Tierra Data Inc

Tierra Data Inc. TIERRA DATA 10110 W. Lilac Road Escondido, California 92026 INCORPORATED www.tierradata.com

Biological Resources and Wetland Report for The Villa at Mission San Luis Rey in Oceanside, California

Prepared for: Bruce Russell Senior Partners West, LLC. 137 Fall River Road Idaho Springs, Colorado 80452

and

Dan Niebaum, AICP Senior Planner The Lightfoot Planning Group 5750 Fleet Street, Suite 250 Carlsbad, CA 92008 P: (760) 692-1924 F: (760) 692-1935

March 31, 2009 1 Prepared M. Kellogg Certified Biologist Tierra Data Inc. 10110 W. Lilac Road Escondido, California 92026 [email protected] (760) 749-2247 phone (760) 751-9707 fax

March 31, 2009

March 31, 2009 2 Table of Contents

Summary of Findings...... 3

Introduction and Project Description...... 4 Methods and Limitations of Survey...... 4

Results...... 9 Physical Characteristics ...... 9 Vegetation...... 9 Wetland Delineation...... 10 Plant and Wildlife Species ...... 10

Habitat Assessment and Mitigation Measures...... 13

Conclusion...... 18 Appendix A: References Cited ...... A-1 Appendix B: Site Photographs ...... B-1 Appendix C: Wetland Delineation Field Forms ...... C-1 Appendix D: Species List ...... D-1 Appendix E: Certifications and Qualifications...... E-1 Appendix F: Agency Correspondence on Mitigation Requirements...... F-1 This page intentionally blank. Summary of Findings The construction of an assisted living retirement center facility “The Villa at Mission San Luis Rey” is expected to have negligible biological impacts. The majority of the site is mapped as non-native grassland or disturbed vegetation. The vegetation classified as non-native grassland is a weedy subtype that lacks significant biological value. Discontiguous pockets of alkali freshwater marsh vegetation appear to be a remnant of earlier use during the Mission era as a garden, and from before the construction of Highway 76. They will likely disappear over time without any intervention, due to drawdown of the water table at the site and lack of any other hydrologic input. While these wetland patches are not jurisdictional under Section 404 of the federal Clean Water Act, nor are they expected to fall under the jurisdiction of Section 1601 of the California Fish and Game Code as a streambed, they do fall within the City of Oceanside’s commitment to the North County Multiple Habitat Conservation Program (2003) and the Draft Oceanside Subarea Plan (2005). This site is located in “Offsite Mitigation Zone I” of the Draft Oceanside Subarea Plan. The dominance of weedy species, the small, fragmented condition of the alkali marsh patches, and their separation from significant wetland resources result in low wildlife and natural resource values supported at the site. In addition, over time the patches are expected to die out due to a lack of hydrologic input that formerly allowed them to be established. For these reasons, with concurrence from the U.S. Fish and Wildlife Service and California Department of Fish and Game, a 1:1 ratio will be applied to this project. About 0.83 acres of this alkali marsh vegetation can be fully mitigated within the Mission grounds adjacent to the project site through the planned development of a wetland in the area of the Lavanderia. Genetic material from alkali marsh species will be recovered and reintro- duced into the future wetland adjacent to the site. The enhanced wetland will be integrated into the Mission’s plan to enhance the Lavanderia as a remembrance to the former splendor of the Mission gardens, and to establish a “best of San Diego County” native plant garden and interpretive trail. The wetland will be completed concurrently with The Villa retirement center project. In addition, 5.44 acres of non-native grassland will be mitigated at 0.5:1 consistent with the Oceanside Subarea Plan. After meetings between the City and U.S Fish and Wildlife Service (March 17, 2009), it was agreed that the City will explore a range of viable options including establishing an "in-lieu" mitigation fee for impacts to this habitat. Fees collected by the City could be used to acquire, manage, or restore critical open space parcels. In the meantime, this Villas at Mission San Luis Rey project may proceed by laying out a range of viable options for mitigating the grassland impacts, with the final mitigation plan in place prior to the issuance of grading or clearing permits (email Jerry Hittleman Oceanside City Planner, March 18, 2009). Based on a site visit by California Department of Fish and Game on July 1, 2008, no Stre- ambed Alteration Agreement will be required for this project. No sensitive species were located on the property, and all species identified were associated with a disturbed condition, with non-native forbs predominating.

March 31, 2009 3 Introduction and Project Description The development plan(s) for an assisted-living retirement center “The Villa at Mission San Luis Rey” encompasses about eight acres at the Mission San Luis Rey in the City of Oceans- ide, California (Figures 1 and 2). The site is part of a 53.4-acre parcel at the intersection of Mission Avenue and Rancho del Oro Drive, located in Township 11 South, Range 4 West, Section 8. The development site is roughly the shape of a triangle, and is bounded to the south by Mission Avenue, to the west by a mobile home park, to the north by Peyri Road, and to the east by the Lavanderia archeological site (Figure 3), which is separated from the retirement center site by a constructed berm. The project site was formerly a garden during the Mission era, watered by its own drainage from adjacent hills, and via aqueducts from the Lavanderia. A Mission-era aqueduct leading from the San Luis Rey River, along with wells, served the mission needs including the Lavanderia, and perhaps 500 acres of garden during the Mission period (Brother James Lockman, pers. comm.). This development of “The Villa at Mission San Luis Rey” is part of a larger plan to restore and improve the Mission and its grounds as both a historic site and center for the work of the Order of Franciscan Friars. The development employs an environmental sustainability planning model. The purpose of this document is to report on the biological resources of the property that may be impacted by the project, and to propose measures to avoid, minimize, or mitigate for any impacts in compliance with federal, state, and City of Oceanside regulations and ordinances. The site is mapped as “Disturbed” and located within “Offsite Mitigation Zone I” of the City’s Draft Subarea Plan under the North County Multiple Habitat Conservation Plan (MHCP). The Draft MHCP map shows a small inclusion of natural vegetation, apparently willows, which will be left intact by the project.

Methods and Limitations of Survey The site was visited six times (March 30, March 31, April 9, April 11, 2007, and March 31 and April 3, 2008) by four biologists who have different species specialties: Elizabeth Kellogg, Scott Snover, Harry Smead, and Joulie Lambert. The biologists spent approximately 9 hours conducting wandering transects throughout the property and recording all plant and wildlife observations, as well as conducting the wetland delineation. The weather condition was usually cool, 60-75 degrees Fahrenheit, with a dispersing marine layer allowing for warming tem- peratures as it cleared starting late mornings. In order to focus the survey effort with regard to species searches, the California Natural Diversity Database (CNDDB) (California Department of Fish and Game 2005) was consulted for previous records of sensitive species in the area. The results of that search are depicted in Figure 4. The nomenclature used for species in this document is consistent with that of Hickman (1993) for plants. For wildlife it is according to American Ornithologists Union (DeBenedictis 1989), Jameson and Peeters (1988), and Stebbens (1985). Plant community classification is that of Holland (1986).

