane Unlikely. Marginal Lathyrus sulphureus 3 coniferous forest. habitat present. argillaceus Chaparral; cismontane woodland; lower montane Unlikely. Marginal Butte County fritillary 3.2 coniferous forest (openings). habitat present. Fritillaria eastwoodiae Sometimes serpentinite . Invertebrates Valley elderberry longhorn beetle Requires host plant - Possible. Elderberry FT - - Desmocerus californicus elderberry shrubs shrubs observed in dimorphus study area. Reptiles Inhabits permanent aquatic Unlikely. Study area habitats (ponds, marshes, lacks suitable aquatic Western pond turtle rivers, streams) with - SSC - habitats, although Emys marmorata suitable basking sites and ponds occur in adjacent upland habitat. nearby areas.

*Status Codes: **Definitions for the Potential to Occur: Federal Unlikely: Minimal or marginal quality habitat in the FT Federal Threatened study area. Possible. Suitable habitat occurs within the study area. State Likely. Study area provides desirable habitat for species SSC California Species of Concern and there is a very high probability for its occurrence.

Observed: Species was observed within the study area. CNPS Rank 1B Rare, Threatened, or Endangered in California Rank 2 R, T, or E in California, more common elsewhere 1- Seriously threatened in California 2- Fairly threatened in California 3- More information needed

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Plants Several special-status plants are known from the surrounding project region and are shown in Figure 6. Only one, Jepson’s onion (Allium jepsonii), occurs within a 5-mile radius of the study area and requires serpentine soils that are not present within the study area; this species has no potential to occur on the site.

Two species, Red Hills soaproot (Chlorogalum grandiflorum) and Western viburnum (Viburnum ellipticum) occur just outside the five-mile radius of the study area. Red Hills soaproot requires ultramafic soils which do not occur within the study area, thus this species has no potential to occur on the site.

Western viburnum occurs in chaparral, ponderosa pine forest, cismontane woodland and lower montane coniferous forest, generally on north-facing slopes at elevations ranging from approximately 700- 4590 feet. It has no state or federal status, but has a California Rare Plant Rank of 2B.3. The nearest recorded occurrence of western viburnum is from approximately 6 miles south of the site between I-80 and Foresthill Road. Habitat in the study area is marginal, and it is unlikely that the species occurs in the study area.

Sierra bluegrass (Poa sierrae) has a CNPS Rare Plant Rank of 1B.3. A native perennial grass, it occurs in lower montane coniferous forests, on shady moist slopes, often on mossy rocks and in canyons at elevations ranging from 1148 to 4920 feet. The nearest recorded occurrence is northeast of Colfax. Habitat in the study area is marginal, and the species is unlikely to occur in the study area.

Dubious pea (Lathyrus sulphureus argillaceus), a dicot of the Fabaceae family, has a CNPS Rare Plant Rank of 3. A native perenial herb, it occurs at elevations between approximately 490 feet and 3,050 feet, in cismontane woodland and upper and lower montane coniferous forest. Its bloom period is April and May. The two nearest occurrences of dubious pea are from 1926 and 1980 and were not confirmed when the sites were revisited in 2011. Habitat within the study area is marginal, and the species is unlikely to occur.

Butte County fritillary (Fritillaria eastwoodiae), a monocot of the family, has a CNPS Rare Plant Rank of 3.2. A native perennial herb (), it occurs at elevations between approximately 165 and 4,900 feet in chaparral, cismontane woodland, lower montane coniferous forest openings, sometimes in serpentine soils. Its bloom period is March through June. There are no serpentine soils within the study area, and habitat within the study area is marginal; thus the species is unlikely to occur.

Wildlife Of the 12 special-status animals identified through the database searches and other literature as occurring within the broader region surrounding the study area, only one was determined to be “possible” to occur due to the presence of suitable habitat (valley elderberry longhorn beetle), and one was ranked as “unlikely to occur”(western pond turtle) (Table 5).

