1 PARTICIPATING SPECIAL ENTITY AGREEMENT Between the EAST

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PARTICIPATING SPECIAL ENTITY AGREEMENT

Between

THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY and GRANITEROCK COMPANY

1.0 PARTIES

This Agreement is made and entered into by the East Contra Costa County Habitat Conservancy (“Conservancy”) and Graniterock Company (“Participating Special Entity” or “PSE”) as of the Effective Date.

2.0 RECITALS

The Parties have entered into this Agreement in consideration of the following facts:

2.1 The East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP,” or “Plan”) is intended to provide a comprehensive framework to protect natural resources in eastern Contra Costa County, while improving and streamlining the environmental permitting process for certain projects that would cause impacts on endangered and threatened species. The primary policy priority of the Plan is to provide comprehensive species, wetlands, and ecosystem conservation and contribute to recovery of endangered and threatened species within East Contra Costa County while balancing open space, habitat, agriculture, and urban development. To that end, the Plan describes how to avoid, minimize, and mitigate, to the maximum extent practicable, impacts on Covered Species and their habitats while allowing for certain development and other activities in selected regions of the County and the Cities of Pittsburg, Clayton, Oakley, and Brentwood. 2.2 The Conservancy is a joint powers authority formed by its members, the County of Contra Costa (“County”), the City of Pittsburg (“Pittsburg”), the City of Clayton (“Clayton”), the City of Oakley (“Oakley”) and the City of Brentwood (“Brentwood”), to implement the HCP/NCCP. 2.3 The HCP/NCCP covers approximately one-third of the County, or 174,082 acres, all in East Contra Costa County, in which impacts from certain development and other activities are evaluated, and in which conservation will occur. 2.4 The area covered by the HCP/NCCP has been determined to provide, or potentially provide, habitat for twenty-eight (28) species that are listed as endangered or threatened, that could in the future be listed as endangered or threatened, or that have some other special status under federal or state laws.

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2.5 The Conservancy has received authorization from the United States Fish and Wildlife Service (“USFWS”) under incidental take permit TE 160958- 0, and the California Department of Fish and Wildlife (“CDFW”), under incidental take permit 2835-2007-01-03, for the Take of the twenty-eight (28) special-status species and certain other species, as take is defined respectively under federal and state law, while carrying out certain development and other activities. 2.6 The Conservancy may enter into agreements with participating special entities that allow certain activities of theirs to be covered by the Federal Permit and the State Permit, subject to the conditions in the Implementing Agreement (“IA”), the HCP/NCCP and the Permits. 2.7 PSE proposes to implement the 2017 Storm Damage Repair‐FEMA 4301‐ DR‐CA: Divide Reservoir project and seeks extension of the Conservancy’s permit coverage to repair a landslide on the access road to Contra Costa Water District’s Divide Reservoir, as further described in the Application, attached as Exhibit 1. 2.8 The Conservancy has concluded, based on the terms of this Agreement and the application submitted by PSE (the “Application”), that PSE has provided adequate assurances that it will comply with all applicable terms and conditions of the IA, the HCP/NCCP, and the Permits. The Application is attached hereto as Exhibit 1 and is hereby incorporated into this Agreement by reference.

3.0 DEFINITIONS

The following terms as used in this Agreement will have the meanings set forth below. Terms specifically defined in the Federal Endangered Species Act (“FESA”), the California Endangered Species Act (“CESA”) or the Natural Community Conservation Planning Act (“NCCPA”) or the regulations adopted by USFWS and CDFW under those statutes shall have the same meaning when used in this Agreement. Definitions used in this Agreement may elaborate on, but are not intended to conflict with, such statutory or regulatory definitions.

3.1 “Agreement” means this Agreement, which incorporates the IA, the HCP/NCCP, the Permits, and the Application by reference. 3.2 “Application” means the application submitted by the PSE in accordance with Chapter 8.4 of the HCP/NCCP, and which is attached hereto as Exhibit 1. The Application contains a cover sheet, the results of required planning surveys and the avoidance, minimization and mitigation measures that will be a condition of the PSE using Conservancy’s Permits. 3.3 “Authorized Take” means the extent of incidental Take of Covered Species authorized by the USFWS in the Federal Permit issued to the Conservancy pursuant to Section 10(a)(1)(B) of FESA, and the extent of

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Take of Covered Species authorized by CDFG in the State Permit issued to the Conservancy pursuant to California Fish and Game Code section 2835. 3.4 “CDFW” means the California Department of Fish and Wildlife, formerly the California Department of Fish and Game, a department of the California Resources Agency. 3.5 “CESA” means the California Endangered Species Act (Fish & G. Code, § 2050 et seq.) and all rules, regulations and guidelines promulgated pursuant to that Act. 3.6 “Changed Circumstances” means changes in circumstances affecting a Covered Species or the geographic area covered by the HCP/NCCP that can reasonably be anticipated by the Parties and that can reasonably be planned for in the HCP/NCCP. Changed Circumstances and planned responses to Changed Circumstances are more particularly defined in Section 12.2 of the IA and Chapter 10.2.1 of the HCP/NCCP. Changed Circumstances do not include Unforeseen Circumstances. 3.7 “Covered Activities” means those land uses and conservation and other activities described in Chapter 2.3 of the HCP/NCCP to be carried out by the Conservancy or its agents that may result in Authorized Take of Covered Species during the term of the HCP/NCCP, and that are otherwise lawful. 3.8 “Covered Species” means the species, listed and non-listed, whose conservation and management are provided for by the HCP/NCCP and for which limited Take is authorized by the Wildlife Agencies pursuant to the Permits. The Take of Fully Protected Species is not allowed. The Take of extremely rare plants that are Covered Species is allowed only as described in Section 6.0 and the IA. 3.9 “Effective Date” means the date when this Agreement is fully executed. 3.10 “Federal Listed Species” means the Covered Species which are listed as threatened or endangered species under FESA as of the Effective Date, and the Covered Species which are listed as threatened or endangered pursuant to FESA during the term of the HCP/NCCP as of the date of such listing. 3.11 “Federal Permit” means the federal incidental Take permit issued by USFWS to the Conservancy and other local agencies pursuant to Section 10(a)(1)(B) of FESA (permit number TE 160958-0), as it may be amended from time to time. 3.12 “FESA” means the Federal Endangered Species Act of 1973, as amended (16 U.S.C § 1531 et seq.) and all rules, regulations and guidelines promulgated pursuant to that Act. 3.13 “Fully Protected Species” means any species identified in California Fish and Game Code sections 3511, 4700, 4800, 5050 or 5515 that occur within the Plan Area. 3.14 “HCP/NCCP” or “Plan” means the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan.

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3.15 “Implementing Agreement” or “IA” means the “Implementing Agreement for the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan,” dated January 22, 2007. 3.16 “Jurisdictional Wetlands and Waters” means State and federally regulated wetlands and other water bodies that cannot be filled or altered without permits from either the U.S. Army Corps of Engineers under section 404 of the Clean Water Act or, from the State Water Resources Control Boards under either section 401 of the Clean Water Act or the Porter-Cologne Water Quality Act, or CDFW under section 1602 of the Fish and Game Code, as further explained in Chapter 1.3.5 of the HCP/NCCP. 3.17 “Listed Species” means a species (including a subspecies, or a distinct population segment of a vertebrate species) that is listed as endangered or threatened under FESA or CESA. 3.18 “NCCPA” means the Natural Community Conservation Planning Act (Fish & G. Code, § 2800 et seq.) and all rules, regulations and guidelines promulgated pursuant to that Act. 3.19 “Non-listed Species” means a species (including a subspecies, or a distinct population segment of a vertebrate species) that is not listed as endangered or threatened under FESA or CESA. 3.20 “Party” or “Parties” means any or all of the signatories to this Agreement. 3.21 “Permit Area” means the area within the Plan Area where the Conservancy has received authorization from the Wildlife Agencies for the Authorized Take of Covered Species while carrying out Covered Activities. 3.22 “Permits” means the Federal Permit and the State Permit. 3.23 “Plan Area” means the geographic area analyzed in the HCP/NCCP, located in the eastern portion of Contra Costa County, as depicted in Figure 1-1 of the HCP/NCCP. The Plan Area is further described in detail in Chapter 1.2.1 of the HCP/NCCP. The Plan Area is also referred to as the “Inventory Area” in the HCP/NCCP. 3.24 “Preserve System” means the land acquired and dedicated in perpetuity through either a fee interest or conservation easement intended to meet the preservation, conservation, enhancement and restoration objectives of the HCP/NCCP. 3.25 “Project” means the 2017 Storm Damage Repair‐FEMA 4301‐DR ‐CA: Divide Reservoir project, as described in Section 2.7 and the Application. 3.26 “State Permit” means the state Take permit issued to the Conservancy and other local agencies pursuant to Section 2835 of the California Fish and Game Code (permit number 2835-2007-01-03), as it may be amended from time to time. 3.27 “Take” has the same meaning provided by FESA and its implementing regulations with regard to activities subject to FESA, and also has the same

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meaning provided in the California Fish and Game Code with regard to activities subject to CESA and NCCPA. 3.28 “Unforeseen Circumstances” under the Federal Permit means changes in circumstances affecting a Covered Species or geographic area covered by the HCP/NCCP that could not reasonably have been anticipated by the Plan developers and USFWS at the time of the Plan’s negotiation and development, and that result in a substantial and adverse change in the status of a Covered Species. “Unforeseen Circumstances” under the State Permit means changes affecting one or more species, habitat, natural community, or the geographic area covered by the Plan that could not reasonably have been anticipated at the time of Plan development, and that result in a substantial adverse change in the status of one or more Covered Species. 3.29 “USFWS” means the United States Fish and Wildlife Service, an agency of the United States Department of Interior. 3.30 “Wildlife Agencies” means USFWS and CDFW.

4.0 PURPOSES

This Agreement defines the Parties’ roles and responsibilities and provides a common understanding of actions that will be undertaken to avoid, minimize and mitigate the effects on the Covered Species caused by the Project, and to provide for the conservation of the Covered Species within the Plan Area. The purposes of this Agreement are to ensure implementation of each of the terms and conditions of this Agreement, and the relevant terms of the IA, the HCP/NCCP, and the Permits, and to describe remedies and recourse should either Party fail to perform its obligations as set forth in this Agreement.

5.0 AVOIDANCE, MINIMIZATION AND MITIGATION OF IMPACTS

5.1 General Framework As required by FESA and NCCPA, the HCP/NCCP includes measures to avoid and minimize take of Covered Species and to conserve natural communities and Covered Species at the landscape-, habitat- and species-level. Chapter 6 of the HCP/NCCP provides further instructions to determine which avoidance and minimization measures are applicable to particular Covered Activities. PSE shall implement all applicable avoidance and minimization measures as required by the HCP/NCCP, including but not limited to those identified in Chapter 6, as described in the Application and this Agreement.

5.2 Surveys and Avoidance Measures Planning surveys are required prior to carrying out any Covered Activity for which a fee is collected or land in lieu of a fee is provided. PSE has submitted a planning survey report for approval by the Conservancy in accordance with Chapter 6.2.1 of the HCP/NCCP. This planning survey report is contained within the Application, which describes the results of the planning survey and describes in detail the pre-construction surveys, construction monitoring, avoidance measures and mitigation measures that apply to the Project and shall be performed by PSE. Based on the Application, the Conservancy has determined that PSE

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will implement and comply with all applicable preconstruction surveys and construction monitoring requirements described in Chapters 6.2.2 and 6.2.3 of the HCP/NCCP.

5.3 No Take of Extremely Rare Plants or Fully Protected Species Nothing in this Agreement, the HCP/NCCP or the Permits shall be construed to allow the Take of extremely rare plant species listed in Table 6-5 of the HCP/NCCP (“No-Take Plant Population”) or any Fully Protected Species under California Fish and Game Code sections 3511, 4700, 4800, 5050 or 5515. PSE shall avoid Take of these species.

5.3.1 Golden Eagle The Permits do not authorize Take of the golden eagle and PSE shall avoid Take of any golden eagle. The avoidance measures set forth in the HCP/PCCP, including but not limited to Conservation Measure 1.11, should be adequate to prevent Take of golden eagles, but the Conservancy shall notify PSE in writing of any additional or different conservation measures that are designed to avoid Take of these species and that apply to PSE. PSE shall implement all such avoidance measures to avoid Take of golden eagles.

5.4 Fees and Dedications As set forth in the Application, PSE agrees to pay the Conservancy a one-time payment of $4,033.35, which amount includes all HCP/NCCP mitigation fees necessary for the Project. The payment also includes an amount sufficient to implement additional actions that will contribute to the recovery of endangered and threatened species (“Contribution to Recovery”). The overall payment amount is the sum of the following:

Temporary Impact Fee: $4,033.35

The payment must be paid in full before any ground-disturbance associated with the Project occurs. Notwithstanding the above, the Parties acknowledge that the Conservancy adjusts its fee schedule annually on March 15 of each year in accordance with the fee adjustment provisions of Chapter 9.3.1 of the HCP/NCCP. If the PSE pays before March 15, 2019 and construction of the Project commences before March 15, 2019, the amount due will be as stated above. If PSE pays on or after March 15, 2019 or construction of the Project does not commence before March 15, 2019, the amount due will be subject to annual fee adjustments for all fees, and subject to annual adjustments of the Contribution to Recovery based on the formula set forth in Chapter 9.3.1. Based on these adjustments, if PSE pays before March 15 of any year, but construction does not commence before March 15th of that year, PSE will either be required to submit an additional payment for any increases or be entitled to a refund without interest for any decreases.

6.0 TAKE AUTHORIZATION

6.1 Extension of Take Authorization to PSE As provided in Chapter 8.4 of the HCP/NCCP, after receipt of the Wildlife Agencies’ written concurrence that the Proposed Activity complies with the HCP/NCCP, the Permits

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and the IA, and after execution of this Agreement, payment of fees, compliance with the California Environmental Quality Act (Public Resources Code section 21000, et seq.) ("CEQA"), the Conservancy shall issue a Certificate of Inclusion to PSE that specifically describes the Authorized Take and required conservation measures and extends Take authorization under the Permits to PSE. PSE is ultimately responsible for compliance with all applicable terms and conditions of this Agreement, the IA, the HCP/NCCP and the Permits.

6.1.1 Compliance with the California Environmental Quality Act The Conservancy's issuance of a Certificate of Inclusion to the PSE is a public agency action that must comply with CEQA. For purposes of the Project, the Conservancy is the CEQA lead agency. The Conservancy has determined the project is categorically exempt from the requirements of CEQA under Class 4, “Minor Alterations to Land,” of the State CEQA Guidelines Section 15304 (Pub. Resources Code section 21084; Cal. Code Regs., tit. 14,§15304).

6.2 Duration of Take Authorization Once the Take authorization has been extended to the Project, it shall remain in effect for a period of fifteen (15) years, unless and until the Permits are revoked by USFWS or CDFW, in which case the Take authorization may also be suspended or terminated.

6.3 Section 7 Consultations with USFWS Nothing in this Agreement is intended to alter the obligation of a federal agency to consult with USFWS pursuant to Section 7 of FESA (16 U.S.C. §1536(a)). The PSE acknowledges that, if the Proposed Activities are authorized, funded, or carried out by a federal agency, the federal agency and the Proposed Activities must also comply with Section 7. As provided in Section 16.1 of the IA, USFWS has made a commitment that, unless otherwise required by law or regulation, it will not require any measures under Section 7 that are inconsistent with or exceed the requirements of the HCP/NCCP and the Permits for activities covered by the HCP/NCCP and the Permits.

7.0 RIGHTS AND OBLIGATIONS OF PSE

7.1 Rights Upon the Conservancy’s issuance of a Certificate of Inclusion to PSE, PSE may Take the Covered Species while carrying out the Project in the Permit Area, as further authorized by and subject to the conditions of this Agreement, the IA, the HCP/NCCP, and the Permits. The authority issued to PSE applies to all of its elected officials, officers, directors, employees, agents, subsidiaries, contractors, and subcontractors, and their officers, directors, employees and agents to the extent that they participate in the implementation of the Project. PSE shall periodically conduct an educational program to fully inform all such persons and entities of the terms and conditions of the Permits, and PSE shall be responsible for supervising their compliance with those terms and conditions. All contracts between PSE and such persons and entities shall require their compliance with the Permits.

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7.2 General Obligations The PSE will fully and faithfully perform all obligations assigned to it under this Agreement, the IA, the HCP/NCCP, the Permits, including but not limited to the obligations assigned in the following chapters of the HCP/NCCP: Chapter 6.0 (Conditions on Covered Activities), Chapter 8.4 (Participating Special Entities), and Chapter 9.0 (Funding). PSE shall implement all measures and adhere to all standards included in the Application, and PSE shall reserve funding sufficient to fulfill its obligations under this Agreement, the IA, the HCP/NCCP and the Permits throughout the term of this Agreement. PSE will promptly notify the Conservancy of any material change in its financial ability to fulfill its obligations under this Agreement.

7.3 Obligations In The Event of Suspension or Revocation In the event that USFWS and/or CDFW suspend or revoke the Permits pursuant to Sections 19.0 and 21.0 of the IA, PSE will remain obligated to fulfill its mitigation, enforcement, management, and monitoring obligations, and its other HCP/NCCP obligations, in accordance with this Agreement and applicable statutory and regulatory requirements for all impacts resulting from implementation of the Project prior to the suspension or revocation.

7.4 Interim Obligations upon a Finding of Unforeseen Circumstances If the Wildlife Agencies make a finding of Unforeseen Circumstances with regard to a Federal Listed Covered Species, during the period necessary to determine the nature and location of additional or modified mitigation, PSE will avoid contributing to an appreciable reduction in the likelihood of the survival and recovery of the affected species. As described in Section 15.2.2 and Section 15.3.2 of the IA, the Wildlife Agencies shall be responsible for implementing such additional measures or modifications, unless PSE consents to do so.

7.5 Obligations In The Event Of Changed Circumstances Changed Circumstances, as described in 50 Code of Federal Regulations section 17.22(b)(5)(i), are adequately addressed in Chapter 7 and Chapter 10 of the HCP/NCCP, and PSE shall implement any measures for such circumstances as called for in the HCP/NCCP, as described in Section 12.2 of the IA.

7.6 Obligation to Compensate Conservancy for Administrative Costs PSE shall compensate the Conservancy for its direct costs associated with this Agreement, including but not limited to, staff, consultant and legal costs incurred as a result of the review of the Application, drafting and negotiating this Agreement, monitoring and enforcement of this Agreement, and meetings and communications with PSE (collectively, Conservancy’s “Administrative Costs”). Conservancy’s Administrative Costs shall not exceed $1,500 in the aggregate. Conservancy shall provide PSE with invoices detailing its Administrative Costs monthly or quarterly, at Conservancy’s discretion. PSE shall remit payment of each invoice within thirty (30) days of receiving it.

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This provision is not intended to, and shall not be construed to, limit PSE’s duty to indemnify the Conservancy as provided in Section 7.7 of this Agreement.

7.7 Indemnification PSE agrees to defend, indemnify, and hold harmless the Conservancy and its board members, officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s), or proceeding(s) (collectively referred to as “Proceedings”) brought against Conservancy or its board members, officers, contractors, consultants, attorneys, employees, or agents arising out of or resulting from any of the following.  Decisions or actions of the Conservancy related to the Project, this PSE Agreement, or compliance with the California Environmental Quality Act of 1970, as amended (“CEQA”) with regard to the Project; and  The negligence, recklessness, or intentional misconduct of any representative, employee, or agent of PSE. Notwithstanding the above, (i) PSE shall have no duty to defend, indemnify, or hold harmless the Conservancy to the extent damages are sought in a tort claim arising out of or resulting from the individual negligence, recklessness, or intentional misconduct of any representative, employee, or agent of the Conservancy and (ii) the indemnification obligations set forth above shall in no way limit the rights and remedies of PSE with respect to any breach of the terms and conditions of this PSE Agreement by the Conservancy. PSE’s duty to indemnify the Conservancy includes, but is not limited to, damages, fees and/or costs awarded against or incurred by Conservancy, if any, and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred in connection with any Proceedings.

7.7.1 Enforcement of Indemnification Provision PSE agrees to indemnify Conservancy for all of Conservancy’s costs, fees, and damages incurred in enforcing the indemnification provisions of this Agreement.

7.7.2 Compliance Costs PSE agrees to defend, indemnify and hold harmless Conservancy, its officers, contractors, consultants, attorneys, employees and agents from and for all costs and fees incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as this Agreement or any document required for purposes of compliance with CEQA) if made necessary by any Proceedings.

7.7.3 Obligations in the Event of Litigation In the event that PSE is required to defend Conservancy in connection with any Proceedings, Conservancy shall have and retain the right to approve, which approval shall not be withheld unreasonably:  the counsel to so defend Conservancy;

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 all significant decisions concerning the manner in which the defense is conducted; and  any and all settlements. Conservancy shall also have and retain the right to decline to participate in the defense, except that Conservancy agrees to reasonably cooperate with PSE in the defense of the Proceedings. If Conservancy participates in the defense, all Conservancy fees and costs shall be paid by PSE. PSE’s defense and indemnification of Conservancy set forth herein shall remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgments rendered in the Proceedings.

8.0 REMEDIES AND ENFORCEMENT

If PSE fails to comply with the terms of this Agreement, the IA, the HCP/NCCP, or the Permits, the Conservancy may withdraw the Certificate of Inclusion and terminate any Take authorization extended to PSE. The Conservancy shall also have all of the remedies available in equity (including specific performance and injunctive relief) and at law to enforce the terms of this Agreement, the IA, the HCP/NCCP and the Permits, and to seek redress and compensation for any breach or violation thereof. The Parties acknowledge that the Covered Species are unique and that their loss as species would be irreparable and that therefore injunctive and temporary relief may be appropriate in certain instances involving a breach of this Agreement.

9.0 FORCE MAJEURE

In the event that a Party is wholly or partially prevented from performing obligations under this Agreement because of unforeseeable causes beyond the reasonable control of and without the fault or negligence of Party (“Force Majeure”), including, but not limited to, acts of God, labor disputes, sudden actions of the elements not identified as Changed Circumstances, or actions of non-participating federal or state agencies or local jurisdictions, the Party shall be excused from whatever performance is affected by such unforeseeable cause to the extent so affected, and such failure to perform shall not be considered a material violation or breach, provided that nothing in this section shall be deemed to authorize either Party to violate FESA, CESA or NCCPA, and provided further that:  The suspension of performance is of no greater scope and no longer duration than is required by the Force Majeure;  Within seven (7) days after the occurrence of the Force Majeure, the Party invoking this section shall give the other Party written notice describing the particulars of the occurrence;  The Party shall use best efforts to remedy its inability to perform (however, this paragraph shall not require the settlement of any strike, walk-out, lock-out or other labor dispute on terms which in the sole judgment of the Party is contrary to its interest); and

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 When the Party is able to resume performance of their obligations, it shall give the other Party written notice to that effect.

10.0 MISCELLANEOUS PROVISIONS

10.1 Calendar Days Throughout this Agreement and the HCP/NCCP, the use of the term “day” or “days” means calendar days, unless otherwise specified.

10.2 Notices Any notice permitted or required by this Agreement shall be in writing, and delivered personally, by overnight mail, or by United States mail, certified and postage prepaid, return receipt requested. Notices may be delivered by facsimile or electronic mail, provided they are also delivered by one of the means listed above. Delivery shall be to the name and address of the individual responsible for each of the Parties, as follows:

Abigail Fateman East Contra Costa County Habitat Conservancy c/o Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Email: [email protected] Phone: 925-674-7820

Greg Oliveira Project Engineer Graniterock Company 5650 Imhoff Drive, STE E Concord, CA 94520 Email: [email protected] Phone: 510-378-3010

Notices shall be transmitted so that they are received within the specified deadlines. Notices delivered personally shall be deemed received on the date they are delivered. Notices delivered via overnight delivery shall be deemed received on the next business day after deposit with the overnight mail delivery service. Notice delivered via certified mail, return receipt requested, shall be deemed received as of the date on the return receipt or five (5) days after deposit in the United States mail, whichever is sooner. Notices delivered by facsimile or other electronic means shall be deemed received on the date they are received.