March 31, 2009 4 Figure 1. Project site and vicinity.

March 31, 2009 5 Figure 2. Facility site layout.

March 31, 2009 6 Figure 3. Site location of The Villa at San Luis Rey, provided by O’Day Consultants, Carlsbad, CA (2007).

March 31, 2009 7 Figure 4. Known species occurrences and critical habitat designation for the project area. Species occurrence information comes from the California Natural Diversity Database (California Department of Fish and Game).

March 31, 2009 8 Results

Physical Characteristics The site is about 7.9 acres and is almost level, situated at an elevation of about 47 feet above mean sea level. The soil mapping units (Figure 5) are Ramona sandy loam (2-5% slopes) close to a berm on the northeast boundary of the site, and Salinas clay (2-5% slopes) on the remainder of the property. The Ramona soil is situated over and derived from granitic alluvium of the foothills (Soil Conservation Service 1973). The Ramona soil type is well-drained and very deep with a sandy clay loam subsoil. It is often farmed in San Diego County for citrus, tomatoes, and flow- ers. The Salinas clay soil, which covers most of the site, has a surface of clay and a substratum of clay loam. It has slow permeability and runoff, and a water holding capacity of 7.5 to 10 inches. These soil types are often used for pastures, citrus, tomatoes, and flower crops. Both these soil types would have been suitable for gardening during the Mission Period. The Ramona type is well-drained and would be suited to orchard crops. The Salinas clay, with its high water-holding capacity and slow permeability, would have sustained vegetable and grain crops with a low need for supplemental irrigation during some seasons.

Vegetation Site photographs are shown in Attachment B. The vegetation mapping units according to Hol- land (1986) are dominated by non-native grassland (Holland Code 42200) (5.44 acres) dominated by non-native and weedy forbs (see Figure 6). The non-native dominance and disturbed condition is due to previous cultivation during the Mission era, regular disking to manage weeds, and an apparent blockage of a former drainage along the west boundary by the construction of roads. There are remnant willows (Salix spp.) and palms (Washingtonia spp.), some of which have a grassland understory and some of which have alkali marsh understory. They are mapped consistent with the understory condition. A eucalyptus woodland occupies 0.12 acres (Holland Code 11100). Some areas are classified as Disturbed (Holland Code 11300) due to low plant cover resulting from compaction and other historic land use (1.24 acres). Various escaped and planted ornamentals occur along the site margins that have little to no understory (planted cactus patches and Myoporum sp.). Pockets of freshwater alkali marsh (Holland Code 52310) are dispersed in depressions dominated by clay soils, totaling 0.83 acres. The areas of alkali marsh vegetation were mapped using an international standard min- imum mapping unit for fine scales and small areas of 0.05 hectares (1/8 acre) (Jennings 2003). The mapping units of alkali marsh were delineated by walking the site and determining where characteristic species of this plant community constituted over 20 percent cover, and wetland species were predominant overall (more than 50 percent cover as a group). These “wetland” plants included yerba mansa (Anemopsis californica), Mexican rush (Juncus mexicanus), willows (Salix spp.), saltgrass (Distichlis spicata), and ryegrass (Lolium perenne multiflorum), in order of apparent level of wetland dependence from greatest (obligate) to lowest (facultative) based on Reed (1998). There are an additional 0.48 acres of willow canopy that contain an understory of upland weedy forbs, consistent with their relict status on the site.

March 31, 2009 9 Wetland Delineation A wetland delineation was conducted on April 9 and April 11, 2007 consistent with the 1987 Manual issued by the U.S. Army Corps of Engineers (USACE). Wetland field forms are in Appendix C. A transect of sampling points was established, shown in Figure 6, to establish a gradation between higher-elevation portions of the site and depressions. A jurisdictional wetland delineation and determination of waters of the U.S. identifies the legal boundaries within which USACE has regulatory jurisdiction. Wetlands are a type and subset of waters of the U.S. under the law. The USACE shares regulatory authority with the U.S. Environmental Protection Agency over waters of the U.S. under Section 404 of the Clean Water Act, and Section 10 of the Rivers and Harbors Act of 1899. The objective of the delineation is to provide sufficiently detailed and accurate field surveys and reporting to support the subsequent assessment of impact, permit processing and mitigation planning. Jurisdictional wetland determinations are necessary for land owners and managers to comply with the rele- vant laws, which require that these ecologically valuable areas be protected. No areas on the site fit all three parameters (hydrology, soils, and vegetation) necessary to become jurisdictional under Section 404 of the Clean Water Act. Natural hydrology has been altered such that ground water is the only source of water outside of direct rainfall to support wetland plants. The soils are not normally considered hydric types (U.S. Department of Agri- culture Natural Resource Conservation Service 1992); however, the soils do display anaerobic coloration at depth not normal for the soil type. This is evidence of a history (many decades) of use as a garden and drainage area for the Lavanderia. Under Sections 1601-1605 of the CDFG Code, a Streambed Alteration Agreement is needed for any alteration of a waterway. The Department has jurisdiction over water flow areas, defined as: “...natural or bed, channel or bank of any river, stream, or lake designated by the department in which there is at any time an existing fish and wildlife resource or from which these resources derive benefit or will use material from the streambeds...” Since a stream that formerly existed along the west boundary has been obliterated by road construction and no longer receives water nor exhibits any bed or bank, no “Streambed Alteration Agreement” is necessary. A remnant drainage no longer exists. Remnants of a linear ditch that runs along the western property line adjacent to the mobile home park appears to have been constructed to prevent water running into the mobile home park, which is at a lower elevation than the project site. This determination was validated by site visit of CDFG personnel on July 1, 2008 (see email correspondence in Appendix F).

Plant and Wildlife Species The list of plants and animals observed is in Appendix D. Most species observed are associated with a disturbed condition, and most of the plants are non-native. There were low num- bers and diversity of invertebrates, small mammals, and reptiles. No sensitive plant or wildlife species were detected. Also, no critical habitat has been designated on the site for federally threatened or endangered species.

March 31, 2009 10 Figure 5. Soil types Ramona sandy loam and Salinas clay on 7-1/2 minute topographic quadrangle “San Luis Rey.”

March 31, 2009 11 Figure 6. Vegetation communities mapped and location of wetland sampling points.