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Many species were determined to have no potential for occurring within the study area due to the absence of suitable habitat (Table 2). In particular, the site lacks aquatic habitats to support Central Valley steelhead, Delta smelt, California red-legged frog, foothill yellow-legged frog, bald eagle, and California black rail. Central Valley Steelhead (Oncorhynchus mykiss irideus) is an anadromous form of rainbow trout that emigrates to sea and later returns to freshwater to spawn. Steelhead spawn in winter or early spring after salmon have typically spawned. They often require high water to provide access to upper watershed and spawning and rearing areas. Spawning occurs in clean, loose gravels and swift, shallow water. They generally prefer shallower stream depths and smaller gravel than salmon, but prefer similar water velocities. Juvenile steelhead often remain in freshwater for at least one year before out- migrating to the ocean. While in freshwater, young steelhead are typically found in cool, fast-flowing permanent streams and rivers where riffles predominate over pools and there is ample riparian and instream cover (NMFS 2009). None of these habitats is present within the study area. California red-legged frog (Rana draytonii), a federally threatened species and SSC species, prefers aquatic habitats with little or no flow, the presence of surface water to at least early June, surface water depths to at least 0.7 meter (2.3 feet), and the presence of fairly sturdy underwater supports such as cattails. Only isolated populations of California red-legged frog (CRLF) have been documented in the Sierra Nevada foothills region (USFWS 2002). There are no documented occurrences within 5 miles of the study area. Due to the lack of habitat and the study area occurring outside of the current range of the species, there is no potential for occurrence of California red-legged frog onsite.

Bald eagles (Haliaeetus leucocephalus) require large bodies of water, or free-flowing rivers with nearby perches, including snags, large-limbed tall trees, or rocks near water. Due to the lack of suitable nesting and foraging sites, this species is not expected to occur within the study area. A bald eagle was observed flying over the southernmost portion of the site, but it was not observed foraging, and it did not land. California black rail (Laterallus jamaicensis coturnculus) is a scarce and secretive resident bird that occurs in saline, brackish, and freshwater wetlands (Zeiner et al. 1990). Once mainly known from tidal marshes in the San Franciso Bay, it has recently been found in the Sierra Nevada foothills (Beedy and Pandolfino 2013). In the foothills region, it is known to occur in wet meadows and wetlands with dense emergent vegetation, such as cattails and bulrush, and having shallow, consistent water levels. These birds regularly move around to new sites in response to changes in local conditions. Nesting generally takes place from mid-March through early June. There are no documented occurrences of California black rail within a 5-mile radius of the study area (CNDDB 2015). The study area does not provide habitat components considered suitable for the species (shallow, persistent surface water and dense emergent vegetation). Based on the lack of habitat available and the rarity of the species within the region, there is no potential for occurrence of California black rail in the study area.

One of the identified animal species were ranked as “possible”to occur (Table 5), and one was ranked as “unlikely” to occur. The discussions below includes these species.

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Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) is a federal threatened species. Live elderberry shrubs (Sambucus nigra ssp. caerulea) are this borer’s exclusive host plant. Adult valley elderberry longhorn beetles (VELB) emerge from pupation inside the wood of these shrubs in the spring as their flowers begin to open. Exit holes made by the emerging adults are distinctive small oval openings (approx. ¼- inch width). Elderberry shrubs that contain live stems of one inch or greater at ground level (USFWS 1999) are considered potential habitat for the species by the U.S. Fish and Wildlife Service. Elderberry plants with no stems measuring 1.0 inch or greater at ground level are not considered habitat for the beetle. Two live elderberry shrubs were observed at one location in December 2015 just north of the clubhouse parking area at the top of an ephemeral stream (see location shown on Figure 3). Exit holes were not observed in these shrubs, however and it is possible they support VELB.

Western pond turtle (Emys marmorata), a SSC species, occurs in association with streams, rivers, and ponds containing suitable cover and basking sites. This species is normally associated with ponds, streams, lakes, marshes, and permanent pools along intermittent streams. Suitable basking sites along streams or ponds include partially submerged logs, rocks, mats of floating vegetation, or open streambanks. Suitable upland habitat, such as sandy banks or grassy fields, located adjacent to the aquatic habitat is required for egg-laying. Nesting takes place in a variety of soil types from loose sandy soils to compact soils, and in a variety of habitat types.