10.3 Entire Agreement This Agreement, together with the IA, the HCP/NCCP and the Permits, constitutes the entire agreement among the Parties. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter hereof and contains all of the covenants and agreements among them with respect to said

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matters, and each Party acknowledges that no representation, inducement, promise of agreement, oral or otherwise, has been made by any other Party or anyone acting on behalf of any other Party that is not embodied herein.

10.4 Amendment This Agreement may only be amended with the written consent of both Parties.

10.5 Attorneys’ Fees If any action at law or equity, including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be able to recover its attorneys’ fees and costs.

10.6 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California, as applicable.

10.7 Duplicate Originals This Agreement may be executed in any number of duplicate originals. A complete original of this Agreement shall be maintained in the official records of each of the Parties hereto.

10.8 Relationship to the FESA, CESA, NCCPA and Other Authorities The terms of this Agreement are consistent with and shall be governed by and construed in accordance with FESA, CESA, NCCPA and other applicable state and federal law.

10.9 No Third Party Beneficiaries Without limiting the applicability of rights granted to the public pursuant to FESA, CESA, NCCPA or other applicable law, this Agreement shall not create any right or interest in the public, or any member thereof, as a third party beneficiary thereof, nor shall it authorize anyone not a Party to this Agreement to maintain a suit for personal injuries or property damages under the provisions of this Agreement. The duties, obligations, and responsibilities of the Parties to this Agreement with respect to third party beneficiaries shall remain as imposed under existing state and federal law.

10.10 References to Regulations Any reference in this Agreement, the IA, the HCP/NCCP, or the Permits to any regulation or rule of the Wildlife Agencies shall be deemed to be a reference to such regulation or rule in existence at the time an action is taken.

10.11 Applicable Laws All activities undertaken pursuant to this Agreement, the IA, the HCP/NCCP, or the Permits must be in compliance with all applicable local, state and federal laws and regulations.

10.12 Severability

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In the event one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable by any court of competent jurisdiction, such portion shall be deemed severed from this Agreement and the remaining parts of this Agreement shall remain in full force and effect as though such invalid, illegal, or unenforceable portion had never been a part of this Agreement.

10.13 Due Authorization Each Party represents and warrants that (1) the execution and delivery of this Agreement has been duly authorized and approved by all requisite action, (2) no other authorization or approval, whether of governmental bodies or otherwise, will be necessary in order to enable it to enter into and comply with the terms of this Agreement, and (3) the person executing this Agreement on behalf of each Party has the authority to bind that Party.

10.14 No Assignment The Parties shall not assign their rights or obligations under this Agreement, the Permits, or the HCP/NCCP to any other individual or entity.

10.15 Headings Headings are using in this Agreement for convenience only and do not affect or define the Agreement’s terms and conditions.

IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Implementing Agreement to be in effect as of the date last signed below.

EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

By: ______DATE: ______ABIGAIL FATEMAN, Executive Director

GRANITEROCK COMPANY

By: ______DATE: ______G. OLIVEIRA, Project Engineer

Agenda Item 8 Exhibit 1 Attachment

Application Form and Planning Survey Report To Comply With and Receive Permit Coverage Under The East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan

Please complete this application to apply for take authorization under the state and federal East Contra Costa County HCP/NCCP incidental take permits. The East Contra Costa County Habitat Conservancy (“Conservancy”) or local jurisdiction (City of Brentwood, City of Clayton, City of Oakley, City of Pittsburg, and Contra Costa County) may request more information in order to deem the application complete.

I. PROJECT OVERVIEW

PROJECT INFORMATION

PROJECT NAME: January 2017 Storm Damage Repair Projects‐FEMA 4301‐DR‐CA: Divide Reservoir

PROJECT TYPE: Residential Commercial Transportation Utility Other

PROJECT DESCRIPTION (BRIEF): Land slide repair on access road to Contra Costa Water District’s Divide Reservoir.

PROJECT ADDRESS/LOCATION: Marsh Creek Road approx. 1 mile north of Morgan Territory Road, unincorporated Contra Costa County.

PARCEL/PROJECT SIZE (ACRES): 0.14 acres

PROJECT APN(S): 078‐280‐002

APPLICATION SUBMITTAL DATE: 4/05/2018 FINAL PSR DATE: (City/County/Conservancy use) LEAD PLANNER: Contra Costa Water District JURISDICTION: City of Brentwood City of Clayton City of Oakley City of Pittsburg Contra Costa County Participating Special Entity* *Participating Special Entities are organizations not subject to the authority of a local jurisdiction. Such organizations may include school districts, irrigation districts, transportation agencies, local park districts, geological hazard abatement districts, or other utilities or special districts that own land or provide public services.

DEVELOPMENT FEE ZONE: Zone I Zone II Zone III Zone IV See figure 9‐1 of the HCP/NCCP at www.cocohcp.org for a generalized development fee zone map. Detailed development fee zone maps by jurisdiction are available from the jurisdiction.

PROJECT APPLICANT INFORMATION

APPLICANT’S NAME: Graniterock

AUTHORIZED AGENT’S NAME AND TITLE: Greg Oliveira

PHONE NO.: (510) 378‐3010 APPLICANT’S E‐MAIL: [email protected]

MAILING ADDRESS: 5650 Imhoff Drive, Suite E, Concord, CA 94520

BIOLOGIST INFORMATION1

BIOLOGICAL/ENVIRONMENTAL FIRM: Olberding Environmental, Inc.

CONTACT NAME AND TITLE: Jeff Olberding, Principal

PHONE NO.: (916) 985‐1188 CONTACT’S E‐MAIL: [email protected]

MAILING ADDRESS: 193 Blue Ravine Road, Suite 165 Folsom, California 95630

1 A USFWS/CDFW‐approved biologist (project‐specific) is required to conduct the surveys. Please submit biologist(s) approval request to the Conservancy.

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II. PROJECT DETAILS

Please complete and/or provide the following attachments:

1) Project Description Attach as Attachment A: Project Description. Provide a detailed written description that concisely and completely describes the project and location. Include the following information:  All activities proposed for the site or project, including roads utilized, construction staging areas, and the installation of underground facilities, to ensure the entire project is covered by the HCP/NCCP permit  Proposed construction dates, including details on construction phases, if applicable  Reference a City/County application number for the project, if applicable  General Best Management Practices, if applicable  If the project will have temporary impacts, please provide a restoration plan describing how the site will be restored to pre‐project conditions, including revegetation seed mixes or plantings and timing

2) Project Vicinity Map Provide a project vicinity map. Attach as Figure 1 in Attachment B: Figures.

3) Project Site Plans Provide any project site plans for the project. Attach as Figure 2 in Attachment B: Figures.

4) CEQA Document Indicate the status of CEQA documents prepared for the project. Provide additional comments below table if necessary.

Type of Document Status Date Completed Initial Study Notice of Preparation Draft EIR Final EIR Notice of Categorical Exemption Filed with County Clerk. NOE attached. 08/28/2017 Notice of Statutory Exemption Other (describe) Project is exempt under the following CEQA Guidelines: 1. Section 15304, which exempts “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes”.

III. EXISTING CONDITIONS AND IMPACTS

Please complete and/or provide the following attachments:

1) Field‐Verified Land Cover Map2 Attach a field‐verified land cover map in Attachment B: Figures and label as Figure 3. The map should contain all land cover types present on‐site overlaid on aerial/satellite imagery. Map colors for the land cover types should conform to the HCP/NCCP (see Figure 3‐3: Landcover in the Inventory Area for land cover type legend).

2) Photographs of the Project Site Attach representative photos of the project site in Attachment B: Figures and label as Figure 4. Please provide captions for each photo.

2 For PSEs and city or county public works projects, please also identify permanent and temporary impact areas by overlaying crosshatching (permanent impacts) and hatching (temporary impacts) on the land cover map.

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3) Land Cover Types and Impacts and Supplemental Tables  For all terrestrial land cover types please provide calculations to the nearest hundredth of an acre (0.01). For aquatic land cover types please provide calculations to the nearest thousandth of an acre (0.001).  Permanent Impacts are broadly defined in the ECCC HCP/NCCP to include all areas removed from an undeveloped or habitat‐providing state and includes land in the same parcel or project that is not developed, graded, physically altered, or directly affected in any way but is isolated from natural areas by the covered activity. Unless such undeveloped land is dedicated to the Preserve System or is a deed‐restricted creek setback, the development mitigation fee will apply (if proposed, would require Conservancy approval).  Temporary Impacts are broadly defined in the ECCC HCP/NCCP as any impact on vegetation or habitat that does not result in permanent habitat removal (i.e. vegetation can eventually recover).  If wetland (riparian woodland/scrub, wetland, or aquatic) land cover types are present on the parcel but will not be impacted please discuss in the following section 4) Jurisdictional Wetlands and Waters. Wetland impact fees will only be charged if wetland features are impacted. However, development fees will apply to the entire parcel.  Stream land cover type is considered a linear feature where impacts are calculated based on length impacted. The acreage within a stream, below Top of Bank (TOB), must be assigned to the adjacent land cover type(s). Insert area of impact to stream below TOB in parentheses after the Land Cover acreage number (e.g., Riparian Woodland/Scrub: 10 (0.036) – where 10 is the total impacted acreage including 0.036 acre, which is the acreage within stream TOB). Complete following supplemental Stream Feature Detail table to provide information for linear feet.  Total Impacts acreage should be the total parcel acreage (development project) or project footprint acreage (rural infrastructure or utility project). Proposed for HCP/NCCP Dedication on the Parcel Table 1: Land Cover Types and Impacts (Requires Conservancy Approval) Permanent Temporary Preserve System Land Cover Type Stream Setback Impacts Impacts Dedication Grassland Annual Grassland 0.14 ac Alkali Grassland Ruderal Shrubland Chaparral and Scrub Woodland Oak Savannah Oak Woodland Riparian Riparian Woodland/Scrub Wetland Permanent Wetland Seasonal Wetland Alkali Wetland Aquatic Aquatic (Reservoir/Open Water) Slough/Channel Pond Stream (in linear feet) ‐ ‐ Irrigated Agriculture Pasture Cropland Orchard Vineyard Other Nonnative woodland Wind turbines Developed (not counted toward Fees) Urban 0.75 ac Aqueduct Turf Landfill TOTAL IMPACTS 0 0.14

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Identify any uncommon vegetation and uncommon landscape features3:

Supplemental to Table 1: Uncommon Vegetation and Landscape Features Permanent Temporary

Impacts Impacts Uncommon Grassland Alliances Purple Needlegrass Grassland Blue Wildrye Grassland Creeping Ryegrass Grassland Wildflower Fields Squirreltail Grassland One‐sided Bluegrass Grassland Serpentine Bunchgrass Grassland Saltgrass Grassland Alkali Sacaton Bunchgrass Grassland Other Uncommon Landscape Features Rock Outcrops Caves Springs and seeps Scalds Sand Deposits Mines4 Buildings (bat roosts)3 Potential nest sites (trees or cliffs)3

Please provide details of impacts to stream features:

Stream Name: N/A Watershed: San Joaquin Delta/Marsh Creek Watershed Supplemental to Table 1: Stream Feature Detail5

6 Permanent Impacts Temporary Impacts Stream Width Stream Type5F5F5F 7 7 (linear feet)6F6F6F (linear feet) Perennial ≤ 25 feet wide Intermittent > 25 feet wide Ephemeral, 3rd or higher order Ephemeral, 1st or 2nd order Perennial ≤ 25 feet wide Intermittent > 25 feet wide Ephemeral, 3rd or higher order Ephemeral, 1st or 2nd order Perennial ≤ 25 feet wide Intermittent > 25 feet wide Ephemeral, 3rd or higher order Ephemeral, 1st or 2nd order

3 These acreages are for Conservancy tracking purposes. Impacts to these uncommon vegetation and landscape features should be accounted for within the land cover types in Table 1 (e.g., x acres of purple needlegrass in this supplemental table should be accounted for within annual grassland in Table 1). 4 Insert amount/number, not acreage. Provide additional information on these features in Attachment A: Project Description. 5 Use more than 1 row as necessary to describe impacts to streams on site. 6 See glossary (Appendix A) for definition of stream type and order. 7 Stream length is measured along stream centerline, based on length of impact to any part of the stream channel, TOB to TOB.

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4) Summary of Land Cover Types Please provide a written summary of descriptions for land cover types found on site including characteristic vegetation.

The proposed work area consists of a gravel rocked roadway (urban) and 0.14 acres of annual non‐native grassland which consisted of wild oat (Avena fatua), ripgut brome (Bromus diandrus), soft chess (Bromus hordeaceus), yellow star thistle (Centaurea solstitialis) and filaree (Erodium spp.). The staging area is a gravel rocked (urban) area adjacent to the Divide Reservoir above ground tanks (urban) and a perennial cattle stock pond. Access to the site passes through chaparral, annual grassland, and blue oak woodland habitats via a partially paved and gravel roadway. The gravel roadway is also considered urban habitat.

5) Jurisdictional Wetlands and Waters If wetlands and waters are present on the project site, project proponents must conduct a delineation of jurisdictional wetlands and waters. Jurisdictional wetlands and waters are defined on pages 1‐18 and 1‐19 of the ECCC HCP/NCCP as the following land cover types: permanent wetland, seasonal wetland, alkali wetland, aquatic, pond, slough/channel, and stream. It should be noted that these features differ for federal and state jurisdictions. If you have identified any of these land cover types in Table 1, complete the section below.

a) Attach the wetland delineation report as Attachment E: Wetland Delineation. If a wetland delineation has not been completed, please explain below in section 4c.

b) Please check the following permits the project may require. Please submit copies of these permits to the Conservancy prior to the start of construction: CWA Section 404 Permit8 CWA Section 401 Water Quality Certification Waste Discharge Requirements Lake and Streambed Alteration Agreement

c) Provide any additional information on impacts to jurisdictional wetland and waters below, including status of the permit(s):

No impacts to any jurisdictional wetlands or waters are anticipated.

8 The USACE Sacramento District issued a Regional General Permit 1 (RGP) related to ECCC HCP/NCCP covered activities. The RGP is designed to streamline wetland permitting in the entire ECCC HCP/NCCP Plan Area by coordinating the avoidance, minimization, and mitigation measures in the Plan with the Corps’ wetland permitting requirement. Applicants seeking authorization under this RGP shall notify the Corps in accordance with RGP general condition number 18 (Notification).

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6) Species‐Specific Planning Survey Requirements Based on the land cover types found on‐site and identified in Table 1, check the applicable boxes in Table 2a.

Table 2a. Species –Specific Planning Survey Requirements

Land Cover Type Info in Required Survey Species Habitat Element in Project Area Planning Survey Requirement9 in Project Area HCP Grasslands, San Joaquin kit fox Assumed if within modeled range If within modeled range of species, pp. 6‐37 oak savannah, of species identify and map potential breeding or to 6‐38 agriculture, or denning habitat within the project site ruderal and a 250‐ft radius around the project footprint. Western burrowing Assumed Identify and map potential breeding pp. 6‐39 owl habitat within the project site and a to 6‐41 500‐ft radius around the project footprint. Please note the HCP requires buffers for occupied burrows. Surveys may need to encompass an area larger than the project footprint. Aquatic Giant garter snake Aquatic habitat accessible from Identify and map potential habitat. pp. 6‐43 (ponds, the San Joaquin River to 6‐45 wetlands, streams, sloughs, California tiger Ponds and wetlands Identify and map potential breeding pp. 6‐45 channels, and salamander Vernal pools habitat. Document habitat quality and marshes) Reservoirs features. Provide the Conservancy Small lakes with photo‐documentation and report. California Slow‐moving streams, ponds and Identify and map potential breeding p. 6‐46 red‐legged frog wetlands habitat. Document habitat quality and features. Provide the Conservancy with photo‐documentation and report. Covered shrimp Seasonal wetlands Identify and map potential habitat. pp. 6‐46 Vernal pools Please note the HCP requires a 50 foot to 6‐48 Sandstone rock outcrops non‐disturbance buffer from seasonal Sandstone depressions wetlands that may be occupied by covered shrimp. Surveys may need to encompass an area larger than the project footprint. Any Townsend’s big‐eared Rock formations with caves Map and document potential breeding pp. 6‐36 bat Mines or roosting habitat. to 6‐37 Abandoned buildings outside urban area Swainson’s hawk Potential nest sites within 1,000 Inspect large trees for presence of nest pp. 6‐41 feet of project sites. Document and map. to 6‐43

Golden Eagle Potential nest sites with ½ mile of Inspect large trees for presence of nest pp. 6‐38 project sites. Document and map. to 6‐39

Surveys for all covered species must be conducted by a qualified biologist (USFWS/CDFW project‐specific approved). Please submit biologist approval request to the East Contra Costa County Habitat Conservancy. Surveys for all covered species must be conducted according to the respective USFWS or CDFW survey protocols, as identified in Chapter 6.4.3 in the HCP/NCCP.

7) Planning Survey Species Habitat Maps Provide Planning Survey Species Habitat Maps as required in Table 2a, attach as Figure 5 in Attachment B: Figures.

9 The planning survey requirements in this table are not comprehensive. Please refer to Chapter 6.4.3 in the ECCC HCP/NCCP for more detail.

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8) Results of Species Specific Surveys Provide a written summary describing the results of the planning surveys. Please discuss the location, quantity, and quality of suitable habitat for specified covered wildlife species on the project site.

See attached Biological Resources Assessment document for detailed habitat suitability assessment. In brief, the annual grasslands surrounding the work site, access road, and staging area was inhabited by fossorial mammals, including ground squirrels, and burrows were present. Most burrows were too small, likely created by Botta’s pocket gophers, to be used by burrowing owl, however, open annual grassland habitat does exist in the vicinity of the work area, and burrowing owl cannot be ruled out. No burrowing owls or visual evidence of burrowing owls (whitewash, feathers, beetle husks, etc.) were observed during the Biological Resource Assessment survey. There are approximately 21 acres of marginally suitable burrowing owl habitat within a 500‐foot buffer of the work and staging sites (see Figure 5: Planning Survey Species Habitat Map). There were no CNDDB occurrences for burrowing owls within 5‐miles of the Project area.

California tiger salamanders (CTS) are presumed present within the existing cattle stock pond immediately north of the staging area and within fossorial mammal burrows throughout the Project area. There is a confirmed occurrence of CTS breeding in another stock pond approximately 1,600 feet north of this stock pond (CNDDB Occurrence #487). The Property offers suitable breeding and upland refuge habitat within the cattle stock pond and the small mammal burrows.

California red‐legged frogs (CRLF) have a high potential to occur within 500‐feet of the work and staging areas. The closest confirmed occurrence (CNDDB occurrence #371) was located on Marsh Creek Road, approximately 0.8 miles to the southeast near Morgan Territory Road. The Property where work is to occur is also within 5‐miles of two different USFWS designated critical habitat units for CRLF (Unit CCS‐2A and CCS‐2B). With the cattle stock pond, the adjacent seasonal drainage, and the abundant upland refuge, CRLF has a high potential to occur within the vicinity of the work and staging areas.

Townshend’s big eared bat has a moderate potential to occur in the vicinity of the Project. Townshend’s big eared bats typically roost in caves, mines, and tunnels, but can also be found roosting in buildings and other man‐made structures. These bats are found throughout California, but their distribution is not well known. Maternity roosts are typically small clusters of bats (usually less than 100), and are in relatively warm sites. Mount Diablo mine and another unnamed mine are present on USGS 7.5' Quadra ngle maps approximately 0.7 miles to the south of the Project, and the Divide reservoir tanks themselves can be a potential roosting site due to their large thermal mass. The nearest Townshend’s big eared bat occurrence listed on the CNDDB was approximately 1.8 miles to the southwest on Mount Diablo (Occurrence #424). Bat specific pre‐construction surveys will be completed prior to the construction start date to determine what bat species may be utilizing the reservoir tanks (if any), in addition to other bat species that may be roosting in trees closer to the work site. Bat surveys will be conducted with acoustic bat detectors including the Anabat SD2 and the Wildlife Acoustics Echo Meter Touch 2 Pro.

Special‐status plant surveys will be completed prior to work and within the recognized blooming period (April and May 2018). Wildlife species‐specific surveys will be completed prior to construction start date.

9) Covered and No‐Take Plants Please check the applicable boxes in Table 2b based on the land cover types found in the project area. If suitable land cover types are present on site, surveys must be conducted using approved CDFW/USFWS methods during the appropriate season for identification of covered and no‐take species (see page 6‐9 of the ECCC HCP/NCCP). Reference populations of covered and no‐take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. In order to complete all the necessary covered and no‐take plant surveys, spring, summer, and fall surveys may be required.

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Table 2b. Covered and No‐Take Plant Species

Covered Suitable Land (C) or No‐ Associated Land Typical Habitat or Physical Conditions, if Typical Blooming Cover Type Plant Species Take (N) Cover Type Known Period Present Adobe navarretia C Annual Grassland Generally found on clay barrens in Apr–Jun Yes (Navarretia nigelliformis ssp. Annual Grassland b No radians) a Alkali milkvetch N Alkali grassland Generally found in vernally moist habitat Mar–Jun Yes (Astragalus tener ssp. tener) Alkali wetland in soils with a slight to strongly elevated No Annual grassland pH Seasonal wetland Big tarplant C Annual grassland Elevation below 1500 feet d most often on Jul–Oct Yes (Blepharizonia plumosa) Altamont Series or Complex soils No Brewer’s dwarf flax C Annual grassland Generally, restricted to grassland areas May–Jul Yes (Hesperolinon breweri) Chaparral and scrub within a 500+ buffer from oak woodland No Oak savanna and/or chaparral/scrub d Oak woodland Brittlescale C Alkali grassland Restricted to soils of the Pescadero or May–Oct Yes (Atriplex depressa) Alkali wetland Solano soil series; generally found in No southeastern region of plan area d Caper‐fruited tropidocarpum N Alkali grassland Mar–Apr Yes (Tropidocarpum capparideum) No Contra Costa goldfields N Alkali grassland Generally found in vernal pools Mar–Jun Yes (Lasthenia conjugens) Alkali wetland No Annual grassland Seasonal wetland Diablo Helianthella C Chaparral and scrub Elevations generally above 650 feet d Mar–Jun Yes (Helianthella castanea) Oak savanna No Oak woodland Diamond‐petaled poppy N Annual grassland Mar–Apr Yes (Eschscholzia rhombipetala) No Large‐flowered fiddleneck N Annual grassland Generally on clay soil Apr–May Yes (Amsinckia grandiflora) No Mount Diablo buckwheat N Annual grassland Ecotone of grassland and chaparral/scrub Apr–Sep Yes (Eriogonum truncatum) Chaparral and scrub No Mount Diablo fairy‐lantern C Annual grassland Elevations generally between 650 and Apr–Jun Yes (Calochortus pulchellus) Chaparral and scrub 2,600d No Oak savanna Oak woodland Mount Diablo Manzanita C Chaparral and scrub Elevations generally between 700 and Jan–Mar Yes (Arctostaphylos auriculata) 1,860 feet; restricted to the eastern and No northern flanks of Mt. Diablo d and the vicinity of Black Diamond Mines Recurved larkspur C Alkali grassland Mar–Jun Yes (Delphinium recurvatum) Alkali wetland No Round‐leaved filaree C Annual grassland Mar–May Yes (California macrophylla) c No San Joaquin spearscale C Alkali grassland Apr–Oct Yes (Extriplex joaquiniana) e Alkali wetland No Showy madia C Annual grassland Primarily occupies open grassland or Mar–May Yes (Madia radiata) Oak savanna grassland on edge of oak woodland No Oak woodland a The species Navarretia nigelliformis subsp. nigelliformis is no longer considered to occur within Contra Costa County based on specimen annotations at the UC and Jepson Herbaria at the University of California Berkeley as well as the opinions of experts in the genus. This taxon is now recognized as Navarretia nigelliformis subsp. radians. Any subspecies of Navarretia nigelliformis encountered as a part of botanical surveys in support of a PSR should be considered as covered under this HCP/NCCP. b Habitat for the Navarretia nigelliformis subspecies that occurs within the inventory are is inaccurately described in the HCP/NCCP as vernal pools. The entity within the Inventory generally occupies clay barrens within Annual Grassland habitat, which is an upland habitat type. c From California Native Plant Society. 2007. Inventory of Rare and Endangered Plants (online edition, v7‐07d). Sacramento, CA. Species may be identifiable outside of the typical blooming period; a professional botanist shall determine if a covered or no take plant occurs on the project site. Reference population of covered and no‐take plants should be visited, where possible, prior to conducting surveys to confirm that the plant is visible and detectable at the time surveys are conducted. d See Species Profiles in Appendix D of the Final HCP/NCCP. Reference populations of covered and no‐take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. e In the recent update to the Jepson eflora (JFP 2013) Atriplex joaquinana has been circumscribed and segregated into a new genus called Extriplex based on the work of Elizabeth Zacharias and Bruce Baldwin (2010). The etymology of the genus Extriplex means, “beyond or outside Atriplex”.