March 31, 2009 12 Habitat Assessment and Mitigation Measures The site has 0.83 acres of discontiguous patches that have remnant wetland species dominat- ing in a plant community called alkali marsh. These patches will likely degrade over time due to lack of hydrological support from the ground water, and the fact that the former sources of water to the site no longer exist. These former sources were an aqueduct carrying water from wells and the San Luis Rey River to the Mission gardens and Lavanderia, and probably some runoff from nearby hill slopes to the south, which is now impeded by a detention basin associated with Highway 76. Anecdotal reports from long-time employees of the Mission indicate that the site was formerly (about 25-30 years ago) much marshier such that equipment would sink on the site during the course of an hour. No standing water was visible anywhere on site during 2007 or the spring of 2008. These patches do not, based on a site evaluation of their status, fall under the Army Corps of Engineers’ jurisdiction under Section 404 of the Clean Water Act. This is based on:

their designation as “atypical” due to previous human disturbance. Portions of the site were excavated for the purpose of supporting a garden during the Mission Period about 200 years ago. It is routinely disked to manage the crop of weeds and fire control.

their hydrologic isolation from any navigable waters. Based on historic photographs, a small drainage crossed from the south along the western edge of the property (See Figure 7). The path of this former drainage was near the property’s western boundary, but no bed or bank remains, and the source of water has been blocked by road construction. With the construction of Highway 76, a detention basin was established in a 12.6-acre parcel south of Mission Avenue to collect runoff that previously drained along a portion of the project site, based on a 1953 aerial photo (Figure 7). The bowl-like detention basin collects water from the east and the south. A stand-pipe structure is connected to a culvert under Mission Avenue; this serves as an overflow to allow very high waters to pass under Mission Ave- nue onto the property. Also, water was formerly drained into the site after being pulled through the aqueducts of the Lavanderia for use in a garden. This use would not have been possible if the soils were indeed hydric, as only plants that could tolerate long periods of inundation could be supported. This area was part of the “great garden” of the mission, with a grassy meadow, fruit trees, melons, squash, and vegetables (Kelsey 1990).

Most areas lack the soil chroma characteristics consistent with extended periods of inundation and anaerobic conditions to qualify as a wetland except starting at about 9-15 inches deep in clay. Since the site was used during the Mission Period as a garden for vegetables and other crops to support the mission inhabitants, this coloration could have occurred over several decades in the heavy clay soils. In addition, drainage from the adjacent water garden and wash area “Lavanderia”, containing a system of aqueducts and baths. Evidence of the site’s former use as a garden is shown on an 1854 map (Figure 8). At its peak, inhabitants of Mission San Luis Rey numbered close to 3000 (Bancroft 1886), and the gardens were renowned.

The Oceanside Subarea Plan and the MHCP have a policy of no net loss of the alkali marsh vegetation community. It requires, in priority order, avoidance, minimization, and mitigation for losses of alkali marsh. The standards for mitigating impacts to habitats differ according to which Habitat Conservation Overlay Zone the impacted habitat is in, and this site is located in “Offsite Mitigation Zone I” (MHCP Program Final Plan (March 2003), Oceanside Subarea

March 31, 2009 13 Plan Public Review Draft). In this Zone, the mitigation ratio ranges from 1:1 to 3:1. In the Draft Plan, the project area is mapped as “Disturbed” with a small inclusion of “natural vegetation”, which appear to be the willows on the project site that are intended to be left in place to become part of a future native wetland and interpretive area. A mitigation requirement of 1:1 was agreed to by the U.S. Fish and Wildlife Service and CDFG by email (January 12, 2009, Appendix F). The planned mitigation location adjoins the site and is shown in Figure 9. The mitigation requirement will be implemented concurrently with construction.

March 31, 2009 14 Figure 7. Aerial photo from 1953, showing former drainage along west property boundary already impacted by Mis- sion Avenue.

March 31, 2009 15 Figure 8. Map from 1854 depicting the use of the project site as a garden.

March 31, 2009 16 Figure 9. Location of planned wetland mitigation adjacent to project site.

March 31, 2009 17 The required mitigation for impacts to 5.44 acres of non-native grassland at 0.5:1 totals 2.72 acres. This mitigation will take place consistent with the Oceanside Subarea Plan. After meetings between the City and U.S Fish and Wildlife Service (March 17, 2009), it was agreed that the City will explore a range of viable options including establishing an "in-lieu" mitigation fee for impacts to this habitat. Fees collected by the City could be used to acquire, manage, or restore critical open space parcels. In the meantime, this Villas at Mission San Luis Rey project may proceed by laying out a range of viable options for mitigating the grassland impacts, with the final mitigation plan in place prior to the issuance of grading or clearing permits (email Jerry Hittleman Oceanside City Planner, March 18, 2009). No known opportunity for mitigating non-native grassland through purchase of bank credits currently exists in the City of Oceanside; therefore all options available to the Mission (besides payment of an in- lieu fee) involve mitigation through restoration. The range of viable options that may be considered include the following: 1. In-lieu mitigation fee for non-native grassland impacts paid to the City of Oceanside. An in-lieu fee would allow for the decision about what is most critically needed to support habitat conservation separate from what is opportunistically available in the mitigation commodity market. It could, for example, allow the pooling of money to address critical needs that are better undertaken in a non-piecemeal way. 2. Mitigate through restoration at Eternal Hills Dignity Memorial Habitat Preserve. Based on contact with Dr. Stephen Neudecker, CEO of Resource Balance, Inc. and responsible party for sale of mitigation project work on this property, non-native grassland restoration work could be conducted that would benefit the federally listed species Brodiaea fil- ifolia. The cost would be $68,000 per acre plus a one-time fee of $5,000 for a restoration plan. 3. Mitigate through restoration at Whelan Ranch. This work would involve a restoration plan and fennel control over a period of 3-5 years in an area adjacent to occupied Califor- nia gnatcatcher and cactus wren habitat, two species covered under the Oceanside Sub- area Plan. According to Jesse Vinje, Whelan Ranch Preserve Manager, Center for Natural Lands Management, the control of monotypic stands of fennel would address an imminent threat to coastal sage/cactus scrub habitat occupied by two imperiled species. Similar to Eternal Hills, this property has an endowment mechanism for accepting funds, and are already set aside for perpetual management.

Conclusion The dominance of weedy species, the small, fragmented, and declining condition of the alkali marsh patches, and their separation from significant wetland resources result in low wildlife and natural resource values supported at the site. In addition, over time the patches are expected to die out due to a lack of hydrologic input that formerly allowed them to be established. For these reasons, it is recommended that a 1:1 ratio be applied to this project. The enhanced wetland garden at the Lavanderia will use genetic material preserved from The Villa project site for reintroduction into the constructed wetlands. Therefore, any losses of alkali marsh will be more than offset with project implementation. The wetland garden is part of the Mission’s plan to enhance the Lavanderia. It will be completed concurrently with The Villa retirement center project.