Suitable habitat for western pond turtle, consisting of ponds or deeper pools along streams, does not occur within the study area, although ponds do occur in nearby areas offsite (near the clubhouse, for example). Proposed activities in the study area will likely not have any effect on western pond turtle. However, because of the proximity of the project to at least one pond, it would be prudent to conduct preconstruction surveys of the immediate surroundings of the pond to ensure there are no pond turtles in areas that will be disturbed. Pond turtles can easily be relocated if found.

RECOMMENDATIONS

Waters of the United States The study area contains areas that qualify as waters of the United States. Activities that place fill in these areas would require a permit from the U.S. Army Corps of Engineers pursuant to Section 404 of the federal Clean Water Act. The project would also need to obtain a water quality certification from the California Regional Water Quality Control Board pursuant to Section 401 of the federal Clean Water Act.

Streams, Pond, and Riparian Habitat Impacts to the bed, bank, or channel of streams or ponds require a Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW). A few of the drainages in the study area may require a Streambed Alteration Agreement if there are proposed impacts.

Darkhorse Salix Consulting, Inc. Biological Resources Assessment 20 Revised March 2017

Tree Conservation The purposes of Section L-II 4.3.15 (Trees) of the Nevada County Code are as follows: to minimize removal of existing trees and protect existing trees during construction; to encourage protection of trees to provide suitable habitat for native wildlife; to preserve and minimize the disturbance of landmark and heritage trees and groves from development projects through on-site vegetation inventories, mandatory clustering, and other measures necessary to protect such habitat; and to maximize the long-term preservation, protection, and integrity of their natural setting.

The Code specifies definitions and standards regarding the preservation of native oak trees, trees of historic or cultural significance, groves and stands of mature trees, and mature trees in general, which are associated with proposals for development. The applicant should consult with Nevada County to determine what provisions of the ordinance are applicable.

Special-Status Plants The site contains marginal habitat for Sierra bluegrass, a CNPS Rank 1B species, western viburnum, a Rank 2B species, and two Rank 3 species (dubious pea and Butte County fritillary). Nevada County may require special-status plant surveys to determine if any individuals are present onsite. Should any individual special-status plant species be located within the study area, appropriate mitigation measures shall be developed in coordination with the Nevada County Planning Department.

Special-Status Wildlife

Valley Elderberry Longhorn Beetle Two elderberry shrubs were observed at the top of a draw just north of the clubhouse. Elderberry shrubs are the sole host of the valley elderberry longhorn beetle, designated as Threatened, and protected by the federal Endangered Species. If any disturbance to the shrubs is proposed, a federal permit will be needed.

Preconstruction Surveys for western pond turtle While there is no habitat for western pond turtle (WPT) within the study area, it is possible that the species inhabits the ponds that are located near and in the vicinity of the study area, particularly the large pond near the clubhouse area. Preconstruction surveys for western pond turtle should be conducted by a qualified biologist 14 days before and 24 hours before initiation of construction activity in areas that lie within 100 feet of any pond. In accordance with CDFW protocol, if WPT or their nests are observed during pre-construction surveys, a qualified biologist shall be on-site to monitor construction in suitable WPT habitat. WPT found within the construction area will be allowed to leave of its own volition or it will be captured by a qualified biologist and relocated out of harm’s way to the nearest suitable habitat immediately upstream or downstream from the Project site. If WPT nests are identified in the work area during pre-construction surveys, CDFW should be contacted to determine appropriate avoidance measures.