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10) Results of Covered and No‐Take Plant Species Provide a written summary describing the results of the planning surveys conducted as required in Table 2b. Describe the methods used to survey the site for all covered and no‐take plants, including the dates and times of all surveys conducted (see Tables 3‐8 and 6‐5 of the ECCC HCP/NCCP for covered and no‐take plants), including reference populations visited prior to conducting surveys.

If any covered or no‐take plant species were found, include the following information in the results summary:  Description and number of occurrences and their rough population size.  Description of the “health” of each occurrence, as defined on pages 5‐49 and 5‐50 of the HCP/NCCP.  A map of all the occurrences.  Justification of surveying time window, if outside of the plant’s blooming period.  The CNDDB form(s) submitted to CDFW (if this is a new occurrence).  A description of the anticipated impacts that the covered activity will have on the occurrence and how the project will avoid impacts to all covered and no‐take plant species. If impacts to covered plant species cannot be avoided and plants will be removed by covered activity, the Conservancy must be notified and has the option to salvage the covered plants. All projects must demonstrate avoidance of all six no‐take plants (see table 6‐5 of the HCP/NCCP).

Olberding Environmental conducted focused surveys of literature and special‐status databases in order to identify special‐status plant species and sensitive habitat types with the potential to occur in the study area. Sources reviewed included the California Natural Diversity Database (CNDDB) occurrence records (CNDDB 2018) and the California Native Plant Society (CNPS) Inventory (Skinner and Pavlik 1994) for the Clayton, Antioch South, Walnut Creek, Vine Hill, Honker Bay, Antioch North, Los Trampas Ridge, Diablo, and Tassajara 7.5” USGS Quadrangles; as well as the standard flora (Hickman 1993).

Species‐specific plant surveys will be conducted for the following species: Big tarplant, Brewer’s dwarf flax, diamond petaled poppy, large‐flowered fiddleneck, round‐leaved filaree, and showy madia. The other species listed in the above Covered and No Take Plant Species Table are not anticipated to be present as the habitat requirements for those species are not present in the Project area. The Project work area consists of annual grassland and oak woodland. There are no clay barrens, alkali grasslands or wetlands, or vernal pools present. None of the above species were found during the Biological Resources Assessment reconnaissance‐level survey, but that survey took place on March 15, 2018, prior to the recognized blooming period for those species. Additional “Covered and No‐Take plant species” surveys for those species identified in the above literature will be completed prior to the start of construction, when the plant species will begin their blooming season in April and May 2018. Surveys will conform to the California Native Plant Society (CNPS) Rare Plant Survey Protocols.

A CNDDB Online Field Survey Form will be submitted for any rare plant species encountered during the rare plant surveys.

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IV. SPECIES‐SPECIFIC AVOIDANCE AND MINIMIZATION REQUIREMENTS

Please complete and/or provide the following attachments:

1) Species‐Specific Avoidance and Minimization for Selected Covered Wildlife Complete the following table and check the applicable box for covered species determined by the planning surveys.

Table 3. Summary of Applicable Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring Requirements10

Preconstruction Survey Avoidance and Minimization Info in Species Construction Monitoring Required Requirements Requirements HCP San  On project footprint and 250‐ft  Monitor dens  Establish exclusion zones ( >50 ft pp. 6‐37 Joaquin radius, map all dens (>5 in.  Destroy unoccupied dens for potential dens, and >100 ft for to 6‐38 kit fox diameter) and determine status  Discourage use of occupied (non‐ known dens)  Provide written survey results natal) dens  Notify USFWS of occupied natal to USFWS within 5 working dens days after surveying Western  On project footprint and 500‐ft  Avoid occupied nests during  Establish buffer zones (250 ft pp. 6‐39 burrowing radius, identify and map all breeding season (Feb‐Sep) around nests) to 6‐41 owl owls and burrows, and  Avoid occupied burrows during  Establish buffer zones (160 ft determine status nonbreeding season (Sep – Feb) around burrows)  Document use of habitat (e.g.  Install one‐way doors in occupied breeding, foraging) burrow (if avoidance not possible)  Monitor burrows with doors installed Giant  Delineate aquatic habitat up to  Limit construction to Oct‐May  Delineate 200 ft buffer around pp. 6‐43 garter 200 ft from water’s edge on  Dewater habitat April 15 – Sep 30 potential habitat near construction to 6‐45 snake each side prior to construction  Provide field report on monitoring  Document any occurrences  Minimize clearing for construction efforts  Stop construction activities if snake is encountered; allow snake to passively relocate  Remove temporary fill or debris from construction site  Mandatory training for construction personnel California  Provide written notification to  Allow agency staff to translocate  None p. 6‐45 tiger USFWS and CDFW regarding species, if requested salamander timing of construction and likelihood of occurrence on site California  Provide written notification to  Allow agency staff to translocate  None p. 6‐46 red‐legged USFWS and CDFW regarding species, if requested frog timing of construction and likelihood of occurrence on site Covered  Establish presence/absence  Establish buffer near construction  Establish buffer around outer edge pp. 6‐46 shrimp  Document and evaluate use of activities of all hydric vegetation associated to 6‐48 all habitat features (e.g. vernal  Prohibit incompatible activities with habitat (50 ft or immediate pools, rock outcrops) watershed, whichever is larger)  Mandatory training for construction personnel Townsend’s  Establish presence/absence  Seal hibernacula before Nov  None pp. 6‐36 big‐eared  Determine if potential sites  Seal nursery sites before April to 6‐37 bat were recently occupied (guano)  Delay construction near occupied sites until hibernation or nursery seasons are over Swainson’s  Determine whether potential  No construction within 1,000 ft of  Establish 1,000 ft buffer around pp. 6‐41 hawk nests are occupied occupied nests within breeding active nest and monitor to 6‐43 season (March 15 ‐ Sep 15) compliance (no activity within  If necessary, remove active nest established buffer) tree after nesting season to prevent occupancy in second year. Golden  Establish presence/absence of  No construction within ½ mile near  Establish ½ mile buffer around pp. 6‐38 Eagle nesting eagles active nests (most activity late Jan active nest and monitor to 6‐39 – Aug) compliance with buffer

10 The requirements in this table are not comprehensive; they are detailed in the next section on the following page.

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2) Required Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring All preconstruction surveys shall be conducted in accordance with the requirements set forth in Section 6.4.3, Species‐Level Measures, and Table 6‐1 of the ECCC HCP/NCCP. Detailed descriptions of preconstruction surveys, avoidance and minimization, and construction monitoring applicable to each of the wildlife species in Table 3 are located below. Please remove the species‐specific measures that do not apply to your project (highlight entire section and delete).

WESTERN BURROWING OWL

Preconstruction Surveys Prior to any ground disturbance related to covered activities, a USFWS/CDFW‐ approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat. The surveys will establish the presence or absence of western burrowing owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (California Department of Fish and Game 1995). On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500‐ foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys should take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys will document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1–January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted.

Avoidance and Minimization and Construction Monitoring This measure incorporates avoidance and minimization guidelines from CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). If burrowing owls are found during the breeding season (February 1 – August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance will include establishment of a non‐disturbance buffer zone (described below). Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg‐laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1 – January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone (described below). During the breeding season, buffer zones of at least 250 feet in which no construction activities can occur will be established around each occupied burrow (nest site). Buffer zones of 160 feet will be established around each burrow being used during the nonbreeding season. The buffers will be delineated by highly visible, temporary construction fencing. If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160‐foot buffer zone by installing one‐way doors in burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for 1 week to confirm that the owl has abandoned the burrow. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow.

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CALIFORNIA TIGER SALAMANDER

Minimization Written notification to USFWS, CDFW, and the Implementing Entity, including photos and breeding habitat assessment, is required prior to disturbance of any suitable breeding habitat. The project proponent will also notify these parties of the approximate date of removal of the breeding habitat at least 30 days prior to this removal to allow USFWS or CDFW staff to translocate individuals, if requested. USFWS or CDFW must notify the project proponent of their intent to translocate California tiger salamanders within 14 days of receiving notice from the project proponent. The applicant must allow USFWS or CDFW access to the site prior to construction if they request it. There are no restrictions under this Plan on the nature of the disturbance or the date of the disturbance unless CDFW or USFWS notify the project proponent of their intent to translocate individuals within the required time period. In this case, the project proponent must coordinate the timing of disturbance of the breeding habitat to allow USFWS or CDFW to translocate the individuals. USFWS and CDFW shall be allowed 45 days to translocate individuals from the date the first written notification was submitted by the project proponent (or a longer period agreed to by the project proponent, USFWS, and CDFW).

CALIFORNIA RED‐LEGGED FROG

Minimization Written notification to USFWS, CDFW, and the Implementing Entity, including photos and habitat assessment, is required prior to disturbance of any suitable breeding habitat. The project proponent will also notify these parties of the approximate date of removal of the breeding habitat at least 30 days prior to this removal to allow USFWS or CDFW staff to translocate individuals, if requested. USFWS or CDFW must notify the project proponent of their intent to translocate California red‐legged frog within 14 days of receiving notice from the project proponent. The applicant must allow USFWS or CDFW access to the site prior to construction if they request it. There are no restrictions under this Plan on the nature of the disturbance or the date of the disturbance unless CDFW or USFWS notify the project proponent of their intent to translocate individuals within the required time period. In this case, the project proponent must coordinate the timing of disturbance of the breeding habitat to allow USFWS or CDFW to translocate the individuals. USFWS and CDFW shall be allowed 45 days to translocate individuals from the date the first written notification was submitted by the project proponent (or a longer period agreed to by the project proponent, USFWS, and CDFW).

TOWNSEND’S BIG‐EARED BAT

Preconstruction Surveys If the project does not avoid impacts to suitable habitat for Townsend’s big‐eared bat, a preconstruction survey is required to determine whether the sites are occupied immediately prior to construction or whether they show signs of recent previous occupation. Preconstruction surveys are used to determine what avoidance and minimization requirements are triggered before construction and whether construction monitoring is necessary.

Avoidance and Minimization If the species is discovered or if evidence of recent prior occupation is established, construction will be scheduled such that it minimizes impacts on Townsend’s big‐eared bat. Hibernation sites with evidence of prior occupation will be sealed before the hibernation season (November–March), and nursery sites will be sealed before the nursery season (April–August). If the site is occupied, then the action will occur either prior to or after the hibernation season for hibernacula and after August 15 for nursery colonies. Construction will not take place as long as the site is occupied. The locations of all suitable or occupied microhabitat within the inventory area are not known due to survey and mapping limitations. Hibernacula or nursery sites may be located during planning or preconstruction surveys.

Page 12 Planning Survey Report Form, Revised July 2015

Agenda Item 8 Attachment

Avoiding impacts on occupied sites during sensitive periods will minimize disturbance or direct mortality as a result of covered activities, and sealing sites prior to construction will allow bats to reestablish elsewhere.

3) Construction Monitoring Plan Before implementing a covered activity, the applicant will develop and submit a construction monitoring plan to the planning department of the local land use jurisdiction and the East Contra Costa County Habitat Conservancy for review and approval. Elements of a brief construction monitoring plan will include the following:  Results of planning and preconstruction surveys.11  Description of avoidance and minimization measures to be implemented, including a description of project‐specific refinements to the measures or additional measures not included in the HCP/NCCP.  Description of monitoring activities, including monitoring frequency and duration, and specific activities to be monitored.  Description of the onsite authority of the construction monitor to modify implementation of the activity.

Check box to acknowledge this requirement.

11 If the preconstruction surveys do not trigger construction monitoring, results of preconstruction surveys should still be submitted to the local jurisdiction and the East Contra Costa County Habitat Conservancy.

Page 13 Planning Survey Report Form, Revised July 2015

Agenda Item 8 Attachment

V. SPECIFIC CONDITIONS ON COVERED ACTIVITIES

1) Check off the HCP conservation measures that apply to the project.

APPLIES TO ALL PROJECTS Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds. This conservation measure applies to all projects. All projects will avoid all impacts on extremely rare plants and fully protected species listed in Table 6‐5 of the ECCC HCP/NCCP. See HCP pp. 6‐23 to 6‐25, and Table 6‐5.

APPLIES TO PROJECTS THAT IMPACT COVERED PLANT SPECIES Conservation Measure 3.10. Plant Salvage when Impacts are Unavoidable. This condition applies to projects that cannot avoid impacts on covered plants and help protect covered plants by prescribing salvage whenever avoidance of impacts is not feasible. Project proponents wishing to remove populations of covered plants must notify the Conservancy of their construction schedule to allow the Conservancy the option of salvaging the populations. See HCP pp. 6‐48 to 6‐50.

APPLIES TO PROJECTS THAT INCLUDE ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization. All projects will implement measures described in the HCP to avoid and minimize impacts on wetlands, ponds, streams, and riparian woodland/scrub. See HCP pp. 6‐33 to 6‐35.

APPLIES TO NEW DEVELOPMENT PROJECTS Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion. All new development must avoid or minimize direct and indirect impacts on local hydrological conditions and erosion by incorporating the applicable Provision C.3 Amendments of the Contra Costa County Clean Water Program’s (CCCCWP’s) amended NPDES Permit (order no. R2‐2003‐0022; permit no. CAS002912). The overall goal of this measure is to ensure that new development covered under the HCP has no or minimal adverse effects on downstream fisheries to avoid take of fish listed under ESA or CESA. See HCP pp. 6‐21 to 6‐22.

APPLIES TO NEW DEVELOPMENT PROJECTS THAT INCLUDE OR ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS Conservation Measure 1.7. Establish Stream Setbacks. A stream setback will be applied to all development projects covered by the HCP according to the stream types listed in Table 6‐2 of the HCP. See HCP pp. 6‐15 to 6‐18 and Table 6‐2.

APPLIES TO NEW DEVELOPMENT PROJECTS ADJACENT TO EXISTING PUBLIC OPEN SPACE, HCP PRESERVES, OR LIKELY HCP ACQUISITION SITES Conservation Measure 1.6. Minimize Development Footprint Adjacent to Open Space. Project applicants are encouraged to minimize their development footprint and set aside portions of their land to contribute to the HCP Preserve System. Land set aside that contributes to the HCP biological goals and objectives may be credited against development fees. See HCP pages 6‐14 to 6‐15. Conservation Measure 1.8. Establish Fuel Management Buffer to Protect Preserves and Property. Buffer zones will provide a buffer between development and wildlands that allows adequate fuel management to minimize the risk of wildlife damage to property or to the preserve. The minimum buffer zone for new development is 100 feet. See HCP pages 6‐18 to 6‐19. Conservation Measure 1.9. Incorporate Urban‐Wildlife Interface Design Elements. These projects will incorporate design elements at the urban‐wildlife interface to minimize the indirect impacts of development on the adjacent preserve. See HCP pp. 6‐20 to 6‐21.

APPLIES TO ROAD MAINTENANCE PROJECTS OUTSIDE THE UDA Conservation Measure 1.12. Implement Best Management Practices for Rural Road Maintenance. Road maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways, spreading invasive weeds, and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6‐25 to 6‐26.

APPLIES TO NEW ROADS OR ROAD IMPROVEMENTS OUTSIDE THE UDA Conservation Measure 1.14. Design Requirements for Covered Roads Outside the Urban Development Area (UDA). New roads or road improvements outside the UDA have impacts on many covered species far beyond the direct impacts of their project footprints. To minimize the impacts of new, expanded, and improved roads in agricultural and natural areas of the inventory area, road and bridge construction projects will adopt siting, design, and construction requirements described in the HCP and listed in Table 6‐6. See HCP pp. 6‐27 to 6‐33 and Table 6‐6.

APPLIES TO FLOOD CONTROL MAINTENANCE ACTIVITIES Conservation Measure 1.13. Implement Best Management Practices for Flood Control Facility Maintenance. Flood control maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6‐26 to 6‐27.

Page 14 Planning Survey Report Form, Revised July 2015

Agenda Item 8 Attachment

2) For all checked conservation measures, describe how the project will comply with each measure. Attach as Attachment C: Project Compliance to HCP Conditions.

VI. MITIGATION MEASURES

1) Mitigation Fee Calculator(s) Complete and attach the fee calculator (use permanent and/or temporary impact fee calculator as appropriate), and attach as Attachment D: Fee Calculator(s).

2) Briefly describe the amount of fees to be paid and when applicant plans to submit payment. As is shown in the attached Fee Calculator, Exhibit 1, a fee of $4,033.35 is due for impacts to 0.14 acre of land within HCP/NCCP Development Fee Zone II. Although 0.14 acre of impacts are temporary, the applicant will mitigate for the 0.14 acre of temporary impact by paying the full development fee, which is an option in the HCP/NCCP in lieu of calculating the area of indirect effects in consultation with the Conservancy and wildlife agencies (Chapter 9.3.1, 9‐ 28). This fee shall be paid prior to construction.

Page 19 Planning Survey Report Form, Revised January 2016

Agenda Item 8 Attachment

ATTACHMENT A: PROJECT DESCRIPTION

Agenda Item 8 Attachment

January 2017 Storm Damage Repair Projects - FEMA 4301-DR-CA - HCP Application

Attachment A: Project Description.

The Contra Costa Water District (CCWD) proposes the following:

1. Slope repair to one (1) slide at CCWD’s Divide Reservoir Access Road. Divide Reservoir provides treated water to CCWD customers.

The repair for the slide at the Divide Reservoir Access Road will consist of excavating the disturbed area to stable soil, filling the excavated area with imported engineered fill, and Hydroseeding the repaired slope. Turf reinforcement mesh may be used. The estimated dimensions of the earthwork repairs at the Divide Reservoir Access Road are as follows:

Site Project Project # Site Location/Canal Size of Repair Worksheet Milepost Divide Reservoir 11 CCWDC05 Marsh Creek Rd. 43’ x 67’ Access Rd

The anticipated duration of repairs at the Divide Reservoir treated water Access Road site is estimated to be ten (10) working days. The types of heavy equipment that is expected to be present on site at any one time consists of the following:

• One (1) backhoe with a bucket capacity of one (1) cubic yard. • One (1) dump truck with a capacity of 12 cubic yards. • One (1) front end loader with a bucket capacity of four (4) cubic yards. • Three (3) utility pickup trucks. • One (1) portable toilet.

The project is intended to restore the damaged slope to the condition prior to the January 2017 winter storm events. In addition, CCWD proposes the following conditions at the project site as measures to protect the environment:

1. CCWD or its contractors will conduct an environmental clearance on the work site ahead of construction activities that will determine that environmental resources, including but not limited to, burrowing animals, nesting raptors, sensitive plant species and/or plant communities, wetlands, special status reptiles and amphibians, or cultural materials do not occur or have been removed from the given area. If needed, CCWD will delineate habitat of the special-status species around the work area with posted signs, posting stakes, flags, and/or rope or cord, and shall place fencing as necessary to minimize disturbance of habitat. CCWD will obtain any necessary environmental permits as required. CCWD will provide a biological monitor as necessary and in the event that a special status species is found at the site, work will be halted Agenda Item 8 Attachment

until the special status species has left the area and all required agencies are notified of the event. 2. CCWD will conduct a worker environmental training program prior to construction for all work sites. This will be done by a qualified biologist, and the program will include species identification, natural history, habitat, and protection methods. 3. CCWD will conduct a worker cultural resources training program prior to construction for all work sites. Standard CCWD protocol for finding previously undiscovered cultural artifacts or remains within District and/or Reclamation lands shall apply. 4. The earthwork contractor shall maintain all equipment or vehicles driven and/or operated in proximity to surface water bodies in good working order to prevent the release of contaminants that if introduced to water could be deleterious to aquatic life, wildlife, or riparian habitat. The earthwork contractor shall fuel and perform maintenance on vehicles and other equipment at least 70 feet from any riparian habitat or water body, and will follow CCWD’s approved spill prevention plan. 5. All trash will be properly contained, removed from the work site, and disposed of on a daily basis. 6. CCWD will ensure that all raw construction materials, wastes, temporary fences, barriers and/or flagging are removed and properly disposed of from the Project Area immediately following the completion of construction. 7. The storage and handling of hazardous materials within the Project Site is prohibited and any unused or leftover hazardous products shall be properly contained and disposed of off-site.

Agenda Item 8 Attachment

ATTACHMENT B: FIGURES

Agenda Item 8 Attachment

Legend Survey Area Work Area 0 500 1,000 2,000 Feet Staging Area Access Road I Scale: 1:12,000 1 inch = 1,000 feet

Document Path: E:\Google Drive\Olberding\CCWD O&M\Divide Reservoir BRA & HCP\MXDs\Figure1_DivideReservoir Vicinity.mxd Figure 1: Vicinity Map 2017 CCWD Divide Reservoir 193 Blue Ravine Rd., Ste. 165 Slide Repair Project Folsom, CA 95630 Contra Costa County, California Phone: (916) 985-1188

Map Revision Date: 3/23/2018 Agenda Item 8 Attachment

Marsh Creek Rd

Legend 0 150 300 600 Feet Work Area Staging Area I Scale: 1:3,600 1 inch = 300 feet

Document Path: E:\Google Drive\Olberding\CCWD O&M\Divide Reservoir BRA & HCP\MXDs\Figure2_Site Plan.mxd Figure 2: Site Plan 2017 CCWD Divide Reservoir 193 Blue Ravine Rd., Ste. 165 Slide Repair Project Folsom, CA 95630 Contra Costa County, California Phone: (916) 985-1188

Map Revision Date: 3/26/2018 Agenda Item 8 Attachment

Legend Survey Boundary Ruderal/Developed Habitat Type Grassland 0 175 350 700 Chaparral Pond Feet Oak Woodland Seasonal wetland Oak Savanah Ephemeral Drainage I Scale: 1:4,200 1 inch = 350 feet

Document Path: E:\Google Drive\Olberding\CCWD O&M\Divide Reservoir BRA & HCP\MXDs\Figure3_Field Verified Land Cover Map.mxd Figure 3: Field-Verified Land Cover Map 2017 CCWD Divide Reservoir 193 Blue Ravine Rd., Ste. 165 Slide Repair Project Folsom, CA 95630 Contra Costa County, California Phone: (916) 985-1188

Map Revision Date: 3/26/2018 Agenda Item 8 Attachment

Photo 1: Facing east, photo shows large pond present on the Property. Oak woodland and deciduous forest can be seen in the background.

Photo 2: Facing northeast, photo shows large pond present on the Property. This pond provides suitable breeding habitat for California Tiger Salamander.

Figure 4: 2017 Storm Repair Divide Reservoir – March 2018 Agenda Item 8 Attachment

Photo 3: Facing northwest, photo shows the annual grassland and blue oak woodland habitats adjacent to the pond.

Photo 4: Facing west, photo shows large oak trees and non‐native annual grassland habitat.

Figure 4: 2017 Storm Repair Divide Reservoir – March 2018 Agenda Item 8 Attachment

Photo 5: Facing south, photo shows the two large water tank reservoirs adjacent to the pond and staging area.

Photo 6: Facing northwest, photo shows grassland habitat and large trees present on the southeastern corner of the Property.

Figure 4: 2017 Storm Repair Divide Reservoir – March 2018 Agenda Item 8 Attachment

Photo 7: Facing south, photo shows wooded slope on the southeastern corner of the Property. Marsh Creek Road can be seen at the bottom of the slope.

Photo 8: Facing southwest, photo shows rolling annual grassland habitat and scattered blue oaks. Marsh Creek Road can be seen in the background and acts as the southern boundary of the Property.