March 31, 2009 18 The required for compensatory mitigation of 2.72 acres of non-native grassland will take place consistent with the Oceanside Subarea Plan, with details of a final mitigation plan to be worked out between the City and the project proponent prior to the issuance of grading or clearing permits (email Jerry Hittleman Oceanside City Planner, March 18, 2009). The range of viable options that may be considered include an in-lieu mitigation; mitigate through restoration at Eternal Hills Dignity Memorial Habitat Preserve; and mitigation through restoration at Whelan Ranch.

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March 31, 2009 20 Appendix A: References Cited

Affinis. 2001. Biological Resources Report Mission San Luis Rey, Oceanside, Califor- nia. Prepared for The Lightfoot Planning Group, Carlsbad, CA. Bancroft, H.H. 1886. History of California, Volume I 1542-1800. The History Co., San Francisco, 1888. California Pastoral, San Francisco. California Department of Fish and Game, Wildlife and Habitat Data Analysis Branch. 2005. California Natural Diversity Database. A natural heritage program, part of a nationwide network of similar programs overseen by NatureServe. City of Oceanside. Oceanside Subarea Plan Public Review Draft of the Multiple Hab- itat Conservation Program Final Plan (March 2003). DeBenedictis, Peter. 1989. American Ornithologists Union AOU Check-list of North American Birds, Sixth ed. 6(3):131. Hickman, James C. (ed.). 1993. The Jepson Manual: Higher Plants of California. Uni- versity of California Press, Berkeley. 1400 pp. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame-Heritage Program, State of California. California Depart- ment of Fish and Game, Sacramento, CA. 157 p. Jameson, E. W., Jr., and H. J. Peeters. 1988. California Mammals. University of California Press, Berkeley, California. Jennings, M., O. Loucks, D. Glenn-Lewin, R. Peet, D. Faber-Langendoen, D. Gross- man, A. Damman, M. Barbour, R. Pfister, M. Walker, S. Talbot, J. Walker, G. Hart- shorn, G. Waggoner, M. Abrams, A. Hill, D. Roberts, and D. Tart. 2003. Guidelines for describing associations and alliances of the U.S. National Vegeta- tion Classification. The Ecological Society of America, Vegetation Classification Panel, Version 3.0 November 2003. 100 pp. (+ Appendices) Kelsey, Harry. 1990. Preliminary Archeological and Historical Investigations at Mis- sion San Luis Rey, California. Volume II: Mission San Luis Rey, A Brief History. Oberbauer, Tom. 1996. Terrestrial Vegetation Communities in San Diego County Based on Holland’s Descriptions. San Diego Association of Governments, San Diego, Ca. 6 p. Reed, P.B., Jr. 1988. National List of Plant Species that Occur on Wetlands: California (Region 0). Biological Report 88. U.S. Fish and Wildlife Service. Washington. D.C. Stebbens, Robert C. 1985. A Field Guide to Western Reptiles and Amphibians, 2nd ed., Revised. Houghton Mifflin Co., Boston. U.S. Department of Agriculture. 1973. Soil Survey, San Diego Area, California. Soil Con- servation Service and Forest Service. Roy H. Bowman (ed.) San Diego, CA. U.S. Army Corps of Engineers, Environmental Laboratory. 1987. Wetlands Delineation Manual. Technical Report Y-87-1. U.S. Army Corps of Engineers South Pacific Division. June 2001. Final Summary Report: Guidelines for Jurisdictional Determinations for Waters of The United States in the Arid Southwest, Matrix/Checklist for Determining Interstate Nexus and Waters of the U.S. Jurisdiction.

A-1 U.S. Department of Agriculture, Natural Resources Conservation Service, Escondido Field Office, California. March 1992. Section II Field Office Technical Guide. Hydric Soils Lists. Personal Communication Brother James Lockman, Executive Director, Mission San Luis Rey.

A-2 Appendix B: Site Photographs

Photo 1. View towards the southwest corner of project site (in distance) from oppo- site, northeast, side of site. April 9, 2007.

Photo 2. Eucalyptus trees on project site along Mission Avenue.

B-1 Photo 3. Remnant willow with yerba mansa at base.

Photo 4. View of project site showing remnant fan palms.

B-2 Photo 5. View along wetland sampling transect, looking toward southeast.

Photo 6. Wetland sampling point 1A.

B-3 Photo 7. Wetland sampling point 1B.

Photo 8. Oxidized root channels in clay at wetlands sampling point 1C, at about 18 inches deep.

B-4 Photo 9. Wetland sampling point 1C in Juncus mexicanus.

Photo 10. View of aqueduct (at center of photo) in lavanderia garden that formerly drained into the project site.

B-5 Photo 11. Wetland sampling point 1D.

Photo 12. Saltgrass (Distichlis spicata) community at wetland sampling point 1D.

B-6 Photo 13. View north from southwest corner. April 11, 2007.

Photo 14. View east along Mission Avenue from southwest corner. April 11, 2007.

B-7 Photo 15. View of lavanderia adjacent to the project site, from which water was drained for the sunken garden area which constitutes the project site.

Photo 16. Aqueduct system at lavanderia.

B-8 Photo 17. Gargoyl water spout at the lavanderia. The site was unburied about 1938.

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B-10 Appendix C: Wetland Delineation Field Forms

Wetland Indicator Code Definitions: (Reed 1988): FAC = Facultative (equally likely to occur in wetlands or non wetlands), FACW = Facultative wetland (usually occurs in wetlands but occasionally found in non wetlands), FACU = Facultative upland (usually occurs in non wetlands but occasionally found on wetlands),OBL = Obli- gate wetland (occurs almost always under natural conditions in wetlands),‘+’ indicates species more frequently found in wetlands, ‘-’ indicates species less frequently found in wetlands, NL = Not listed (Reed 1988).* Tentative status based on Reed (1988) list. 1 Reed, P.B. Jr. 1988. National List of Plants that Occur in Wetlands, California (Region O). U.S. Department of Interior Fish & Wildlife Service Biological Resources Report 88 (26.10).2 Not listed but all willows are FAC or better.

From 1987 Manual: An atypical situation exists if it is determined that there is evidence of sufficient natural or human-induced alteration to significantly alter the area vegetation, soils, and/or hydrology. NOTE: Include possible offsite modifications that may affect the area hydrology.

C-1 This page intentionally blank.

C-2 ROUTINE WETLAND DETERMINATION (1987 USACOE Wetlands Delineation Manual)

Project/Site: The Villa at San Luis Rey Date: 9 April & 11 April 2007 Applicant/Owner: Mission San Luis Rey County: San Diego Investigator: Liz Kellogg State: CA

Do Normal Circumstances exist on the site? Yes X No Community ID: ruderal Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: 1 Is the area a potential Problem Area? Yes No X Plot ID: 1A (If needed, explain on reverse.)

VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Sisymbrium irio H Not Listed * 9. 2. Bromus madritensis H Not Listed * 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 0 Remarks: *Based on Reed (1988), "Not Listed" plants are assumed to be Upland (UPL).

HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs Inundated Other Saturated in Upper 12 Inches No Recorded Data Available Water Marks Drift Lines Sediment Deposits Field Observations: Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators (2 or more required): Depth to Free Water in Pit: (in.) Oxidized Root Channels in Upper 12 in. Depth to Saturated Soil: (in.) Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks:

Wetland Field Delineation Forms 3 SOILS Map Unit Name Drainage Class: (Series and Phase): Ramona sandy loam Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes X No Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

0-3 in A 10YR2/2 none none loamy sand 3-18 in C 10YR2/2 none none loamy coarse sand

Hydric Soil Indicators:

Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks)

Remarks:

WETLAND DETERMINATION

Hydrophytic Vegetation Present? Yes No X Wetland Hydrology Present? Yes No X Is this Sampling Point Within a Hydric Soils Present? Yes No X Wetland? Yes No X

Remarks:

4 Wetland Field Delineation Forms ROUTINE WETLAND DETERMINATION (1987 USACOE Wetlands Delineation Manual)

Project/Site: The Villa at San Luis Rey Date: 9 April & 11 April 2007 Applicant/Owner: Mission San Luis Rey County: San Diego Investigator: Liz Kellogg State: CA

Do Normal Circumstances exist on the site? Yes X No Community ID: alkali marsh Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: 1 Is the area a potential Problem Area? Yes No X Plot ID: 1B (If needed, explain on reverse.)

VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Sisymbrium irio H Not Listed 9. 2. Riicinus communis S FACU 10. 3. Anemopsis californica HOBL11. 4. Hesperocnide tenella H Not Listed 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 50 Remarks:

HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs Inundated Other Saturated in Upper 12 Inches X No Recorded Data Available Water Marks Drift Lines Sediment Deposits Field Observations: Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators (2 or more required): Depth to Free Water in Pit: (in.) Oxidized Root Channels in Upper 12 in. Depth to Saturated Soil: (in.) Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks:

Wetland Field Delineation Forms 5 SOILS Map Unit Name Drainage Class: (Series and Phase): Salinas clay Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes X No Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

0-3 in A 10YR2/2 none none loamy clay 3-15 in B 10YR2/2 none none clay 15-18 in C 10YR2/2 none none coarse sandy clay

Hydric Soil Indicators:

Remarks:

WETLAND DETERMINATION

Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes No X Is this Sampling Point Within a Hydric Soils Present? Yes No X Wetland? Yes No X

Remarks:

6 Wetland Field Delineation Forms ROUTINE WETLAND DETERMINATION (1987 USACOE Wetlands Delineation Manual)

Project/Site: The Villa at San Luis Rey Date: 9 April & 11 April 2007 Applicant/Owner: Mission San Luis Rey County: San Diego Investigator: Liz Kellogg State: CA

VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus mexicanus H FACW 9. 2. 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100 Remarks:

HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs Inundated Other Saturated in Upper 12 Inches X No Recorded Data Available Water Marks Drift Lines Sediment Deposits Field Observations: Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators (2 or more required): Depth to Free Water in Pit: (in.) Oxidized Root Channels in Upper 12 in. Depth to Saturated Soil: (in.) Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks:

Wetland Field Delineation Forms 7 SOILS Map Unit Name Drainage Class: (Series and Phase): Salinas clay Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes X No Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

0-3 in A 10YR2/2 none none loamy clay 3-17 in B 10YR2/2 none none clay

18 in C 10YR2/1 not taken(sandy) few, mostly oxidized- sandy clay root channels

Hydric Soil Indicators:

Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks)

Remarks: Lower chroma at very deepest depth is not listed as a soil characteristic for Salinas clay.

WETLAND DETERMINATION

Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes No X Is this Sampling Point Within a Hydric Soils Present? Yes No X Wetland? Yes No X Remarks: Low-Chroma soil must be < top 12" to qualify

8 Wetland Field Delineation Forms ROUTINE WETLAND DETERMINATION (1987 USACOE Wetlands Delineation Manual)

Project/Site: The Villa at San Luis Rey Date: 11 April 2007 Applicant/Owner: Mission San Luis Rey County: San Diego Investigator: Liz Kellogg State: CA

VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Distichlis spicata H FACW 9. 2. 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100 Remarks:

Wetland Field Delineation Forms 9 SOILS Map Unit Name Drainage Class: (Series and Phase): Ramona Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes X No Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

7-16 in B 10YR3/1 none none sandy clay 16-18 in C 10YR3/1 none none clay

Hydric Soil Indicators:

Remarks:

WETLAND DETERMINATION

Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes No X Is this Sampling Point Within a Hydric Soils Present? Yes X No Wetland? Yes No X

Remarks:

10 Wetland Field Delineation Forms ROUTINE WETLAND DETERMINATION (1987 USACOE Wetlands Delineation Manual)

Project/Site: The Villa at San Luis Rey Date: 11 April 2007 Applicant/Owner: Mission San Luis Rey County: San Diego Investigator: Liz Kellogg State: CA

VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Anemopsis californica H OBL 9. 2. Salix lasiolepis T FACW 10. 3. Raphanus sativus H Not Listed 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100 Remarks:

Wetland Field Delineation Forms 11 SOILS Map Unit Name Drainage Class: (Series and Phase): Salinas clay Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes X No Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

0-2in A 10YR2/2 none none sandy clay loam 6-8 in B 10YR3/1 none none gravelly clay 9-18 C 10YR3/1 none none gravelly/sandy clay

Hydric Soil Indicators:

Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks)

Remarks:

WETLAND DETERMINATION

Hydrophytic Vegetation Present? Yes No X Wetland Hydrology Present? Yes No X Is this Sampling Point Within a Hydric Soils Present? Yes X No Wetland? Yes No X

Remarks:

12 Wetland Field Delineation Forms Appendix D: Species List

Mission San Luis Rey Species List

List compiled from field visits on 3/29/07, 3/30/07, 4/9/07, and 4/11/07. Percent cover results are based on walking step-point transects, and are absolute (as compared to relative) cover percentages. Species without a percent cover value were not seen along transects. The site had 32% bare ground.