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Pre-Construction Nesting Surveys Foothill woodland throughout the site provides suitable nesting habitat for common raptors known from the region, such as red-shouldered hawk, Cooper’s hawk, and great horned owl and other birds protected by the Migratory Bird Treaty Act. Suitable nesting habitat includes mature pines, oaks, willows, and cottonwoods scattered throughout the site. If tree removal activities take place during the breeding/nesting season (February 1 through August 31), disturbance of nesting activities could occur. Take of any active raptor nest is prohibited under California Fish and Game Code sections 3503, 3503.5, and 3513. To avoid impacts to nesting birds, necessary tree removal should occur outside of the typical nesting season (February 1 through August 31). If tree removal must occur at any time during the typical nesting season, a pre-construction survey should be conducted by a qualified biologist no more than 30 days prior to initiation of proposed development activities. If active nests are found on or immediately adjacent to the site, CDFW should be contacted to determine appropriate avoidance measures. If no nesting is found to occur, necessary tree removal could then proceed.

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REFERENCES AND OTHER RESOURCES

Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken, editors. 2012. The Jepson Manual: Vascular Plants of California, Second Edition. University of California Press, Berkeley.

Beedy, Edward C., E. Pandolfino, and K. Hansen. 2013. Birds of the Sierra Nevada. University of California Press.

California Department of Fish and Wildlife, California Wildlife Habitat Relationships Program. 2016. Complete List of Amphibians, Reptiles, Birds, and Mammals in California. Sacramento, California.

California Department of Fish and Wildlife, Wildlife and Habitat Data Analysis Branch. 2017. Natural Diversity Data Base Report (CNDDB). Sacramento, California.

California Department of Fish and Wildlife, Nongame Wildlife Program. 2004. Threatened and Endangered Species Accounts – Birds. Found online: http://www.dfg.ca.gov/wildlife/nongame/t_e_spp/docs/2004/t_ebirds.pdf

CalfiorniaHerps.com. A Guide to the Amphibians and Reptiles of California. Updated 2015. Found online: http://www.california.herps.com

California Native Plant Society. 2017. Inventory of Rare and Endangered Plants. An online database maintained by the Native Plant Society.

Clark, W.S. and B.K. Wheeler. 1987. The Peterson Field Guide to Hawks of North America. Houghton Mifflin Company, Boston, Massachusetts.

Environmental Science Associates (ESA). 1998. Dark Horse Golf Course and Residential Community Draft Environmental Impact Report, prepared for Nevada County Department of Planning.

Fix, David and Andy Bezener. 2000. Birds of Northern California. Lone Pine Publishing. Renton, Washington.

Jameson, E.W., Jr. and H.J. Peeters. 2004. Mammals of California. University of California Press. Berkeley, California.

Jennings, Mark R. and Marc P. Hayes. 1994. Amphibian and Reptile Species of Special Concern in California.

National Geographic Society. 1999. Field Guide to the Birds of North America, Third Edition. Washington D.C.

Darkhorse Salix Consulting, Inc. Biological Resources Assessment 23 Revised March 2017

National Oceanic and Atmospheric Administration (NOAA). 2005. Endangered and Threatened Species: Designation of Critical Habitat for 7 Evolutionary Significant Units of Pacific Salmon and Steelhead in California. Federal Register: Volume 70, Number 170. September 2, 2005.

Sibley, D.A. 2003. The Sibley Field Guide to Birds of Western North America. Alfred A. Knopf. New York.

Shuford, W. David and Thomas Gardali. 2008. California Bird Species of Special Concern – A Ranked Assessment of Species, Subspecies, and Distinct Populations of Birds of Immediate Conservation Concern in California. Found online: http://www.dfg.ca.gov/wildlife/nongame/ssc/docs/bird/BSSC-Shuford-Gardali- 2008.pdf

Stebbins, R.C. 1985. A Field Guide to Western Reptiles and Amphibians. Houghton Mifflin Company. Boston, Massachusetts.

United States Fish and Wildlife Service. 2002. Recovery Plan for the California Red- legged Frog (Rana aurora draytonii).

______. 2017. IPaC Trust Resources Report generated for the Darkhorse study area, Nevada County.

Zeiner, D.C., W.F. Laudenslayer, Jr., K.E. Mayer, and M. White. 1988. California's Wildlife, Volume I. Amphibians and Reptiles. State of California, the Resources Agency, Department of Fish and Game, Sacramento, California.

______. 1990a. California's Wildlife, Volume II: Birds. State of California, the Resources Agency, Department of Fish and Game, Sacramento, California.