Figure 4: 2017 Storm Repair Divide Reservoir – March 2018 Agenda Item 8 Attachment

Photo 9: Facing east, photo shows dense deciduous forest on the eastern edge of the Property.

Photo 10: Facing north, photo shows small drainage present on the northeastern portion of the Property.

Figure 4: 2017 Storm Repair Divide Reservoir – March 2018 Agenda Item 8 Attachment

Photo 11: Facing southwest, photo shows small seasonal wetland in the foreground, and the water tank reservoirs in the background.

Photo 12: Facing west, photo shows the patch of chaparral present in the western corner of the Property. Considering the proximity of USFWS designated critical habitat for Alameda whipsnake Unit 4, this area is suitable for Alameda whipsnake.

Figure 4: 2017 Storm Repair Divide Reservoir – March 2018 Agenda Item 8 Attachment

Photo 13: Land slide area above the access road where work will be conducted to repair the slope.

Photo 14: Land slide area below the access road where work will be conducted to repair the slope.

Figure 4: 2017 Storm Repair Divide Reservoir – March 2018 Agenda Item 8 Attachment

Legend Work Area Staging Area Potential Townsend's Big Eared Bat Habitat Potential CTS & CRLF Breeding Habitat 0 150 300 600 Feet Potential BUOW Habitat 500ft buffer I Scale: 1:3,600 1 inch = 300 feet

Document Path: E:\Google Drive\Olberding\CCWD O&M\Divide Reservoir BRA & HCP\MXDs\Figure5_Planning Survey Species Habitat.mxd Figure 5: Planning Survey Species Habitat Map 2017 CCWD Divide Reservoir 193 Blue Ravine Rd., Ste. 165 Slide Repair Project Folsom, CA 95630 Contra Costa County, California Phone: (916) 985-1188

Map Revision Date: 3/26/2018 Agenda Item 8 Attachment

ATTACHMENT C: PROJECT COMPLIANCE TO HCP CONDITIONS

Agenda Item 8 Attachment

January 2017 Storm Damage Repair Projects - FEMA 4301-DR-CA - HCP Application

Attachment C: Project Compliance to HCP Conditions.

APPLIES TO ALL PROJECTS

Conservation Measure 1.11. Avoid Direct Impacts to Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds. This conservation measure applies to all projects. All projects will avoid all impacts on extremely rare plants and fully protected species listed in Table 6-5 of the ECCC HCP/NCCP. See HCP pp. 6-23 to 6-25, and Table 6-5.

Response: Project applicant has hired Olberding Environmental, Inc. to perform a Biological Resources Assessment which is attached to this ECCC HCP/NCCP Application. The assessment reviewed existing information regarding wildlife resources, special status species and their habitat on or adjacent to the Property. A current assessment of the site was completed to determine if biologically sensitive habitats are present within the site boundaries that may be suitable for use by any rare, threatened, endangered or otherwise protected species. In particular, the evaluation will focus on habitats utilized by species identified in the California National Diversity Database (CNDDB) and previous reports as having the potential to occur on site. Olberding Environmental staff conducted field reconnaissance surveys to evaluate biological habitats for special-status plant and animal species including no-take/covered plants, burrowing owl, Swainson’s hawk, California red-legged frog, California tiger salamander, and roosting bats.

Pre-construction surveys will be completed for rare plants (May 2018), burrowing owl and nesting birds and raptors before the initiation of construction. Construction monitoring may be needed dependent on the outcome of each survey. Olberding Environmental will conduct focused plant surveys during the appropriate blooming period of those species identified as potentially occurring on the subject property and to inventory habitats for special-status plant species if present. Any sensitive plant species identified during the survey will be flagged in the field and identified on a site map. If such plants are located during focused plant surveys, all direct and indirect impacts on such plants that could result from the Project will be avoided by collecting seed and rebroadcasting in nearby suitable habitat, translocating existing plants, or by preserving existing habitat in a different location.

Olberding Environmental will conduct a single focused survey of the project site to identify the use of the area by burrowing owls which are protected by the Migratory Bird Treaty Act. If ground disturbance activities are to occur within suitable nesting habitat during the breeding season (February 1 through September 1) the site will require surveys which do not exceed 30 days from the time of the survey to the actual date of disturbance. If burrowing owls are present, Olberding Environmental will identify the nests in the field and include appropriate mitigation measures in the report, make recommendations for additional surveys (CDFW required protocol surveys are required if owls or owl signs are discovered) and include avoidance measures prior to construction. If burrowing owls are found to occupy the survey Agenda Item 8 Attachment

area, consultation with CDFW will be required to develop avoidance and/or minimization measures.

Olberding Environmental will conduct a single focused survey during the breeding season (February 1 through September 1) of areas adjacent to the project site to identify any suitable large trees that could be used as nesting sites for raptors, including the no-take white-tailed kite. If large stick nests are discovered within the designated buffer area, the biologist will observe these nests to determine what species of raptor is utilizing the nest. If a white-tailed kite are observed and found to occupy the survey area, consultation with CDFW will be required to develop avoidance and/or minimization measures. Normally, a 1000 foot buffer will be created around the tree due to the raptor’s sensitive nature which ensures that no nest abandonment will take place.

A visual buffer will be established around the existing cattle stock pond adjacent to the proposed staging area as California tiger salamander breeding is presumed at this location.

A focused evening bat survey will be conducted by Olberding Environmental to determine the species and relative abundance of bats that may be roosting on or adjacent to the work and staging areas. A report of the findings will be submitted to the relevant agencies and special- status species will be submitted to the California Natural Diversity Database (CNDDB).

Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization. All projects will implement measures described in the HCP to avoid and minimize impacts on wetlands, ponds, streams, and riparian woodland/scrub. See HCP pp. 6-33 to 6-35.

Response: This project is not anticipated to incur any temporary or permanent impacts to any wetland, pond, or stream. The staging area is adjacent to a cattle stock pond, but a temporary visual buffer and staking will be installed by an Olberding Environmental biologist to ensure workers and equipment stay a safe distance from the pond and wetlands. There are no ground disturbance activities taking place adjacent to the pond. Agenda Item 8 Attachment

ATTACHMENT D: FEE CALCULATOR(S) Agenda Item 8 Attachment ECCC HCP/NCCP 2018 Fee Calculator Worksheet Permanent Impacts

PROJECT APPLICANT: Graniterock Company PROJECT NAME: 2017 Storm Damage Repair Project‐FEMA 4301‐DR‐CA: Divide Reservoir APN(s): 078‐280‐002 JURISDICTION: Participating Special Entity DATE: April 11, 2018

ACREAGE 2018 FEE PER ACRE PERMANENTLY (SUBJECT TO CHANGE)2 DEVELOPMENT FEE IMPACTED (TABLE 1)1 Fee Zone 1 x $14,404.82 = $0.00 See appropriate ordinance or HCP/NCCP Fee Zone 2 0.14 x $28,809.65 = $4,033.35 Figure 9‐1 to determine Fee Zone Fee Zone 3 x $7,202.41 = $0.00 Fee Zone 43 x $21,607.24 = $0.00 Development Fee Total = $4,033.35

ACREAGE 2018 FEE PER ACRE PERMANENTLY 2 (SUBJECT TO CHANGE) WETLAND MITIGATION FEE IMPACTED (TABLE 1)1 Riparian woodland / scrub x $101,891.30 = $0.00 Perennial Wetland x $149,703.01 = $0.00 Seasonal Wetland x $347,022.00 = $0.00 Alkali Wetland x $350,533.50 = $0.00 Ponds x $189,903.39 = $0.00 Aquatic (open water) x $94,951.69 = $0.00 Slough / Channel x $138,384.46 = $0.00

LINEAR FEET 2018 FEE PER LINEAR FT PERMANENTLY (SUBJECT TO CHANGE)2 STREAMS IMPACTED (TABLE 1) Streams 25 feet wide or less x $386.82 = $0.00 Streams greater than 25 feet wide x $580.23 = $0.00 Wetland Mitigation Fee Total = $0.00

FEE REDUCTION4 Development Fee reduction for land in lieu of fee = Development Fee reduction (up to 33% ) for permanent assessments = Wetland Mitigation Fee reduction for wetland restoration/creation performed by applicant = Reduction Total = $0.00

FINAL FEE CALCULATION Development Fee Total $4,033.35 Wetland Mitigation Fee Total + $0.00 Fee Subtotal = $4,033.35 Contribution to Recovery5 +

TOTAL AMOUNT TO BE PAID = $4,033.35

1 Conservancy staff will consult the land cover map in the Final HCP/NCCP and will reduce the acreage subject to the Development Fee by the acreage of the subject property that was identified in the Final HCP/NCCP as urban, turf, landfill or aqueduct land cover. 2 The Conservancy Governing Board adopted a periodic fee audit, as required by the HCP/NCCP, on June 27, 2013. The fee schedule above is based on the periodic fee audit, as adopted on June 27, 2013 and subject to the annual automatic fee adjustment. Development fees are adjusted annually according to a formula that includes both a Home Price Index (HPI) and a Consumer Price Index (CPI). The Wetland Mitigation Fees are adjusted according to a CPI. 3 "Fee Zone 4" is not shown on Figure 9‐1 of the HCP/NCCP but refers to the fee applicable to those few covered acitivities located in northeastern Antioch (p. 9‐21). 4 Fee reductions must be reviewed and approved by the Conservancy. 5 Conservancy requires PSEs to pay fees over and above permanent and temporary impact mitigation fees to cover indirect costs of extending permit coverage, including a portion of the costs of the initial preparation of the Plan, and a portion of the costs of conservation actions designed to contribute to species recovery. This amount will be determined by the Conservancy, in accordance with the implementation policy adopted by the Conservancy Governing Board.

Template date: March 7, 2018 Agenda Item 8 Attachment

ATTACHMENT E: WETLAND DELINEATION (if applicable) Agenda Item 8 Attachment

Not Applicable. There are no temporary or permanent impacts to wetlands or waters of the state anticipated during this project. Agenda Item 8 Attachment

BIOLOGICAL RESOURCES ANALYSIS REPORT

FOR THE DIVIDE RESERVOIR PROPERTY

CONTRA COSTA COUNTY, CALIFORNIA

Prepared for:

GRANITE ROCK CONSTRUCTION 5650 Imhoff Drive, Suite E Concord, California 94520

Prepared by:

OLBERDING ENVIRONMENTAL, INC. 3170 Crow Canyon Place, Suite 260 San Ramon, California 94583

Phone: (925) 866-2111 ~ Fax: (925) 866-2126

E-mail: [email protected] Contact: Jeff Olberding

MARCH 2018 Agenda Item 8 Attachment

TABLE OF CONTENTS

SUMMARY ...... 1 1.0 INTRODUCTION ...... 3 2.0 LOCATION ...... 3 3.0 PROPERTY DESCRIPTION...... 3 4.0 REGULATORY SETTING ...... 4 4.1 Federal Regulatory Setting ...... 4 4.1.1 Plants and Wildlife ...... 4 4.1.2 Wetlands/Waters ...... 5 4.1.3 Migratory Bird Treaty Act ...... 6 4.1.4 Federal Bald and Golden Eagle Protection Act ...... 6 4.2 State Regulatory Setting ...... 7 4.2.1 Plants and Wildlife ...... 7 4.2.2 Wetlands/Waters ...... 8 4.2.3 California Environmental Quality Act ...... 9 5.0 METHODS OF ANALYSIS FOR GENERAL BIOLOGICAL RESOURCES ...... 9 5.1 Soils Evaluation ...... 11 5.2 Plant Survey Methods ...... 11 5.2.1 Review of Literature and Data Sources ...... 11 5.2.2 Field Surveys ...... 12 5.3 Wildlife Survey Methods ...... 12 5.3.1 Review of Literature and Data Sources ...... 12 5.3.2 Field Surveys ...... 12 6.0 RESULTS FOR GENERAL BIOLOGICAL RESOURCES ...... 13 6.1 Soil Evaluation Results ...... 13 6.2 Plant Survey Results ...... 15 6.2.1 Floristic Inventory and Habitat Characterization ...... 15 6.2.2 Special-Status Plant Species ...... 15 6.3 Wildlife Survey Results ...... 21 6.3.1 General Wildlife Species and Habitats ...... 21 7.0 CONCLUSIONS ...... 33 7.1 Wetlands ...... 33 7.2 Special-status Plants...... 33 7.3 Special-status Wildlife ...... 34 8.0 RECOMMENDATIONS ...... 35 9.0 LITERATURE CITED ...... 38

ii Agenda Item 8 Attachment

LIST OF ATTACHMENTS

ATTACHMENT 1 FIGURES

Figure 1 Regional Map Figure 2 Vicinity Map Figure 3 USGS Topographic Map Figure 4 Aerial Map Figure 5 CNDDB Wildlife Occurrences within 5 miles Figure 6 CNDDB Plant Occurrences within 5 miles Figure 7 USFWS Critical Habitat Figure 8 Soils Map Figure 9 Photo Location Map Figure 10 Habitat Map

ATTACHMENT 2 TABLES

Table 1 Plant and Wildlife Species Observed Within/Adjacent to the Survey Area

Table 2 Special-Status Species Occurring Within/Adjacent to the Survey Area

ATTACHMENT 3 SITE PHOTOGRAPHS

This report should be cited as: Olberding Environmental, Inc. March 2018. Biological Resources Analysis Report for the Divide Reservoir Property, Contra Costa County, California. Prepared for Granite Rock Construction.

iii Agenda Item 8 Attachment

SUMMARY

On March 15, 2018, Olberding Environmental, Inc. conducted a field reconnaissance survey of the Divide Reservoir Property (Property) for the purpose of identifying sensitive plant and wildlife species, sensitive habitats, and biological constraints potentially occurring on the Property. The area surveyed is comprised of approximately 32.24 acres located on Marsh Creek Road in unincorporated Contra Costa County, California.

Results of the initial reconnaissance survey indicate that the Property contains wetlands/waters that may be considered jurisdictional by the U.S. Army Corps of Engineers (Corps), Regional Water Quality Control Board (RWQCB), and/or the California Department of Fish and Wildlife (CDFW). The Property contains a large stock pond, one drainage feature, and a small seasonal wetland. The large stock pond is immediately to the north of the reservoir tanks. The ephemeral drainage is found to the east of the stock pond and the small seasonal wetland is adjacent to the drainage and a water trough. If any project related activities are to occur within these features an Army Corps of Engineers jurisdictional delineation would be required.

A query of the California Natural Diversity Database (CNDDB) showed that eight special-status plant species have a moderate to high potential to occur on the Property. The following species were identified as having a potential to occur on the Property based on the presence of suitable habitat for this species and a CNDDB occurrence located within the vicinity of the Property: big tarplant (Bleoharizonia plumosa), Mt. Diablo fairy lantern (Calochortus pulchellus), chaparral harebell (Campanula exigua), Hospital Canyon larkspur (Delphinium californicum ssp. interius), Mt. Diablo buckwheat (Eriogonum truncatum), Brewer’s western flax (Herperolinon breweri), Mt. Diablo phacelia (Phacelia phacelioides), and oval-leaved viburnum (Viburnum ellipticum). Suitable habitats for this plant species occurs throughout the Property within the annual grassland, oak woodland and chaparral habitats. Olberding Environmental recommends that a rare plant survey be conducted prior to any construction activities to document presence or absence of these species and to determine the need for mitigation.

A total of eight bird species were identified to have a moderate to high potential to occur on the Property in a nesting or foraging capacity. The Cooper’s hawk (Accipiter cooperii), sharp- shinned hawk (Accipiter striatus), red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), and white-tailed kite (Elanus leucurus) all have a high potential to occur in a nesting and foraging capacity. The loggerhead shrike (Lanius ludocicianus) has a moderate potential to occur on the Property in a foraging and nesting capacity. The prairie falcon (Falco mexicanus) and northern harrier (Circus cyaneus) have a moderate potential to occur on the Property in a foraging capacity only. One of the eight birds listed above (red-tailed hawk) was present during the survey and was observed foraging and displaying mating behaviors within the 1 Agenda Item 8 Attachment

survey area. If project construction-related activities such as tree and vegetation removal or grading take place during the nesting season (February through August), preconstruction surveys for nesting passerine birds and raptors are recommended.

CNDDB listed 25 occurrences of California red-legged frog (Rana draytonii) (CRLF) within a 5- mile radius of the Property. The stock pond and ephemeral drainage offer suitable habitat for dispersal, and the pond is somewhat suitable breeding habitat. There were also a few small mammal burrows within the Property that could provide upland refuge. Additionally, two USFWS designated critical habitat units (CCS-2A & CCS-2B) are within a 5-mile radius of the Property. For these reasons, CRLF has a high potential to occur on the Property in a foraging and dispersal and/or breeding capacity.

CNDDB has listed 24 occurrences of California tiger salamander (Ambystoma californiense) (CTS) within five miles of the Property. The closest occurrence (Occurrence #487) is a known breeding pond located 0.33 miles north of the reservoir water tanks. It is very likely that CTS have inhabited or bred in the stock pond on the Property considering that a known breeding location is well within the 1.2 mile migration limit for adult CTS. The Property also offers somewhat suitable upland refuge habitat due to the small mammal burrows present onsite. For these reasons there is a high potential for CTS to occur on the Property in a breeding and foraging capacity and they are presumed present on the Property.

CNDDB listed 45 occurrences of Alameda whipsnake (Masticophis lateralis euryxanthus) within the 5-mile radius of the Property. Due to the sensitivity of these species, the exact locations of these occurrences are not provided. The annual grassland habitat is moderately suitable for Alameda whipsnake, considering the presence of a few rocky outcroppings, and there is a patch of chaparral within the western corner of the Property. Additionally, the Property is immediately adjacent to, or approximately 0.05 miles away from, USFWS designated critical habitat (Unit 4) for Alameda Whipsnake. For these reasons Alameda whipsnake has a high potential to occur on the Property.

The CNDDB listed three occurrences of western pond turtle within a 5-mile radius of the Property. The large pond and adjacent open grassland habitats are considered to be moderately suitable for western pond turtle. For these reasons, the western pond turtle has a moderate potential to occur on the Property.

The CNDDB listed occurrences of Townsend’s big-eared bat (Corynorhinus townsendii) and the pallid bat (Antrozous pallidus) within a 5-mile radius of the Property. The grassland habitat and water features onsite offer suitable foraging opportunities for these species and the oak woodland

2 Agenda Item 8 Attachment

and existing structures could provide roosting sites. For these reasons, the Townsend’s big-eared bat and pallid bat have potential to occur on the Property.

1.0 INTRODUCTION

Olberding Environmental, Inc. has conducted a biological resources analysis (biological constraints assessment) of the Divide Reservoir Property, located in unincorporated Contra Costa County, California. This biological resources analysis included a review of pertinent literature on relevant background information and habitat characteristics of the site. Our review included researching existing information in the California Natural Diversity Database (CNDDB 2018) maintained by the CDFW and the California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Vascular Plants of California. Also included was a review of information related to species of plants and animals that could potentially utilize the described habitats identified on and immediately surrounding the Property. To assist in the assessment, a field reconnaissance investigation of the Property was conducted on March 15, 2018. This report documents the methods, results, and conclusions for the reconnaissance-level survey associated with the biological resources analysis for the Property.

2.0 LOCATION

The Property is located on Marsh Creek Road approximately 1.5 miles outside of the town of Clayton, Contra Costa County, California. Attachment 1, Figure 1 depicts the regional location of the Property in Contra Costa County and illustrates the vicinity of the Property in relationship to the City of Clayton. Attachment 1, Figure 3 identifies the location of the Property on the USGS 7.5 Quadrangle Map for Clayton. An aerial photograph of the Property has been included as Attachment 1, Figure 4.

Access to the Property is provided from Interstate 680 North. From 680 North use the right lane to keep right at the fork to continue on to CA-242. Take exit 1 for Clayton Road and continue for 10.4 miles. Clayton Road will turn into Marsh Creek Road after about 7.8 miles. Continue on for 2.5 miles and the Property will be on the left side of Marsh Creek Road.

3.0 PROPERTY DESCRIPTION

The survey area encompasses 32.24 acres in a roughly triangular shape bounded on the all sides by open space but does not include the entire Property; only those areas that will be included as a part of the slide repair work scheduled and a suitable buffer that includes staging areas and access routes. Marsh Creek Road serves as the southern boundary of the Property. The area surveyed supports seven habitat types consisting of annual grassland, seasonal wetland, 3 Agenda Item 8 Attachment

ephemeral drainage, developed land, blue oak woodland, chaparral, and deciduous forest. Characteristic vegetation includes wild oat (Avena fatua), wall barley (Hordeum murinum), brome (Bromus spp.), filaree (Erodium spp.), blue oak (Quercus douglasii), valley oak (Quercus lobata), bay laurel (Umberllularia californica) and California buckeye (Aesculus californica). The Property has two existing structures on site, two large water tank reservoirs. A large stock pond is immediately to the north of the two water tanks. An ephemeral drainage occurs on the Property and flows through the oak woodland just north of the stock pond and then exits at the eastern boundary of the survey area. The drainage is immediately surrounded by a small seasonal wetland.

The topography of the Property consists of undulating hillsides that range between 882 feet above sea level within the southwest corner and 1031 feet above sea level along the eastern boundary.

4.0 REGULATORY SETTING

4.1 Federal Regulatory Setting

4.1.1 Plants and Wildlife

The federal Endangered Species Act (ESA) of 1973 (16 USC 1531 et seq., as amended) prohibits federal agencies from authorizing, permitting, or funding any action that would result in biological jeopardy to a plant or animal species listed as Threatened or Endangered under the Act. Listed species are taxa for which proposed and final rules have been published in the Federal Register (U.S. Fish and Wildlife Service [USFWS] 2014a). If a proposed project may jeopardize listed species, Section 7 of the ESA requires consideration of those species through formal consultations with the USFWS. Federal Proposed species (USFWS, 2014b) are species for which a proposed listing as Threatened or Endangered under ESA has been published in the Federal Register. If a proposed project may jeopardize proposed species, Section 7 of the ESA affords consideration of those species through informal conferences with USFWS. The USFWS defines federal Candidate species as “those taxa for which we have on file sufficient information on biological vulnerability and threats to support issuance of a proposed rule to list, but issuance of the proposed rule is precluded by other higher priority listing actions” (USFWS, 2014b). Federal Candidate species are not afforded formal protection, although USFWS encourages other federal agencies to give consideration to Candidate species in environmental planning.

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4.1.2 Wetlands/Waters

The federal government, acting through the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA), has jurisdiction over all “waters of the United States” as authorized by §404 of the Clean Water Act (CWA) and §10 of the Rivers and Harbors Act of 1899 (33 CFR Parts 320-330). Properties that cause the discharge of dredged or fill material into waters of the United States require permitting by the Corps. Actions affecting small areas of jurisdictional waters of the United States may qualify for a Nationwide Permit (NWP), provided conditions of the permit are met, such as avoiding impacts to threatened or endangered species or to important cultural sites. Properties that affect larger areas or which do not meet the conditions of an NWP require an Individual Permit. The process for obtaining an Individual Permit requires a detailed alternatives analysis and development of a comprehensive mitigation/monitoring plan. Waters of the United States are classified as wetlands, navigable waters, or other waters. Wetlands are transitional habitats between upland terrestrial areas and deeper aquatic habitats such as rivers and lakes. Under federal regulation, wetlands are defined as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions” (33 CFR Part 328.3[b]). Swamps, marshes, bogs, fens, and estuaries are all defined as wetlands, as are seasonally saturated or inundated areas such as vernal pools, alkali wetlands, seeps, and springs. In addition, portions of the riparian habitat along a river or stream may be a wetland where the riparian vegetation is at or below the ordinary high water mark and thus also meets the wetland hydrology and hydric soil criteria.