*Indicates non-native plant species. Estimated percent cover Family Scientific Name Common Name based on step-point transects PLANTS Asteraceae Ambrosia psilostachya Western ragweed 5% Boraginaceae Amsinckia menziesii rancher’s fiddleneck Saururaceae Anemopsis californica yerba mansa 5% Chenopodiaceae Atriplex semibaccata Australian saltbush 1% Poaceae Avena barbata* slender wild oat Asteraceae Baccharis pilularis chaparral broom, coyote brush Asteraceae Baccharis salicifolia mule-fat, seep-willow Brassicaceae Brassica nigra* black mustard 4% Brassicaceae Brassica rapa* turnip, field mustard Poaceae Bromus diandrus* ripgut grass 7.2% Poaceae Bromus hordaeceus* soft chess Poaceae Bromus madritensis* foxtail chess 6.2% Asteraceae Carduus pyncocephalus* Italian thistle Chenopodiaceae Chenopodium album* lamb’s quarters 0.3% Apiaceae Conium maculatum* common poison hemlock Convolvulaceae Cressa truxillensis alkali weed 0.6% Poaceae Cynodon dactylon* Bermuda grass Solanaceae Datura wrightii sacred thorn-apple Poaceae Distichlis spicata saltgrass 3% Myrtaceae Eucalyptus sp.* gum tree Apiaceae Foeniculum vulgare* sweet fennel Frankeniceae Frankenia salina alkali-heath 1% Rosaceae Heteromeles arbutifolia toyon, Christmas berry Brassicaceae Hirschfeldia incana* short-pod mustard Poaceae Hordeum intercedens little barley 2% Asteraceae Isocoma menziesii goldenbush Juncaceae Juncus mexicanus Mexican rush 1.3% Asteraceae Lactuca serriola* prickly lettuce Poaceae Lamarckia aurea* golden-top Poaceae Lolium multiflorum* Italian ryegrass 0.3% Malvaceae Malva parviflora* cheeseweed Malvaceae Malvella leprosa alkali mallow 1% Lamiaceae Marrubium vulgare* horehound Fabaceae Medicago sp.* sweet clover Myoporaceae Myoporum laetum* ngaio Onagraceae Oenothera speciosa beautiful evening-primrose

D-1 *Indicates non-native plant species. Estimated percent cover Family Scientific Name Common Name based on step-point transects Fagaceae Quercus agrifolia live oak Brassicaceae Raphanus sativus wild radish 3% Euphorbiaceae Ricinus communis* castor bean Rosaceae Rubus ursinus California blackberry Salicaceae Salix exigua narrow-leaf willow Salicaceae Salix gooddingii black willow 0.3% Salicaceae Salix lasiolepis arroyo willow 1.6% Anacardiaceae Schinus molle* Peruvian pepper tree Anacardiaceae Schinus terebinthifolius* Brazilian pepper tree Poaceae Schismus sp. Mediterranean grass 0.3% Cyperaceae Scirpus sp. bulrush Brassicaceae Sisymbrium irio London rocket 12% Asteraceae Sonchus oleraceus common sow-thistle Tamaricaceae Tamarix ramosissima tamarisk, salt-cedar Urticaceae Hesperocnide tenella western nettle 1.3% Vitaceae Vitis girdiana desert wild grape Arecaceae Washingtonia robusta x filifera Mexican/California fan palm 4.1% INSECTS Tenebrionidae (Coleoptera) Eleodes sp. darkling beetle Miridae (Hemiptera) unknown plant bug (grass) Apidae (Hymenoptera) Apis melifera honey bee Coccinelidae (Coleoptera) Hippodamia sp. lady bug Acrididae (Orthoptera) Schistocerca nitens graybird grasshopper unknown (Lepidoptera) unknown woollybear caterpilar REPTILES Phrynosomatidae Sceloporus occidentalis fence lizard Phrynosomatidae Uta stansburiana side-blotch lizard BIRDS Icteridae Agelaius phoeniceus red-winged black bird (heard calling from off-site location) Ardeidae Ardea herodius great blue heron Accipitridae Buteo jamaicensis red-tailed hawk Trochilidae Calytpe anna Anna’s hummingbird Fringillidae Carpodacus mexicanus house finch Columbidae Columba livia domestic pigeon Parulidae Dendroica petechia yellow warbler Icteridae Euphagus cyanocephalus Brewer’s blackbird Emberizidae Icterus cucullatus nelsoni hooded oriole unknown unknown little yellow bird Mimidae Mimus polyglottus mocking bird Picidae Picoides nuttallii? woodpecker sp. (Nuttall’s) Tyrannidae Tyrannus verticalis Western kingbird Columbidae Zenaida macroura mourning dove Emberizidae Zonotrichia leucophrys white-crowned sparrow MAMMALS Heteromyidae Chaetodipus californicus pocket gopher Sciuridae Spermophilus beecheyi ground squirrel

D-2 Appendix E: Certifications and Qualifications

Elizabeth M. Kellogg Ms. Kellogg is a Certified Biologist with the County of San Diego. For 20 years she has been Project Lead for projects in natural resource planning, conservation, and management. Responsible for a broad range of natural resource management work since 1985, including supervision of staff in the wildlife field, geographic information systems, and remote sensing interpretation. Developed 20 Integrated Natural Resource Management Plans for military bases. This is the highest-level planning document for natural resources on each installation, and involves interagency and regulatory coordina- tion.Designed several long-term monitoring programs for different installations, focusing on soils, vegetation, disturbance indicators, and management focus species. Developed several fire management plans for federal, city, and conservancy lands. Con- ducted native habitat restoration work, focusing on native grasslands, oaks, and shru- blands. Permits and Certifications: Certified Range Management Consultant, Society for Range Management. Certified Rangeland Manager, State of California Board of Forestry and Fire Protection, CRM #28. 2002-2004. Board of Directors and Committee Co-chair for Professional Affairs, California-Pacific Section of Society for Range Management 2003- 2005. Professional registration of current Federal Fish and Wildlife Endangered Species Section 10(a)(1)(A) permits for San Diego thornmint (Acanthomintha ilicifolia), Encinitas baccharis (Baccharis vanessae), Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifo- lia), Orcutt's spineflower (Chorizanthe orcuttiana), and Mexican flannelbush (Fremonto- dendron mexicanum). Professional wetlands delineation training course based on the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual certificate.

Harry Smead Education: M.S. Biology/Ecology 1994 San Diego State University; B.S. Life Science 1980 California Baptist College, Riverside California. Permits: USFWS qualified arroyo toad investigator. Permit 10(a) (1) (A) for conservation of fairy shrimp, longhorn fairy shrimp, Riverside fairy shrimp, San Diego fairy shrimp, vernal pool fairy shrimp, and vernal pool tadpole shrimp. Department of Pesticide Reg- ulation License/Qualified Applicator Certificate. Experience: Biological surveying, monitoring, and site restoration for many projects. Vegetation field survey and monitoring. Bio-monitor for endangered arroyo toad at Camp Pendleton, CA. GPS mapping data management various locations in Arizona, New Mexico, Nevada and Southern California. Monitored insect populations in revege- tated riparian habitats as mitigation for least Bell’s vireo habitat, 5.5 years. Studied biology of Oak Wax Scale in San Diego County for the California Dept. of Forestry and Fire Protection, 3 years. Research Assistant. San Diego State University Foundation, Drs. Kathy Williams, Paul Zedler, and Ellen Bauder. Weed and seed low cost coastal sage revegetation trials at MCAS Miramar, San Diego State University Foundation.