______. 1990b. California's Wildlife, Volume III: Mammals. State of California, the Resources Agency, Department of Fish and Game, Sacramento, California.

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Appendix A. Plant Species Observed Within the Darkhorse Study Area

Appendix A Plants Observed -Dec 2015 & Jan 2016

Gymnosperms Pinaceae - Pine Family Pinus ponderosa Ponderosa pine Pinus sabiniana Gray pine

Angiosperms - Dicots Adoxaceae - Muskroot Family Sambucus nigra subsp. caerulea Blue elderberry Anacardiaceae - Cashew or Sumac Family Toxicodendron diversilobum Western poison-oak Apiaceae (Umbelliferae) - Carrot Family *Conium maculatum Poison hemlock *Torilis arvensis Field hedgeparsley Asteraceae (Compositae) - Sunflower Family Achillea millefolium Common yarrow Baccharis pilularis Coyote brush *Carduus pycnocephalus Italian thistle *Centaurea solstitialis Yellow starthistle *Cirsium vulgare Bull thistle Erigeron canadensis Canadian horseweed Eriophyllum lanatum Woolly sunflower Madia elegans Common madia *Silybum marianum Milk thistle Wyethia angustifolia Narrowleaf mule's-ears Xanthium strumarium Cocklebur Boraginaceae - Borage Family Amsinckia menziesii Rancher's fireweed Plagiobothrys nothofulvus Rusty popcornflower Brassicaceae (Cruciferae) - Mustard Family *Hirschfeldia incana Short-podded mustard *Raphanus sativus Wild radish Caryophyllaceae - Pink Family *Petrorhagia dubia Grass-pink Convolvulaceae - Morning-Glory Family *Convolvulus arvensis Bindweed Ericaceae - Heath Family Arctostaphylos viscida Whiteleaf manzanita Fabaceae (Leguminosae) - Legume Family *Medicago polymorpha California burclover *Melilotus albus White sweetcover *Trifolium hirtum Rose clover *Vicia villosa Winter vetch

* Indicates a non-native species Page 1 of 3 Fagaceae - Oak Family Quercus douglasii Blue oak Quercus kelloggii California black oak Quercus wislizeni Interior live oak Quercus x morehus Oracle oak Gentianaceae - Gentian Family Zeltnera muehlenbergii June centaury Geraniaceae - Geranium Family *Erodium botrys Broad-leaf filaree *Geranium molle Dove's-foot geranium Hypericaceae - St. John's Wort Family Hypericum concinnum Gold-wire *Hypericum perforatum subsp. perforatum Klamathweed Lamiaceae (Labiatae) - Mint Family *Lamium amplexicaule Deadnettle *Marrubium vulgare White horehound *Mentha pulegium Pennyroyal Montiaceae - Miner's Lettuce Family Claytonia perfoliata Common miner's lettuce Papaveraceae - Poppy Family Eschscholzia californica California poppy Phytolaccaceae - Pokeweed Family *Phytolacca americana var. americana Pokeweed Plantaginaceae - Plantain Family *Plantago lanceolata English plantain Polygonaceae - Buckwheat Family Persicaria punctata Dotted smartweed *Rumex acetosella Sheep sorrel *Rumex crispus Curly dock Rhamnaceae - Buckthorn Family Ceanothus cuneatus var. cuneatus Buck brush Ceanothus integerrimus Deer brush Frangula californica subsp. tomentella Hoary coffeeberry Rhamnus ilicifolia Hollyleaf redberry Rosaceae - Rose Family *Rubus armeniacus Himalayan blackberry Sapindaceae - Soapberry Family Aesculus californica California buckeye Scrophulariaceae - Figwort Family *Verbascum thapsus Woolly mullein Viscaceae - Mistletoe Family Phoradendron leucarpum subsp. tomentosum Oak mistletoe