Navigable waters include all waters subject to the ebb and flow of the tides, including the open ocean, tidal bays, and tidal sloughs. Navigable waters also include some large, non-tidal rivers and lakes, which are important for transportation in commerce. The jurisdictional limit over navigable waters extends laterally to the entire water surface and bed of the waterbody landward to the limits of the mean high tide line. For non-tidal rivers or lakes, which have been designated (by the Corps) to be navigable waters, the limit of jurisdiction along the shoreline is defined by the ordinary high water mark. “Other waters” refer to waters of the United States other than wetlands or navigable waters. Other waters include streams and ponds, which are generally open water bodies and are not vegetated. Other waters can be perennial or intermittent water bodies and waterways. The Corps regulates other waters to the outward limit of the ordinary high water mark. Streams should exhibit a defined channel, bed and banks to be delineated as other waters.

The Corps does not generally consider “non-tidal drainage and irrigation ditches excavated on dry land” to be jurisdictional waters of the United States (and such ditches would therefore not be regulated by the Corps (33 CFR Parts 320-330, November 13, 1986). Other areas generally not considered jurisdictional waters include: 1) artificially irrigated areas that would revert to 5 Agenda Item 8 Attachment

upland habitat if the irrigation ceased; 2) artificial lakes and ponds created by excavating and/or diking of dry land to collect and retain water, used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing; 3) waste treatment ponds; 4) ponds formed by construction activities including borrow pits until abandoned; and 5) ponds created for aesthetic reasons such as reflecting or ornamental ponds (33 CFR Part 328.3). However, the preamble also states “the Corps reserves the right on a case-by-case basis to determine that a particular waterbody within these categories” can be regulated as jurisdictional water. The EPA also has authority to determine jurisdictional waters of the U.S. on a case-by-case basis. Riparian habitat that is above the ordinary high water mark and does not meet the three-parameter criteria for a wetland would not be regulated as jurisdictional waters of the United States.

4.1.3 Migratory Bird Treaty Act

Raptors are migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 CFR. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 CFR 21). Sections 3503, 3503.5, and 3800 of the California Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. Implementation of the take provisions requires that Property-related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (generally February 1 – September 1, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) or the loss of habitat upon which the birds depend, is considered “taking” and is potentially punishable by fines and/or imprisonment. Such taking would also violate federal law protecting migratory birds (e.g., MBTA).

4.1.4 Federal Bald and Golden Eagle Protection Act

In addition to protection under the MBTA, both the bald eagle and the golden eagle are also protected by the Bald and Golden Eagle Protection Act of 1940 (16 U.S.C. 668-668c). The Bald and Golden Eagle Protection Act, and amended several times since being enacted in 1940, prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald or golden eagles, including their parts, nests, or eggs (USFWS 2014). The Act provides criminal penalties for persons who “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof.” The Act defines “take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb” (USFWS 2014).

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For purposes of these guidelines, “disturb” means: “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior” (USFWS 2014).

In addition to immediate impacts, this definition also covers impacts that result from human- induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle’s return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death or nest abandonment (USFWS 2014).

4.2 State Regulatory Setting

4.2.1 Plants and Wildlife

Property permitting and approval requires compliance with California Environmental Quality Act (CEQA), the 1984 California Endangered Species Act (CESA), and the 1977 Native Plant Protection Act (NPPA). The CESA and NPPA authorize the California Fish and Game Commission to designate Endangered, Threatened and Rare species and to regulate the taking of these species (§§2050-2098, Fish & Game Code). The California Code of Regulations (Title 14, §670.5) lists animal species considered Endangered or Threatened by the State.

The Natural Heritage Division of the California Department of Fish and Wildlife (CDFW) administers the state rare species program. The CDFW maintains lists of designated Endangered, Threatened, and Rare plant and animal species (CDFW 2014b and 2014c). Listed species either were designated under the NPPA or designated by the Fish and Game Commission. In addition to recognizing three levels of endangerment, the CDFW can afford interim protection to candidate species while they are being reviewed by the Fish and Game Commission.

The CDFW also maintains a list of animal species of special concern (CDFW 2014b), most of which are species whose breeding populations in California may face extirpation. Although these species have no legal status, the CDFW recommends considering them during analysis of proposed property impacts to protect declining populations and avoid the need to list them as endangered in the future.

Under provisions of §15380(d) of the CEQA Guidelines, the CEQA lead agency and CDFW, in making a determination of significance, must treat non-listed plant and animal species as equivalent to listed species if such species satisfy the minimum biological criteria for listing. In 7 Agenda Item 8 Attachment

general, the CDFW considers plant species on List 1A (Plants Presumed Extinct in California), List 1B (Plants Rare, Threatened, or Endangered in California and elsewhere), or List 2 (Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere) of the California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Vascular Plants of California (Skinner and Pavlik 1994) as qualifying for legal protection under §15380(d). Species on CNPS Lists 3 or 4 may, but generally do not, qualify for protection under this provision.

Sensitive habitats include riparian corridors, wetlands, habitats for legally protected species and CDFW Species of Special Concern, areas of high biological diversity, areas providing important wildlife habitat, and unusual or regionally restricted habitat types. Habitat types considered sensitive include those listed on the California Natural Diversity Data Base’s (CNDDB) working list of “high priority” habitats (i.e., those habitats that are rare or endangered within the borders of California) (Holland 1986).

4.2.2 Wetlands/Waters

The Regional Water Quality Control Board (RWQCB) regulates activities in wetlands and other waters through §401 of the Clean Water Act. Section 401 requires a state water quality certification for properties subject to 404 regulations. Requirements of the certification include mitigation for loss of wetland habitat. In the San Francisco Bay region, the RWQCB may identify additional wetland mitigation beyond the mitigation required by the Corps. California Fish and Game Code §§1600-1607 require the CDFW be notified of any activity that could affect the bank or bed of any stream that has value to fish and wildlife. Upon notification, the CDFW has the discretion to execute a Streambed Alteration Agreement. The CDFW defines a stream as follows:

“... a body of water that flows at least periodically...through a bed or channel having banks and supporting fish and other aquatic life. This includes watercourses having a subsurface flow that supports or has supported riparian vegetation.”

(Source: Streambed Alteration Program, California Department of Fish and Wildlife, 2016).

In practice, CDFW authority is extended to any “blue line” stream shown on a USGS topographic map, as well as unmapped channels with a definable bank and bed. Wetlands, as defined by the Corps, need not be present for CDFW to exert authority

Agenda Item 8 Attachment

4.2.3 California Environmental Quality Act

According to Appendix G of the California Environmental Quality Act (CEQA 2016) Guidelines, a proposed project would have a significant impact on biological resources if it would:

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?

b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?

c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

5.0 METHODS OF ANALYSIS FOR GENERAL BIOLOGICAL RESOURCES

A special-status plant and wildlife species database search and review was conducted using the CNDDB and other sources. An additional search was conducted for special-status plants using CNPS Inventory on-line. Special-status species reports were accessed by searching the CNDDB database for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North USGS 7.5-minute quadrangles which surround the Property, and by examining those species that have been identified in the vicinity of the Property. These quadrangles will be henceforth noted as surrounding quads. The database report identified special-status species known to occur in the region or those that have the potential to 9 Agenda Item 8 Attachment

occur in the vicinity of the Property. The CNDDB report was used to focus special-status species analysis of the site prior to the reconnaissance surveys.

An Olberding Environmental biologist conducted a reconnaissance-level survey of the Property on March 15, 2018. The survey consisted of walking throughout the Property and evaluating the site and adjacent lands for potential biological resources. Existing conditions, observed plants and wildlife, adjacent land use, soils and potential biological resource constraints were recorded during the visit. Plant and wildlife species observed within and adjacent to the Property during the reconnaissance survey are listed in Attachment 2, Table 1.

The objectives of the field survey were to determine the potential presence or absence of special- status species habitat listed in the CNDDB database report and to identify any wetland areas that could be potentially regulated by the Corps, RWQCB, and/or CDFW (CNDDB 2018). In addition, the Olberding Environmental biologist looked for other potential sensitive species or habitats that may not have been obvious from background database reports or research. Surveys conducted after the growing season or conducted outside of the specific flowering period for a special-status plant cannot conclusively determine the presence or absence of such plant species; therefore, site conditions and habitat type were used to determine potential for occurrence. When suitable habitat was observed to support a special-status plant or animal species, it was noted in the discussion for that particular species. Regulatory agencies evaluate the possibility of occurrence based on habitats observed on-site and the degree of connectivity with other special- status animal habitats in the vicinity of the Property. These factors are discussed in each special- status plant or animal section. Potential for occurrence of each special-status or protected plant and animal species was evaluated using the following criteria.

• Present: The species has been recorded by CNDDB or other literature as occurring on the Property and/or was observed on the Property during the reconnaissance survey or protocol surveys.

• May Occur: The species has been recorded by CNDDB or other literature as occurring within five miles of the Property, and/or was observed within five miles of the Property, and/or suitable habitat for the species is present on the Property or its immediate vicinity.

• Not Likely to Occur: The species has historically occurred on or within five miles of the Property, but has no current records. The species occurs within five miles of the Property but only marginally suitable habitat conditions are present. The Property is likely to be used only as incidental foraging habitat or as an occasional migratory corridor.

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• Presumed Absent: The species will not occur on the Property due to the absence of suitable habitat conditions, and/or the lack of current occurrences. Alternatively, if directed or protocol-level surveys were done during the proper occurrence period and the species was not found, it is presumed absent.

Sources consulted for agency status information include USFWS (2018) for federally listed species and CDFW (2018) for State of California listed species. Based on information from the above sources, Olberding Environmental developed a target list of special-status plants and animals with the potential to occur within or in the vicinity of the Property (Attachment 2, Table 2).

5.1 Soils Evaluation

The soils present on a property may determine if habitat on the site is suitable for certain special- status plants and animals. The host plants of some special-status invertebrates may also require specific soil conditions. In the absence of suitable soil conditions, special-status plants or animals requiring those conditions would be presumed absent. Information regarding soil characteristics for the Property was obtained by viewing the Natural Resources Conservation Service (NRCS) Web Soil Survey report for the Property (NRCS 2018)

5.2 Plant Survey Methods

The purposes of the botanical surveys were (1) to characterize the habitat types (plant communities) of the study area; (2) to determine whether any suitable habitat for any special- status plant species occurs within the study area; and (3) to determine whether any sensitive habitat types (wetlands) occur within the study area. Site conditions and plant habitat surveys are important tools in determining the potential occurrence of plants not recorded during surveys (e.g., special-status plants) because presence cannot conclusively be determined if field surveys are conducted after the growing season or conducted outside a specific flowering period.

5.2.1 Review of Literature and Data Sources

The biologist conducted focused surveys of literature and special-status species databases in order to identify special-status plant species and sensitive habitat types with potential to occur in the study area. Sources reviewed included the CNDDB occurrence records (CNDDB 2018) and CNPS Inventory (Skinner and Pavlik 1994) for the surrounding quads; and standard flora (Hickman 1993). From the above sources, a list of special-status plant species with potential to occur in the Property vicinity was developed (Attachment 2, Table 2).

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5.2.2 Field Surveys

A biologist from Olberding Environmental conducted a reconnaissance-level survey to determine habitat types and the potential for special-status plants based on the observed habitat types. All vascular plant species that were identifiable at the time of the survey were recorded and identified using keys and descriptions in Hickman (1993).

The habitat types occurring on the Property were characterized according to pre-established categories. In classifying the habitat types on the site, the generalized plant community classification schemes of A Manual of California Vegetation (Sawyer, Keeler-Wolf, and Evens 2009) were consulted. The final classification and characterization of the habitat types of the study area were based on field observations.

5.3 Wildlife Survey Methods

The purposes of the wildlife survey were to identify special-status wildlife species and/or potential special-status wildlife habitats within the study area.

5.3.1 Review of Literature and Data Sources

A focused review of literature and data sources was conducted in order to determine which special-status wildlife species had potential to occur in the vicinity of the Property. Current agency status information was obtained from USFWS (2018) for species listed as Threatened or Endangered, as well as Proposed and Candidate species for listing, under the federal ESA; and from CDFW (2018b, 2018c) for species listed as Threatened or Endangered by the state of California under the CESA, or listed as “species of special concern” by CDFW. From the above sources, a list of special-status wildlife species with potential to occur in the Property vicinity was developed (Attachment 2, Table 2).

5.3.2 Field Surveys

General Wildlife Survey – An Olberding Environmental biologist conducted a survey of species habitat within the entire study area, including visible portions of the adjacent properties. The purpose of the habitat survey was to evaluate wildlife habitats and the potential for any protected species to occur on or adjacent to the Property.

Reconnaissance-Level Raptor Survey – A reconnaissance-level raptor survey was conducted on the Property. Observation points were established on the periphery of the site to view raptor activity over a fifteen- to thirty-minute time period. This survey was conducted with the use of

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binoculars and notes were taken for each species occurrence. Additionally, utility poles and perch sites in the vicinity of the Property were observed. All raptor activity within and adjacent to the Property was recorded during the reconnaissance-level observation period.

Reconnaissance-Level Burrowing Owl (Athene cunicularia) Survey – A reconnaissance-level burrowing owl (Athene cunicularia) survey was also conducted on the Property to identify potential burrow sites or burrowing owl use of on-site habitat. The general presence and density of suitable burrow sites (e.g., rodent burrows) was evaluated for the Property.

6.0 RESULTS FOR GENERAL BIOLOGICAL RESOURCES

The search and review of the CNDDB database reports revealed the occurrence of special-status plant and wildlife species that occur in the habitats found within the Property boundaries (CNDDB 2018). The CNDDB database and background data were reviewed for the surrounding quads (Attachment 2, Table 2). Those animals listed in Attachment 2, Table 2 were reviewed for their potential to occur on the Property based on general habitat types. Most of the plant and several of the animal species identified by the CNDDB require specific habitat microclimates that were not found to occur within the Property.

6.1 Soil Evaluation Results

The NRCS (2018) reports two soil types within the Property. A map of these soil types can be found in Attachment 1, Figure 8. The soil types mapped included the following:

• LhF: Los Osos clay loam, 30 to 50 percent slopes – The Los Osos series consists of moderately deep, well drained soils that formed in material weathered from sandstone, shale, and in some places from conglomerate. These soils are found between 100 to 3,500 feet.

Typically, Los Osos soils exhibit very high runoff and slow permeability. These soils are used mostly for range, limited areas are cropped to grain and sudan grass pasture. Vegetation is mostly annual grasses and forbs with some perennial grasses, coastal sagebrush, and live oak. Its stratified layers consist of the following (colors are for dry soil unless otherwise stated):

A--0 to 14 inches; brown loam, very dark grayish brown moist; slightly hard, friable; moderately acid (pH 6.0).

Btss1--14 to 24 inches; yellowish brown clay, dark yellowish brown moist; very hard, 13 Agenda Item 8 Attachment

very firm; sticky and plastic moderately acid (pH 6.0).

Btss2--24 to 32 inches; light yellowish brown clay loam, dark yellowish brown moist; very hard, very firm; slightly acid (pH 6.5).

C--32 to 39 inches; pale yellow sandy loam, light olive brown moist; hard, friable; neutral (pH 7.0).

Cr--39 to 43 inches; yellowish brown sandstone, brown moist.

• LeF: Los Gatos loam, 15 to 30 percent slopes – The Los Gatos loam series consists of well drained soils that exhibit moderately high runoff and moderate permeability. Los Gatos soils are fine and loamy and can be found on steep to very steep mountainous areas at elevations of 300 to 1,200 feet.

The soil is formed in residuum from sandstone, shale and metasedimentary rock. Most areas are used for watershed or wildlife protection. Some areas are used for range and a few of the lesser sloping areas have been planted to orchards and vineyards. Brush is the principal vegetation with some areas of hardwoods and grass. This series shows no frequency of flooding or ponding and is nonsaline. Its stratified layers consist of the following (colors are for dry soil unless otherwise stated):

A--0 to 6 inches; brown light clay loam, dark brown moist; hard, friable; slightly acidic (pH 6.5).

A2--6 to 15 inches; brown light clay loam, dark brown moist; hard, friable; slightly sticky and plastic; slightly acidic (pH 6.3).

BAt--15 to 25 inches; brown clay loam, dark brown moist; hard, friable; slightly acidic (pH 6.2).

Bt--25 to 36 inches; yellowish red gravelly clay loam, reddish brown moist; very hard, firm, sticky, plastic; moderately acidic (pH 5.9).

R--36 to 46 inches; very pale brown sandstone, reddish brown clay films on rock faces in fractures.

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6.2 Plant Survey Results

6.2.1 Floristic Inventory and Habitat Characterization

The Property supports seven habitat types consisting of annual grassland, seasonal wetland, ephemeral drainage, developed land, blue oak woodland, chaparral, and deciduous woodland. In classifying the habitat types on the Property, generalized plant community classification schemes were used (Sawyer, Keeler-Wolf, and Evens 2009). The final classification and characterization of the habitat type of the Property was based on field observations.

The habitat type and a description of the plant species present within the habitat type are provided below. Dominant plant species are also noted. A complete list of plant species observed on the Property can be found within Attachment 2, Table 1.

Non-native Annual Grassland

A majority of the survey area, 16.62 acres, is dominated by non-native annual grassland habitat. Dominant vegetation observed within this habitat type includes but is not limited to wild oat, ripgut brome (Bromus diandrus), soft chess (Bromus hordeaceus), yellow star thistle (Centaurea solstitialis) and filaree (Erodium spp.).

Developed Land

The Property contains two existing structures. The two water tank reservoirs on the Property are surrounded by blue oak and valley oak trees, and annual grassland. The access road leading to the water tanks is surrounded by oak woodland and annual grassland.

Drainage

The Property contains one ephemeral drainage feature. Dominant vegetation surrounding the drainage consisted primarily of wild oat, Italian thistle (Carduus pycnocephalus), curly dock (Rumex crispus) and oak trees.

Seasonal Wetland

There is one seasonal wetland found within the Property. The ephemeral drainage is directly north of the seasonal wetland, which is characterized by hydrophytic plants such as curly dock, slender rush (Juncus tenuis) and Italian rye grass.

A stock pond exists just north of the two water tanks. Dominant vegetation adjacent to the pond include but are not limited to filaree (Erodum spp.), dwarf popcorn flower (Plagiobothrys 15 Agenda Item 8 Attachment

humistratis), shepard’s purse (Capsella bursa-pastoris) and small-flowered fiddleneck (Amsinckia menziesii).

Blue Oak Woodland

Blue oaks and valley oaks are scattered throughout the Property, comprising approximately 9.55 acres within the survey area. Understory plant species include broadleaf filaree (Erodium botrys), redstem filaree (Erodium cicutarium), and geranium species (Geranium spp.).

Chaparral

There is a patch of chaparral in the western corner of the Property adjacent to the entrance gate from Marsh Creek Road. Dominant vegetation includes coyote brush (Baccharis pilularis), California sage brush (Artemisia californica) and California bay laurel.

Deciduous Forest

A broadleaf evergreen forest is located to the east of the two water tanks. Dominant vegetation includes blue oak, California buckeye, western buttercup (Ranuncula occidentalis), and lupines (Lupinus spp.)

Special-Status Plant Species

Special-status plant species include species listed as Rare, Threatened, or Endangered by the USFWS (2017a) or by the State of California (CDFW 2017c). Federal Proposed and Candidate species (USFWS, 2009b) are also special-status species. Special-status species also include species listed on List 1A, List 1B, or List 2 of the CNPS Inventory (Skinner and Pavlik, 1994; CNPS 2009). All species in the above categories fall under state regulatory authority under the provisions of CEQA, and may also fall under federal regulatory authority. Considered special- status species are species included on List 3 (Plants About Which We Need More Information—A Review List) or List 4 (Plants of Limited Distribution—A Watch List) of the CNPS Inventory. These species are considered to be of lower sensitivity and generally do not fall under specific state or federal regulatory authority. Specific mitigation considerations are not generally required for List 3 and List 4 species.

Attachment 2, Table 2 includes a list of special-status plants with the potential to occur within or in the immediate vicinity of the Property based on a review of the surrounding quads. The special-status plant species identified by the CNDDB as potentially occurring on the Property are known to grow only from specific habitat types. The specific habitats or “micro-climate” necessary for many of the plant species to occur are not found within the boundaries of the

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survey area. The habitats necessary for the CNDDB reported plant species consist of valley and foothill grassland, cismontane woodlands, chaparral, playas, chenopod scrub, adobe clay soils, alkaline soils, serpentine soils, sandy soils, gravelly soils, coastal prairie, coastal scrub, coastal dunes, coastal bluff scrub, coastal salt marsh, vernal pools, seeps, meadows and sinks, marshes or swamps, riparian woodlands, on slopes near drainages, closed cone coniferous forest, north coast coniferous forest, redwood forest, lower montane coniferous forest, and broad-leafed upland forest.

Occurrences of special-status plants within a five-mile radius of the point roughly representing the center of the Property are described in detail. Occurrence distance from the Property is estimated from this center point (Attachment 1, Figure 6).

Big Tarplant (Blepharizonia plumosa ssp. plumosa). CNPS List 1B.

Big tarplant is found in valley and foothill grassland habitats, especially in dry hills and plains in annual grasslands. This plant has been often sighted in burned areas. It occurs in Alameda, Contra Costa and Stanislaus Counties, but is considered extirpated in San Joaquin and Solano Counties. This very tall annual is a member of the sunflower family and exhibits white flowers approximately one inch wide that are born on glandular stems. The vegetative portion of the plant is gray-green. The blooming period for big tarplant is July to October. The annual grassland habitat that is thought to support this plant species consists of untilled annual grasslands such as found on grazing or rangelands.

The CNDDB listed 15 occurrences of big tarplant within a 5-mile radius of the Property. The closest occurrence (Occurrence #44) is dated 1994 and encompasses the survey area. The most recent occurrence (Occurrence #36) is located on Roddy Ranch, approximately 4.8 miles east of the Property, where 374 plants were seen in September 2013. The annual grassland present within the survey area is considered highly suitable for big tarplant. For these reasons, big tarplant has a high potential to occur on the Property. Big tarplant was not observed during the March 2018 survey because the timing of the survey was outside its blooming period.

Mount Diablo Fairy-Lantern (Calochortus pulchellus). CNPS List 1B.

Mount Diablo fairy-lantern is a spring blooming bulb that is in flower between April and June. This species exhibits light yellow globe-shaped flowers that turn down as if nodding. The plant grows to approximately one and a half feet tall and has between one to several flowers on the stem and long, narrow, pointed leaves. This bulb specifically grows on wooded slopes in chaparral and in valley and foothill grassland habitat.

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The CNDDB listed 25 occurrences of Mt. Diablo fairy-lantern within a 5-mile radius of the Property. The closest occurrence (Occurrence #9) is located approximately 0.6 miles south of the Property. Fifty-one plants were observed growing in blue oak woodland along Three Springs Trail in 1993. The most recent occurrence (Occurrence #13) is located on Mitchell Canyon Fire Trail in Mount Diablo State Park, approximately 2.5 miles southwest of the Property, where plants were seen in May 2017. The annual grassland, wooded slopes and chaparral present on the Property is considered highly suitable habitat for Mt. Diablo fairy-lantern. For these reasons, Mt. Diablo fairly-lantern has a high potential to occur on the Property. Mt. Diablo fairy-lantern was not observed during the March 2018 survey because the survey took place outside its blooming period.

Chaparral harebell (Campanula exigua). CNPS List 1B.

The chaparral hare bell is an annual herb in the bluebell family (Campanulaceae). This species is endemic to Mount Diablo and can be found growing in chaparral, primarily in rocky, serpentine soils. The leaves are sparse and very small, and the flowers are radially symmetric and somewhat tubular with five pale purple or white petals. The plant itself is stunted and short. Chaparral harebell blooms from May to June.

The CNDDB listed five occurrences of chaparral harebell within a 5-mile radius of the Property. The closest and most recent occurrence (Occurrence #26) from 2009 is located near the vicinity of Mount Diablo’s summit and north peak, approximately 1.7 miles southwest of the survey area. Around 100 plants were observed in 2009 but the exact location of this occurrence is unknown. The next closest occurrence (Occurrence #24) is located on the Upper Falls Trail in Mount Diablo State Park, approximately 2 miles southwest of the survey area. A small patch of flowers was observed in 1975. The chaparral habitat within the survey area is limited, but suitable for chaparral harebell. For these reasons, chaparral harebell has a moderate potential to occur on the Property. This species was not observed during the March 2018 survey because the survey took place outside its blooming period.