E-1 Scott Snover Education: B.S. (Biology) Penn State University, M.S. (Biology) San Diego State Univer- sity. Ecology of the Globose Dune Beetle in Relation to Native and Non-Native Host Plants Experience: Surveying and identifying plants in Southern and Central California, San Clemente Island, including coastal sage, native and non-native grasslands, chaparral, desert, and vernal pools - 9 yrs. Recapture-release study of kangaroo rats in the San Joaquin Valley - 2.5 yrs. Recapture release study of blunt-nosed leopard lizards in the San Joaquin Valley - 2.5yrs. Sorting and identification of marine benthic infauna - 5.5 yrs. Sorting and identification of insects - 2 yrs. Sampling of insect fauna at restored riparian habitat sites - 2 yrs. Population studies on kangaroo rats and leopard lizards - 2.5 yrs. Sur- veying for presence of vernal pools, rare plants, and overall vegetation conditions in. various locales (San Joaquin Valley, military bases in Southern California), sampling of. vegetation on established study plots and analysis of the data collected to examine trends. related to fire history and military training, soil seed bank study in coastal sage communities at MCB Camp Pendleton. Globose dune beetle (permit expired 1990), kangaroo rats, San Joaquin kit fox, leopard lizards, and various rare plants in the San Joaquin Valley (permit expired in 1995). Conducted aerial photo mapping of the San Joaquin Valley to established extent of remaining natural habitat areas. Digitizing data layers from USGS quadrangle maps and other sources using a digitizing table, use of ortho-rectified aerial photos for on-screen digitizing of data layers using ArcView and ArcInfo, creation of maps for use in various reports using ArcView, use of GIS. data layers to analyze distribution of natural resources in relation to environmental and geographic features.

Joulie Lambert Education: Bachelor of Science, Biology Experience: 10 years ornithological field technician.

E-2 Appendix F: Agency Correspondence on Mitigation Requirements

From: [email protected] Sent: Monday, January 12, 2009 2:12 PM To: Elizabeth Kellogg Cc: [email protected]

Subject: RE: FW: FW: Mission San Luis Rey project Hi Liz - I've had the opportunity to talk with Tamara Spear and my supervisor, and we agree that a 1:1 mitigation ratio for impacts to disturbed wetland habitat (i.e., the willows and alkali marsh) would be accept- able for this project. This is based on the findings that these areas are remnant, fragmented, and isolated from significant wetland resources. In regards to your remapping of some of the areas previously designated as "ruderal", could you please send me a figure (i.e., an updated version of Figure 6 from the bio resources report) that shows this change? Were other areas remapped as non-native grassland? Looking at the photos included with the report, I would be inclined to say that most of the "ruderal" area would be better described as non- native grassland, but I might want to make a site visit to check it out in person if you strongly disagree. Thanks, Marci Marci L. Koski, M.S., Ph.D. Fish and Wildlife Biologist U.S. Fish & Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road, Suite 101 Carlsbad, CA 92011 760.431.9440 ext. 304 760.431.5902 fax

From: Elizabeth Kellogg [mailto:[email protected]] Sent: Thursday, December 18, 2008 12:36 PM To: '[email protected]' Cc: '[email protected]'; '[email protected]'; Tamara Spear; 'Orven Zaragoza'

Subject: RE: FW: Mission San Luis Rey project Hello Marci and everyone, the City of Oceanside planner has asked me to request concurrence from both of your agencies about our proposed mitigation ratio and vegetation mapping for the Villa at Mis- sion San Luis Rey project for consistency with the Oceanside Subarea plan. I am not sure yet (I have a phone call in to the planner) whether this has to be done before/after or concurrently with the CEQA submittal. However, I am hoping to discuss with you the rationale for the ratio selected, and my remapping of some of the area as Disturbed (previously mapped as “Ruderal”).

F-1 Could you let me know how to proceed? I can send the Bio Report or meet on site or meet at one of your offices. Or all of these. Could you let me know your availability? I am under some pressure from the project proponent to keep this process moving. Thanks Liz Kellogg Elizabeth M. Kellogg Tierra Data Inc. 10110 West Lilac Road Escondido, CA 92026-5703 (760) 749-2247 (760) 751-9707 fax

From: [email protected] [mailto:[email protected]] Sent: Wednesday, October 29, 2008 10:15 AM To: Elizabeth Kellogg Cc: [email protected]; [email protected]

Subject: Re: FW: Mission San Luis Rey project Hi Liz - I've had the opportunity to look over the bio report for the Villa at Mission San Luis Rey in Oceanside. I have a few questions for you concerning the impacts and proposed mitigation: 1. Is the 0.48 acre of willow going to be impacted by the project? It seems like the willows, being remnant and patchy, were included in the ruderal classification; is this correct? Any impacts to willow would have to be mitigated. 2. The MHCP does not recognize "ruderal" as a habitat group. Based on the list of species present and the site photographs, it may be more appropriate to categorize the habitat as non-native (annual) grassland. Would you agree with that? Impacts to NNG also need to be mitigated at a 0.5:1 ratio per the MHCP and Oceanside draft Subarea Plan. 3. What is the acreage of the proposed impacts to freshwater alkali marsh? The total acreage is 0.83 acres; is any of this proposed to be used as mitigation, or is it all being impacted? I read in the summary that the mitigation proposed consists of the development of a wetland garden in the area of the Lavan- deria, and that the native plant garden is to have an interpretive trail. Generally, this does not sound like appropriate mitigation; we typically require that wetland/riparian mitigation consists of natural vegetation (not gardens), excludes trails, and is protected by a conservation easement with a restoration plan (if needed) and perpetual management. Because the Oceanside Subarea Plan is still in draft form and we've made some recent revisions to the mitigation ratio requirement table (we still haven't heard back from the City on our proposed revisions), it is difficult to say what the mitigation ratios for the wetland/riparian impacts would be. Impacts to the willow (riparian scrub) should be mitigated between 1:1 and 3:1, and impacts to freshwater alkali marsh should be mitigated at 4:1. However, it sounds like the riparian and wetland habitat is fairly disturbed, which may allow for a reduced mitigation ratio of 1:1 to 2:1 (maintaining the no net loss policy). Where is this project in the CEQA process? I haven't seen anything else on it, so is it scheduled to go out for review soon? I'm copying both Christine Beck and David Lawhead from the CA Dept. of Fish and Game, as any proposed mitigation ratios will need to be approved by CDFG as well.