Angiosperms -Monocots Agavaceae - Agave Family Chlorogalum pomeridianum Soaproot

* Indicates a non-native species Page 2 of 3 Cyperaceae - Sedge Family Cyperus eragrostis Tall flatsedge Juncaceae - Rush Family *Juncus effusus Soft rush Poaceae (Gramineae) - Grass Family *Avena fatua Wild oat *Briza minor Small quaking grass *Bromus diandrus Ripgut grass *Bromus hordeaceus Soft chess *Bromus madritensis Foxtail brome *Cynodon dactylon Bermudagrass *Cynosurus echinatus Hedgehog dogtail *Dactylis glomerata Orchard grass *Elymus caput-medusae Medusahead Elymus glaucus Blue wildrye *Festuca perennis Italian ryegrass *Holcus lanatus Common velvet grass *Hordeum murinum Wall barley *Paspalum dilatatum Dallis grass *Phalaris aquatica Harding grass *Poa annua Annual bluegrass Themidaceae - Brodiaea Family Dichelostemma capitatum Blue dicks Dichelostemma volubile Twining brodiaea Typhaceae - Cattail Family Typha latifolia Broad-leaved cattail

* Indicates a non-native species Page 3 of 3

Appendix B. Wildlife Species Observed Within the Darkhorse Study Area

Appendix B Wildlife Observed - Darkhorse - Dec. 2015, Jan. 2016

Birds

Great blue heron Ardea herodias Great egret Ardea alba Turkey vulture Cathartes aura Canada goose Branta canadensis Bald eagle Haliaeetus leucocephalus Red-tailed hawk Buteo jamaicensis Wild turkey Meleagris gallopavo California quail Callipepla californica Mourning dove Zenaida macroura Anna's hummingbird Calypte anna Acorn woodpecker Melanerpes formicivorus Northern flicker Colaptes auratus Black phoebe Sayornis nigricans Western scrub-jay Aphelocoma californica American crow Corvus brachyrhynchos Oak titmouse Baeolophus inornatus American robin Turdus migratorius California towhee Melozone crissalis White-crowned sparrow Zonotrichia leucophrys Dark-eyed junco Junco hyemalis House finch Haemorhous mexicanus Mammals

Western gray squirrel Sciurus griseus Raccoon Procyon lotor Mule deer Odocoileus hemionus

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Appendix C. Potentially-Occurring Special-Status Plants in the Region of the Darkhorse Study Area

Appendix C Darkhorse - Potentially-occurring Special-status Plants

Family Taxon Common Name Status* Flowering Period Habitat Probability on Project Site

Adoxaceae Viburnum ellipticum Fed: - May-July Chaparral; cismontane woodland; Unlikely. Marginal habitat present. lower montane coniferous forest. Western viburnum State: - CNPS: Rank 2B.3

Agavaceae Chlorogalum grandiflorum Fed: FSW May-June Chaparral; cismontane woodland; None. Site lacks ultramafic soils. [serpentinite or gabbroic]. Red Hills soaproot State: - CNPS: Rank 1B.2

Alliaceae Allium jepsonii Fed: FSW May-August Cismontane woodland; lower None. Site lacks serpentine soils. montane coniferous forest Jepson's onion State: - [serpentinite or volcanic]. 300 to CNPS: Rank 1B.2 1160 meters.

Boraginaceae Plagiobothrys glyptocarpus modestus Fed: - April-May Cismontane woodland. Seeps and None. Site located outside range of species. May be no moist openings in grasslands, at suitable habitat in study area. Cedar Crest popcornflower State: - approximately 2800 ft. elevation CNPS: Rank 3.

Convolvulaceae Calystegia stebbinsii Fed: FE May-June Chaparral (openings); cismontane None. Site lacks ultramafic soils. woodland; [serpentinite or Stebbins' morning-glory State: CE gabbroic]. CNPS: Rank 1B.1

Cyperaceae Carex xerophila Fed: - March-June Serpentinite, gabbroic. Chaparral. None. Site lacks ultramafic soils. Cismontane woodland. Lower chaparral sedge State: - montane coniferous forest. CNPS: Rank 1B.2

Page 1 of 3 Appendix C Darkhorse - Potentially-occurring Special-status Plants

Family Taxon Common Name Status* Flowering Period Habitat Probability on Project Site

Rhynchospora capitellata Fed: FSW July-August Lower montane coniferous forest, None. Site lacks suitable habitat. meadows and seeps, marshes and Brownish beaked-rush State: - swamps, upper montane coniferous CNPS: Rank 2B.2 forest / mesic; elevation range 455 - 2000 meters (approx. 1,493 - 6,652 feet). Fabaceae (Leguminosae) Lathyrus sulphureus argillaceus Fed: - April-May Cismontane woodland; upper and Unlikely. Marginal habitat in study area. lower montane coniferous forest. Dubious pea State: - CNPS: Rank 3.