Hospital Canyon larkspur (Delphinium californicum ssp. interius). CNPS 1B.

The Hospital Canyon larkspur is a perennial herb in the buttercup family (Ranunculaceae). This species is endemic to California and grows in openings in chaparral, mesic cismontane woodlands and coastal scrub. The leaves are palmate and deeply lobed and up to 50 flowers grow on a large spur. The flowers are white or pale yellow with purple or magenta splotches. The plant can grow up to 2 meters tall and has a hairy stem. The blooming period is from April to June.

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The CNDDB listed six occurrences of Hospital Canyon larkspur within a 5-mile radius of the Property. The closest and most recent occurrence (Occurrence #19) is located in the Muir Picnic area on Summit Road in Mount Diablo State Park, approximately 2.5 miles west of the survey area. About 11 plants were seen in 2011, but historical sightings in this area date back to 1904. The chaparral and oak woodland habitats within the survey area are considered suitable for Hospital Canyon larkspur. For these reasons, Hospital Canyon larkspur has a high potential to occur on the Property. This species was not observed during the March 2018 survey because the survey took place outside its blooming period.

Mount Diablo Buckwheat (Eriogonum truncatum). CNPS List 1B.

Mount Diablo buckwheat is an annual herb of the family Polygonaceae. Leaves are oblong with a blade 10 to 70 millimeters in length. Flower clusters are white to rose-colored and approximately two millimeters in length that bloom from April through November. This species was formerly found in Contra Costa and Solano Counties, but is now considered extirpated in both of these areas. Appropriate habitat for Mount Diablo buckwheat includes chaparral, coastal scrub, and sandy soils in valley and foothill grasslands.

The CNDDB listed four occurrences of Mt. Diablo buckwheat within a 5-mile radius of the Property. The closest and most recent occurrence (Occurrence #9) is located in Black Diamond Mines Regional Preserve, approximately 4.15 miles northeast of the Property. A population of over 2 million plants was discovered at this site in 2016. The next closest occurrence (Occurrence #1) is located on Mt. Diablo, approximately 2.6 miles southwest of the Property. Historic sightings of Mt. Diablo buckwheat at this location date back to 1860, but most recently 90 plants were observed in 2006. The chaparral and annual grassland habitat within the survey area are somewhat suitable for Mt. Diablo buckwheat. For the reasons cited above, Mt. Diablo buckwheat has a moderate potential to occur on the Property. This species was not observed during the March 2018 survey as the survey took place outside its blooming period.

Brewer’s Western Flax (Hesperolinon breweri). CNPS List 1B.

Brewer’s western flax is an annual herb of the Linaceae family. Its yellow flowers bloom between May and July. It occurs in chaparral, cismontane woodland, and in valley and foothill grasslands with serpentine soil conditions. It occurs between 98 and 2,952 feet in elevation. Brewer’s western flax is found in Contra Costa, Napa, and Solano Counties. Current threats include development and the construction of Los Vaqueros Reservoir.

The CNDDB listed 10 occurrences of Brewer’s western flax within a 5-mile radius of the Property. The closest occurrence (Occurrence #33) is dated 2003 and encompasses the survey area. Plants were observed growing in chaparral along Chaparral Spring in what is now Mount 19 Agenda Item 8 Attachment

Diablo State Park. The most recent occurrence (Occurrence #34) is located on the northwest corner of Viera property, approximately 2.7 miles southwest of the Property, where 12 plants were observed in May 2012. The annual grassland, chaparral, and oak woodland present on the Property is considered highly suitable habitat for Brewer’s western flax. For these reasons, Brewer’s western flax has a high potential to occur on the Property. Brewer’s western flax was not observed during the March 2018 survey as the survey took place outside its blooming period.

Mount Diablo phacelia (Phacelia phacelioides). CNPS List 1B.

The Mount Diablo phacelia is an annual herb of the borage family (Boraginaceae). It is endemic to California and grows in rocky areas in chaparral or cismontane woodland. The plant is covered in soft, stiff hairs. The leaves are 8 to 10 centimeters long with rounded, oval blades. The inflorescence is hairy and a one-side coiling cyme of narrow, bell-shaped, white to lavender flowers that often have darker purple streaks. The blooming period is from April to May.

The CNDDB listed six occurrences of Mt. Diablo phacelia within a 5-mile radius of the Property. The closest occurrence (Occurrence #4) is located about 1.4 miles northeast of the summit of Mount Diablo, approximately 2 miles south of the Property. The most recent occurrence (Occurrence #1) is located along a trail near North Peak and Prospectors Gap in Mount Diablo State Park, approximately 2.4 miles southwest of the Property. Historic sightings of Mt. Diablo phacelia at this location date back to 1982 but most recently, a population was observed in April 2011. The blue oak woodland and chaparral habitats on the Property are considered suitable for Mt. Diablo phacelia. For these reasons, Mt. Diablo phacelia has a moderate potential to occur on the Property. This species was not observed during the March 2018 survey as it was outside its blooming period.

Oval-leaved virburnum (Viburnum ellipticum). CNPS List 2B.

The oval-leaved viburnum is a perennial deciduous shrub usually found growing in chaparral, cismontane woodland, and lower montane coniferous forest habitats. This plant has oval or rounded blades that are two to six centimeters long. The leaf blade usually has three main longitudinal veins and a shallowly toothed edge. The inflorescence is a flat-topped cyme of many white flowers each six to eight millimeters wide with five whiskery white stamens. The fruit is a drupe about a centimeter long. The blooming period for the oval-leaved viburnum is from May to June.

The CNDDB listed four occurrences of oval-leaved viburnum within a 5-mile radius of the survey area. The closest occurrence (Occurrence #27) is located near the Curry Creek Park on Morgan Territory Road, approximately 2.6 miles south of the survey area. This occurrence does not have specific date or location data. The most recent occurrence (Occurrence #29) is located 20 Agenda Item 8 Attachment

east of the Sulphur Spring in Sulphur Canyon, approximately 3.5 miles southwest of the survey area, where 11 plants were observed in May 2010. The chaparral and oak woodland present within the survey area are considered suitable habitat for oval-leaved viburnum. For these reasons, oval-leaved viburnum has a moderate potential to occur on the Property. This species was not observed during the March 2018 survey as it was outside its blooming period.

6.3 Wildlife Survey Results

6.3.1 General Wildlife Species and Habitats

A complete list of wildlife species observed within the survey area can be found in Attachment 2, Table 1. Wildlife species commonly occurring within habitat types present on the Property are discussed below:

Non-native Annual Grassland

The annual grassland habitat provides many foraging opportunities for a wide range of species. Passerine species observed during the survey include dark-eyed junco (Junco hyemalis), western scrub jay (Aphelocoma californica), oak titmouse (Baeolophus inornatus), lesser goldfinch (Spinus psaltria), and lark sparrow (Chondestes grammacus). Other avian species observed include American crow (Corvus bracyrynchos), acorn woodpecker (Melanerpes formicivorus), Nuttall’s woodpecker (Picoides nuttallii), turkey vulture (Cathartes aura), and Canada goose (Branta canadensis).

The red-tailed hawk was the only raptor species observed during the survey; however, the grassland habit could potentially be utilized for foraging by other species including white-tailed kite, red-shouldered hawk, prairie falcon, Cooper’s hawk, sharp-shinned hawk and northern harrier.

Mammal species such as coyote (Canis latrans), raccoon (Procyon lotor) and mule deer (Odocoileus hemionous) are likely to occur on the Property. Several burrow colonies created by small mammals including but not limited to Botta’s pocket gopher (Thomomys bottae) and various vole species (Microtus spp.) were also observed.

The cover from the grassland habitat, rock outcroppings, and the mammal burrows offers suitable habitat for various reptile species, western fence lizards (Sceloporus occidentalis) were observed throughout the Property. Other reptile species including Pacific gopher snake (Pituophis catenifer catenifer),California king snake (Lampropeltis californiae), and Alameda whipsnake (Masticophis lateralis euryxanthus) may also occur.

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Developed

The existing water tank structures are unlikely to provide suitable nesting habitat for raptor or passerine bird species. However, they could potentially be used as perches for several raptor species, such as red-tailed hawk. Additionally, with their high thermal mass, and potential crevice spaces, these tank structures could be utilized as roosting sites by bats.

Drainage

The ephemeral drainage offers suitable foraging and dispersal habitat for amphibian species including CRLF, Sierran tree frog (Pseudacris sierra) and western toad (Anaxyrus boreas). In the ephemeral drainage, during the wet months, similar species to seasonal wetlands are expected to occur, while during the dry months similar species to the grassland habitat are expected to occur.

Seasonal Wetland

The pond and wetland features offer suitable habitat for various wildlife species. Hooded merganser (Lophodytes cucullatus) were observed in the pond during the survey. During the wet months, the full pond can offer foraging habitat for other avian species including but not limited to killdeer (Charadrius vociferous), great blue heron (Ardea herodias), great egret (Ardea alba) and various duck species.

The pond, considering its proximity to the ephemeral drainage and upland refuge, could offer suitable breeding and foraging habitat for many amphibian species including California tiger salamander, California red-legged frog, and western toad. Additionally, Sierran tree frog were heard during the survey.

Blue Oak Woodland

The blue oak woodland throughout the Property can provide suitable nesting habitat for passerine and raptor avian species as well as provide roosting habitat for bats including potentially sensitive species like the Western red bat, pallid bat and Townsend’s big-eared bat. Acorn and Nuttall’s woodpecker, and western scrub jay were abundant in this habitat and several red-tailed hawks were observed within the oak trees.

Mammal species such as coyote, mule deer, and raccoon most likely utilize this habitat for foraging.

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Chaparral

The patch of chaparral within the southwestern corner of the Property, though small, could offer suitable habitat to a number of reptile species, including but not limited to the Alameda whipsnake, western fence lizard and California king snake.

Deciduous Forest

Similar to the oak woodland, the deciduous forest on the eastern portion of the Property could provide suitable nesting and foraging habitat for numerous passerine and raptor species. Species such as lesser goldfinch, oak titmouse, and northern mockingbird (Mimus polyglottos) were observed in this area during the survey.

Mammal species such as mule deer, various bat species, raccoon and squirrels are likely present in this habitat, though none were observed during the survey.

BIRDS

Red-shouldered Hawk (Buteo lineatus). State Protected.

The red-shouldered hawk is a medium-sized, slender Buteo with long legs and a long tail and is smaller than the red-tailed hawk. Upperparts are dark with pale spotting, and rusty-reddish feathers on the wing create the distinctive shoulder patch. The tail has several wide, dark bars; the intervening narrow stripes and the tip of the tail are white, and there is variation in the number of tail bars among adults and juveniles. The habitat that the red-shouldered hawk prefers varies from bottomland hardwoods and riparian areas to upland deciduous or mixed deciduous- conifer forest, and almost always includes some form of water, such as a swamp, marsh, river, or pond. In the west, the red-shouldered hawk sometimes occurs in coniferous forests, and has been expanding its range of occupied habitats to include various woodlands, including stands of eucalyptus trees amid urban sprawl. They typically place their nests in a broad-leaved tree (occasionally in a conifer), below the forest canopy but toward the tree top, usually in the crotch of the main trunk. Nest trees are often near a pond, stream, or swamp, and can be in suburban neighborhoods or parks. These hawks eat mostly small mammals, lizards, snakes, and amphibians. They also eat toads, and crayfish. They occasionally eat birds, sometimes from bird feeders; recorded prey includes sparrows, starlings, and doves.

CNDDB did not list the red-shouldered hawk as occurring within the vicinity of the Property. The large trees present within the deciduous forest and blue oak woodland offer suitable nesting habitat. In addition, foraging opportunities occur throughout the Property in the annual grassland

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habitat. Given the information above the red-shouldered hawk has high potential to occur on the Property in a nesting and foraging capacity.

Red-Tailed Hawk (Buteo jamaicensis). State Protected.

The red-tailed hawk is a large Buteo that is distinct due to the red color of its tail feathers in contrast to the brown color of its body. Not all red-tailed hawks exhibit the distinct coloration on their tail and gradations may occur especially in young birds. Red-tailed hawks hunt rodents by soaring over grassland habitat. Nest trees for red-tailed hawks are usually tall trees with a well- developed canopy that includes a strong branching structure on which to build a nest.

CNDDB did not list the red-tailed hawk as occurring within the vicinity of the Property. However, several red-tailed hawks were observed foraging and displaying breeding behaviors on the Property during the March 2018 survey. The large trees present within and around the Property offer suitable nesting habitat. Given the information above the red-tailed hawk has high potential to occur on the Property in a nesting capacity and is present in a foraging capacity.

White-tailed Kite (Elanus leucurus). Federal Species of Concern, CDFW: Fully Protected.

The white-tailed kite is falcon-shaped with a long white tail. This raptor has black patches on the shoulders that are highly visible while the bird is flying or perching. White-tailed kites forage in annual grasslands, farmlands, orchards, chaparral, and at the edges of marshes and meadows. They are found nesting in trees and shrubs such as willows (Salix sp.), California sycamore (Platanus racemosa), and coast live oak (Quercus agrifolia) often near marshes, lakes, rivers, or ponds. This raptor often hovers while inspecting the ground below for prey. The White-tailed Kite eats mainly small mammals, as well as some birds, lizards, and insects. Annual grasslands are considered good foraging habitat for white-tailed kites, which will forage in human-impacted areas.

CNDDB did not list the white-tailed kite as occurring within the vicinity of the Property. However, the large trees present within and surrounding the Property offer suitable nesting habitat. In addition, foraging opportunities occur throughout the Property in the grassland habitat. Given the information above the white-tailed kite has high potential to occur on the Property in a nesting and foraging capacity.

Cooper’s Hawk (Accipiter cooperii). State Protected.

Coppers’ hawk is a medium to large-size raptor, reaching an average of 28-34 in wingspan. They are distinctive for the black and white horizontal banding on the elongated tail, blue gray head,

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back and upper wings. Additional markings include rusty red horizontal barring on a white breast, a large square head, and long yellow legs and feet.

CNDDB did not list any occurrences of the Cooper’s hawk. The large trees present within the oak woodland and deciduous forest on the Property offer suitable nesting habitat. In addition, foraging opportunities occur throughout the Property. Given the information above, the Cooper’s hawk has high potential to occur on the Property in a nesting and foraging capacity.

Sharp-shinned Hawk (Accipiter striatus). State Protected.

The sharp-shinned hawk is a small raptor with short, rounded wings, and has an average wingspan of 17” to 23”. This hawk has a long tail that is squared-off at the tip with prominent corners. This raptor typically flies with several quick, snappy wing beats and a short glide, but also soars. Its small rounded head does not project far beyond the wings when soaring. The adult sharp-shinned hawk exhibits a red eye, black cap, and a blue-gray back and upper wings. The white breast, belly and under wing coverts are marked by fine, thin, reddish bars. Sharp-shinned hawks specialize in hunting avian prey with songbirds making up 90 percent of its diet. These hawks will occasionally eat small rodents, such as mice and voles, and even some insects. Throughout their range, sharp-shinned Hawks favor conifer trees (pine, spruce, or fir) as nesting sites, but may also use aspens and hardwood trees. The nest is always placed under dense forest cover, usually toward the top of a tall tree, but well under the canopy. Most nests are anchored between horizontal limbs and the tree trunk.

The CNDDB did not list any occurrence of the sharp-shinned hawk within the vicinity of the Property. The large trees present within the oak woodland and deciduous forest on the Property offer suitable nesting habitat. In addition, foraging opportunities occur throughout the Property. Given the information above, the sharp-shinned hawk has high potential to occur on the Property in a nesting and foraging capacity.

Loggerhead Shrike (Lanius ludovicianus). Federal Species of Special Concern, California Species of Special Concern.

The loggerhead shrike is a black and white perching bird with a black face mask that extends over the bill. A common resident and winter visitor in lowlands and foothills throughout California. It prefers open habitats with scattered shrubs, trees, posts, fences, utility lines, or other perches. It occurs only rarely in heavily urbanized areas, but is often found in open cropland. This species hunts large insects, small rodents and even small birds. Loggerhead shrikes are known for their habit of impaling their food on thorns or barb wire for future consumption. The range and habitat for the loggerhead shrike has steadily shrunk due to human development within grasslands; however, this species is often found on lands grazed by cattle 25 Agenda Item 8 Attachment

that are fenced with barb wire. These birds use shrubs, dense trees, and thickets of vegetation for nesting sites.

CNDDB did not list the loggerhead shrike as occurring within the vicinity of the Property. However, the trees and shrubs within and surrounding the survey area offer potentially suitable nesting habitat. In addition, foraging opportunities occur throughout the Property. Given the information above the loggerhead shrike has moderate potential to occur within the survey area in a foraging and nesting capacity.

Prairie Falcon (Falco mexicanus). California Species of Special Concern.

This raptor is known to inhabit dry open terrain either in level or hilly habitats. Prairie falcons nest on cliffs but will forage far afield. Similar in appearance to the female of the smaller merlin (Falco columbarius), it shows a darker facial stripe than the merlin. The wings and tail are pale brown and the underside is cream-colored and heavily spotted. Prey species are birds and small mammals.

The CNDDB listed five occurrence of prairie falcon within a 5-mile radius of the Property, however the CNDDB does not provide specific location data for each occurrence. The two most recent occurrences (Occurrence #471 and 468) are both from May 2008. The Property does not provide suitable nesting habitat for the prairie falcon, as there are no cliffs, but there are suitable foraging opportunities within the annual grassland habitat. Given the information above the prairie falcon has a moderate potential to occur on the Property in a foraging capacity only.

Northern Harrier (Circus cyaneus). California Species of Special Concern.

Northern harriers require open annual grassland habitats and prefer dense ground vegetation or grasses in which to build nests. They are distinguished from other similar species by their prominent white rump patch. Males are pale gray in color, while females are brown with dark streaking on the breast. These birds are ground nesters and utilize habitats ranging from annual grassland to seasonal wetland for this purpose. This species breeds once per season, with primary females breeding from April to July, and secondary females breeding from May through September. Northern harriers nest on the ground usually preferring dense vegetation clumps for cover such as willows, grasses, sedges, reeds, bulrushes, and cattails. An average of four eggs per clutch will take 28 to 36 days to hatch with the young fledging 30 to 35 days after hatching.

The CNDDB did not list any occurrences of northern harrier within the vicinity of the Property. The Property does not provide suitable habitat to support nesting northern harriers because the vegetation present does not offer sufficient cover for nesting sites. However, there are abundant

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foraging opportunities within the annual grassland habitat. For these reasons, the northern harrier may occur on the Property in a foraging capacity only.

Burrowing Owl (Athene cunicularia). Federal Species of Special Concern, California Species of Special Concern.

The U.S. Fish and Wildlife Service has identified the burrowing owl is as a “candidate” species. Candidate species are animals and plants that may warrant official listing as threatened or endangered, but there is no conclusive data to give them this protection at the present time. As a candidate species, burrowing owls receive no legal protection under the Endangered Species Act (ESA). However, this species does receive some legal protection from the U.S. through the Migratory Bird Treaty Act, which forbids the destruction of the birds and active nests. In California, the burrowing owl considered a “species of special concern.”

Burrowing owls are ground dwelling members of the owl family and are small brown to tan colored birds with bold spots and barring. Burrowing owls generally require open annual grassland habitats in which to nest, but can be found on abandoned lots, roads, airports, and other urban areas. Burrowing owls generally use abandoned California ground squirrel holes for their nesting burrow, but are also known to use pipes or other debris for nesting purposes. Burrowing owls prefer annual grassland habitats with low vegetative cover. The breeding season for burrowing owls occurs from March through August. Burrowing owls often nest in loose colonies about 100 yards apart. They lay three to twelve eggs from mid-May to early June. The female incubates the clutch for about 28 days, while the male provides her with food. The young owls begin appearing at the burrow’s entrance two weeks after hatching and leave the nest to hunt for insects on their own after about 45 days. The chicks can fly well at six weeks old.

CNDDB did not list any occurrences of burrowing owl within five miles of the Property. The Property has somewhat suitable grassland habitat for burrowing owl, however no ground squirrel burrows were observed on site. The burrows present on site were made by small mammals including pocket gophers and voles, which are inadequate for burrowing owls. For these reasons the burrowing owl has a low potential to occur on the Property in nesting and foraging capacity and is not likely to occur.

MAMMALS

Special-status Bats

Bats (Order - Chiroptera) are the only mammals capable of “true” flight. They are nocturnal feeders and locate their prey, which consists of small to medium sized insects by echolocation. Bats consume vast amounts of insects making them very effective pest control agents. They may 27

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eat as much as their weight in insects per day. Maternity roosts comprised of only females, may be found in buildings or mine shafts with temperatures up to 40 degrees Celsius and a high percentage of humidity to ensure rapid growth in the young. Female bats give birth to only one or two young annually and roost in small or large numbers. Males may live singly or in small groups, but scientists are still unsure of the whereabouts of most males in summer.

Special-status bats with the potential to occur on the Property are listed below:

• Townsend’s big-eared bat (Corynorhinus townsendii) • Pallid bat (Antrozous pallidus) • Western red bat (Lasiurus blossevillii) CNDDB listed the pallid bat (Occurrence #140) and Townsend’s big-eared bat (Occurrence #423 and 424) as occurring within the 5-mile radius of the Property. The large valley oak and blue oak trees could potentially offer roosting sites for these bat species. Additionally, the water tank structures could offer roosting sites if there are crevices or overhangs. The grassland habitat and water features on the Property provide an array of insects, allowing for abundant foraging opportunities. Given the above information, multiple species of bats have a moderate potential to occur on the Property in a roosting and foraging capacity.

San Joaquin Pocket Mouse (Perognathus inornatus inornatus). Federal Species of Special Concern.

The San Joaquin pocket mouse is a small sand-colored mouse with soft coats, sparse darker back hairs, and yellowish undersides. They do not have spiny hairs that are often found on other pocket mice species. A line separates the lighter hairs on its stomach from the darker hairs on its back. San Joaquin pocket mice have short ears that sometimes have a base patch of lighter hair. Their hind feet have hair on the soles and their long tails are covered with hair with a small hair tuft on the tip. They have external fur-lined cheek patches that are used for storing and transporting food. Adults are 5.0 to 6.3 inches (13 to 16 centimeters) long and weigh between 0.22 and 0.39 ounces (7 and 12 grams).

Indigenous to west-central California and found mainly in grasslands under blue oak savanna, these small rodents can also be found in deserts and scrublands, especially in areas with fine soils in which to burrow. Their diet consists mainly of tiny seeds of grasses, forbs, and shrubs, but they will also consume earthworms and soft-bodied insects like cutworms and grasshoppers. They rarely drink water, getting almost all moisture through their food. To groom their fur, San Joaquin pocket mice sandbathe, digging into the loose sandy soil and then sliding and rubbing their bodies in the sand. Their breeding season is from March to July. They help to maintain a healthy environment where it lives by scattering the seeds that it eats. 28 Agenda Item 8 Attachment

The CNDDB showed three occurrences of San Joaquin pocket mouse within a 5-mile radius of the Property. All three occurrences in the area of the Black Diamond Mines Regional Preserve, approximately 4.2 miles north of the Property in the early 1990s. The blue oak woodland and annual grassland within the Property provides suitable habitat for San Joaquin pocket mouse, however the soil types found on the Property are not sandy and are most likely too firm to be suitable for San Joaquin pocket mouse. For these reasons, San Joaquin pocket mouse is not likely to occur on the Property.

San Joaquin Kit Fox (Vulpes macrotis mutica). Federally Endangered, State Threatened.

The San Joaquin kit fox (SJKF) has a slim body with large, conspicuous ears, and a long, bushy, black tipped tail. It is the smallest canid species in North America. The SJKF lives in annual grassland habitats where friable soils are present in which they may excavate den sites. The general habitat requirement for the kit fox is annual grasslands or grassy open habitat stages with scattered shrubby vegetation. Food requirements for the SJKF are rodents, insects, and even garbage in urbanized areas. Grassland habitats with a large rodent prey base and loose textured soils are thought to provide the best habitat for the SJKF.