F-2 Thanks for giving me the opportunity to look over this project; let me know if you have any questions. Cheers, Marci Marci L. Koski, M.S., Ph.D. Fish and Wildlife Biologist U.S. Fish & Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road, Suite 101 Carlsbad, CA 92011 760.431.9440 ext. 304 760.431.5902 fax

From: "Elizabeth Kellogg" Sent: 10/14/2008 11:46 AM To: cc

Subject: FW: Mission San Luis Rey project Had your email incorrect the first time! Liz

From: Elizabeth Kellogg [mailto:[email protected]] Sent: Tuesday, October 14, 2008 11:44 AM To: '[email protected]'

Subject: Mission San Luis Rey project Here you go, Liz Elizabeth M. Kellogg Tierra Data Inc. 10110 West Lilac Road Escondido, CA 92026-5703 (760) 749-2247 (760) 751-9707 fax [attachment "MissionSanLuisReyBioReport_compiled.pdf" deleted by Marci Koski/CFWO/R1/ FWS/DOI] ------

From: Jerry Hittleman [[email protected]] Sent: Wednesday, March 18, 2009 2:33 PM To: Bruce Russell; Daniel J. Niebaum; Richard Greenbauer Cc: [email protected]; [email protected]; [email protected]; Lou Lightfoot; James Lockman; Richard Greenbauer

Subject: RE: Mitigation for Villas at MSLR

F-3 Hi All, Yesterday, the City and Wildlife Agency staffs discussed the potential of using Whelan Ranch Mitiga- tion Bank to mitigate non-native grassland impacts related to the Villas at Mission San Luis Rey. The conclusion was that use of the Whelan Mitigation Bank, which is sold out and has no credits left for sale, could not be used as additional mitigation for other projects. The City will explore other mitigation options such as establishing an “in-lieu” mitigation fee for impacts to non-native grassland (NNG) and coastal sage scrub that is un-occupied by gnatcatchers. Fees collected by the City would be used to acquire, manage, or restore critical open space parcels. In the meantime, the Villas at MSLR project may proceed with an appropriate CEQA document. The mitigation for NNG impacts would need to state a range of viable options. The final NNG mitigation plan would need to be in place prior to the issuance of grading or clearing permits. Please feel free to contact me if you have any additional questions. Thanks, Jerry Jerry Hittleman, City Planner City of Oceanside Development Services Department Planning Division 300 North Coast Highway Oceanside, CA 92054 (760) 435-3535 phone (760) 754-2958 fax [email protected]

From: Bruce Russell [mailto:[email protected]] Sent: Wednesday, March 18, 2009 11:24 AM To: 'Daniel J. Niebaum'; Jerry Hittleman; Richard Greenbauer Cc: [email protected]; [email protected]; [email protected]; 'Lou Lightfoot'; 'James Lockman'

Subject: RE: Mitigation for Villas at MSLR Hi… anybody know how the meeting turned out at city? Please let me know… thanks Bruce Russell Managing Partner 303 717 5640 sgblocks.com

From: Daniel J. Niebaum [mailto:[email protected]] Sent: Monday, March 16, 2009 3:57 PM To: [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; winmark@pac- bell.net; Lou Lightfoot

Subject: Mitigation for Villas at MSLR Jerry,

F-4 Lou and I appreciated the opportunity to speak with you about the Villas at MSLR project earlier today and your willingness to discuss our mitigation proposal with USFWS. Understanding that it is not appropriate for our team to attend your Tuesday (3/17) meeting with Mr. Zoutendyk, I wanted to provide you with a little more background on the project and the mitigation issues involved. I've attached some previous e-mails between Liz Kellogg (project biologist with Tierra Data) and Marci Koski breaking down the proposal for Whelan Ranch - please see below. Please contact me with any questions you might have. We appreciate your efforts to keep this project moving along. Thank You, Dan Dan Niebaum, AICP Senior Planner The Lightfoot Planning Group 5750 Fleet Street, Suite 250 Carlsbad, CA 92008 P: (760) 692-1924 F: (760) 692-1935

------

From: Orven Zaragoza [[email protected]] Sent: Monday, July 07, 2008 2:41 PM To: Elizabeth Kellogg Cc: Richard Greenbauer; Jerry Hittleman

Subject: RE: Villa at Mission San Luis Rey Meeting with CDFG July 1 2008 Thank you for the meeting summary and for coordinating the field visit, Liz. Regards, Orven Zaragoza Senior Planner The Lightfoot Planning Group 5750 Fleet Street, Suite 250 Carlsbad, CA 92008 760-692-1924 off 760-692-1935 fax

From: Elizabeth Kellogg [mailto:[email protected]] Sent: Thursday, July 03, 2008 5:45 AM To: Orven Zaragoza

Subject: Villa at Mission San Luis Rey Meeting with CDFG July 1 2008 MEETING SYNOPSIS WITH CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) JULY 1, 2008 at 2:30 PM Present:

F-5 Tamara Spear, CDFG Streambed Alteration Agreement Specialist James Lockman, OFM, Executive Director Mission San Luis Rey Orven Zaragosa, Senior Planner Lightfoot Planning Group Elizabeth Kellogg, Senior Biologist Tierra Data Inc. The four of us met to facilitate Ms. Spear’s evaluation of the jurisdictional status of wetlands mapped in the project area. She was provided a general project overview and was introduced to the Villa site, adjacent Lavanderia, and the proposed native wetland garden and interpretive area. Bro. James Lockman, supported by the project team, responded to Ms. Spear’s questions about how water is introduced and processed through the Mission San Luis Rey property and the Villa site. He explained the plans for a system of bioswales and a pond with adjacent wetlands for managing and purifying storm water. The team also explained that federal mapping of the area within the limits of the 100-year floodplain of the San Luis Rey River did not constitute a potential for flooding because of the existence of a levee. Also, responding to a question about the depth of groundwater, the team explained that the geotechnical surveyors reported groundwater at approximately 6 feet deep. Based on the site visit, Ms. Spear concluded that no streambed existed on the site that would cause the project to require a Streambed Alteration Agreement or permit. How- ever, the existence of alkali marsh vegetation would require consideration under the California Environmental Quality Act (CEQA). The team explained to Ms. Spear that the project description submitted to the City of Oceanside included such consideration by proposing a 1:1 mitigation ratio for the loss of wetland vegetation, consistent with the Draft Subarea Plan for the City of Oceanside. This mitigation is proposed to take place adjacent to the Villa site. Ms. Spear requested that the team have the City of Oceanside route the project review request to her specifically to conduct CDFG’s CEQA evaluation, since she had completed the site visit and was now familiar with the project. The meeting concluded with Ms. Spear touring the Mission museum. Respectfully submitted, Elizabeth M. Kellogg Tierra Data Inc. 10110 West Lilac Road Escondido, CA 92026-5703 (760) 749-2247 (760) 751-9707 fax

F-6