Juncaceae Juncus digitatus Fed: - May-June Vernal pools (cismontane None. Site lacks appropriate habitat. woodland; lower montane Finger rush State: - coniferous forest). 660-790 meters. CNPS: Rank 1B.1

Lamiaceae (Labiatae) Monardella follettii Fed: FSS June-September Lower montane coniferous forest None. Site lacks serpentine soils. (rocky, serpentinite). Follett's monardella State: - CNPS: Rank 1B.2

Liliaceae Fritillaria eastwoodiae Fed: - March-June Chaparral; cismontane woodland; Unlikely. Marginal habitat in study area. lower montane coniferous forest Butte County fritillary State: - (openings); [sometimes CNPS: Rank 3.2 serpentinite].

Malvaceae Fremontodendron decumbens Fed: FE April-June Chaparral; cismontane woodland; None. Site lacks ultramafic soils. [gabbroic or serpentinite]. Pine Hill flannelbush State: CR CNPS: Rank 1B.2

Page 2 of 3 Appendix C Darkhorse - Potentially-occurring Special-status Plants

Family Taxon Common Name Status* Flowering Period Habitat Probability on Project Site

Sidalcea stipularis Fed: - July-August Marshes and swamps (montane None. Site lacks suitable marsh habitat. freshwater). Scadden Flat checkerbloom State: CE CNPS: Rank 1B.1

Poaceae (Gramineae) Poa sierrae Fed: FSS April-June Lower montane coniferous forest. Unlikely. Marginal habitat present. 365-1500 m. Sierra bluegrass State: - CNPS: Rank 1B.3

*Status

Federal: State: CNPS (California Native Plant Society - List.RED Code): FE - Federal Endangered CE - California Endangered Rank 1A - Extinct FT - Federal Threatened CT - California Threatened Rank 1B - Plants rare, threatened, or endangered in California and elsewhere FPE - Federal Proposed Endangered CR - California Rare Rank 2A- Plants extinct in California, but more common elsewhere FPT - Federal Proposed Threatened CSC - California Species of Rank 2B - Plants rare, threatened, or endangered in California, more common elsewhere FC - Federal Candidate Special Concern Rank 3 - Plants about which more information is needed, a review list FSS - Forest Service Sensitive Rank 4 - Plants of limited distribution, a watch list FSW - Forest Service Watchlist RED Code 1 - Seriously endangered (>80% of occurrences threatened) 2 - Fairly endangered (20 to 80% of occurrences threatened) 3 - Not very endangered (<20% of occurrences threatened)

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Appendix D. Potentially-Occurring Special-Status Animals in the Region of the Darkhorse Study Area

Appendix D Darkhorse - Potentially-occurring Special-status Animals

Status* Habitat Probability on Project Site

Insects

Valley elderberry longhorn beetle Fed: FT Requires host plant, elderberry (Sambucus nigra) for most of its Possible. Elderberry shrubs observed in study area. Desmocerus californicus dimorphus State: - life cycle. Shrubs must have stem diameters at ground level of 1.0 inch or greater and shrubs must be found less than 3,000 feet in Other: * elevation.Typically riparian and upland associated.

Fish

Steelhead, Central Valley ESU Fed: FT Occurs below man-made impassable barriers in the Sacramento None. Stite lacks suitable habitat. Oncorhynchus mykiss irideus State: - and San Joaquin rivers and tributaries. Adults migrate from ocean to natal freshwater streams to spawn. Yuba River has Other: - essentially the only remaining wild steelhead fishery in Central

Delta smelt Fed: FT Endemic to the Sacramento-San Joaquin Delta in coastal and None. Stite lacks suitable habitat. Hypomesus transpacificus State: CT brackish waters. Occurs seasonally in Suisun and San Pablo bays. Spawning usually occurs in dead-end sloughs and shallow Other: - channels.