The CNDDB listed five occurrences of SJKF within a 5-mile radius of the Property. Most of the occurrences are near the Black Diamond Mines Regional Preserve, approximately 4.5 miles north of the Property, but one occurrence (Occurrence #574) is located 3.25 miles southeast of the Property on Marsh Creek Road and Gill Drive where SJKF was sighted in 1989. While there is somewhat suitable grassland habitat within the Property, only a few mammal burrows were observed during the survey and they are most likely to small to be suitable denning sites for SJKF. Additionally, the soil texture is not friable and therefore too firm for SJKF. For these reasons, SJKF is not likely to occur on the Property.

AMPHIBIANS

California Red-Legged Frog (Rana draytonii). Federally Threatened, California Species of Special Concern.

California red-legged frog (CRLF) was listed as a Federal threatened species on May 31, 1996 (61 FR 25813) and is considered threatened throughout its range. If a proposed Property may jeopardize listed species, Section 7 of the ESA requires consideration of those species through formal consultations with the USFWS. Federal Proposed species (USFWS 2006c) are species for which a proposed listing as Threatened or Endangered under the ESA has been published in the Federal Register. If a proposed Property may jeopardize proposed species, Section 7 of the ESA affords consideration of those species through informal conferences with USFWS. On April 13,

29 Agenda Item 8 Attachment

2006, USFWS designated critical habitat for the CRLF under the ESA. In total, approximately 450,288 acres fell within the boundaries of critical habitat designation. A new ruling by the USFWS on March 17, 2010, revised the designation of critical habitat for CRLF (75 FR 12815 12959). In total, approximately 1,636,609 acres of critical habitat in 27 California counties fall within the boundaries of the final revised critical habitat designation. This rule became effective on April 16, 2010.

The CRLF is a rather large frog, measuring one and a half to five inches in length. They are reddish-brown to gray in color, with many poorly defined dark specks and blotches. Dorsolateral folds are present. The underside of the CRLF is washed with red on the lower abdomen and hind legs. The CRLF has a dark mask bordered by a light stripe on the jaw, smooth eardrums, and not fully webbed toes. The male has enlarged forearms and swollen thumbs. Its vocals consist of a series of weak throaty notes, rather harsh, and lasting two to three seconds. Breeding occurs from December to March with egg masses laid in permanent bodies of water.

The CRLF is found in lowlands, foothill woodland and grasslands, near marshes, lakes, ponds or other water sources. These amphibians require dense shrubby or emergent vegetation closely associated with deep still or slow-moving water. Generally, these frogs favor intermittent streams with water at least two and a half feet deep and where the shoreline has relatively intact emergent or shoreline vegetation. CRLF is known from streams with relatively low gradients and those waters where introduced fish and bullfrogs are absent. CRLF are known to take refuge upland in small mammal burrows during periods of high water flow. CRLF occurs west of the Sierra Nevada-Cascade and in the Coast Ranges along the entire length of the state. Historically, they occurred throughout the Central Valley and Sierra Nevada foothills south to northern Baja California. Now they are found from Sonoma and Butte Counties south to Riverside County, but mainly in Monterey, San Luis Obispo, and Santa Barbara Counties.

CNDDB listed 25 occurrences of the CRLF occurring within five miles of the Property. The closest occurrence (Occurrence #371) is located on Marsh Creek Road 0.3 miles southeast of its intersection with Morgan Territory Road, approximately 0.8 miles southeast of the Property. CRLF were detected several times between 1990 and 2013. The next closest occurrence (Occurrence #470) is also located on Marsh Creek Road approximately 0.95 miles southeast of the Property. The seasonal pond and ephemeral drainage offer suitable habitat to support foraging and dispersal. The perennial pond offers adequate water during the wet months that could support breeding. There were also a few small mammal burrows within the Property that could provide suitable upland refuge. Additionally, the Property is also within 5 miles from two USFWS designated critical habitat units for CRLF (Unit CCS-2A and CCS-2B) (Attachment 1, Figure 7). For these reasons CRLF has a high potential to occur on site in a dispersal, foraging and/or breeding capacity. 30 Agenda Item 8 Attachment

California Tiger Salamander (Ambystoma californiense). Federally Threatened, State Threatened.

Adult California tiger salamanders (CTS) inhabit rolling grassland and oak savannah. Adults spend most of the year in subterranean retreats such as rodent burrows, but may be found on the surface during dispersal to and from breeding sites. The preferred breeding sites are vernal pools and other temporary ponds. However, CTS may use permanent manmade ponds as breeding habitat. CTS adults begin migrating to ponds after the first heavy rains of fall and can be found in or around the breeding ponds during and after winter rainstorm events. In extremely dry years, CTS may not reproduce.

After mating, females lay several small clusters of eggs, which contain from one to over 100 eggs. The eggs are deposited on both emergent and submerged vegetation, as well as submerged detritus. A minimum of ten weeks is required to complete larval development through metamorphosis, at which time the larvae will normally weigh about ten grams. Larvae remaining in pools for a longer time period can grow to much larger sizes. Upon metamorphosis, juvenile CTS migrate in large masses at night from the drying breeding sites to refuge sites. Prior to this migration, the juveniles spend anywhere from a few hours to a few days near the pond margin. Adult CTS are largely opportunistic feeders, preying upon arthropod and annelid species that occur in burrow systems, as well as aquatic invertebrates found within seasonal pools. The larvae feed on aquatic invertebrates and insects, showing a distinct preference for larvae of the Pacific tree frog.

On August 4, 2004, the U.S. Fish and Wildlife Service (USFWS) announced the listing of the CTS as threatened throughout its range with the exception of the Sonoma and Santa Barbara County populations which are listed as endangered (USFWS 2006). On March 3, 2010, the California Fish and Game Commission designated CTS as threatened under the California Endangered Species Act. On August 23, 2005, the Service designated 199,109 acres of critical habitat in 19 counties for the central California population of the CTS. On August 2, 2005, they proposed 74,223 acres of critical habitat for CTS in Sonoma County, California. This habitat is located in the Santa Rosa Plain in central Sonoma and includes lands bordered on the west by Laguna de Santa Rosa, to the south by Skillman Road, northwest of Petaluma, to the east by foothills, and to the north by Windsor Creek. On December 14, 2005, in a final decision, USFWS designated and excluded 17,418 acres of critical habitat for CTS, so that no critical habitat is being designated for the Sonoma County population.

CNDDB has listed 24 occurrences of CTS within five miles of the Property. The closest occurrence (Occurrence #487) is located approximately 0.33 miles north of the Property where a known CTS breeding pond is located. The most recent occurrence (Occurrence #1237) was in 31 Agenda Item 8 Attachment

2016 where ten larval CTS were recorded in a stock pond near the confluence of Marsh Creek and Sycamore Creek. The Property offers suitable breeding and upland refuge habitat within the pond and the small mammal burrows. Considering the proximity of a known breeding location, there is a high potential for CTS to occur in a breeding and foraging capacity and they are presumed present on the Property.

REPTILES

Alameda Whipsnake (Masticophis lateralis euryxanthus). Federally Threatened, State Threatened.

The Alameda whipsnake is one of two subspecies of the California whipsnake. It is distinguished from the chaparral whipsnake (M. l. lateralis) by the broad orange striping on its sides. Adults reach approximately three to five feet in length and show a sooty black to dark brown back, cream colored undersides and pinkish tail. This species is typically found in chaparral, northern coastal sage scrub, and coastal sage habitats; however, annual grasslands, oak woodlands, and oak savannah serve as habitat during the breeding season. Egg-laying occurs near scrub habitat on ungrazed grasslands with scattered shrub cover. The known distribution for Alameda whipsnake includes Sobrante Ridge, Oakland Hills, Mount Diablo, the Black Hills, and Wauhab Ridge.

Male and female snakes are active from April to November finding mates. During the breeding season from late March through mid-June, male snakes exhibit more movement throughout their home range, while female snakes remain sedentary from March until egg laying. Females lay a clutch of 6 to 11 eggs, usually in loose soil or under logs or rocks.

CNDDB listed 45 occurrences of the Alameda whipsnake within the vicinity of the Property. The exact locations of these collections were not recorded in the CNDDB due to the sensitivity of this species. Refer to Attachment 1 Figure 5 to see approximate range of listed occurrences. The Property is immediately adjacent to USFWS designated critical habitat for Alameda whipsnake (Unit: 4) (See Attachment 1 Figure 7). The grassland and chaparral habitat within the Property is considered suitable for Alameda whipsnake. Additionally, there are a few rock outcrops present which the Alameda whipsnake characteristically prefers. For these reasons Alameda whipsnake has a high potential to occur on the Property.

Western Pond Turtle (Emys marmorata). California Species of Special Concern.

The western pond turtle is a thoroughly aquatic turtle that may be found in marshes, ponds, streams and irrigation ditches where aquatic vegetation is present. The turtles, which range from nine to ten inches in size, require basking sites and suitable upland habitat for egg laying. 32 Agenda Item 8 Attachment

Suitable breeding upland habitats may consist of sandy banks or grassy open fields. The western pond turtle has a dark brown to olive-colored carapace with hexagonal scales that lack prominent markings.

Nesting and incubation occur from April to September, with a peak time for mating and egg laying occurring from March to May. After a 73 to 80-day gestation or incubation period, 5 to 13 eggs will be laid from July to October. Eggs are produced either once or twice a year. Females may travel some distance from water for egg-laying, moving as much as 0.8 kilometers (a half mile) away from and up to 90 meters (300 feet) above the nearest source of water. Most nests are with 90 meters (300 feet) of water. The female usually leaves the water in the evening and may wander far before selecting a nest site, often in an open area of sand or hardpan that is facing southwards. The nest is flask-shaped with an opening of about five centimeters (two inches). Females spend considerable time covering up the nest with soil and adjacent low vegetation, making it difficult for a person to find unless it has been disturbed by a predator.

Activity slows from November to February. During the winter when water and air temperatures cool, usually from September to March, the turtles begin to hibernate. During hibernation, turtles either bury themselves in the mud at the bottom of ponds or will bury themselves on land in duff (top layer of decomposing vegetation and soil). Some turtles travel more than a half mile to over- winter on land, though many select the nearest wooded or shrubby area they can bury in. Turtles then emerge from hibernation in the spring to start the yearly cycle again.

CNDDB listed 3 occurrences (Occurrence #124, 109, and 278) of the western pond turtle within the vicinity of the Property. The closest occurrence (Occurrence #1287) was located approximately 2.3 miles south of the Property. Two adults were observed in Wright Pond just west of Morgan Territory Road during July 2003. The pond and the close proximity of open grasslands offers moderately suitable habitat for the western pond turtle. Therefore, the western pond turtle has a moderate potential to occur on the Property.

7.0 CONCLUSIONS

7.1 Wetlands

Results of the biological resource analysis survey conducted by Olberding Environmental indicate that the Property contains wetlands/waters that may be considered jurisdictional by the Army Corps of Engineers, RWQCB or CDFW. The Property has one ephemeral drainage, a seasonal wetland and a pond. These areas showed positive indicators of wetland soils, hydrology,

33 Agenda Item 8 Attachment

and vegetation. If any project related activities are to occur within these features, an Army Corps of Engineers jurisdictional delineation would be required.

7.2 Special-status Plants

Eight special-status plant species were determined to have a moderate to high potential to occur on the Property. The following species may occur within the survey area: big tarplant (Bleoharizonia plumosa), Mt. Diablo fairy lantern (Calochortus pulchellus), chaparral harebell (Campanula exigua), Hospital Canyon larkspur (Delphinium californicum ssp. interius), Mt. Diablo buckwheat (Eriogonum truncatum), Brewer’s western flax (Herperolinon breweri), Mt. Diablo phacelia (Phacelia phacelioides), and oval-leaved viburnum (Viburnum ellipticum). These plants potential to occur on the Property was based on the presence of suitable habitats, soil types, and nearby and recent CNDDB occurrences. Suitable habitat for these species occurs within the grassland, chaparral and blue oak woodland habitats.

7.3 Special-status Wildlife

Foraging or Nesting Raptor/Passerine Species – A total of eight bird species were identified as having potential to occur on the Property. Five species including red-shouldered hawk, red-tailed hawk, white-tailed kite, sharp-shinned hawk, and Cooper’s hawk had a high potential to occur in a foraging and nesting capacity. The prairie falcon and northern harrier have a moderate potential to occur on the Property in a foraging capacity only. Loggerhead shrike had a moderate potential to occur in a foraging and nesting capacity. Red-tailed hawks were observed foraging on the Property during the time of the survey. Burrowing owl is not likely to occur on the Property.

Special-Status Mammals – Given the presence of suitable onsite habitat; the Western red bat, pallid bat and Townsend’s big-eared bat have a moderate potential to occur on the Property in a foraging and roosting capacity. No immediate signs were present during the initial survey but the oak woodland and deciduous forest could provide roosting habitat. SJKF and San Joaquin pocket mouse are not likely to occur on the Property, primarily due to unsuitable soil types and historical CNDDB occurrences.

Special-Status Amphibians – Two amphibian species, CRLF and CTS, have been identified as having a high potential to occur on the Property. Multiple CNDDB occurrences and USFWS designated critical habitat for CRLF are recorded in the vicinity of the Property. The Property contains suitable habitat in the seasonal wetlands, drainages and the pond. For these reasons CRLF has a high potential to occur in foraging and dispersal capacity. CTS has a high potential to occur in a breeding, foraging and dispersal capacity and is presumed present on the Property.

34 Agenda Item 8 Attachment

Special-Status Reptiles – The Alameda whipsnake was identified by the CNDDB as occurring within the immediate vicinity of the survey area. An assessment of the survey area concluded that the site provides habitat to support Alameda whipsnake. Alameda whipsnake has a high potential to occur within the survey area. Western pond turtle has a moderate potential to occur on the Property.

8.0 RECOMMENDATIONS

• Corps and State Regulated Wetlands/Waters – Jurisdictional wetlands and waters potentially regulated under the authority of the Corps, RWQCB, and CDFW are present on the Property. Fill of these regulated features may require authorization under Sections 404 and 401 of the Clean Water Act (CWA) and authorization under Section 1600 of the Fish and Wildlife Code. A Corps wetland delineation should be prepared to document the actual extent of jurisdictional features if any construction activity could result in impacts to wetlands/waters. If the wetlands/waters are deemed jurisdictional and construction activities are proposed that could impact these features, permits must be obtained prior to construction. Setbacks from the wetlands/water features may be required to protect habitat quality and to protect water quality. Permitting to allow impacts to wetlands/waters features may also require mitigation.

• Rare Plant Survey – A rare plant survey of the Property in accordance with CDFW and CNPS guidelines should be required prior to construction. The survey should be scheduled to coincide with the identified blooming or identification periods for those species having potential to occur (May or June). Any rare, threatened, or endangered plant species, including but not limited to those listed in Attachment 2, Table 2, should be identified and mapped. If any of these species are found, consultation with the USFWS and/or CDFW may be required regarding appropriate mitigation.

• Pre-Construction Avian Survey – If project construction-related activities would take place during the nesting season (February through August), preconstruction surveys for nesting passerine birds and raptors (birds of prey) within the Property and the large trees within the adjacent riparian area should be conducted by a competent biologist 30 days prior to the commencement of the tree removal or site grading activities. If any bird listed under the Migratory Bird Treaty Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone should be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds, and a minimum of 200 feet for raptors. The distance shall be determined by a competent biologist based on the site conditions (topography, if the nest is in a line of sight of the construction and the sensitivity of the 35 Agenda Item 8 Attachment

birds nesting). The nest site(s) shall be monitored by a competent biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically by August), the project can proceed without further regard to the nest site(s).

• Pre-construction Bat Survey – To avoid “take” of special–status bats, the following mitigation measures shall be implemented prior to the removal of any existing trees or structures on the project site:

a) A bat habitat assessment shall be conducted by a qualified bat biologist during seasonal periods of bat activity (mid–February through mid–October – ca. Feb. 15 – Apr. 15, and Aug. 15 – October 30), to determine suitability of each existing structure as bat roost habitat.

b) Structures found to have no suitable openings can be considered clear for project activities as long as they are maintained so that new openings do not occur.

c) Structures found to provide suitable roosting habitat, but without evidence of use by bats, may be sealed until project activities occur, as recommended by the bat biologist. Structures with openings and exhibiting evidence of use by bats shall be scheduled for humane bat exclusion and eviction, conducted during appropriate seasons, and under supervision of a qualified bat biologist.

d) Bat exclusion and eviction shall only occur between February 15 and April 15, and from August 15 through October 30, in order to avoid take of non–volant (non–flying or inactive, either young, or seasonally torpid) individuals.

A qualified wildlife biologist experienced in surveying for and identifying bat species should survey the portion of the Property with large trees and abandoned structures. If tree removal is proposed to determine if any special–status bats reside in the trees. Any special–status bats identified should be removed without harm. Bat houses sufficient to shelter the number of bats removed should be erected in open space areas that would not be disturbed by project development.

• Pre-construction Amphibian Surveys – Directed pre-construction surveys for CTS and CRLF are recommended prior to construction activities. Suitable breeding habitat for CTS exists within the pond within the survey area. The Property may also serve as a 36 Agenda Item 8 Attachment

dispersal area for both CTS and CRLF. A qualified biologist shall survey the project site for CRLF and CTS preceding the commencement of construction activities to verify absence/presence of the species. Surveys should be performed using USFWS protocol.

• Pre-construction Reptile Survey – There is a high potential for Alameda whipsnake to occur on the Property and a moderate potential for western pond turtle to occur on the Property. Therefore, a pre-construction survey should be performed with the last survey to take place no more than 48 hours prior to ground disturbance or vegetation removal. Surveys would be required to determine presence/absence of these species. Surveys for western pond turtle could coincide with special status amphibian surveys as they will all take place in and around the pond on site.

• Erosion Control – Grading and excavation activities could expose soil to increased rates of erosion during construction periods. During construction, runoff from the Property could adversely affect aquatic life within the adjacent water features. Surface water runoff could remove particles of fill or excavated soil from the site, or could erode soil down-gradient, if the flow were not controlled. Deposition of eroded material in adjacent water features could increase turbidity, thereby endangering aquatic life, and reducing wildlife habitat. Implementation of appropriate mitigation measures would ensure that impacts to aquatic organisms would be avoided or minimized. Mitigation measures may include best management practices (BMP’s) such as hay bales, silt fencing, placement of straw mulch and hydro seeding of exposed soils after construction as identified in the Storm Water Pollution Prevention Plan (SWPPP).

37 Agenda Item 8 Attachment

9.0 LITERATURE CITED

California Department of Fish and Wildlife (CDFW) Natural Diversity Data Base, computer listings and map locations of historic and current recorded occurrences of special-status species and natural communities of special concern for USGS 7.5 minute quadrangle map: Clayton, March 15, 2018.

______. 2018a. California Wildlife Habitat Relationships. http://www.dfg.ca.gov/biogeodata/cwhr/wildlife_habitats.asp

______. 2018b. Special animals. http://www.dfg.ca.gov/biogeodata/cnddb/pdfs/TEAnimals.pdf

______. 2018c. State and federally listed Endangered, Threatened, and Rare plants of California. http://www.dfg.ca.gov/biogeodata/cnddb/pdfs/TEPlants.pdf

California Native Plant Society (CNPS). 2018. Inventory of Rare and Endangered Plants (online edition, v6-04d1). California Native Plant Society. Sacramento, CA. Accessed on August 12th, 2017 from http://www.cnps.org/inventory

CEQA. 2018. The California Environmental Quality Act. Appendix G, Environmental Checklist Form. Accessed March 15, 2018. Available online at http://ceres.ca.gov/ceqa/guidelines/Appendix_G.html.

Ehrlich, P.R., D.S. Dobkin, and D. Wheye. 1988. The Birder’s Handbook: a field guide to the natural history of North American birds. Simon & Schuster, Inc., New York. 785 pp.

Hickman, J. C. (ed.). 1993. The Jepson manual: higher plants of California. University of California Press, Berkeley, CA. 1400 pp.

Holland (1986) Preliminary Description of the Natural Communities of California. CDFW.

Mayer, K. E. and Laudenslayer W.F. 1988. A Guide to Wildlife Habitats of California. California.

Natural Resources Conservation Service (NRCS). 2018. United States Department of Agriculture. Web Soil Survey. Accessed October 12th, 2017. Available on-line at http://websoilsurvey.nrcs.usda.gov

Pierce, Robert J. 1995. Wetland Delineation Lecture Notes. Wetland Training Institute, Inc., Poolesville, MD. WTI 95-2. 200pp. 38 Agenda Item 8 Attachment

Sawyer, J.O., T. Keeler-Wolf, and J. Evens. 2009. A manual of California vegetation. 2nd Ed. California Native Plant Society, Sacramento, CA.

Skinner, M. W. and B. M. Pavlik (eds.). 1994. Inventory of rare and endangered vascular plants of California. California Native Plant Society Special Publication No. 1 (5th edition). California Native Plant Society, Sacramento, CA. 338 pp.

Sibley, D.A. 2000. The Sibley Guide to Birds. Alfred Knopf, New York.

Sibley, C.G., and B.L. Munroe, Jr. 1990. Distribution and taxonomy of birds of the world. Yale University Press, New Haven and London. 1111 pp.

United States Fish and Wildlife Service (USFWS). 2018a. Endangered and threatened plant and animal species. Accessed on March 15, 2018. http://ecos.fws.gov/tess_public/pub/stateListingAndOccurrenceIndividual.jsp?state=CA& s8fid=112761032792&s8fid=112762573902

______. 2018b. Endangered and threatened wildlife and plants; review of plant and animal taxa that are Candidates or Proposed for listing as Endangered or Threatened; annual notice of findings on recycled petitions; annual description of progress on listing actions; proposed rule. Federal Register 64(205): 57534-57547.

______. 2010c. Bald Eagle Management Guidelines and Conservation Measures. The Bald and Golden Eagle Protection Act. Accessed on October 2017. Available on-line at http://www.fws.gov/northeast/ecologicalservices/pdf/NationalBaldEagleManagementGui delines.pdf.

39 Agenda Item 8 Attachment

ATTACHMENTS Agenda Item 8 Attachment

ATTACHMENT 1 FIGURES

Figure 1 Regional Map Figure 2 Vicinity Map Figure 3 USGS Quadrangle Map Figure 4 Aerial Photograph Figure 5 CNDDB Map of Special Status Wildlife Figure 6 CNDDB Map of Special Status Plants Figure 7 USFWS Designated Critical Habitat Figure 8 Soils Map Figure 9 Photo Location Map Figure 10 Habitat Map Agenda Item 8 Attachment

Figure 1 Regional Map Agenda Item 8 Attachment

0 2.5 5 10 Miles ^_Property Location I 1 inch = 4 miles 1:250,000 Figure 1: Regional Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 2 Vicinity Map Agenda Item 8 Attachment

0 750 1,500 3,000 Feet I 1 inch = 1,500 feet 1:18,000 Survey Boundary Figure 2: Vicinity Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 3 USGS Quadrangle Map Agenda Item 8 Attachment

Clayton USGS 7.5' Quadrangle 37°54'45.67"N, 121°52'57.75"W T01N, R01E, S20 0 750 1,500 3,000 Feet I 1 inch = 1,500 feet 1:18,000 Survey Boundary Figure 3: USGS Topographic Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 4 Aerial Photograph Agenda Item 8 Attachment

Marsh Creek Rd

0 175 350 700 Feet I 1 inch = 350 feet 1:4,200 Survey Boundary Figure 4: Aerial Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 5 CNDDB Map of Special Status Wildlife Agenda Item 8 Attachment

^_ Property Location San Joaquin Pocket Mouse San Joaquin kit fox 5-mile Buffer Swainson's hawk Alameda whipsnake Townsend's big-eared bat American peregrine falcon coast horned lizard Berkeley kangaroo rat foothill yellow-legged frog Bridges' coast range shoulderband northern California legless lizard California red-legged frog pallid bat 0 1 2 4 California tiger salamander Miles prairie falcon San Bruno elfin butterfly tricolored blackbird I 1 inch = 2 miles 1:100,000 San Francisco dusky-footed woodrat western pond turtle Figure 5: CNDDB Wildlife Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 6 CNDDB Map of Special Status Plants Agenda Item 8 Attachment

^_ Property Location Toren's grimmia big tarplant 5-mile Buffer caper-fruited tropidocarpum Brewer's western flax chaparral harebell Contra Costa manzanita chaparral ragwort Diablo helianthella coastal triquetrella Hall's bush-mallow large-flowered fiddleneck Hospital Canyon larkspur most beautiful jewelflower Jepson's coyote-thistle oval-leaved viburnum Mt. Diablo bird's-beak rock sanicle Mt. Diablo buckwheat shining navarretia 0 1 2 4 Mt. Diablo fairy-lantern showy golden madia Miles Mt. Diablo jewelflower slender silver moss Mt. Diablo manzanita woodland woollythreads I 1 inch = 2 miles 1:100,000 Mt. Diablo phacelia Figure 6: CNDDB Plants Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 7 USFWS Designated Critical Habitat Agenda Item 8 Attachment

Unit: 4

Unit: CCS-2A

Unit: CCS-2B

^_Property Location 0 1 2 4 5-mile Buffer Miles Alameda whipsnake I 1 inch = 2 miles 1:100,000 California red-legged frog Figure 7: USFWS Designated Critical Habitat Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 8 Soils Map Agenda Item 8 Attachment

LeF

LhF Marsh Creek Rd

Survey Boundary

0 175 350 700 SSURGO Soil Type Feet LeF:Los Gatos loam, 30 to 50 percent slopes I 1 inch = 350 feet 1:4,200 LhF: Los Osos clay loam, 30 to 50 percent slopes Figure 8: Soils Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 9 Photo Location Map Agenda Item 8 Attachment

° !

4 !

° ° ! 11

! 5 ° °10 2 !

Marsh Creek Rd ! !°° 3 °! 1

8 9 ! °

° !

6 ! °!° 7

Survey Boundary 0 175 350 700 Feet !° Photo Points I 1 inch = 350 feet 1:4,200 Figure 9: Photo Points Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

Figure 10 Habitat Map Agenda Item 8 Attachment

Marsh Creek Rd

Survey Boundary Habitat Type Chaparral Deciduous forest Blue Oak woodland Developed Non-native grassland

0 175 350 700 Pond Feet Seasonal wetland I 1 inch = 350 feet 1:4,200 Ephemeral Drainage Figure 10: Habitat Map Divide Reservoir Property 193 Blue Ravine Road, Ste. 160 Folsom, California 95630 Contra Costa County, California Phone: (916) 985-1188 Agenda Item 8 Attachment

ATTACHMENT 2

TABLES Agenda Item 8 Attachment

Table 1

Plant and Wildlife Species Observed

Within/Adjacent to the Survey Area Agenda Item 8 Attachment

Table 1

Wildlife Species Observed Within/Adjacent to the Survey Area

Scientific Name Common Name

Plant Species Observed Acmispon wrangelianus California lotus Aesculus californica California buckeye Amsinckia menziesii Small-flowered fiddleneck Anagallis arvensis Scarlet pimpernel Artemisia californica California sagebrush Avena fatua Wild oat Baccharis pilularis Coyote brush Bellardia trixago Mediterranean linseed Brassica nigra Black mustard Bromus diandrus Ripgut brome Bromus hordeaceus Soft chess Capsella bursa-pastoris Shepard’s purse Carduus pycnocephalus Italian thistle Centaurea solstitialis Yellow star thistle Chlorogalum pomeridianum Soap plant Cirsium vulgare Bull thistle Claytonia perfoliate Miner’s lettuce Erodium botrys Broadleaf filaree Erodium cicutarium Redstem filaree Festuca perennis Italian rye grass Foeniculum vulgare Wild sweet fennel Geranium dissectum Cut-leaf geranium Hordeum murinum Hare barley Juncus tenuis Slender rush Lupinus latifolius Broadleaf lupine Lupinus pachylobus Mt. Diablo lupine Lythrum hyssopifolia Hyssop loosestrife Malva neglecta Cheeseweed Matricaria discoidea Pineapple weed Medicago polymorpha Bur clover Phalaris aquatica Harding grass Plagiobothrys humistratus Dwarf popcorn flower Quercus douglasii Blue oak Agenda Item 8 Attachment

Table 1

Wildlife Species Observed Within/Adjacent to the Survey Area

Scientific Name Common Name

Quercus lobata Valley oak Ranunculus occidentalis Western buttercup Rumex crispus Curly dock Sanicula bipinnata Poison sanicle Sanicula crassicaulis Pacific sanicle Silybum marianum Milk thistle Sonchus sp. Sow thistle Trifolium hirtum Rose clover Umbellularia californica California bay Vicia sativa Common vetch Viscum album Mistletoe Animal Species Observed Birds Aphelocoma californica Western scrub jay Baeolophus inornatus Oak titmouse Branta canadensis Canada goose Buteo jamaicensis Red-tailed hawk Cathartes aura Turkey vulture Chondestes grammacus Lark sparrow Columba livia Rock pigeon Junco hyemalis Dark-eyed junco Lophodytes cucullatus Hooded merganser Melanerpes formicivorus Acorn woodpecker Mimus polyglottos Northern mockingbird Picoides nuttallii Nuttall’s woodpecker Psaltriparus minimus Bushtit Sialia mexicana Western bluebird Spinus psaltria Lesser goldfinch Amphibians Pseudacris sierra Sierran tree frog Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2 PLANTS

Low Large-Flowered Fiddleneck Cismontane woodland, valley and foothill grassland, Not likely to E/E/1B April – May Suitable habitat (Amsinckia grandiflora) annual grassland in various soils. occur present Damp rock and soil on outcrops, usually on roadcuts. Low Slender Silver Moss -/-/4.2 N/A Broadleaf upland forest, lower montane coniferous forest, No suitable habitat Presumed absent (Anomobryum julaceum) north coast coniferous forest. present High Presumed absent Mt. Diablo Manzanita Chaparral and cismontane woodland with sandstone -/-/1B January – March Suitable habitat Surveyed during (Arctostaphylos auriculata) substrate. present blooming period Contra Costa Manzanita High Presumed absent Chaparral and cismontane woodland with sandstone (Arctostaphylos manzanita ssp. -/-/1B January – March Suitable habitat Surveyed during substrate. laevigata) present blooming period Chenopod scrub, meadows and sinks, playas, valley and Low Crownscale -/-/4.2 March – October foothill grasslands, and alkaline vernal pools with clay No suitable habitat Presumed absent (Atriplex coronata var. coronata) substrate. present High Big tarplant -/-/1 July - October Valley grassland, foothill woodland, chaparral. Suitable habitat May occur (Blepharizonia plumosa) present Chaparral, cismontane woodland, riparian woodland, and High Mount Diablo Fairy-Lantern -/-/1B April – June valley and foothill grassland; on wooded and brushy Suitable habitat May occur (Calochortus pulchellus) slopes. present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

Broadleaf upland forest, chaparral, cismontane woodland, Low Oakland Star-Tulip Not likely to -/-/4.2 March – May lower montane coniferous forest, valley and foothill Suitable habitat (Calochortus umbellatus) occur grassland. Often serpentine. present Moderate Chaparral Harebell -/-/1B May – June Chaparral, in rocky, usually serpentine soils. Suitable habitat May occur (Campanula exigua) present Congdon’s Tarplant Low Valley and foothill grasslands in alkaline soils. Prefers (Centromadia parryi ssp. -/-/1B June – November Suitable habitat Presumed absent disturbed areas. congdonii) present. Survey d i bl i Soft Salty Bird’s Beak Low E/R/1B July – November Coastal salt marsh, wetland-riparian. Presumed absent (Chloropyron molle ssp. molle) No habitat present

Bolander’s Water-Hemlock Low -/-/2B July – September Coastal, salt marsh and wetland riparian. Presumed absent (Cicuta maculata var. bolanderi) No habitat present

Hospital Canyon Larkspur High Openings in chaparral, mesic cismontane woodland, (Delphinium californicum ssp. -/-/1B April – June Suitable habitat May occur coastal scrub. interius) present Moderate Mount Diablo Buckwheat Chaparral, coastal scrub, and valley and foothill grasslands -/-/1B April – November Suitable habitat May occur (Eriogonum truncatum) in sandy soils. present Bay Buckwheat Low Cismontane woodland, lower montane coniferous forest. (Eriogonum umbellatum var. -/-/4.2 July – September No suitable habitat Presumed absent Rocky areas, often serpentine. bahiiforme) present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

Low Jepson’s Woolly Sunflower Chaparral, foothill woodland, northern coastal scrub, Not likely to -/-/4.3 April – June Suitable habitat (Eriophyllum jepsonii) coastal sage scrub. Serpentine soils. occur present Low Jepson’s Coyote-Thistle -/-/1B April − August Clay soils. Valley and foothill grasslands. Vernal pools. No suitable habitat Presumed absent (Eryngium jepsonii) present Chenopod scrub, meadows and seeps, playas, valley and Low San Joaquin Spearscale -/-/1B April – October foothill grassland in seasonal alkali wetlands or alkali sink No suitable habitat Presumed absent (Etriplex joaquinana) scrub with Distichlis spicata, Frankenia, etc. present Cismontane woodland, chaparral, valley and foothill Low Stinkbells Not likely to -/-/4.2 February – April grassland. Sometimes on serpentine soil. Mostly found on Suitable habitat (Fritillaria agrestis) occur non-native grassland or in grassy openings in clay soil. present Low Fragrant Fritillary Cismontane woodland, coastal prairie, coastal scrub, and -/-/1B February – April No suitable habitat Presumed absent (Fritillaria liliacea) valley and foothill grasslands, often in serpentine soils. present Low Phlox-leaf Serpentine Bedstraw Chaparral, foothill woodland, yellow pine forest. Affinity -/-/4.2 April – July No suitable habitat Presumed absent (Galium andrewsii ssp. gatense) to serpentine soil. present Broadleafed upland forest, chaparral, cismontane High Presumed absent Diablo Helianthella woodland, coastal scrub, riparian woodland, valley and -/-/1B March – June Suitable habitat Surveyed during (Helianthella castanea) foothill grassland. Usually in chaparral/oak woodland present blooming period interface in rocky, azonal soils, often in partial shade. High Brewer’s Western Flax Chaparral, cismontane woodland, valley and foothill -/-/1B May – July Suitable habitat May occur (Hesperolinon breweri) grassland. Often in rocky serpentine soils. present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

Valley and foothill grassland, cismontane woodland, and Low Contra Costa Goldfields E/-/1B March – June vernal pools, swales, and low depressions in open grassy No suitable habitat Presumed absent (Lasthenia conjugens) areas. present Low Delta Tule Pea Freshwater wetlands, wetland-riparian, freshwater marsh, -/-/1B May – July No suitable habitat Presumed absent (Lathyrus jepsonii var. jepsonii) brackish marsh/ present Low Mason’s Lilaeopsis Freshwater wetland, wetland-riparian, freshwater marsh or -/R/1B April – November No suitable habitat Presumed absent (Lilaeopsis masonii) brackish marsh. present Low Delta Mudwort Marshes and swamps (freshwater or brackish), riparian -/-/2B May – August No suitable habitat Presumed absent (Limosella australis) scrub. Usually found on mud banks. present Low Hall’s Bush-Mallow -/-/1B May – September Chaparral, coastal scrub. No suitable habitat Presumed absent (Malacothamnus hallii) present Moderate Presumed absent Woodland Woollythreads Openings in broadleaf evergreen forests, chaparral, -/-/1B March – July Suitable habitat Surveyed during (Monolopia gracilens) cismontane woodland. Serpentine soils. present blooming period Antioch Dunes Evening Primrose Low (Oenothera deltoides ssp. E/E/1B March – September Inland dunes. No suitable habitat Presumed absent howellii) present Moderate Mount Diablo Phacelia Chaparral, cismontane woodland; adjacent to trails, on rock -/-/1B April – May Suitable habitat May occur (Phacelia phacelioides) outcrops and talus slopes; sometimes on serpentine. present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

Moderate Presumed absent Mount Diablo Jewel-Flower Valley and foothill grassland, chaparral; talus or rocky -/-/1B March – June Suitable habitat Surveyed during (Streptanthus hispidus) outcrops. present blooming period

Slender-Leaved Pondweed Low Assorted freshwater marshes and swamps. Shallow, clear (Stuckenia filiformis subsp. -/-/2B May – July No suitable habitat Presumed absent water of lakes and drainage channels. alpina) present Low Suisun Marsh Aster -/-/1B March – November Freshwater and brackish marsh. No suitable habitat Presumed absent (Symphyotrichum lentum) present Moderate Oval-Leaved Viburnum Chaparral, cismontane woodland, lower montane -/-/2B May – June Suitable habitat May occur (Viburnum ellipticum) coniferous forest. present BIRDS

High Cooper’s Hawk Oak woodlands, coniferous forests, riparian corridors. -/CP/- February – August Suitable habitat May occur (Accipiter cooperii) Often hunts on edges between habitats. present

Oak woodlands, coniferous forests, riparian corridors. Often hunts on edges between habitats. (Nesting) High Sharp-Shinned Hawk Ponderosa pine, black oak, riparian deciduous, mixed -/CP/- February – August Suitable habitat May occur (Accipiter striatus) conifer, and Jeffrey pine habitats. Prefers riparian areas. present North-facing slopes with plucking perches are critical requirements. Nests usually within 275 feet of water. Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

Nesting within seasonal wetland marshes, blackberry Low Tricolored Blackbird Not likely to SOC/-/SSC February – August brambles or other protected substrates. Forages in annual Suitable habitat (Agelaius tricolor) occur grassland and wetland habitats. present

Nests in cliff-walled canyons and tall trees in open areas. Low Golden Eagle (Nesting and wintering) Rolling foothills mountain areas, Suitable foraging Not likely to FP/CP/- February – August (Aquila chrysaetos) sage-juniper flats, and desert. habitat present occur

Freshwater, brackish and marine wetlands. Form breeding Low Great Egret February – August colonies on lakes, ponds, marshes, estuaries or islands. Not likely to -/-/- Suitable foraging (Ardea alba) ROOKERIES Forage in marshes, swamps, streams rivers, ponds, tidal occur flats, canals and flooded fam fields. habitat present Saltwater and freshwater habitats from open coasts, Low Great Blue Heron February – August marshes, sloughs, riverbanks, and lakes to small ponds. Not likely to -/-/- Suitable foraging (Ardea herodias) ROOKERIES Also forage in grasslands and agricultural fields. occur habitat present

Low Burrowing Owl Dry open annual or perennial grassland, desert and Not likely to SOC/-/SC February – August Suitable habitat (Athene cunicularia) scrubland. Uses abandoned mammal burrows for nesting. occur present

High Red-tailed Hawk Various grassland habitats, urban land, oak woodlands -/CP/- February – August Suitable habitat Present (Buteo jamaicensis) with grassland for foraging. present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

Forages in variety of semi-developed habitats including High Red-shouldered Hawk -/CP/- February – August orchards. Forages in woodlands and riparian areas. Nests Suitable habitat May occur (Buteo lineatus) in riparian habitat but also eucalyptus groves. present

Open country such as semiarid grasslands with few trees, Low Ferruginous Hawk Not likely to -/CP/- Late Fall – Winter rocky outcrops, and open valleys. Also, along streams or in Suitable foraging (Buteo regalis) occur agricultural areas during migration. habitat present

Nests in riparian areas and in oak savannah near foraging Low Swainson’s Hawk Not likely to -/T/- February – October areas. Forages in alfalfa and grain fields with rodent Suitable habitat (Buteo swainsoni) occur populations. present

Nests in grasslands and marshlands, ground nesting bird. (Nesting) Coastal salt and freshwater marsh. Nest and Moderate Northern Harrier forage in grasslands, from salt grass in desert sink to May occur -/-/SSC February – August Foraging capacity (Circus cyaneus) mountain cienagas. Nests on ground in shrubby only vegetation, usually at marsh edge; nest built of a large mound of sticks in wet areas.

Found along the coast but breed in inland wetlands. Nest Low Snowy Egret February - August on thick vegetation in barrier islands, saltmarsh islands, Not likely to -/-/- Suitable foraging (Egretta thula) ROOKERIES swamps or marshes. occur habitat present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

High White-tailed Kite Various grassland habitats, urban land, oak woodlands SOC/CP/FP February – August Suitable habitat May occur (Elanus leucurus) with grassland for foraging. present

Short-grass prairie, bald hills, mountain meadows, open Low California Horned Lark coastal plains, fallow grain fields, and alkali flats. Prefer Not likely to -/-/SSC February – August Suitable habitat (Eremophila alpestris actia) open terrain where they construct nests on the ground, occur present often in sparsely vegetated areas.

Nests on cliffs in dry open terrain either in level or hilly Moderate Prairie Falcon May occur -/CP/- February – August habitats. Forages in scrub, grassland, desert or agricultural Foraging capacity (Falco mexicanus) fields. only

Fresh and saltwater marshes of the San Francisco Bay area. Low Saltmarsh Common Yellowthroat SOC/-/SSC February – August Forages in thick, continuous vegetation down to water No suitable habitat Presumed Absent (Geothlypis trichas sinuosa) surface. Nests in tall grasses, tule patches, and willows. present

Moderate Loggerhead Shrike Open grassland habitats, grazed grasslands. Uses shrubs SOC/-/SSC February – August Suitable habitat May occur (Lanius ludovicianus) for nesting. present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

California Black Rail Inhabits shallow salt and freshwater marshes. Nests in Low Not likely to (Laterallus jamaicensis -/T/FP February – July upland areas of salt marshes, shallow freshwater marshes, Suitable habitat occur coturniculus) wet meadows and flooded grassy vegetation. present

Low Suisun Song Sparrow Inhabits tidal salt marshes, needs vegetation for nesting -/-/SC February – August No suitable habitat Presumed absent (Melospiza melodia maxillaris) sites. present Inhabit areas near bodies of water such as saltmarshes, Low Osprey rivers, ponds, reservoirs and estuaries. Large nests are -/-/WL February - August No suitable habitat Presumed absent (Pandion halietus) places on open poles, channel markers, or dead trees and present are often over water.

Low Double-Crested Cormorant Seek large bodies of water. Inhabit coasts, inland lakes, -/-/WL February – August No suitable habitat Presumed absent (Phalacrocorax auratus) freshwater marshes and saltmarshes. present

MAMMALS Forages in grasslands, shrublands, deserts, forests, and woodlands. Most common in open, dry habitats. Roosts Moderate Pallid Bat -/SC/- N/A in rock crevices, caves, tree hollows, and buildings. Suitable habitat May occur (Antrozous pallidus) Roosts must protect bats from high temperatures; very present sensitive to disturbance of roosting sites. Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

Throughout California in a wide variety of habitats; roosts Moderate Townsend’s Big-Eared Bat in the open, hanging from walls and ceilings. Needs sites -/SSC/- Resident Suitable habitat May occur (Corynorhinus townsendii) free from human disturbance. Most common in mesic present sites. Winter in western lowlands and coastal regions of the San Moderate Western Red Bat Francisco Bay. Roost in forests and woodlands. Feed in -/-/SC Resident Suitable habitat May occur (Lasiurus blossevilli) grasslands, shrublands, open woodlands and forests and present croplands.

Forest habitats of moderate canopy and moderate to dense San Francisco Low understory, may prefer chaparral and redwood habitats. Not likely to Dusky-Footed Woodrat -/SC/- Resident Suitable habitat Nests constructed of grass, leaves, sticks, feathers, etc. occur (Neotoma fuscipes annectens) present Population may be limited by availability of nest materials.

Low San Joaquin Pocket Mouse Inhabits grassland, semi-desert or desert environments Not likely to -/-/- Resident Suitable habitat (Perognathus inornatus) with loose, sandy soils. occur present Low Salt Marsh Harvest Mouse Salt marshes with dense stands of pickleweed and other E/E/FP Resident No suitable habitat Presumed absent (Reithrodontomys raviventris) dense wetland vegetation such as cattails or bullrush. present Shrub, forest, and herbaceous habitats with friable soils to Low American Badger Not likely to -/-/SSC Resident dig burrows. Need open, uncultivated ground. Prey on Suitable habitat (Taxidea taxus) occur fossorial mammals. present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2 Low San Joaquin Kit Fox Annual grasslands or grassy stages with scattered shrubby Not likely to E/T/- Resident Suitable habitat (Vulpes macrotis mutica) vegetation. Needs loose soils for burrowing. occur present AMPHIBIAN Aquatic Surveys - Once each in March, April, and May with at least 10 days between surveys. High California Tiger Salamander Vernal pools, swales and depressions for breeding, needs T/T/- Upland Surveys - 20 nights Suitable habitat Presumed present (Ambystoma californiense) underground refugia. of surveying under proper present conditions beginning October 15 and ending March 15. Lowlands and foothills in or near permanent deep water High May occur in California Red-Legged Frog May 1 – with dense, shrubby or emergent riparian habitat. Requires Suitable foraging, T/-/SC non-breeding (Rana draytonii) November 1 11-20 weeks of permanent water for breeding and larval dispersal habitat capacity development. Must have access to aestivation habitat. present Partially-shaded, shallow streams and riffles with a rocky Low Foothill Yellow-Legged Frog Not likely to SOC/-/SC Year-round resident substrate in a variety of habitats. Need cobble for egg- Suitable habitat (Rana boylii) occur laying. present REPTILE

Moderate Western Pond Turtle Aquatic turtle needs permanent water in ponds, streams, -/-/SC March – October Suitable habitat May occur (Emys marmorata) irrigation ditches. Nests on sandy banks or grassy fields. present Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2

Valley-foothill hardwood habitat of the coast ranges Alameda Whipsnake High between Monterey and north San Francisco Bay areas. (Masticophis lateralis T/T/- Year-round resident Suitable habitat May occur Inhabits south-facing slopes and ravines where shrubs euryxanthus) present form a vegetative mosaic with oak trees and grasses. Inhabits open areas of sandy soil and low vegetation in Low Coast Horned Lizard valleys, foothills and semiarid mountains. Found in Not likely to -/-/SC Year-round resident Suitable habitat (Phrynosoma blainvillii) grasslands, coniferous forests, woodlands and chaparral occur present with open areas and patches of loose soil. Agenda Item 8 Attachment

Table 2

Special-Status Species for the Clayton, Antioch South, Tassajara, Diablo, Las Trampas Ridge, Walnut Creek, Vine Hill, Honker Bay and Antioch North 7.5 Minute Quadrangle Maps1

Status Common Name/Scientific Blooming or Survey Potential on Status on (Fed/State/ Habitats of Occurrence Name Period Site Site** CNPS)2 1. Special-status plants and animals as reported by the California Natural Diversity Data Base, California Native Plant Society, and other background research March 2018. 2. Order of Codes for Plants - Fed/State/CNPS Order of Codes for Animals - Fed/State/CDFW Codes: SOC - Federal Species of Concern SSC/SC - California Species of Special Concern E - Federally/State Listed as an Endangered Species T - Federally/State Listed as a Threatened Species C - Species listed as a Candidate for Federal Threatened or Endangered Status R - Rare D - Delisted CP- California protected FP - State Fully Protected DFG: SC California Special Concern species 1B - California Native Plant Society considers the plant Rare, Threatened, or Endangered in California and elsewhere. 1A - CNPS Plants presumed extinct in California. 2 - CNPS Plants Rare, Threatened or Endangered in California, but more common elsewhere. 3 - CNPS Plants on a review list to find more information about a particular species. 4 - CNPS Plants of limited distribution - a watch list. Agenda Item 8 Attachment

ATTACHMENT 3

SITE PHOTOGRAPHS Agenda Item 8 Attachment

Photo 1: Facing east, photo shows large pond present on the Property. Oak woodland and deciduous forest can be seen in the background.

Photo 2: Facing northeast, photo shows large pond present on the Property. This pond provides suitable breeding habitat for California Tiger Salamander.

DIVIDE RESERVOIR PROPERTY – MARCH 2018 Agenda Item 8 Attachment

Photo 3: Facing northwest, photo shows the annual grassland and blue oak woodland habitats adjacent to the pond.

Photo 4: Facing west, photo shows large oak trees and non-native annual grassland habitat.

DIVIDE RESERVOIR PROPERTY – MARCH 2018 Agenda Item 8 Attachment

Photo 5: Facing south, photo shows the two large water tank reservoirs adjacent to the pond.