Amphibians

California red-legged frog Fed: FT Occurs in lowlands and foothills in deeper pools and slow-moving None. Stite lacks suitable habitat. Rana draytonii State: SSC streams, usually with emergent wetland vegetation. Requires 11- 20 weeks of permanent water for larval development. Other: -

Foothill yellow-legged frog Fed: - Found in partially shaded, shallow streams with rocky substrates. None. Stite lacks suitable habitat. Rana boylii State: SSC Needs some cobble-sized rocks as a substrate for egg laying. Requires water for 15 weeks for larval transformation. Other: *

Reptiles

Western pond turtle Fed: - Inhabits ponds, marshes, rivers, streams, and irrigation ditches Unlikely. Study area lacks ponds, although they occur in nearby Actinemys marmorata State: SSC with aquatic vegetation. Needs suitable basking sites and upland areas. habitat for egg laying. Other: -

Page 1 of 3 Appendix D Darkhorse - Potentially-occurring Special-status Animals

Status* Habitat Probability on Project Site

Coast horned lizard Fed: - Open lowlands, washes, and sandy areas with an exposed gravelly- None. Site lacks suitable habitat. Phrynosoma blainvillii State: SSC sandy substrate containing scattered shrubs. Edge of Sacramento Valley and in the Sierra Nevada foothills. Also observed in Other: - riparian woodland clearings and dry uniform chamise chaparral.

Birds

Bald eagle Fed: - Occurs along shorelines, lake margins, and rivers. Nests in large, None. Study area lacks suitable nesting habitat. However, was Haliaeetus leucocephalus State: CE old-growth or dominant trees with open branches. observed flying over southenmost portion of study area. Other: CFP

American peregrine falcon Fed: - Nests on cliffs, banks, dunes, mounds, and tall man-made None. Site lacks suitable nesting habitat. Falco peregrinus anatum State: CFP structures. Other: *

California black rail Fed: - Inhabits salt, fresh, and brackish water marshes with little daily None. Site lacks suitable habitat. Laterallus jamaicensis coturnculus State: CT and/or annual water fluctuations. In freshwater habitats, preference is for dense bulrush and cattails. Several scattered Other: CFP populations documented from Butte Co. to southern Nevada Co.

Mammals

Townsend's big-eared bat Fed: - Found in a variety of habitats. Most common in mesic sites with None. Site lacks suitable habitat. Corynorhinus townsendii townsendii State: - forest or woodland component. Roosting and maternity sites in caves, mines, lava tubes, tunnels, and buildings. Gleans insects Other: SSC from brush or trees and feeds along habitat edges.

Fisher - West Coast DPS Fed: FPT Occurs in intermediate to large-tree stage coniferous forests and None. Site lacks suitable habitat. Pekania pennanti State: CC riparian woodlands with a high percent level of canopy closure. . Other: SSC

Page 2 of 3 Appendix D Darkhorse - Potentially-occurring Special-status Animals

Status* Habitat Probability on Project Site

*Status Federal: State: Other: FE - Federal Endangered CE - California Endangered Some species have protection under the other designations, such as the California FT - Federal Threatened CT - California Threatened Department of Forestry Sensitive Species, Bureau of Land Management Sensitive FPE - Federal Proposed Endangered CR - California Rare Species, U.S.D.A. Forest Service Sensitive Species, and the Migratory Bird Treaty Act. FPT - Federal Proposed Threatened CC - California Candidate Raptors and their nests are protected by provisions of the California Fish and Game FC - Federal Candidate CFP - California Fully Protected Code. Certain areas, such as wintering areas of the monarch butterfly, may be FPD - Federal Proposed for Delisting CSC - California Species of Special Concern protected by policies of the California Department of Fish and Game. WL - CDFG Watch List

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